Loading...
HomeMy WebLinkAbout2 - MUP 15-2.215 Ocean Avenue PLANNING COMMISSION ' � NUMMBB ER a STAFF REPORT 2 TO: Planning Commission FROM: Director of Community Development MEETING DATE: June 15, 2015 SUBJECT: PUBLIC HEARING REQUEST FOR A MINOR USE PERMIT (MUP 15-2) TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO CONVERT A STORAGE ROOM INTO A NEW BATHROOM ON THE SECOND STORY, REMODEL OF THE MASTER BEDROOM SUITE, AND REMOVAL OF DINING ROOM WALLS IN A RESIDENCE THAT IS NONCONFORMING DUE TO SETBACKS AND IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. LOCATION: 215 Ocean Avenue APPLICANT: Tori Jones RECOMMENDATION: After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No. 15-12, APPROVING Minor Use Permit 15-2 with Conditions. Minor Use Permit 15-2 215 Ocean Avenue GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY)) SITE DESCRIPTION: Assessor's Parcel Number: 199-146-16 Lot Area: 5435 sq. ft. Gross Floor Area: 2518 sq. ft. Surrounding Properties: North: Residential High Density (RLD-20) South:Residential Low Density (RLD-9) East: Residential High Density (RLD-20) West: Residential High Density (RLD-20) 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 the addition of a bathroom and remodel of the master bedroom closet and bathroom at an existing nonconforming property where only minor modifications are required for the renovation: LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on June 4, 2015 and mailed to property owners and occupants within a 300' radius of the subject property on June 4, 2015, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: M City of Sent Beach s� A fly- Paae 2 of 3 ATTACHMENT 1 RESOLUTION NO. 15-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-2 TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO CONVERT A STORAGE ROOM INTO A NEW BATHROOM ON THE SECOND STORY, REMODEL OF THE MASTER BEDROOM SUITE, AND REMOVAL OF DINING ROOM WALLS IN A RESIDENCE THAT IS NONCONFORMING DUE TO SETBACKS AND IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. RESOLUTION NO. 15-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-2 TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO CONVERT A STORAGE ROOM INTO A NEW BATHROOM ON THE SECOND STORY, REMODEL OF THE MASTER BEDROOM SUITE, AND REMOVAL OF DINING ROOM WALLS IN A RESIDENCE THAT IS NONCONFORMING DUE TO SETBACKS AND IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 215 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Tori Jones on behalf of property owner Paul Stephen Masoner ("the applicants") submitted an application to the Community Development Department for Minor Use Permit 15-2. The proposed project includes converting an existing storage room into a new bathroom a bathroom on the second story, remodel of a master bedroom suite, and removal of dining room walls in a residence that is nonconforming due to setbacks and located in the Residential High Density (RHD-20) zoning area. Section 2. 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 a new bathroom and remodel of the existing master bedroom, closet, and bathroom at an existing residence where only minor modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on June 15, 2015 to consider Minor Use Permit 15-2. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. On April 29, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-2 for a proposed project at 215 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 5,435 square feet. The property is approximately 50 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a two story single family residence and a detached two car garage at the rear. Based on the existing setback conditions, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows minor improvements which involve the removal or alteration to less than 25% of a structure's Page 1 of 4 Resolution 15-12 215 Ocean Avenue interior walls, provided the bedroom/bathroom ratio does not exceed one and one half bathrooms for each bedroom. E. The applicant is requesting to modify the existing residence on the nonconforming property through alteration of less than 25% of -the interior walls in order to convert an existing storage room into a new bathroom on the second story, remodel the master bedroom suite, and removal of walls separating the dining room from the living room and kitchen. The subject property is proposed to have three bedrooms and three bathrooms. No new bedrooms will be created and the residence will conform to the provisions of SBMC § 11.4.40.015.B. 