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HomeMy WebLinkAboutPacket_2024_08_05CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 05 August 2024 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Ben Wong District 3 — Richard Coles – Chair District 4 — Patty Campbell District 5 — Margo Wheeler – Vice Chair Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Patricia Garcia, Associate Planner Samuel Funes, Assistant Planner Amy Greyson, Senior Assistant City Attorney •City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed from 12:00 p.m. to 1:00 p.m. for lunch. •The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562) 431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. •Copies of staff reports and/or written materials on each agenda item are available on the City’s website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Commission, although submission of a speaker card is not required in order to address the Commission. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR A.Approval of the July 15, 2024 Planning Commission Minutes. CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS Conditional Use Permit 24-01 13932 Seal Beach Boulevard Applicant: Elmira Shojaei Request: For a Conditional Use Permit (CUP 24-01) to allow the expansion of a Medical Services Clinic in the Service Commercial (SC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-09, APPROVING Conditional Use Permit 24-01 with Conditions and finding the project EXEMPT from the California Enviornmental Quality Act. Minor Use Permit 24-04 and Minor Use Permit 24-05 136 6th Street (MUP 24-04); 138 6th Street (MUP 24-05) Applicant: Jeffrey Dahl, architect, on behalf of the property owner, Thuy Nguyen Request: For Minor Use Permit (MUP) 24-04 and MUP 24-05 to allow a porch to exceed 50 percent of the width of the front façade for a proposed single-family residence while extending into the front setback, for a property located at 136 6th Street (MUP 24-04) and a property at 138 6th Street (MUP 24-05), both located in the Residential High Density 20 (RHD-20) zone. Recommendation: After conducting the Public Hearing, staff recommens that the Planning Commission adopt Resolution No. 24-10, APPROVING Minor Use Permit 24- 04 with Conditions, and adopt Resolution No. 24-11, APPROVING Minor Use Permit 24-05 with Conditions, finding both projects exempt from CEQA. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, August 19, 2024 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:August 5, 2024 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the July 15, 2024 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on July 15, 2024 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. July 15, 2024 Planning Commission Minutes 8 6 2 8 City of Seal Beach – Regular Meeting of the Planning Commission July 15, 2024 Chair Coles called the Planning Commission meeting to order at 7:00 p.m. Commissioner Mingione led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Wong, Wheeler, Coles Absent: None Staff Present: Amy Greyson, Senior Assistant City Attorney Shaun Temple, Planning Manager Samuel Funes, Assistant Planner Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk PUBLIC COMMUNICATIONS Chair Coles opened public communications. Speakers: Ken Seiff, John Janecek. Chair Coles closed public communications. Deputy City Clerk DeCriscio announced that no emailed comments were received after posting the agenda. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re-arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. Motion by Commissioner Campbell, second by Chair Coles to approve the agenda. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the July 1, 2024, Planning Commission Minutes Motion by Vice Chair Wheeler second by Commissioner Wong to approve the consent calendar. 8 6 2 8 AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONTINUED ITEM(S) - None SCHEDULED MATTERS - None NEW BUSINESS – None PUBLIC HEARINGS Minor Use Permit 24-02 456 Pacific Coast Highway Applicant: Steve Holguin Request: For a Minor Use Permit (MUP 24-02) to authorize a Take-Out Restaurant at 456 Pacific Coast Highway which is in the General Commercial (GC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-08, APPROVING Minor Use Permit 24-02 with Conditions and find the project exempt from CEQA. Assistant Planner Funes provided a comprehensive staff report. Commissioners’ questions were addressed. Chair Coles opened the public hearing. Speakers: Applicant, Sulema Holguin. Chair Coles closed the public hearing. A dialogue ensued between Commissioner Wong and the applicant, Sulema Holguin, regarding potential seating at the restaurant. Commissioner Campbell moved, second by Commissioner Wong, to adopt Resolution No. 24-08, APPROVING Minor Use Permit 24-02 with Conditions and find the project exempt from CEQA. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried Senior Assistant City Attorney Greyson noted that there is a ten-day appeal period that starts July 16, 2024. 