The URL can be used to link to this page

Home My WebLink About5 - MUP 15-7 (311 8th Street) 9EAt"h ITEM BE PLANNING COMMISSION NUM ER STAFF REPORT 5 TO: Planning Commission FROM: Director of Community Development MEETING DATE: July 6, 2015 SUBJECT: NEW BUSINESS REQUEST FOR A MINOR USE PERMIT (MUP15-7) TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO REMODEL AN EXISTING KITCHEN BY EXTENDING AN EXISTING WALL AND LOWERING A SEPARATE WALL TO CREATE VISIBILITY BETWEEN THE KITCHEN AND LIVING ROOM IN A RESIDENCE THAT IS NONCONFORMING DUE DENSITY AND PARKING. THE RESIDENCE IS LOCATED IN THE RESIDENTIAL HIGH DENSITY(RHD-20)ZONING AREA. LOCATION: 311 8" Street APPLICANT: Richard Talt RECOMMENDATION: After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 15-16, APPROVING Minor Use Permit 15-7 with Conditions. Minor Use Permit'15-7 3118"Street GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: Assessor's Parcel Number: 043-111-12 Lot Area: 2,937.5 sq. ft. Gross Floor Area: 1,956 sq. ft. Surrounding Properties: North: Residential High Density (RHD-20) South.Residential High Density (RHD-20) East: Residential High Density (RHD-20) West: Residential High Density (RHD-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 interior alterations in an existing nonconforming residence 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 25, 2015 and mailed to property owners and occupants within a 300' radius of the subject property on June 25, 2015, with affidavits of publishing and mailing on file. VICINITY MAP- AERIAL MAP: City o Seat Beach 1--M-0 WMEF I All 7,7-1 U Page 2 of 3 Minor Use Permit 15-7 3118'Street ANALYSIS: Richard Tait, ("the applicant") filed an application for Minor Use Permit 15-7 requesting approval for the alteration of less than 25% of interior walls to remodel an existing kitchen by extending an existing wall and lowering a separate wall to create visibility between the kitchen and living room in a single family residence on a nonconforming property. The subject site is located on the west side of 8th Street between Electric Avenue,and Pacific Coast Highway in the Old Town area. The parcel is developed with a one story single family residence and a second unit above a detached 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 density and parking. According to Table 11.4.20.015.A.1 of the Seal Beach Municipal Code states, Single-Unit Dwellings in the RHD-20 zone are required to provide 2 off-street parking spaces per dwelling unit.The site contains two dwelling units and is required to have 4 garage parking spaces but only contains one two-car garage. Table 11.2.05.015 of the Seal Beach Municipal Code states, properties zoned RHD-20 are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property is a 2,937.5 sq.ft. parcel with two dwelling units. Based on development standards for RHD-20,this property exceeds allowed density by One dwelling unit. The subject property is considered nonconforming due to parking and d:ensity. The applicant is proposing to alter the interior walls in the kitchen by lowering an existing wall that limits visibility from the kitchen into the dining room and living room; while also extending a separate wall to create a laundry area. The existing layout of the kitchen will be reconfigured and the existing water heater will be removed. A new tankless water heater will be installed on the exterior wall at the rear of the residence. The Seal Beach Municipal Code (SSMC § 11.4.40.015.13) 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 two bedrooms and one bathroom. No new habitable space or bedrooms will be created and the residence will conform to the provisions of SBMC § 11.4.40.015.6. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 15-16 approving MUP 15-7 to permit the alteration of less than 25%of interior walls to remodel an existing kitchen by extending an existing wall and lowering a separate wall to create visibility between the kitchen and living room in a single family residence at an existing nonconforming property at 311 8" Street. Prepared by: Steve Fowler Jim 134' harp Community Development Department Diredor.of ContnUnity Development Attachments: 1. Resolution No. 15-16 — A Resolution of the Planning Commission of the City of,Seal Beach, Approving Minor Use Permit 15-7, to allow an alteration of less than 25%of interior walls to remodel an existing kitchen by extending an existing wall and lowering a separate wall to create visibility between the kitchen and living room in a residence that is nonconforming due to density and parking located in the Residential High Density(RHD-20)zoning area. 2. Project plans. 