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Home My WebLink AboutPC Res 24-02 - 2024-02-20 RESOLUTION NO. 24-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 23-7 TO ALLOW CONSTRUCTION OF A ONE-CAR GARAGE WITH AN OPEN ROOF DECK ABOVE ON A SINGLE-FAMILY RESIDENTIAL PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 213 3RD STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Ron Hoover on behalf of property owner Thomas Cole ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 23-7. The proposed project includes the construction of a one car garage with an open roof deck on a single-family residential property that is nonconforming due to setbacks located at 213 3rd Street in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 3 (New Construction 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 an accessory structure/one-car garage with an open roof deck at an existing nonconforming residence. Section 3. A duly noticed public meeting was held before the Planning Commission on February 20, 2024, to consider Minor Use Permit 23-7. 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 23-7 for a proposed project at 213 3rd Street. B. The subject property is an irregular shaped lot with an area of approximately 5,997 square feet. The property averages 44 feet 3 inches wide by approximately 117.50 feet in depth. The site is surrounded by residential uses on all sides. C. The subject property is currently developed as a single-family residence with an ADU built above the existing detached two-car garage. 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, nor does the existing two-car garage maintain the required rear yard setbacks. D. The Seal Beach Municipal Code (SBMC) Section 11 .4.40.015.B (Minor Improvements to Nonconforming Residential Structures) allows the construction of garages and open roof decks to nonconforming residential properties through a minor use permit. E. The applicant is proposing construction of a single car garage with an open roof deck attached to an existing detached two-car garage on a single-family residential property that is nonconforming due to setbacks. The proposed improvement involves construction of a one-car garage with an open roof deck directly above. Upon completion of Page 1 of 4 Resolution 24-02 213 3ro Street the proposed improvements, the nonconformity related to setbacks will not be further expanded or intensified. F. The exterior improvements involve a stucco finish that complements the main residential dwelling. An existing staircase along the side of the existing two car garage will serve as the primary access to the open roof deck above the proposed single car garage. 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 Section 11.5.20.020 (Required Findings) 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 the single car garage and an open roof deck, to be attached to the existing detached two-car garage 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 provisions of the Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where the SBMC Section 11.4.40.015 (Minor Improvements to Nonconforming Residential Structures) allows construction of garages and open roof decks to nonconforming residential 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 a single-family residence with a detached two-car garage and an ADU above the garage, and is considered nonconforming due to setbacks. The proposed improvements involve construction of a single car garage with an open roof deck above, to be attached to the existing two-car garage. The proposed construction will maintain development standards applicable to the RHD-20 zone, and the proposed one-car garage will comply with the side yard setback and rear setback. The improvement will not increase density or change the 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 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 the existing operating characteristics of the property and will remain similar to surrounding uses throughout RHD-20 zoned area. Page 2 of 4 Resolution 24-02 213 3rd 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 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 23-7 for construction of a one 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 23-7 is approved for construction of a one car garage and an open roof deck on a single-family residential property that is nonconforming due to setbacks located at 213 3rd Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 23-7. 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 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. Page 3 of 4 Resolution 24-02 213 3rd Street PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on the 20th day of February 2024, by the following vote: AYES: Commissioners CAMPBELL, MINGIONE, WONG, COLES NOES: Commissioners WHEELER ABSENT: Commissioners ABSTAIN: Commissioners C Richard Coles Chairperson ATTEST: Alexa Smittle Planning Commission Secretary Page 4 of 4