8 6 2 8 DIRECTOR’S REPORT Planning Manager Temple reported that the Zone Text Amendment item, which was approved by the Planning Commission on July 1, 2024, will be on the City Council agenda on July 22, 2024. COMMISSION CONCERNS Commissioner Wong inquired on whether there will be additional public comment periods regarding the Haynes Generating Station Recycled Water Pipeline Project (Project). Planning Manager Temple confirmed that the Environmental Quality Control Board (EQCB) and Seal Beach Public Works Department will be making further comments on the Draft Environmental Impact Report (DEIR). Senior Assistant Attorney Greyson clarified that any further action regarding the Project would be put before the City Council, not the Planning Commission. Chair Coles noted that a DEIR is the first step in the engineering process and believed there will be several more opportunities to submit comments to Long Beach regarding the Project. Vice Chair Wheeler suggested adding the members of the Planning Commission to an email distribution list for comments regarding the Project. ADJOURNMENT Chair Coles adjourned the Planning Commission meeting at 7:27 p.m. to Monday, August 5, 2024, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Richard Coles, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 1 8 6 6 PLANNING COMMISSION STAFF REPORT DATE:August 5, 2024 TO:Planning Commission THRU:Alexa Smittle, Director of Community Development FROM:Samuel Funes, Assistant Planner SUBJECT:Request for a Conditional Use Permit (CUP) 24-01 to allow the expansion of a Medical Services Clinic in the Service Commercial (SC) zone. LOCATION:13932 Seal Beach Boulevard APPLICANT:Elmira Shojaei RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-09, APPROVING Conditional Use Permit 24-01 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. GENERAL PLAN DESIGNATION: COMMERCIAL - SERVICE ZONE:SC (SERVICE COMMERCIAL) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 095-641-55 LOT AREA: 149,533 SQ. FT. BUILDING/SUITE FLOOR AREA: 1,300 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY-PLANNED DEVELOPMENT (RHD-PD) SOUTH: GENERAL COMMERCIAL (GC) EAST: MILITARY (MIL) WEST: RESIDENTIAL HIGH DENSITY-PLANNED DEVELOPMENT (RHD-PD) 1 8 6 6 ENVIRONMENTAL ASSESSMENT 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 the operation of a medical services clinic use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July 25, 2024, and mailed to property owners and occupants within a 500’ radius of the subject property on July 22, 2024, with affidavits of publishing and mailing on file. ANALYSIS Elmira Shojaei, (“the applicant”) is requesting approval for the expansion of an existing 4,400 square foot medical services clinic, located at 13930 Seal Beach Boulevard to include the neighboring 1,300 square foot commercial suite at 13932 Seal Beach Boulevard. The subject site is located north of Westminster Avenue and is developed with one single-story commercial building that is part of a multi-parcel commercial center known as Seal Beach Village. The subject site is adjacent to residential uses to the north and west at Leisure World, by the Naval Weapons Station to the east across Seal Beach Boulevard, and by commercial uses to the south. The vacant suite located at 13932 Seal Beach Boulevard was previously occupied by H&R Block Inc. for more than a decade. The applicant will perform minor interior tenant improvements consisting of new partition walls, mechanical, electrical, and plumbing construction to create 5 additional examination rooms, a flow station, and an additional restroom for patients. No structural alterations will occur to the exterior of the commercial structure. Additionally, no branding or exterior commercial activity sign alterations have been proposed for this project. According to the Seal Beach Municipal Code (SBMC) Table 11.2.10.010 (Use Regulations – Commercial and Mixed-Use Districts), clinics are allowed with approval of a conditional use permit. In the Code, a clinic is classified as a facility other than a hospital where medical, dental, mental health, surgical and other personal health care services are provided on an outpatient basis, and that accommodates multiple licensed primary medical practitioners (i.e., doctors) and specialties, or 4 or more primary practitioners in a single specialty. Counseling services by other than medical doctors or psychiatrists are instead included under “Offices.” The medical clinic use distinguishes itself from the medical office use based on the number of primary practitioners. Since the clinic will have up to 5 medical providers working out of this facility, and as there is a proposed expansion of the existing use, a conditional use permit is required. The medical services clinic will offer out-patient treatment services only. The proposed hours of operation are Monday through Friday from 8:00 A.M. – 5:00 P.M. and closed Saturday and Sunday. All new and expansion of commercial uses are required to meet the minimum vehicle off-street parking spaces standards established by the SBMC Table 11.4.20.015.A.1 (Required Parking). Clinics are required to provide one space for every 250 square feet of gross floor area. The proposed expansion suite measures 1,300 square feet and requires an additional 5 parking 1 8 6 6 spaces. When accounting for existing, proposed, and vacant commercial suites, the SBMC requires 332 off-street parking spaces for the Seal Beach Village shopping center, which contains 374 parking spaces, which is 42 spaces in surplus. