The URL can be used to link to this page

Home My WebLink AboutPC Res 21-02 - 2021-01-19RESOLUTION NO. 21-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 20-5 TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL 106 SQUARE FEET OF HABITABLE SPACE AND THE REMODEL OF A SINGLE-FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO REAR YARD SETBACKS IN THE SURFSIDE COLONY LOCATED IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Chasen and Samantha Tedder, ("the applicants") submitted an application to the Community Development Department for Conditional Use Permit 20-5. The proposed project includes a 53 square foot addition on the second and third floors totaling 106 square feet of habitable space and the interior remodel of a single- family residence that is nonconforming due to rear yard setbacks in the Surfside Colony located at C 7 Pacific Avenue which is nonconforming due to setbacks in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 1 (Conversion of small structures) Categorical Exemption pursuant to Section 15301(e)1 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a 53 square -foot second and third story addition which is less than 50 percent of the existing single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on January 19, 2021 to consider Conditional Use Permit 20-5. At the public hearing, 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 subject site consists of a 958 sq. ft. parcel developed with a three-story single-family residence and two -car garage. The subject site is located on the south side of Pacific Avenue in Surfside Colony area. The subject site is surrounded by residential uses on all sides. The subject property is located in the RLD-9 (Residential Low Density) zone. B. The subject property is currently developed with a three-story single- family residence and attached two car garage. Based on the existing setback conditions, the subject property is considered nonconforming because the portion of the rear of the house that faces the neighboring residence is within the 3 -foot rear yard setback. The proposed improvements will not expand any existing nonconformity. The proposed addition will maintain all current required setbacks. Page 1 of 4 Resolution 21-2 C7 Pacific Avenue C. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows improvements, which involve the alteration or addition to residences that are nonconforming due to setbacks. The addition is to add habitable square footage to the second third floors of a residential structure that conforms to all the requirements of the Municipal Code. The addition will not intensify the rear nonconforming setback. D. The applicant is proposing to add approximately 106 square feet Of habitable space, 53 square feet to the second floor and 53 square feet to the third story of the residence. The proposed addition will not add any bedrooms but will add space on to an existing bedroom and living room. The proposed addition will not result in additional lot coverage. The Surfside Colony does not have a lot coverage requirement. 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 addition is consistent with the General Plan which encourages architectural diversity in the Surfside Colony while ensuring compatibility between all residential uses. The General Plan also recognizes existing nonconforming land uses and permits minor alterations. The proposed addition to the bedroom and living room, will not expand any nonconformity, and will be consistent with other surrounding properties. The property is nonconforming because the rear setback of the residence is does not meet the required rear yard setback of 3 feet. B. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Surfside Colony in the RLD-9 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.020) allows additions and improvements such as the alteration or addition of habitable square footage to nonconforming properties with approval of a Conditional 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 single family residence and is considered nonconforming due to setbacks only. The addition to the residence will maintain development standards applicable to the Surfside RLD-9 zone. The improvements will not increase density or cause a change beyond existing use of 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 Surfside Colony RLD-9 zone, which consists of properties developed as single family residences. The improvement will add approximately 106 square feet of habitable space and will remain similar to surrounding residential uses throughout the RLD-9 zoned area. Page 2 of 4 Resolution 21-2 C7 Pacific Avenue 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 proposed addition will not result in additional lot coverage. 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 Conditional Use Permit 20-5 for the addition of a total of 106 square feet to the second and third floors of an existing three-story single-family residence which is a nonconforming property subject to the following conditions: 1. Conditional Use Permit 20-5 is approved for the addition of a total of 106 square feet to the second and third floors of an existing three-story single family residence which is nonconforming due to rear yard setbacks, located at C7 Pacific Avenue, for additional space in an existing bedroom and living room. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 20-5. All new construction shall comply with all applicable state and local codes. 3. The applicant must obtain approval from the California Coastal Commission prior to submitting for Building Plan Check. 4. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 5. All materials, color, wall finishes and roof material must be consistent with existing material and exterior finishes of the residential dwelling. 6. This Conditional 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. 7. The applicant 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 Conditional 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. Applicant's 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 Page 3 of 4 Resolution 21-2 C7 Pacific Avenue 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 January 19, 2021, by the following vote: AYES: Commissioners KLINGER, MILLER, CAMPBELL, THOMAS, WINKLER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: s nnson Ptafining Commission Secretary �c�-Ibliller Chairperson Page 4 of 4 f f