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Home My WebLink AboutPC Res 20-13 - 2020-11-16RESOLUTION NO 20-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 20-8 TO ALLOW THE CONSTRUCTION OF A ROOF DECK WITH THE RECONFIGURATION OF THE EXISTING STAIRWAY TO ACCESS THE NEW DECK ALONG WITH NEW BALCONY RAILING AND FAgADE UPGRADES WITHIN AN EXISTING TRIPLEX THAT IS NONCONFORMING DUE TO PARKING AND DENSITY IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING. AT 1117 SEAL WAY. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Nardi Associates ("the applicant') submitted an application to the Community Development Department for Minor Use Permit 20-8. The proposed project includes the construction of a roof deck with the reconfiguration of the existing stairway to access the new deck along with new balcony railing and fagade upgrades within an existing triplex that is nonconforming due to parking and density located at 1117 Seal Way in the Residential High Density (RHD -20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior remodel that is within an existing structure, involving negligible or no expansion of use. Section 3. A duly noticed public meeting was held before the Planning Commission on November 16, 2020 to consider Minor Use Permit 20-8. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 20-8 for a proposed project at 1117 Seal Way, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 3,372 square feet. The property is approximately 37.48 feet wide by 90 feet deep. The site is surrounded by residential uses on three sides and the beach on the south side. C. The subject property is currently developed with a triplex and an attached three -car garage. Based on the existing density and the number of enclosed parking spaces the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements and the addition of open roof decks with associated stair ways with approval of a Minor Use Permit. E. The applicant is requesting approval to proposing to add a roof deck and stair well leading to the roof deck, along with a remodel of the exterior of an existing triplex. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming Page 1 of 3 Resolution 20-13 1117 Seal Way land uses and permits minor alterations. The proposed addition of a roof deck and the stairway leading to the roof, along with the new balcony railings and facade change of an existing triplex will not change the character of the property, will not expand any nonconformity, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD -20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvement such as the addition of a roof deck with approval of a Minor Use Permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a triplex with an attached three -car garage and is considered nonconforming due to parking and density. The addition of the roof deck and stairway will not add habitable space and will maintain development standards applicable to the RHD -20 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD -20 zone, which consists of properties developed as single family and multi -family residences. The improvement will not add habitable space, but will slightly change existing operating characteristics of the triplex by adding the roof deck amenity. The site will remain similar to surrounding uses throughout RHD -20. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The addition of the roof deck and stairway will not intensify use on the property. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 20-8 for the addition of the roof deck, stairway, fagade remodel, and change of balcony railings of a nonconforming triplex is subject to the following conditions: 1. Minor Use Permit 20-8 is approved allowing for the addition of the roof deck, stairway, change of balcony railings and fagade remodel of a nonconforming triplex located at 1117 Seal Way. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 20-8. All new construction shall comply with all applicable state and local codes. 3. The applicants are required to obtain all Building and Safety permits prior to construction or demolition. 4. All materials, color, and finishes of the wall finish will be consistent with existing roof pitches and exterior finishes of the residential dwelling. 5. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. Page 2 of 3 Resolution 20-13 1117 Seal Way 6. Applicant shall provide California Coastal Commission approval prior to plan check submittal. 7. The applicants shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicants' obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on the 16th day of November, 2020, by the following vote: AYES: Commissioners Campbell, Winkler, Miller. Thomas NOES: Commissioners ABSENT: Commissioners Klinger ABSTAIN: Commissioners ATTEST: ning Commission Secretary Steve Miller L Mice Chairperson Page 3 of 3