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 Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming land uses and permits minor alterations. The proposed alteration of less than 25% of interior walls in order to convert an existing storage room into a new bathroom on the second story, remodel of the master bedroom suite, and removal of dining room walls will not change the character of the property, will not expand any nonconformity, and will be consistent with other surrounding properties. 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 Old Town RHD-20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvement such as alteration of less than 25% of interior walls with approval of 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 one single family residence and is considered nonconforming due to setbacks only. The alteration of less than 25% of interior walls will not add habitable space and will maintain development standards applicable to the RHD-20 zone. The improvement will not increase density or change beyond existing use of property. 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-family residences. The improvement will not add habitable space, will not change existing operating characteristics of the single family residence, and will remain similar to surrounding uses throughout RHD-20. 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 Page 2 of 4 Resolution 15-12 215 Ocean Avenue vicinity. The alteration of less than 25% of interior walls will not increase bedrooms, exceed the bedroom/bathroom ratio authorized under the development standards, or intensify use on 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 on the foregoing, the Planning Commission hereby approves Minor Use Permit 15-2 for alteration of less than 25% of interior walls in order to convert an existing storage room into a new bathroom on the second story, remodel of the master bedroom suite, and removal of dining room walls subject to the following conditions: 1. Minor Use Permit 15-2 is approved for the alteration of less than 25% of interior walls in order to convert an existing storage room into a new bathroom on the second story and a remodel of the master bedroom closet on a nonconforming property located at 215 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 15-2. 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. All materials, color, and finishes of the wall finish and roof pitch adjustment will be consistent with existing roof pitches and exterior finishes of the residential dwelling. 5. The existing attic space must remain as storage space and not be utilized as habitable space. 6. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 7. The applicant shall indemnify, defend and hold harmless the 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 Minor 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. Page 3 of 4 Resolution 15-12 215 Ocean Avenue PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on June 15, 2015, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Sloan Chairperson Jim Basham Planning Commission Secretary Page 4 of 4 ATTACHMENT 2 PROJECT ARCHITECTURAL PLANS -LOG -IV�IS GgiON 77 NEM39 VO 'H��VgG EfAv,Nvg�Do Giz vivl=103roz�u AONaC[13Ez4 NaNOGVW alll NV7,=1 A119 8 SINO I 13C04tEZS ZViOR�.iaNf A in�i.—�x-w m LDBMW B3HIO MY 8�C�Sna�80�SMGndU RE XYA GNV NSMQ Si�INOI �N­Ud 3HI 3bY 3 Sallortw1�0NOISSINUBJ "om.�zai —d SNl fzlf M Li IM ( ' CI ! iR w I Ira gig R 0 a. Ale r uj w x U) LU Ail 2, ul IV 0 I-WHIm - Z ls� < T I I I P 210 uj Lij M-H H H ISH z h __ m x x t� N m z 0 r in 0 -1 0 Q � b [�-`ICIL); ii 11 it a I I I I I j t 1 .. 3•.P I------------I m m II II Q 11 11 II ; II fl 11 ® � a z 1 i C O INTERIOR DE61G IDRAWIN--BT: ERIOR REMODEL I'or. 4 15T FLOOR PLAN THE MA50NER RESIDENCE ly 2ND FLOOR PLAN 215 OCEAN AVE SEAL BEACH, CA 9014¢+ �ori+naipxsekJgnm�n 73€?