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HomeMy WebLinkAboutPC AG PKT 2014-11-17 #2 PLANNING COMMISSION ITEM NUMBER r STAFF REPORT 2 '�:ql/FORN�P TO: Planning Commission FROM: Director of Community Development MEETING DATE: November 17, 2014 SUBJECT: NEW BUSINESS REQUEST FOR MINOR USE PERMIT (MUP 14-1) TO PERMIT AN INTERIOR REMODEL OF LESS THAN 25% WITHIN A NONCONFORMING STRUCTURE LOCATION: 313 Central Avenue APPLICANT: NATALIE MURPHY RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 14-_8, APPROVING Minor Use Permit 14-1 with Conditions. Planning Commission Staff Report Minor Use Permit 14-1 313 Central Avenue November 17, 2014 GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY — 20) SITE DESCRIPTION: Assessor's Parcel Number: 199-021-21 Lot Area: 3,872 sq. ft. Surrounding Properties: North- Residential South-Residential East- Residential West: Residential ENVIRONMENTAL ASSESSMENT: This project is determined to be a Class 1 (Existing Facilities) 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 interior alterations involving interior partitions, plumbing and electrical conveyances. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on November 6, 2014 and mailed to property owners and occupants within a 300' radius of the subject property on November 6, 2014, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: CI I of cal Beach - 1 y rte(_✓ - - � i !4 Yr hl Ix Planning Commission Staff Report Minor Use Permit 14-1 313 Central Avenue November 17, 2014 ANALYSIS The subject site is a 3,872 sq. ft. parcel located on the north side of Central Avenue west of Fourth Street. The parcel is developed with two residential units, one single story residence located toward the front of the property and one residential unit located above the one-car garage at the rear of the property. The subject site is surrounded by residential uses to the north, south, east and west. County records indicate the subject site was originally developed in 1947. City records for the property begin in 1967 and show the subject was already developed with two residential units. The subject site is currently considered to be nonconforming due to density and parking because the property exceeds the current density permitted and does not meet current parking requirements. The current Zoning Code requires 2,178 sq. ft. of land area for every residential unit on a property, which would require a lot size of 4,356 sq. ft. to accommodate two units. The subject site is 3,872 sq. ft. and is therefore considered to be nonconforming due to density. The Seal Beach Municipal Code (SC §11.4. 0.010. ) permits nonconforming structures to be used, occupied, and maintained in their current size and configuration. The applicant is proposing an interior remodel within the primary residence, the one story residence located at the front of the property, facing Central Avenue. The residence consists of a living room, dining room, kitchen, three bedrooms, and one restroom. The applicant is proposing to remodel a hallway closet and a portion of the kitchen to create a new full bathroom in the center of the residence. The proposed remodel will not add new habitable space to the residence and will involve the remodeling of less than 25% of the structures interior walls. The Seal each Municipal Code (SBMC §11 .4.40.015.B.7) requires approval of a Minor Use Permit for interior wall modifications and remodeling which involves removal of or structural alteration to less than 25% of the structure's interior walls. The S specifies that these interior wall modifications may increase the number of bathrooms provided the number of bathrooms does not exceed the ratio of one bathroom for each bedroom plus an additional half bathroom. The code further states that the number of bedrooms may not be increased if the subject property is nonconforming due to density or parking. The proposed remodel lies within the parameters set by S 11.4.40.015.B.7 because it involves the modification of less than 25°x® of the interior walls within the residence and does not increase the number of bedrooms within the residence. The proposed remodel does not add new square footage to the residence, as the request is to create a second bathroom within the existing residence. The applicant is also the property owner and will continue to occupy the primary residence. