Loading...
HomeMy WebLinkAboutPC Res 24-06 - 2024-07-01 RESOLUTION NO. 24-06 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 24-03 TO ALLOW A NEW 140 SQUARE FOOT LOFT (SECOND FLOOR OPEN SPACE AREA) WITHIN EXISTING EXTERIOR WALLS, A ROOF ADDITION OVER AN EXISTING SECOND STORY BALCONY, AND EXTERIOR MODIFICATIONS TO AN EXISTING NONCONFORMING SINGLE-FAMILY STRUCTURE LOCATED AT 228 13TH STREET IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Erin Cherson submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 24-03 on behalf of the property owner, to authorize minor improvements at an existing non-conforming single-family unit including a new 140 square foot loft (second floor open space area) within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications at 228 13th Street (the "subject property"), which is located in Residential High Density (RHD-20) Zone. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for minor improvements within an existing single-family unit. Section 3. A duly noticed public hearing was held before the Planning Commission on July 1, 2024, to consider the application for MUP 24-03. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 24-03 for a proposed project at 228 13th Street. B. The subject property is a rectangular shaped lot with an area of approximately 3,750 square feet located on the east side of 13th Street between Electric Avenue and Landing Avenue in the Old Town area. The property averages 37 feet 6 inches wide by approximately 100 feet in depth. The site is surrounded by residential uses on all sides. C. The subject site is developed with a two-story single-family dwelling with an attached garage. Based on the existing setback conditions, the subject property 1 of 4 Resolution 24-06 228 13th Street is considered nonconforming because the primary residential structure does not maintain the required side yard setbacks, rear yard setbacks, and height. D. The Seal Beach Municipal Code (SBMC) Section 11.4.40.015.B (Minor Improvements to Nonconforming Residential Structures) allows minor improvements to nonconforming residential properties through the approval of a Minor Use Permit. E. The applicant is proposing a new 140 square foot loft within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications. Upon completion of the proposed improvements, the nonconformity related to the setbacks or height will not be further expanded or intensified. F. The exterior improvements involve creating two new chimneys and creating a new window opening on the western elevation of the existing structure by removing a portion of an architectural feature. The exterior materials will be consistent and complement the main residential dwelling unit. These alterations 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 11.5.20.020 (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. The General Plan identifies the Old Town Area as Planning Area 1. It encourages architectural diversity among the area while ensuring the compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming structures and permits minor alterations. The proposed addition will not alter existing character or the property, will not further intensify existing setback nonconformities, 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 RHD-20 zone, an area where the SBMC Section 11.4.40.015 (Minor Improvements to Nonconforming Residential Structures) allows nonconforming structures minor improvements including interior modifications and exterior improvements with 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 an attached garage and is considered nonconforming due to setbacks and height. The proposed improvements include a new 140 square foot loft within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications. The proposed construction will maintain development standards applicable to the RHD-20 zone. The improvements will • 2 of 4 Resolution 24-06 228 13th Street not increase density or change beyond the existing use of the property and the proposed will be compliant with the current development standards applicable to the RHD-20 zone. 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 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 upon the foregoing, the Planning Commission hereby approves MUP 24-03 allowing minor improvements to a nonconforming structure, located at 228 13th Street, subject to the following conditions. 1. Minor Use Permit 24-03 is approved for minor improvements to a nonconforming single-family structure, at 228 13th Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 24-03. 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. This MUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 5. All materials, color, and finishes of the wall finish will be consistent with exterior finishes of the existing residential dwelling. 6. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 7. The Planning Commission reserves the right to revoke or modify this MUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. 8. This MUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning 3 of 4 Resolution 24-06 228 13th Street Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 9. The applicant must indemnify, defend, and hold harmless the City, its agents, and employees (collectively "the City" hereinafter in this paragraph) 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 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 July 1, 2024, by the following vote: AYES: Commissioners CAMPBELL,WONG, MINGIONE,WHEELER, COLES NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Rich rd oles Chairperson ATTES lexa Smittle Planning Commission Secretary 4of4