HomeMy WebLinkAboutPC Res 20-14 - 2020-11-16RESOLUTION NO 20-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 20-3
TO ALLOW THE ADDTION OF APPROXIMATELY 977 SQUARE
FEET OF HABITABLE LIVING SPACE, 224 SQUARE FEET OF NEW
PORCH AREA, DEMOLITION OF AN EXISTING TWO -CAR
GARAGE, CONSTRUCTION OF A NEW 452 SQUARE FEET
GARAGE AND A 1036 SQUARE FOOT SECOND STORY NON -
HABITABLE ATTIC SPACE ADDITON TO AN EXISTING ONE-
STORY RESIDENCE ON A PROPERTY THAT IS NONCONFORMING
DUE TO SETBACKS LOCATED AT 127 13TH STREET IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Nancy Smith ("owner") submitted an application to the Community
Development Department for Conditional Use Permit 20-3. The proposed project
includes the addition of approximately 977 square feet of habitable living space, 224
square feet of new porch area, and the demolition of the existing two -car garage and
construction of a new 452 square feet garage along with 1035.70 square feet of second
story non -habitable attic space of an existing one-story single-family residence which is
nonconforming due to setbacks in the Residential High Density (RHD -20) zoning area.
Section 2. This project is determined to be a Class 1 (Conversion of small
structures) Categorical Exemption pursuant to Section 15301(e)(2) of the Guidelines for
the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.) for the permitting of 977 square feet of habitable space, 1035.70 square feet of
non -habitable second story attic space and addition of a 224 square feet enclosed front
porch at a project where all public services and facilities are available to allow maximum
development in the General Plan.
Section 3. A duly noticed public hearing was held before the Planning
Commission on November 16, 2020 to consider Conditional Use Permit 20-3. 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 property is rectangular in shape with a lot area of
approximately 5,875 square feet. The property is approximately 50 feet wide by 117.5
feet deep. The site is surrounded by residential uses on all sides.
B. The subject property is proposing to add approximately 977 square feet of
habitable living space, 224 square feet of new porch area, and the demolition of the
existing two -car garage and construction of a new 452 square feet garage along with
1035.70 square feet of second story non -habitable attic space to the existing one-story
single-family residence with a detached two car garage at the rear. Based on the
existing setback conditions, the subject property is considered nonconforming because
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Resolution 20-14
127 13th Street
the residence does not maintain the required south side yard setback. The proposed
improvements will not expand any existing nonconformity. The proposed addition will
comply with all required setbacks.
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 approximately 977 square feet of
habitable living space, 224 square feet of new porch area, and the demolition of the
existing two -car garage and construction of a new 452 square feet garage along with
1035.70 square feet of second story non -habitable attic space to the one-story
residential structure that conforms to all other requirements of the Municipal Code. The
addition will not intensify the nonconforming setback as the addition is proposed to meet
the required 5 foot set back. Part of the addition will attach the residence to the
proposed garage and will be constructed to meet all required setbacks.
D. The applicant is proposing to add approximately 977 square feet of
habitable living space, 224 square feet of new porch area, and the demolition of the
existing two -car garage and construction of a new 452 square feet garage along with
1036 square feet of second story non -habitable attic space to the existing single -story
residence. With the addition, the applicant will add a master bedroom, master bathroom,
and laundry room to the existing 2 -bedroom one -bathroom residence. The proposed
addition will increase lot coverage to approximately 3,526 square feet or 60%, which is
less than the maximum 75% lot coverage that is permitted in the RHD -20 zone.
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 additions 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 land uses and permits minor alterations. The
proposed addition to the residence will allow for addition of a master bedroom and
master bathroom but will not expand any nonconformity and will be consistent with other
surrounding properties. The property is nonconforming because the existing residence
does not meet the required interior side yard setback along the south property line.
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 Old Town RHD -20 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 occupied with a one-story single-family residence and is considered
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Resolution 20-14
127 IYI Street
nonconforming due to setbacks only. The addition to the residence will maintain
development standards applicable to the RHD -20 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 RHD -
20 zone, which consists of properties developed as single family and multi -family
residences. The improvement will add habitable and non -habitable space, and will
remain similar to surrounding residential uses throughout the RHD -20 zoned area.
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 to the residence will increase the existing lot coverage to
approximately 60 percent. The lot coverage on the subject site will continue to be under
the maximum 75 percent lot coverage permitted in the RHD -20 zone. 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 20-3 for the addition of approximately 977 square feet of
habitable living space, 224 square feet of new porch area, and the demolition of the
existing two -car garage and construction of a new 452 square feet garage along with
1035.70 square feet of second story non -habitable attic space to the existing single -
story residence which is a nonconforming property subject to the following conditions:
1. Conditional Use Permit 20-3 is approved for the addition of approximately 977
square feet of habitable living space, 224 square feet of new porch area, and the
demolition of the existing two -car garage and construction of a new 452 square
feet garage along with 1036 square feet of second story non -habitable attic
space to the existing single -story residence which is nonconforming due to
setbacks, on a property located at 127 13th Street.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Conditional Use Permit 20-3. All new construction shall
comply with all applicable state and local codes.
3. The applicant is required to obtain all Building and Safety permits prior to
construction or demolition.
4. All materials, color, wall finishes and roof material must be consistent with
existing material and exterior finishes of the residential dwelling.
5. Applicant shall obtain California Coastal Commission approval prior to submitting
to the City for building plan check review.
6. Use of the second -story attic space is limited to non -habitable use only.
Habitable use of the attic space shall require an amendment to this permit and
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Resolution 20-14
127 13th Street
obtain approval by the Planning Commission prior to such use. Applicant shall
record a convenient with the county recorder's office stating the attic space is for
non -habitable use only.
7. 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.
8. 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 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 November 16, 2020, by the following vote:
AYES: Commissioners
NOES: Commissioners
CAMPBELL, WINKLER, THOMAS
ABSENT: Commissioners Klinger
ABSTAIN: Commissioners Miller
I_\
J6[rnson
nning Commission Secretary
Michael Thomas
Second Vice Chairperson
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