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that -the Planning Commission adopt the attached Resolution No. 14-8 approving MUP 14-1 to permit an interior remodel of less than 25% within a nonconforming structure. Planning Commission Staff Report Minor Use Permit 14-1 313 Central Avenue November 17, 2014 Prepared by: �" tal L a Jim sham Senior Plan er—Community Development Dire or of Co munity Development Attachments: 1. Resolution No. 14-8 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 14-1, to permit an interior remodel of less than 25% within a nonconforming structure. 2. Project Architectural Plans ATTACHMENT 1 RESOLUTION . 14-8 A RESOLUTIO THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 1 -1 TO PERMIT AN INTERIOR REMODEL OF LESS THAN 25% WITHIN A O CO CO FORMI G STRUCTURE LOCATED AT 313 CENTRAL AV IN THE RHD-20 ZONE RESOLUTION O. 14-8 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 14-1 TO PERMIT AN INTERIOR REMODEL OF LESS THAN 25% WITHIN A NONCONCON FO I G STRUCTURE LOCATED AT 313 CENTRAL AVENUE IN THE RHD-20 ZONE THE PLANNING COMMISSION F THE CITY OF SEAL BEACH DOES HEREBY FIND RESOLVE AS FOLLOWS: Section 1. Property owner Natalie Murphy ("the applicant'), submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit ( UP) 14-1 to permit an interior remodel of less than 25% within a nonconforming structure located at 313 Central Avenue within the RHD-20 (Residential High Density — 20) zone. Section 2. Pursuant to Section 21000 et seq. of the State of California Public Resources Code and Section 15301 of the State Guidelines for the California Environmental Quality Act (C ), this project is determined to be a Class 1 (Existing Facilities) Categorical Exemption for the permitting of interior alterations involving interior partitions, plumbing and electrical conveyances. Section 3. A duly noticed meeting was held before the Planning Commission on November 17, 2014 to consider the application for MUP 14-1. At this meeting, 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 consists of a 3,872s . ft. parcel developed with two residential units and one garage. The building is located on the north side of Central Avenue, west of Fourth Street. The building is surrounded by residential uses on all sides. The subject property is located in the RHD-20 (Residential High Density— 20) zone. B. The subject site is considered to be nonconforming due to density and parking. County records indicate the subject site was originally developed in 1947. City records begin in 1967 and recognize that the property was developed with two residential units. The subject site is provided with a one car garage. C. The applicant proposed an interior remodel to convert approximately 18.5 s . ft. of existing floor space, from a closet and part of the kitchen, into a second bathroom for the residence. The existing single family residence consists of a living room, dining room, kitchen, three bedrooms, and one bathroom. No additional habitable space will be added to the residence. 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 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 'fhe General Plan Land Use Map designates the subject property as Residential High Density. The subject site is consistent with the residential designation for the area. Even though the existing density on the property exceeds the current density for Planning Area 1, the Land Use Element of the General Plan recognizes that there are existing land uses with inconsistencies associated with intensity -1 of q- Resolution 14-8 313 Central Avenue and density. The General Plan also notes that the continuation and alterations to existing non-conforming land uses is permitted and governed by the Seal Beach Municipal Code. B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code. The subject site is located within the RHD-20 zone and is classified as nonconforming due to density and parking. The Seal Beach Municipal Code (SBMC §1 1.4.40.015.B.7) allows interior wall modifications to less than 25% of the structure's interior walls subject to approval of a Minor Use Permit. The S specifies that the wall modifications may increase the number of bathrooms provided that the number does not exceed a ratio of one bath for each bedroom plus an additional half bath and the number of bedrooms shall not be increased. Fhe proposed interior alterations will convert an existing closet and portion of the kitchen into a bathroom, for a total of two bathrooms in the three bedroom residence. The remodel will not increase the number of bedrooms or add new habitable space to the residence. 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 two residential units and the proposed interior remodel will not add additional habitable space or increase the number of bedrooms within the residence. The subject site will continue to be utilized as a residence and there will not be any changes made to the residence. 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 in the RHD-20 zone, which consists of properties developed with a mix of single family residences and multi-unit residences. The subject site has and will continue to operate as a residence, which is consistent with the uses in the surrounding neighborhood. The proposed interior remodel will consist of remodeling an existing closet and a portion of the existing kitchen to create a second bathroom to serve the residence. 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 proposed interior remodel involves converting approximately 18.5 sq. ft. of an existing closet and portion of the kitchen into a second bathroom for the three bedroom residence. The proposed remodel will involve less 25% of the interior walls and will not increase the number of bedrooms or add new habitable space to the residence. The subject site will continue to operate 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 14-1 to permit an interior alteration of less than 25% within a nonconforming structure- 1. Minor Use Permit 14-1 is approved to permit an interior alteration of less than 25% within a nonconforming structure. The interior remodel involves converting approximately 18.5 sq. ft. of an existing closet and portion of the kitchen into a second bathroom for the residence. 2. The applicant must obtain all necessary Building Permits, including plumbing and electrical, for the interior remodel. 3. 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 of q_ Resolution 14-8 313 Central Avenue to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 4. A modification of this MUP must be applied for when: a. The applicant proposes to modify any of its current Conditions of Approval, b. There is a substantial change in the proposed interior remodel that is not consistent with the plans date stamped September 17, 2014. 5. The Planning Commission reserves the right to revoke or modify this MUP if any violation of the approved conditions occurs, or any violation of the Code of the City of Seal Beach occurs. 6. 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 written request for extension submitted to the Community Development Department a minimum of ninety days prior to such expiration date. 7. The applicant shall indemnify, defend and hold harmless 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 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 November 17, 2014, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt ATTEST: Chairperson Jim Basharn Planning Commission Secretary ATTACHMENT 2 Site Plan and Floor Plan Existing and Proposed bt 'm r _. � n � ova z =ti L�'�� •�a W zo Q J �g � 3 � a 8 Z °off � � `e cf L p 9 a 1 f 5 8e 9 Z © Ittl ,g1 ;+ M 1 $, 9ii I 1in ri91 � 116, iDI;�e1i ; It { 11 z z 3 �„cJ�+ • R w A 1 I a�§�4 e � f i e �6 { 1 S: Fl 11�= t�I u m I 9 $ � ; rr{•� -- w ..�.c gv :a a a F't il��e �I �Fi�i aiy9� �� j �j� Qi�: f ��33�a3 W Ii,� l i6E��.I.jjIrt 1'+�!;+itt1i•''idIl1�i 1 i�•�1 a�i,g+2t0i�lIeirFi+f eei,t!O.iil 6l�'este1111,i3?` Di9 i ' � 4 •xis sr f�g!i=3 e 1 �0 j flife •F�- ° S is H - - `-i"- 30 �'a8 i; 103 'I i � N, g 9 1 t '- jl f �It) 1�� gl jS as"k as �t E 9y fill i4'9 a § § 1 i A Ig F 44: al j, 1§4g :i �� � F { �'� j- >!� a �fi 5ey� � lilt ".'R, �a� IAA., {ite� �j2 �t! 1�1-S0y !i€ 9f[lilt Z a 4 i s Itii g iQ x "gt11 it i 1= 1. +g3+ ! jt i� �'ti.=tg 1' #g M t I` i�y g(� grt 4 ii8'{ d pl(�LC4 ! � t �� r .i y �� E'. j-.-�-�-+ P�-� S 51 $� le 1 1 = a 8�•4 �I105 - x`i tc i) is TRWI � j =1' T �a8t ; c �.{�9 d •�t, Y �j ba }t 1 1 } i{r �r� ,p"d `3� Ifz•f(i� f, i !`!i 1'i s 1• k $ � _ 3p 9�f t Q19 yg•Y j i i' tt3 $etsm pt a aeZ• I { t 1{' F -a G i c $_ §jtA4�gt�� � g4 it 11 elte;s gt � z ;t ?E � :{�� � i' �� }Ell"�'�° �t�lltity°ttp 3 0 it-, Ifif HIM 1'81111'111��Ia t�i��IEi���� a�a;�tE�4�it#��lg�'$�� p� t��Q���t3l �;�§alalr ill t �E 8 m m m m I i m &ass a—°o _ o a o o a L- I� CY .1 ov v- f� ' f T i s Y