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HomeMy WebLinkAboutPC Res 21-14 - 2021-11-01RESOLUTION NO. 21-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 21-4 TO ALLOW AN INTERIOR REMODEL AND THE ADDITION OF A SECOND STORY TO AN EXISTING SINGLE-FAMILY RESIDENCE WHICH IS NONCONFORMING DUE TO SETBACKS ON A PARCEL LOCATED AT 255 17TH STREET IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Steven Sennikoff ("the applicant") submitted an application to the Community Development Department for Conditional Use Permit 21-4 for an existing lot located at 255 17th Street. The proposed project includes an interior remodel and addition to the second story of an existing single-family residence which is nonconforming due to setbacks in the Residential High Density (RHD -20) zoning district. Section 2. This project is determined to be a Class 1 (Existing Facilities) 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 an addition that is under 10,000 square feet and all public services and facilities are available to allow maximum development and the area is not environmentally sensitive. Section 3. A duly noticed public hearing was held before the Planning Commission on November 1, 2021, to consider Conditional Use Permit 21-4. 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 2,500 square feet. The property is approximately 25 feet wide by 100 feet deep. The site is surrounded by residential uses. B. The subject property is developed with a one-story, single-family residence and an attached two -car garage. Based on the existing setback conditions, the subject property is considered nonconforming because the garage and residence do not maintain the required side yard setback of three feet nine inches for the northerly street side setback. The proposed improvements would not expand any existing nonconformity. C. Section 11.4.40.020 of the Seal Beach Municipal Code (SBMC) allows improvements which involve the alteration or addition to residences that are nonconforming due to setbacks, subject to approval of a conditional use permit. The proposed addition would allow the addition of a second floor to a residential structure that conforms to all requirements of the SBMC, except the street -side side yard setback. The Page 1 of 4 Resolution 21-14 255 17th Street proposed addition would not intensify the nonconforming setback, with new construction meeting the setback requirement on the northerly lot boundary. D. The applicant is proposing to add a 1,355 -square -foot second story to the residence and remodel the first floor. The proposal would add two bedrooms and two bathrooms to the existing two-bedroom, two -bathroom residence. The house has a two -car attached garage. The proposed addition would add additional lot coverage for a total of 60.64 percent, which is less than the maximum lot coverage of 75 percent allowed 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 SBMC, the Planning Commission makes the following findings: A. The proposed addition is consistent with the General Plan which encourages architectural diversity in Old Town 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 would allow for the addition of two bedrooms and two bathrooms to the residence but would not expand any nonconformity and would be consistent with other surrounding properties. The property is nonconforming because the existing house has an insufficient street -side, side yard setback of only three feet rather than the required three feet nine inches. The proposed addition would comply with the required three feet nine -inch setback. B. The proposed addition is allowed within the applicable zoning district subject to approval of a Conditional Use Permit and would comply with all other applicable provisions of the SBMC. The subject site is located within the Old Town RHD -20 zone, an area where Section 11.4.40.020 of the SBMC allows additions and improvements such as the alteration or addition of additional square footage to nonconforming properties subject to approval of a conditional use permit. C. The proposed use, as conditioned below, would 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 proposed addition to the residence would maintain development standards applicable to the RHD -20 zone by complying with the required northerly street -side side yard setback for the addition. The improvements would not increase density or cause a change beyond the existing use of property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, would be compatible with and would 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 proposed improvement would add approximately 1,355 square feet of habitable space and would remain similar to surrounding uses throughout the RHD -20 zone. Page 2 of 4 Resolution 21-14 255 17th Street 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 of a new second floor would increase the existing lot coverage to approximately 60.64 percent. The lot coverage on the subject site would continue to be under the maximum 75 percent lot coverage permitted in the RHD -20 zone. The subject site would 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 21-4 for an interior remodel and the addition of a new second story to an existing single-family residence which is a nonconforming property subject to the following conditions: 1. Conditional Use Permit 21-4 is approved for an interior remodel and the addition of a new second story to an existing single-family residence which is nonconforming due to setbacks at 255 17th Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 21-4. All new construction shall comply with,allappli�cable state and local codes. 3. The applicanti's-,r-.equired 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. The applicant must obtain approval from the California Coastal Commission prior to submitting to the Building Department for plan check. -- 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 21-14 255 17th Street 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 1, 2021, by the following vote: AYES: Commissioners Miller, Winkler, Thomas, Klinger, Campbell NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners A' Barry Curtis, AICP---." -J Planning CommYssion Secretary Steve Miller Chairperson Page 4 of 4 R 1R