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HomeMy WebLinkAboutCC Res 7395 2023-04-24 RESOLUTION 7395 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DENYING THE APPEAL OF PLANNING COMMISSION RESOLUTION 23-01, AND DENYING REASONABLE ACCOMMODATION 22-1 IN PART, WITH RESPECT TO A CARPORT-LIKE ACCESSORY STRUCTURE, AND APPROVING REASONABLE ACCOMMODATION 22-1 IN PART, AS MODIFIED, WITH CONDITIONS, TO ALLOW ENCROACHMENTS INTO THE REQUIRED REAR AND SIDE YARD SETBACKS OF CERTAIN PREVIOUSLY CONSTRUCTED NONCONFORMING AND NON- PERMITTED ACCESSORY STRUCTURES/PATIO COVERS IN THE BACK YARD, ON A CONFORMING PROPERTY IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Donald Miller ("the applicant/property owner") through his attorney, Scott Levitt, submitted an application to the Community Development Department for Reasonable Accommodation (RA) 22-1 and Variance (VAR) 22-2 for an existing parcel located at 1733 Catalina Avenue. The request is to allow three previously constructed accessory structures/patio covers and a carport within the required rear and side yard setbacks in the Residential Low Density (RLD-9) Zone. The subject accessory structures include the following: A. On the west side of the home at the front of the lot, a carport-like structure of approximately 185 square feet was built extending from the house to the side property line over the driveway, with the lattice structure, beams and roof intruding into the side setback. No City permits exist for this carport-like structure. B. Within the backyard, at the north corner of the lot, a structure of approximately 177.5 square feet was constructed within the rear and side yard setbacks and overhangs a built-in barbeque and a dining table. No City permits exist for this structure. C. Within the backyard, but closer to the rear center of the lot, a second gazebo-type structure of approximately 63 square feet was constructed within the rear yard setback and placed over a hot tub. No City permits exist for this structure. The hot tub has also been placed adjacent to and against the rear wall and property line. A site plan and photographs showing these nonconforming and non- permitted accessory shade structures are set forth on Exhibit A, attached hereto and incorporated herein by this reference. Page 1 of 9 Resolution 7395 1733 Catalina Avenue Section 2. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA). the Community Development Department has determined that the proposed project is 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 exterior accessory structures at an existing single-family residence where modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on February 6, 2023, to consider the application for Variance (VAR) 22-2 and Reasonable Accommodation (RA) 22-1. At this meeting, the Planning Commission received and considered all evidence presented, both written and oral. regarding the subject application. Following the public hearing, the Planning Commission voted and approved Resolution No. 23-01, denying Reasonable Accommodation 22-1 in part, and approving Reasonable Accommodation 22-1, in part, as modified, with conditions. The Planning Commission also denied Variance 22-2, pursuant to Resolution No. 23-02. Section 4. The applicant, through his attorney Scott Levitt, timely appealed the Planning Commission's decision with respect to Reasonable Accommodation 22-1, by submitting an Appeal Application to the City Council on February 15, 2023. The property owner did not appeal the denial of Variance 22-2. Section 5. A duly noticed public hearing was held before the City Council April 24, 2023, to consider the applicants' appeal and application for Reasonable Accommodation (RA) 22-1. At the de novo public hearing, the City Council received and considered all evidence presented, both written and oral, regarding the subject appeal and application. All persons present who wished to address the Council regarding the matter were permitted to do so. Based on substantial evidence in the entire record of the hearing, the City Council finds the following facts to be true. A. The subject property is rectangular in shape with a lot area of approximately 6,000 square feet, measuring 60 feet in width and 100 feet in length, and is surrounded by residential uses. The subject site is consistent with the size configuration of other residential parcels in the same zoning district and residential area. B. The subject property is currently developed with a two-story single- family residence and an attached two-car garage that were constructed in 1975. With the exception of the unpermitted accessory structures identified in Section 1 , that encroach into the rear and side setbacks, the existing site is conforming to all City setback. height and lot coverage requirements. The nonconforming structures, as identified in Section 1, were constructed on the subject property without permits and would not have been allowed to encroach into the side or rear setbacks under applicable zoning development standards. Because no permits were obtained prior to the construction of these accessory structures, they are also unlawful. C. The Seal Beach Municipal Code (SBMC §11.5.30) allows reasonable accommodations to the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to Page 2 of 9 Resolution 7395 1733 Catalina Avenue use and enjoy a dwelling in a manner equal to residents without a disability in accordance with the requirements of federal and state fair housing laws. D. The applicant is requesting approval of a reasonable accommodation to allow the continued encroachment of the previously constructed nonconforming and non-permitted exterior accessory structures and a carport within required rear and side yard setbacks at the existing single-family residence to provide the applicant/property owner with additional opportunities for shade on the subject site. E. The Seal Beach Municipal Code (SBMC §11.5.30.020.B) provides that a written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: 1 . The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the city as ''undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. F. The Seal Beach Municipal Code (SBMC § 11.5.30.020.C) also allows the City to approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. G. The Seal Beach Municipal Code (SBMC § 11.5.30.020.E) provides that the City may consider certain factors to determine whether the request for reasonable accommodation would result in a fundamental alteration of the City's zoning program, including: 1. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking; and Page 3 of 9 Resolution 7395 1733 Catalina Avenue 3. Whether the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan. Section 6. All legal prerequisites to the adoption of this Resolution have occurred. Section 7. Based upon the facts contained in the record, including but not limited to all written evidence and the oral testimony offered at the public hearing, and the facts stated in the preceding Sections of this Resolution, and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the City Council makes the following findings of fact: A. Based on documentation provided to City staff, the requested accommodation to allow the existing accessory shade structures to encroach into the side yard setback and rear yard setback is requested by or on the behalf of an applicant/property owner who has a disability protected under the fair housing laws. B. The requested accommodation with respect to the rear yard accessory structures is necessary to provide the applicant/property owner, as an individual with a disability, with an equal opportunity to use and enjoy his dwelling, by allowing him to use his backyard with shade. The requested accommodation for the carport-like structure over the driveway is not necessary to provide the applicant/property owner with an equal opportunity to park on a shaded area of his property. C. The requested accommodation, as proposed by the applicant/property owner, will result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law, and the requested accommodation will, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others, for the following reasons. 1. The subject site is currently developed with a two-story single- family residence with an attached enclosed two-car garage, and the house and garage are considered conforming as originally built. The garage provides shaded parking for the applicant/property owner on the property in a manner consistent with the other residences in the neighborhood and zoning district. 2. The existing subject accessory structures, as described in Section 1 of this Resolution, are inconsistent with the development standards in the RLD- 9 zone and with other surrounding properties with regard to side and rear yard setbacks and are unlawful because they were constructed without City permits. 3. The location, size, design, and operating characteristics of the requested encroachments are not compatible with the development standards as set forth in Section 11.2.05.015 of the SBMC because the accessory structures were constructed within the required side and rear yard setbacks. The placement and location of the subject accessory structures have the potential to cause adverse effects to neighboring properties in their current location, configuration and/or characteristics, and may impair the safety of the subject property and surrounding residences. Although the requested Page 4 of 9 Resolution 7395 1733 Catalina Avenue accommodation to allow the accessory structures as they are currently constructed may allow the property owner additional opportunities for shade coverage, the placement of the accessory structures negatively affects neighboring properties as the roofs of the accessory structures overhang into neighboring yards and/or direct rainwater into neighboring yards. The requested accommodation would also alter the character of the neighborhood with respect to the carport-like structure as that carport-like structure is constructed on the exterior of the dwelling, is visible from the street, and is a feature not commonly found within the side setback of residences in the zoning district. Additionally, the subject property already maintains an attached enclosed garage, which contains two covered spaces, thereby providing the applicant with equivalent use of his property as surrounding neighbors in regards to shaded parking, and as a result, a carport is not necessary in order to provide the property owner with equivalent opportunity for parking on his lot. The construction of the accessory structures was not carried out without any City-issued permits, and the methods of construction and the building characteristics were therefore not reviewed by the City to determine their compliance with Building Codes. D. Pursuant to the Seal Beach Municipal Code (SBMC § 11.5.30.020.0), the City Council finds that there are alternative reasonable accommodations for the encroachments in the rear yard which provide an equivalent level of benefit to the property owner and for which the findings necessary to approve a reasonable accommodation for those rear-yard accessory shade structures only, may be made, for the following reasons. 1 . The subject site is located within the Hill RLD-9 zone, an area where the Seal Beach Municipal Code (SBMC §11.5.30) allows reasonable accommodations to the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling with Planning Commission approval. 2. The General Plan permits minor alterations that do not change the existing quality or character of the neighborhood. 3. Granting of a reasonable accommodation for the rear yard accessory shade structures is necessary to provide the property owner, an individual with a disability, an equal opportunity to use and enjoy the dwelling in the same manner as other property owners in the zoning district and his neighborhood. 4. Following approval of the request for Reasonable Accommodation, as modified in and conditioned by this Resolution, the subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood and will comply with all other applicable provisions of the Municipal Code. 5. The requested use for the accessory shade structures in the back yard of the property, as modified and conditioned below in accordance with the alternative reasonable accommodation, 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. Page 5 of 9 Resolution 7395 1733 Catalina Avenue Section 8. Based on the foregoing, the City Council hereby denies the appeal of the Planning Commission's decision on Reasonable Accommodation 22-1 with respect to the carport-like structure located along the west side of the house in the front of the subject property and extending from the house over the driveway to the side property line. The carport-like structure shall comply with all the following requirements: 1. Within three months of the date of this Resolution, the carport-like structure shall either be removed in its entirety (including but not limited to, all lattice structures, beams and roof) from the subject property, or the structure shall be modified to conform with the five-foot side yard setback as required by the Zoning Code and without any encroachments into the side yard setback or any other Code violations. 