3. Site photo. Paae 3 of 3 ATTACHMENT 1 RESOLUTION NO. 15-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-7 TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO REMODEL AN EXISTING KITCHEN BY EXTENDING AN EXISTING WALL AND LOWERING A SEPARATE WALL TO CREATE VISIBILITY BETWEEN THE KITCHEN AND LIVING ROOM IN A RESIDENCE THAT IS NONCONFORMING DUE DENSITY AND PARKING. THE RESIDENCE IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 311 8TH STREET RESOLUTION NO. 15-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-7 TO ALLOW AN ALTERATION OF LESS 'THAN 25% OF INTERIOR WALLS TO REMODEL AN EXISTING KITCHEN BY EXTENDING AN EXISTING WALL AND LOWERING A SEPARATE WALL TO CREATE VISIBILITY BETWEEN THE KITCHEN AND LIVING ROOM IN A RESIDENCE THAT IS NONCONFORMING DUE DENSITY AND PARKING. THE RESIDENCE IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 311 8T" STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Richard Tait ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 15-7. The proposed project includes remodeling an existing kitchen by extending an existing wall and lowering a separate wall to create visibility between the kitchen and living room at a residence that is nonconforming due to parking and density and is 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 interior alterations in an existing nonconforming residence where only minor modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on July 6, 2015 to consider Minor Use Permit 15-7. 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 June 4, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-7 for a proposed project at 311 8th Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,937 square feet. The property is approximately 25 feet wide by 117.5 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a one story single family residence and a detached garage with a second story second unit. Based on the existing deficiency of 2 parking spaces to serve the 2nd unit and the property containing 2 dwelling units on a parcel that is less than 4,356 sq. ft., the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity. Page 1 of 4 Resolution 15-16 311 e Street D. 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. 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 remodel an existing kitchen by extending an existing wall to create a laundry area and lowering a separate wall to create visibility from the kitchen into the dining and living rooms in a single family residence on a nonconforming property. 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 minoralterations. The proposed alteration of less than 25% of interior walls in order to remodel an existing kitchen by extending an existing wall and lowering a separate wall in a single family residence 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 a detached garage with a second story unit and is considered nonconforming due to parking and density 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 Page 2 of 4 Resolution 15-16 3118'Street 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 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 15-7 for alteration of less than 25% of interior walls in order to remodel an existing kitchen by extending an existing wall and lowering a separate subject to the following conditions: 1. Minor Use Permit 15-6 is approved for the alteration of less than 25% of interior walls in to remodel an existing kitchen by extending an existing wall and lowering a separate wall in a single family residence on a nonconforming property located at 311 Street. 2. All plan check and future construction shall be in substantial compliance with the 7 plans approved through Minor Use Permit 15-7. 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. 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. 5. 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 15-16 311 8' Street PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 6, 2015, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Sloan Chairperson ATTEST: Jim Basham Planning Commission Secretary Page 4 of 4 ATTACHMENT 2 Project Floor/Site Plans -------- ----—--- ------ ON 18 3N1!DN3!DNO8is1Ndv 133ALSIASTTE F==�Mp 13COW3d OtrL06 11V1 1:13HS 9ULL 5i 0 o 0 81 `n z0 X �f2 u 181 1i lag JR t Rill LU LU Lu sa $ uj 131 1 5111'g H-H Ln Gq V) 9 R uj ........ ---- z 3Nr1 A"WW.S'111 via Ii ... . ....... UJI luj! ZI ce CD z iu- cr ILT 3Nrl Al.'dgdO'dd,S'LTT ib Yt �� w' e};`-�f Y r r !'ms 's °CL g6 HIM Sb all HIM w RBd,i�.,dl ObL06'VJ'H7tl3B 1tl35 ONIa33NION3 JNOalSINat/ 133WSL49TIE �. 1340W3d'dOr131NI33N34IS3d ilV1 Q SNOLDIS(INV'NVId 210011 MIN 'NV ld 210014 9NLLSI G lw T5 s '9NR33NC 9NStlISNtlIe NOml4da9dN(MLMBDtgOtld9e 30011QN 9ad4Md 3sdHl'dMIIi SSOYN9M1tlN9619Ntl9i 9dMLSQVa1 NOLLTU9vmlM BdSa IDLILILN TNS1Md393NL a� p�p$4 - J B B-Ot - >-f 0-Z 9- 3 ^ n he �_ zgy�® 9 s z w LU E LL `Wig E r-,C .9l 9.Ls a 9- 2 3p # a dpy QQ k 3 1 a>r s s s .- W O �b 0�I 0o sO w o0 � m g° LL a � a Ft W 411 qle LL zz LU o (n V U LU 0 I fli ------------- -------- GVa6-n'MV99 TAS ON1822NION3 ON081S V 13371 4—E 13(1OW],d do MAINI 3ONWIS91d 1111 SIIVJ-gCl CINVNVId E)NIWVd4NV'ld NOLLV(3Nno4 -------—------- ------------- All z 8 N 4-d HII V 1i go am�I -4 L F4E ------ ------ till -4- L------ – ---- --------- F 7.– 2 it pill 15 -------------- ------------ ATTACHMENT 3 Site Photo t V. t . i� i t T .j t SY :- f-WA i