Loading...
HomeMy WebLinkAboutPC Res 25-02 - 2025-04-07 RESOLUTION NO. 25-02 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 25-0004 TO ALLOW A GARAGE WITHIN 30 FEET OF A FRONT OR STREET-FACING SIDE LOT LINE TO EXCEED 20 FEET IN WIDTH, LOCATED AT 417 EMERALD PLACE IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Jeffery Benson submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 25-0004 to permit a garage within 30 feet of a front lot line to exceed 20 feet in width at 417 Emerald Place (the "subject property"), which is located in Residential Low Density (RLD-9) Zone. 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 a project that is associated with the new construction of a single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on April 7, 2024, to consider the application for MUP-25-0004. 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 25-0004 for a proposed project at 417 Emerald Place. B. The subject property is an irregular pie-shaped lot with an area of approximately 9,379 square feet located on the north side of Emerald Place between Jade Cove Way and Beryl Cove Way. The site is surrounded by residential uses on all sides. C. The subject site is currently developed with a single-story single- family dwelling with an attached garage. D. The applicant is proposing to demolish the existing single-family dwelling and construct a new 3,576 square foot two-story single family dwelling unit with an attached 678 square foot garage, 483 square foot deck area, and pool. E. The Seal Beach Municipal Code (SBMC) Section 11.2.05.015.N.2 (Maximum Width of Garages and Carports) allows a garage to exceed 20 feet in width, within 30 feet of the front lot line through the approval of a Minor Use Permit. 1 of 4 Resolution 25-02 417 Emerald Place F. The applicant proposes a 678 square foot garage consisting of a 2- car garage and a single golf cart garage. The proposed garage width is 31 feet. 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 garage is consistent with the General Plan. The General Plan identifies the area as Marina Hill in the Planning Area 2. It encourages architectural compatibility between replacement homes and the surrounding neighborhood. The proposed attached garage would not disrupt the character of the neighborhood. The garage facade incorporates offset wall planes that reduce the visual mass of the garage. 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 RLD-9 zone, an area where the SBMC Section 11.2.05.015.N.2 (Maximum Width of Garages and Carports) allows a garage to exceed 20 feet in width, within 30 feet of the front lot line through review and approval by the Planning Commission 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. The proposed development will be consistent with the applicable development standards of the RHD-9 zone, as the use will not be changing. 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 RLD-9 zone, which consists of properties developed as single-family residences. The proposed project will not change the existing operating characteristics of the single-family residence and will remain similar to surrounding uses throughout RLD-9 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-25-0004 allowing minor improvements to a nonconforming structure, located at 417 Emeral Place, subject to the following conditions. 1. Minor Use Permit 25-0004 is approved for 31-foot-wide garage located within 30 feet of the front lot line, at 417 Emerald Place. • 2 of 4 Resolution 25-02 417 Emerald Place 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 25-0004. 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. 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. 6. 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. 7. 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. 8. 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 April 7, 2025, by the following vote: • 3 of 4 Resolution 25-02 417 Emerald Place AYES: Commissioners CAMPBELL, WHEELER, COLES, MINGIONE, NOLTA NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Margo Wheeler Chairperson ATTEST: Alexa Smittle ,Shaun Temele Planning Commission Secretary 4 of