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HomeMy WebLinkAboutPC Res 22-04 - 2022-04-18 RESOLUTION NO 22-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 22-1 TO ALLOW AN INTERIOR REMODEL, THE ADDITION OF A 60 SQUARE FOOT COVERED ENTRYWAY, THE ADDITION OF NEW FRONT AND SIDE PORCHES TOTALING 483 SQUARE FEET OF NON-HABITABLE SPACE, AND THE ADDITION OF AN ATTACHED 437 SQUARE FOOT REAR PATIO COVER 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 Minor Use Permit 22-1. The proposed project includes an interior remodel, the addition of a 60 square foot covered entryway, the addition of new front and side porches totaling 483 square feet of non-habitable space, and the addition of a 437 square foot attached rear patio cover to 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 an interior remodel, the addition of a 60 square foot covered entryway, the addition of new front and side porches totaling 483 square feet of non-habitable space, and the addition of an attached 437 square foot rear patio cover 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 April 18, 2022 to consider Minor Use Permit 22-1 . 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 the addition of a 60 square foot covered entryway, the addition of new front and side porches totaling 483 square feet of non- habitable space, and the addition of an attached 437 square foot rear patio cover 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 the residence does not maintain the required south side yard Page 1 of 4 Resolution 22-4 127 13th Street and rear setbacks. The proposed improvements will not expand any existing nonconformity. The proposed addition will comply with all required setbacks. C. The subject property is currently developed with a one single-family residence and a detached two-car garage. Based on the existing setback conditions, the subject property is considered nonconforming because the residence and detached garage do not maintain the required side and rear yard setbacks. The proposed additions will not intensify the nonconforming setback as the additions are proposed to exceed the required five-foot setback along the northerly property line and will conform to all other requirements of the Municipal Code. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements involving interior improvements, the alteration or addition of roofs, balconies and porches of nonconforming properties. E. The applicant is proposing an interior remodel, the addition of a 60 square foot covered entryway, the addition of new front and side porches totaling 483 square feet of non-habitable space, and the addition of an attached 437 square foot rear patio cover to the existing single-story residence. The proposed addition will increase lot coverage to approximately 2,806 square feet or 48 percent, which is less than the maximum 75 percent 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 of the front covered entryway, the addition of new front and side porches, and the addition of an attached rear patio cover 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 south side yard and rear setbacks. 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 11.4.40.020) allows minor improvements such as the alteration or addition of roofs, balconies and porches to nonconforming properties 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 occupied with a one-story single-family residence and is considered nonconforming due to setbacks only. The addition to the residence will maintain development standards Page 2 of 4 Resolution 22-4 127 13th Street 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 48 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 Minor Use Permit 22-1 for an interior remodel, the addition of a 60 square foot covered entryway, the addition of new front and side porches totaling 483 square feet of non- habitable space, and the addition of an attached 437 square foot rear patio cover to the existing single-story residence which is a nonconforming property subject to the following conditions: 1. Minor Use Permit 22-1 is approved for an interior remodel, the addition of a 60 square foot covered entryway, the addition of new front and side porches totaling 483 square feet of non-habitable space, and the addition of an attached 437 square foot rear patio cover to the existing single-story residence which is nonconforming due to setbacks, on a property located at 127 13th Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 22-1 . 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. 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 3 of 4 Resolution 22-4 127 13'h Street 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 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. 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 April 18, 2022, by the following vote: AYES: Commissioners Klinger, Thomas, Campbell, Massetti NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Miller • 'I Steve Miller Chairperson ATTEST: Alexa Smittle Planning Commission Secretary Page 4 of 4