_i5}$TlR ?p r- 0 r A �I z z Ell .. .. xa•-m}` ..... ... °-i ICI i $x p m 8 3 u' Z 4 ° INTERIOR REMODEL tort aeeiN arzawl+ -6n w IST FLOOR PLAN THE MASONER RESIDENCE T 0 I\ d ONES f 2ND FLOOR PLAN 715 OCEAN AVE ? U) a SEAL BEACH, CA W'14I�J ~ S Ttii(}�kKmA mve taf hlamlioe,11-26 ^� P� � A CS H O -4 r}. _ a 0 ©, . l� 9� b i 0 LtiI y! r I o- INTERIOR REMODEL for: oESwN s aszauuNG BT: �{ ROOF FLAN THE MASONER RE51L3ENCE SECTION 215 OCEAN AVE T R I ON ES 1� F SEAL BEACH, CA W140 � �mw+xµomssksign.mml sc].;)),S9lfl d bL4eLES'29s tuw7vS.�xa:wWwx�xw OEtip,try'w!wrryrot�arvup��wy�ep ti_2 itty Ot'L¢76 VD Fi0'9'39 WAS (^ 8 1 30N3aI8�NN3htC?StT`W Etil IlVA3l3�OIZl�1X3 ,Fy CAB�NLQ r N'11536 °JOJ 1NCIOWAI !!NORS31+tI o $ '------MMI-Rol ----30 NpISSt4MNSd N31.UYM g3SS3bdX3 3Ht 1LYgNt6iM1 3tOwVr NO 2fNd Ni 1g3tONd tt3Hiq ANY aqd g3Stt3d tl0 p--------- 32 EQN hYYI pNY NptS3q S3NOf itl02 40 ALFi3dpSd 3H1 3bY Srvtr'Id 3S3Ht 6 9 A-'a _ KID P q T N f ® , t Boa i. c n +t r e- H d P t <� SS U T ¢n fi i t.• 1 J ---------------- ------------------- ---------- -------------------- ------- d h � j ATTACHMENT 3 SITE PHOTO rt t xX { : l e Nigia +r + x ♦ i Z' x J ,ti , ,,t yid"! a JF '9rMO� � wJ� *�kf � _IIIIIY 7tl 161111111��1111��'\��' �IYV��J�i'i i � Minor Use Permit 15-2 215 Ocean Avenue ANALYSIS: Tori Jones, ("the applicant") filed an application for Minor Use Permit 15-2 requesting approval for the alteration of less than 25% of interior walls to convert an existing storage room into a new bathroom on the second story, remodel the master bedroom suite, and remove dining room walls in a single family residence on a nonconforming property. The subject site is located on the Northwest corner of Ocean Avenue and 3rd Street in the Old Town area. The parcel is developed with a two story single family residence and a detached two car garage. The subject site is located in the RHD-20 zone and is surrounded by residential uses on all sides. The subject property is nonconforming due to the corner side yard and rear yard setbacks. According to Table 11.2.05.015 of the Seal Beach Municipal Code, corner lot properties in the RHD-20 zone are required to maintain a corner side yard setback that is 15%of the lot width and a rear yard setback that is 24 feet minus alley width. The subject property measures approximately 50 feet wide by 110 feet long. Based on these dimensions, the development standard requires a corner side setback of 7 feet 6 inches and a rear setback of 9 feet. The detached garage has a rear setback of 1 foot and the residence has a corner side setback of 6 feet. The applicant is proposing to alter the interior walls in the master bedroom on the first floor of the residence by expanding the existing master bathroom into the adjacent closet space. The existing furnace and water heater closet will be expanded to create a new master bedroom closet. Walls separating the dining room From the kitchen and living room will be removed to allow more flexibility in use of space. On the second floor the existing storage closet will be enclosed to create a third bathroom.To accommodate the new bathroom,the existing wall will be finished and the roof pitch adjusted to comply with California Building Code requirements for minimum ceiling height. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration to less than 25% of a structure's interior walls, provided the bedroom/bathroom ratio does not exceed one and one half bathrooms for each bedroom. The subject property is proposed to have three bedrooms and three bathrooms. No new bedrooms will be created and the residence will conform to the provisions of SBMC § 11.4.40.015.B. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 15-12 approving MUP 15-2 to permit the alteration of less'a 25% of interior walls to convert a storage room into a new bathroom on the-second story and a remodel of the master bedroom closet and bathroom at an existingrnonconforming property at 215 Ocean Avenue. Prepared.by' : ill Chen r T as Community Development Department irector o Community Development Attachments: 1. Resolution No. 15-12—A Resolution of the Planning Commission of the City of Seal Beach,Approving Minor Use Permit 15-2,to allow an alteration of less than 25%of interior walls to convert a storage room into a new bathroom on the second story, a remodel of the master bedroom suite,and removal of dining room walls in a residence that is nonconforming due setbacks and is located'in the Residential High Density(RHD-20)zoning area. 2. Project architectural plans. 3. Site photo. Paae 3 of 3