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Home My WebLink About4 - MUP 14-4 126 5th Street PLANNING COMMISSION ITEM NUMBER STAFF REPORT 4 TO: Planning Commission FROM: Director of Community Development MEETING DATE: JANUARY 20, 2015 SUBJECT: NEW BUSINESS REQUEST FOR MINOR USE PERMIT (MUP 14-4) TO PERMIT AN INTERIOR REMODEL OF LESS THAN 25% WITHIN A NONCONFORMING RESIDENTIAL STRUCTURE LOCATION: 126 5th Street APPLICANT: JEANNETTE ARCHITECTS RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 15-2, APPROVING Minor Use Permit 14-4 with Conditions. Planning Commission Staff Report Minor Use Permit 14-4 126 5°i Street January 20, 2015 GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY — 20) SITE DESCRIPTION: Assessor's Parcel Number: 199-031-25 Lot Area: 2,937.5 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 January 8, 2015 and mailed to property owners and occupants within a 300' radius of the subject property on January 8, 2015, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: c 1tv 0 seal Bea Ch II I Val Y�14� �wy I W 1 V § ,µ 9 r 1171 IL Planning Commission Staff Report Minor Use Permit 14-4 126 5"' Street January 20, 2015 ANALYSIS The subject site is a 2,937.5 square feet parcel located on the east side of 5th Street south of Central Way. 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 two-car garage at the rear of the property. The subject site is surrounded by residential uses to the north, south, east and west. City records indicate the subject site was originally developed in 1949. and was 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. According to Table 11.2.05.015 of the Seal Beach Zoning Code, properties zoned Residential High Density at 20 dwelling units per acre (RHD-20) are allowed one residential unit per every 2,178 sq. ft. of land area, which would require a lot size of 4,356 square feet to accommodate two units. The subject site is 2,937.5 square feet and is therefore considered to be nonconforming due to density. The Seal Beach Municipal Code (SBMC §11.4.40.010.A) permits nonconforming structures to be used, occupied, and maintained in their current size and configuration. The applicant is proposing an interior remodel within the residential unit located at the front of the property, facing 5th Street. The residence consists of one-story living room, dining room, kitchen, two bedrooms, and two bathrooms. The applicant is proposing to remodel one bathroom and the kitchen. 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 Beach 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 SBMC 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 SBMC 11.4.40.015.8.7 because it involves the modification of less than 25% 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 remodel a bathroom and the kitchen within the existing residence. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 15-2 approving MUP 14-4 to permit an interior remodel of less than 25% within a nonconforming structure. Planning Commission Staff Report Minor Use Permit 14-4 126 5"" Street January 20, 2015 Prepared by: Steve Fowler im Basham Assistant Planner—Community Development ireotor of Community Development Attachments: 1. Resolution No. 15- 2 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 14-4, to permit an interior remodel of less than 25% within a nonconforming structure. 2. Project Architectural Plans RESOLUTION NO. 15-2 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 14-4 TO PERMIT AN INTERIOR REMODEL OF LESS THAN 25% WITHIN A NONCONCON FORM ING STRUCTURE LOCATED AT 126 5T" STREET IN THE RHD-20 ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Laura Sanders of Jeannette Architects ("the applicant"), on behalf of the property owner Richard Hollar, submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 14-4 to permit an interior remodel of less than 25% within a nonconforming structure located at 126 5th Street 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 (CEQA), 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 January 20, 2015 to consider the application for MUP 14-4. 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 consists of a 2,937.5 square feet parcel developed with two residential units and one two-car garage. The building is located on the east side of 5th Street, south of Central Way. 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 and City records indicate the subject site was originally developed in 1949. City records recognize that the property was developed with two residential units. The subject site is provided with a two-car garage. C. The applicant proposed an interior remodel to redesign an existing bathroom and kitchen of approximately the same square footage of 220 square feet. The existing single family residence consists of a living room, dining room, kitchen, two bedrooms, and two bathrooms. 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; The General Plan Land Use Map designates the subject property as Residential High Density. The subject site is consistent with the -1 of 4- Resolution 15-2 Minor Use Permit 14-4 126 5rh Street 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 and density. The General Plan also notes that the continuation and alterations to existing nonconforming 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 §11.4.40.015.6.7) allows interior wall modifications to less than 25% of the structure's interior walls subject to approval of a Minor Use Permit. The SBMC 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. The proposed interior alterations will redesign an existing bathroom and kitchen of approximately the same square footage. 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. 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 kitchen and 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 redesigning an existing kitchen and bathroom. The proposed remodel will involve less than 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 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 14-4 to permit an interior alteration of less than 25% within a nonconforming structure: 1. Minor Use Permit 14-4 is approved to permit an interior alteration of less than 25% within a nonconforming structure. The interior remodel involves a redesign of the existing kitchen and a bathroom for the residence. 2. The applicant must obtain all necessary Building Permits, including plumbing and electrical, for the interior remodel. -2 of 4- Resolution 15-2 Minor Use Permit 14-4 126 5rh Street 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 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 October 28, 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 January 20, 2015, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT; Commissioners ABSTAIN: Commissioners Chairperson ATTEST: Planning Commission Jim Basham Planning Commission Secretary -3 of 4- 9I0QU+102p 1�1 16 AE91184uee(F c anuaAL oldwal 60? 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