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Home My WebLink AboutPC Res 15-12 - 2015-06-15 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 "FHE 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. Tod 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 propo sled, 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 o,r 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, add 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 Campbell, Cummings, Sloan, Machen NOES: Commissioners ABSENT: Commissioners Pratt ABSTAIN: Commissioners Chairperson TT ST-. ST. Sieve oan ' m Basham fanning g Commission Secretary Page 4 of 4