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed expansion of a medical services clinic provides additional services that are consistent with the existing land uses. Seal Beach residents will reap the benefits of a medical services clinic with the ability to see more patients and operate with greater efficiency. Additionally, a greater percentage of the businesses at Seal Beach Village target and provide services routinely sought out by Seal Beach residents living immediately adjacent in the Leisure World community. As conditioned, the proposed use will allow for expanded services of an existing facility, which has proven to be compatible with the surrounding uses, while providing sufficient parking for all uses. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 24-09 approving CUP 24-01 to allow the expansion of a medical services clinic into an adjacent vacant 1,300 square-foot suite located in the SC zone at 13932 Seal Beach Boulevard, and to find the project exempt from CEQA as a Class 1 exemption. Samuel Funes Alexa Smittle Samuel Funes Alexa Smittle Assistant Planner Director of Community Development Prepared by: Samuel Funes Attachments: 1. Vicinity Map 2. Aerial Map 3. Resolution No. 24-09 4. Project plans 5. Photos 1 of 4 RESOLUTION NO. 24-09 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 24-01 TO ALLOW THE EXPANSION OF A MEDICAL SERVICES CLINIC INTO A 1,300 SQUARE FOOT SUITE LOCATED AT 13932 SEAL BEACH BOULEVARD IN THE SERVICE COMMERCIAL (SC) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Elmira Shojaei submitted an application to the City of Seal Beach Department of Community Development for a Conditional Use Permit (CUP) 24-01 for the permitting of an expansion to a medical services clinic into a 1,300-square-foot vacant suite. The medical clinic currently operates at 13930 Seal Beach Boulevard and will expand into 13932 Seal Beach Boulevard. 13932 Seal Beach Boulevard (the “subject property”) is located in the Service Commercial (SC) 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 the permitting of the medical services clinic use within an existing commercial building where only minor modifications are required for the renovation of the business. Section 3. A duly noticed public hearing was held before the Planning Commission on August 5, 2024, to consider the application for CUP 24-01. 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 subject site is within an existing commercial center located on the west side of Seal Beach Boulevard and north of the intersection at Westminster Avenue. The parcel is developed with one single-story commercial building that is part of a multi-parcel commercial center known as Seal Beach Village. The subject property has a 1,300 square foot vacant tenant space. The subject property is located in the Service Commercial (SC) zone and is adjacent to residential uses to the north and west at Leisure World, by the Naval Weapons Station to the east across Seal Beach Boulevard, and by commercial uses to the south. B. The proposed use requires the approval of a Conditional Use Permit to allow the operation of a medical services clinic use within Service Commercial (SC) zone. 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 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: 2 of 49 3 2 0 A. The proposed use is consistent with the General Plan because the General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed expansion of a medical services clinic provides additional resources to the community and remains consistent with the existing land uses. As conditioned, the proposed use will allow for expanded services of an existing facility, which has proven to be compatible with the surrounding uses, while providing sufficient parking for all uses. B. The proposed use is allowed within the Service Commercial (SC) zone subject to approval of a Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. The General Plan Land Use Map designates the subject property as Commercial – Service and the Zoning Map designates the area as Service Commercial (SC). C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking and circulation for the proposed medical services clinic and interior alterations. D. The location, size, design, and operating characteristics of the proposed use will continue to be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed medical services clinic expansion complements the existing commercial uses and complies with the height, setback, and parking requirements of the Service Commercial zoning area. Furthermore, the expansion will not disrupt the existing character of the shopping center. The hours of operation shall not change and will remain Monday through Friday, 8:00 A.M. to 5:00 P.M. E. The establishment, maintenance, and operation of the proposed interior alterations and use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed interior alterations will require a minimal period of construction to construct the interior offices and examination rooms and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards outlined in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 24-01 for the operation of a medical services clinic at an existing commercial suite within an existing commercial shopping center, located at 13932 Seal Beach Boulevard, subject to the following conditions. 