Loading...
HomeMy WebLinkAboutPC Res 22-20 - 2022-12-05 RESOLUTION NO. 22-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 22-6 TO ALLOW CONSTRUCTION OF A DETACHED TWO-CAR GARAGE AND AN OPEN ROOF DECK ON A SINGLE-FAMILY RESIDENTIAL PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 225 10TH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Arde Shirazi on behalf of property owners Amad Noruz and Tim Hatamian ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 22-6. The proposed project includes the construction of a detached two car garage and an open roof deck on a single-family residential property that is nonconforming due to setbacks located at 225 10th Street in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction of a detached two car garage and an open roof deck at an existing nonconforming residence. Section 3. A duly noticed public meeting was held before the Planning Commission on December 5, 2022, to consider Minor Use Permit 22-6. 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 22-6 for a proposed project at 225 10th Street, Seal Beach. California. B. The subject property is rectangular in shape with a lot area of approximately 2,936 square feet. The property is approximately 25 feet wide by 117.50 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed as multi-family residential with two separate units. Based on the existing setback conditions, the subject property is considered nonconforming because the primary residential structure does not maintain the required side yard setbacks. In its current form. the property is also nonconforming due to density and parking, however, upon completion of the proposed improvements. the nonconformities related to density and parking will be resolved and not expand upon any remaining nonconformity. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements involving the alteration or addition of garages and open roof decks to nonconforming properties. Page 1 of 4 Resolution 22-20 225 10th Street E. The applicant is proposing construction of a detached two car garage and an open roof deck on a single-family residential property that is nonconforming due to setbacks. The proposed improvements involve the demolition of the existing second residential unit and will construct in its place a detached two-car garage with an ADU directly above the garage with a roof top deck above the ADU. F. The addition of the ADU above the garage is not included as a part of this MUP submittal as it is exempt in conformance with Government Code Section 65852.2(e) and approved ministerially through a Zoning Conformance Review, per section 11.4.05.115 of the Zoning Code. G. The exterior improvements involve a stucco finish that complements the main residential dwelling and install a spiral staircase along the front southeast corner of the garage that will serve as the primary access to the second-floor unit in addition to the open roof deck. The alterations proposed on the subject site are consistent with the provisions of the Code and will not intensify any nonconforming condition. 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 land uses and permits minor alterations. The proposed construction of a detached two car garage and an open roof deck on a nonconforming single-family residential property will not change the character of the property, will not expand upon 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 rovisions 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 improvements such as the addition of garages and open roof decks 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 developed with two residential buildings without a garage and is considered nonconforming due to setbacks, density and parking. The proposed improvements involve demolition of the existing second residential unit and construction in its place of a detached two-car garage. thereby resolving the nonconformities related to density and parking. The proposed construction 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 Page 2 of 4 Resolution 22-20 225 10th Street 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 change existing operating characteristics of the single-family residence and will remain similar to surrounding uses throughout 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 improvements will not intensify use of 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 22-6 for construction of a detached two car garage and an open roof deck on a single-family residential property that is nonconforming due to setbacks, subject to the following conditions: 1. Minor Use Permit 22-6 is approved for construction of a detached two car garage and an open roof deck on a single-family residential property that is nonconforming due to setbacks located at 225 10th Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 22-6. 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, and finishes of the wall finish will be consistent with 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. 6. 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 grcnting 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 ircurred 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. Page 3 of 4 Resolution 22-20 225 10th Street PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on the 5th day of December 2022, by the following vote: AYES: Commissioners MASSETTI, THOMAS, CAMPBELL, KLINGER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners � I Michael Thomas Vice Chairperson ATTEST: - Alexa Smittle Planning Commission Secretary Page 4 of 4