2. No demolition, modifications or other construction shall take place with respect to the carport-like structure without the applicant/property owner obtaining all required City permits and carrying out all construction in compliance with the requirements of the Zoning Code and Building Codes. Section 9. Based on the foregoing, the City Council hereby denies the appeal of Reasonable Accommodation 22-1, with respect to the accessory shade structures in the rear yard of the lot, and approves alternative Reasonable Accommodation 22-1 as modified, with respect to the accessory shade structures in the rear yard of the lot subject to the following conditions: 1. Alternative Reasonable Accommodation 22-1 is approved for the placement or construction of the following two exterior accessory shade structures located in the rear yard at 1733 Catalina Avenue, (a) within the backyard, at the north corner of the lot, that overhangs a built-in barbeque and a dining table; and (b) within the backyard, but closer to the rear center of the lot, a second gazebo-type structure that has been constructed and placed over a hot tub, as modified, conditioned and defined below in Condition Nos. 2 through 13, inclusive, below, of this Section. 2. The existing accessory shade structures in the rear yard shall be reduced and otherwise modified in dimension so that they encroach only into the subject property's side and rear yard setbacks, and do not encroach into any neighboring property. If the property owner removes the existing accessory shade structures and constructs replacement accessory shade structures, under no circumstances shall the replacement accessory shade structures exceed the existing dimensions of the structures as modified and shall remain solely within the subject property. 3. The accessory shade structures in the rear yard, as conditioned, shall not be affixed or attached to any adjoining property walls that are not on the subject owner's property, and shall not encroach onto or across the property line(s) that divide the subject property from any neighboring property. 4. The existing accessory shade structures eaves/overhangs, or any replacement accessory shade structure eaves/overhangs that may be constructed in place of the existing eaves/overhangs, shall not project or encroach into any neighboring Page 6 of 9 Resolution 7395 1733 Catalina Avenue property, nor shall they allow rain runoff or other drainage to be directed into any neighboring property. All construction shall be subject to review and approval by the City. 5. The hot tub shall be relocated to be a minimum of four feet away from the rear wall, in accordance with Municipal Code Section 11.4.10.030, and shall be maintained not less than four feet from the rear wall at all times. 6. The accessory shade structure associated with the hot tub shall be used solely to provide shade to the hot tub and shall not be relocated unless to shade the hot tub. Should the hot tub be removed, the associated shade structure must also be removed forthwith. 7. All accessory shade structures in the rear yard shall either be moved from the subject property or replaced to be in compliance with Conditions 1 through 13, inclusive, of this Resolution, within six months of the approval of this Resolution. 8. All plan check and future construction shall be in substantial compliance with the plans approved through Reasonable Accommodation 22-1 as modified and conditioned pursuant to this Resolution. All construction shall comply with all applicable state and local building codes, including but expressly not limited to, fire code requirements. In addition to all other Municipal Code requirements, all lattice work shall be removed from the accessory shade structures; and any replacement barriers shall comply with Code requirements including but not limited to the Building and Fire Codes. 9. The applicant is required to obtain all Building and Safety permits prior to any construction or demolition. 10.A11 materials, color, wall finishes, and roof material of the accessory shade structures in the rear yard must be consistent with existing material and exterior finishes of the residential dwelling. 11 .The Reasonable Accommodation granted by this Resolution shall be personal to the applicant/property owner for whom this Reasonable Accommodation was granted and shall not run with the land. Prior to issuance of a building permit, the applicant/property owner shall cause a covenant to be recorded with the Orange County Recorder on the subject property, in a form satisfactory to the City Attorney, that incorporates the requirements of this Resolution, and also provides that the unpermitted accessory/shade structures in the rear yard must be removed once such applicant/property owner no longer lives at the location and/or prior to the sale or other transfer of ownership of the property, whichever occurs first. 12.This Reasonable Accommodation 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 7 of 9 Resolution 7395 1733 Catalina Avenue 13.The applicant/property owner 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 Reasonable Accommodation 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. The applicant's/property owner'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 Section 10. The documents, staff reports, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal Beach, CA 90740. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting thereof held on 24th day of April, 2023, by the following vote: AYES: Councilmembers KALMICK, STEELE, SUSTARSIC, MOORE NOES: Councilmembers NONE ABSENT: Councilmembers NONE ABSTAIN: Councilmembers LANDAU 1411 -4 • SEAQ dr Thomas Moore, Mayor �0� aQOAAIE p�/♦ ATA ST: �, •a o ,o loria D. Harpi.r, City Clerk Page 8 of 9 Resolution 7395 1733 Catalina Avenue STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7395 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th d.y of April, 2023. loria D. Harper, City Clerk Page 9 of 9 I I I