1. Conditional Use Permit 24-01 is approved for the operation of a medical services clinic at an existing commercial suite within an existing commercial shopping center, at 13932 Seal Beach Boulevard. 2. The hours of operation shall be, Monday through Friday 8 A.M. to 5 P.M. 3. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 3 of 49 3 2 0 4. There shall be no disposal of glass bottles or other trash outside the establishment between the hours of 10:00 P.M. and 7:00 A.M.; and all trash shall be disposed of in closed waste disposal bins. 5. The Planning Commission reserves the right to revoke or modify this CUP in the event of any violation of the approved conditions, any violation of any provision of the Code of the City of Seal Beach, or if there is a substantial change in the mode and character of the use. 6. The applicant will prominently display these Conditions of Approval in a location within the businesses’ customer area that is acceptable to the Community Development Director. 7. This CUP 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. 8. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 9. 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. 10. This CUP 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. 11. 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 August 05, 2024, by the following vote: 4 of 49 3 2 0 AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Richard Coles Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary Legal Notification The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday July 25, 2024 and mailed to property owners and occupants within a 300-foot radius of the subject property on July 25, 2024, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: 9 3 4 1 PLANNING COMMISSION STAFF REPORT DATE:August 5, 2024 TO:Planning Commission THRU:Alexa Smittle, Director of Community Development FROM:Shaun Temple, AICP, Planning Manager SUBJECT:Request for Minor Use Permit (MUP) 24-04 and MUP 24-05 to allow a porch to exceed 50 percent of the width of the front façade for a proposed single-family residence while extending into the front setback, for a property located at 136 6th Street (MUP 24-04) and a property at 138 6th Street (MUP 24-05), both located in the Residential High Density 20 (RHD-20) zone. LOCATION:136 6th Street (MUP 24-04); 138 6th Street (MUP 24-05) APPLICANT:Jeffrey Dahl, architect, on behalf of the property owner, Thuy Nguyen. RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-10, APPROVING Minor Use Permit 24-04 with Conditions, and adopt Resolution No. 24-11, APPROVING Minor Use Permit 24-05 with Conditions, finding both projects exempt from CEQA GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY-20) SITE DESCRIPTION:136 6th Steet (MUP 24-04) ASSESSOR’S PARCEL NUMBER: 199-032-36 LOT AREA (SF): 2,937.5 SQ. FT. GROSS FLOOR AREA: 2,813 SQ. FT. 138 6th Steet (MUP 24-05) ASSESSOR’S PARCEL NUMBER: 199-032-37 LOT AREA (SF): 2,937.5 SQ. FT. GROSS FLOOR AREA: 2,813 SQ. FT. 9 3 4 1 SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-20) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-20) EAST: RESIDENTIAL HIGH DENSITY (RHD-20) WEST: RESIDENTIAL HIGH DENSITY (RHD-20) ENVIRONMENTAL ASSESSMENT Both projects are 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.) as each proposal is part of a project to construct a new single-family residence. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July 25, 2024, and mailed to property owners and occupants within a 300’ radius of the subject property on July 22, 2024, with affidavits of publishing and mailing on file. ANALYSIS The project site is located in Old Town at 138 6th Street and was originally a 5,875 square foot property (50 foot wide by 117.5 foot deep), made up of two lots (lot 36 and 38), developed with a single-family residence constructed in 1948. The applicant is proposing the demolition of the single-family residence, and to revert the property back to its two original lots, each lot being a separate property at 25 feet wide by 117.5 foot deep, which is a standard residential property size within Old Town. A new single-family residence is proposed on each new property. The reversion of the larger property back to its two original lots is an administrative action that is reviewed and approved by the City Engineer, and does not require approval by the Planning Commission. Similarly, the proposed single-family residences, one on each property, are reviewed and approved administratively by the Community Development Department, and do not require approval by the Planning Commission. However, the applicant is requesting approval for a porch to exceed 50 percent of the width of the front façade while extending into the front setback on each of the proposed single-family residences. Seal Beach Municipal Code (SBMC) Section 11.2.05.015.K (Residential District Development Standards – Porches) allows porches to extend into the front setback up to 6 feet if all of the following standards are met: 1. The porch is open on 2 or more sides; 2. The porch enclosure, including roof, parapets, and railings, does not exceed 14 feet in height; 3. The porch does not exceed 50% of the front building width measured at the front façade. Greater width may be approved pursuant to a minor use permit; and 4. Stairs leading up to a porch, which are less than 2 feet above grade, may project an additional 4 feet into the required front yard setback. 