The URL can be used to link to this page

Home My WebLink AboutPC Res 15-02 - 2015-01-20RESOLUTION 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 NONCONCONFORMING 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 5`h 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 3- Resolution 15-2 Minor Use Permit 14 -4 126 a 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 3- Resolution 15-2 Minor Use Permit 14 -4 126 a 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 6�rGr. S oo.x. Chairperson T EST: Planning Commission Fm Bash m Planning Commission Secretary -3 of 3-