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Home My WebLink AboutPC Res 24-11 - 2024-08-05 RESOLUTION NO. 24-11 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 24-05 TO ALLOW A PORCH TO EXCEED 50 PERCENT OF THE WIDTH OF THE FRONT FACADE OF PROPOSED SINGLE-FAMILY RESIDENCE WHILE EXTENDING INTO THE FRONT SETBACK, ON A PROPERTY LOCATED AT 138 6TH STREET IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1 . Jeffrey Dahl submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 24-05 on behalf of the property owner, to allow a porch to exceed 50 percent of the width of the front façade of a proposed single-family residence while extending into the front setback on property located at 138 6th Street (the "subject property"), which is located in Residential High Density (RHD-20) Zone. Section 2. This project is determined to be a Class 3 (New Construction of Structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) as the proposal is part of a project to construct a new single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on August 5, 2024, to consider the application for MUP 24-05. 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 24-05 for a proposed project at 138 6th Street. B. The subject property is a rectangular shaped lot with an area of approximately 2,937.5 square feet located on the east side of 6th Street between Ocean Avenue and Central Avenue in the Old Town area. The property is 25 feet wide by 117.5 feet in depth. The site is surrounded by residential uses on all sides. C. The subject site is developed with an existing single-family residence, which is proposed for demolition as part of this project. 1 of 4 Resolution 24-11 138 6th Street D. The applicant is proposing a porch, as part of a proposed single- family residence, which will exceed 50 percent of the width of the front façade while extending into the front setback E. The Seal Beach Municipal Code (SBMC) Section 11.2.05.015.K (Residential District Development Standards - Porches) allows porches to exceed 50 percent of the front building width measured at the front façade through approval of a Minor Use Permit. F. The proposed single-family residence meets all other required development standards required by SBMC Section 11.2.05.015 (Residential District Development Standards). 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 porch is 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. On this block of 6th Street, there is a wide variety of residential uses in terms of a mix of single-family and multi-family, architectural styles, and age of the structures. Two of the older homes on this block have a porch of equal width to the front façade at 128 6th Street and 143 6th Street, while on the next block over on 5th Street, four houses in a row have a front porch of equal width to the front façade that also extend into the front setback at 204, 206, 208, and 210 5th Street. Accordingly, this project will provide architectural diversity while being compatible with the surrounding neighborhood. 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, which is intended for residential use, and the proposal is part of a project for a new single-family residence. All development standards required by SBMC Section 11.2.05.015 (Residential District Development Standards) have been met. 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 25 feet wide by 117.5 feet deep, which is a standard size residential lot in the Old Town area. The proposal has been reviewed and the proposed residence will meet all standards related to setback, height, and parking. 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- 2of4 Resolution 24-11 138 6th Street family residences. The proposal is part of a project for a new single-family residence, which will be consistent with the surrounding development. 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 24-05 allowing the porch to exceed 50 percent of the width of the front façade of a proposed single-family residence while extending into the front setback at 138 6th Street, subject to the following conditions. 1. Minor Use Permit 24-05 is approved for the porch to extend 6 feet into the front setback at a width equal of the front façade of the single-family residence, at 138 6h Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 24-05. 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 porch will be consistent with exterior finishes of the 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 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 3 of 4 Resolution 24-11 138 6th Street 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 August 5, 2024, by the following vote: AYES: Commissioners WONG, WHEELER, MINGIONE, CAMPBELL, COLES NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 1�. Richard Coles Chairperson ATTEST: • lexa Smittle Planning Commission Secretary 4of4