9 3 4 1 Per standard 3 above, a minor use permit is required as the porch is proposed to exceed 50% of the front building width, being the equivalent width (100%) of the front façade at 17’6”. The remaining standards have been met - the porch is open on two sides (front and south); the porch enclosure (roof), at 13’3”, does not exceed 14 feet in height; and there are no stairs extending in front of the porch. The subject sites are surrounded by other residential 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. One of the older homes on this block has a porch of equal width to the front façade at 143 6th Street, while one block over on 5th Street, four houses have a front porches of equal width to the front façade that also extend into the front setback at 204, 206, 208, and 210 5th Street. Additionally, the width of the lots are the minimum width within lots in Old Town, at 25 feet, and the total size of the porch is limited to 17.5 feet. Considering the small width of the lots, the existence of other full-size porches in the neighborhood, and the mix of residential uses and architectural styles, it is not expected that the approval of a full-size porch extending into the front setback for these proposed houses would have a negative impact in the neighborhood. All other development standards of the RHD-20 zone have been reviewed and confirmed to meet requirements. The height of each residence is 25 feet, the side yard setbacks are 3 feet, and the rear of each property maintains a distance from the garage to the opposite side of the alley of 24 feet. Two covered parking spaces are being provided in each garage. These two projects are being presented together due to their relation and similarity; however, each project needs to be approved through a separate resolution. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission take the following actions: 1. Adopt attached Resolution No. 24-10 approving the request 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 in the RHD-20 Zone at 136 6th Street, finding the project exempt from CEQA pursuant to a Class 3 (New Construction of Small Structures) Exemption; and 2. Adopt Resolution No. 24-11 approving the request 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 in the RHD-20 Zone at 138 6th Street, finding the project exempt from CEQA pursuant to a Class 3 (New Construction of Small Structures) Exemption. Shaun Temple Alexa Smittle Shaun Temple, AICP Alexa Smittle Planning Manager Director of Community Development Prepared by: Shaun Temple Attachments: 9 3 4 1 1. Vicinity Map 2. Aerial Map 3. Photos 4. Resolution No. 24-10 5. Resolution No. 24-11 6. 136 6th Street Project Plans 7. 138 6th Street Project Plans VICINITY MAP: AERIAL MAP: PHOTOS Subject Property, 138 6th Street – Existing Conditions 143 6th Street – Across the Street house with a full porch Full Porch Examples at 204, 206, 208, and 210 5th Street 1 of 4 RESOLUTION NO. 24-10 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 24-04 TO ALLOW A PORCH TO EXCEED 50 PERCENT OF THE WIDTH OF THE FRONT FAÇADE OF PROPOSED SINGLE-FAMILY RESIDENCE WHILE EXTENDING INTO THE FRONT SETBACK, ON A PROPERTY LOCATED AT 136 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) 24-04 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 136 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 24-04. 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 24-04 for a proposed project at 136 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. Resolution 24-10 136 6th Street 2 of 49 2 3 6 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- Resolution 24-10 136 6th Street 3 of 49 2 3 6 D. family residences. The proposal is part of a project for a new single-family residence, which will be consistent with the surrounding development. A. 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 24-04 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 136 6th Street, subject to the following conditions. 1. Minor Use Permit 24-04 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 136 6h Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 24-04. 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 Resolution 24-10 136 6th Street 4 of 49 2 3 6 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 NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Richard Coles Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary 1 of 4 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 FAÇADE 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. Resolution 24-11 138 6th Street 2 of 49 2 3 6 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- Resolution 24-11 138 6th Street 3 of 49 2 3 6 D. family residences. The proposal is part of a project for a new single-family residence, which will be consistent with the surrounding development. A. 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 Resolution 24-11 138 6th Street 4 of 49 2 3 6 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 NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Richard Coles Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary