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HomeMy WebLinkAbout4 - MUP15-6 (212 Central) SEAZ PLANNING COMMISSION NUMBER 's s 4 F STAFF REPORT 4 TO: Planning Commission FROM: Director of Community Development MEETING DATE: .July 6, 2015 SUBJECT: NEW BUSINESS REQUEST FOR A MINOR USE PERMIT (MUP15-6) TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO CONVERT AN EXISTING BEDROOM INTO A LIBRARY, RELOCATE THE KITCHEN FROM THE FRONT OF THE RESIDENCE TO THE REAR AND CONVERT THE EXISTING KITCHEN AREA INTO.A STUDY. THE REQUEST ALSO INCLUDES REMOVAL AND REPLACEMENT OF EXISTING SIDE AND REAR EXTERIOR DOORS AT A RESIDENCE THAT IS NONCONFORMING DUE TO PARKING AND IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONING AREA. LOCATION: 212 Central Avenue APPLICANT: Ron Hoover RECOMMENDATION: After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 15-15, APPROVING Minor Use Permit 15-6 with Conditions. Minor Use Permit 15-6 212 Central Avenue GENERAL PLAN DESIGNATIO14: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: Assessor's Parcel Number: 1993-142-07 Lot Area: 2,565 sq. ft. Gross Floor Area: 1092 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.)forthe permitting of an interior remodel at 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 Seal Beach p x tr Yell f� J> W7- q` ...+ . Tiri I -Y g `✓ , { z 7 ' Paae 2 of 3 Minor Use Permit 15-6 212 Central Avenue ANALYSIS: Ron Hoover, ("the applicant") on behalf of the property owner Tim Buzza filed an application for Minor Use Permit 15-6 requesting approval for the alteration of less than 25% of interior walls within a single family residence on a nonconforming property. The proposed alterations are to convert an existing bedroom into a library, relocate the kitchen from the front of the residence to the rear and convert the existing kitchen area into a study. The subject site is located on the South side of Central Avenue between 2nd Street and 3rd Street in the Old Town area. The parcel is developed with a single story single family residence. 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 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 have 2 garage parking spaces per dwelling unit. The subject site is developed with a one story single family residence but does not have a garage or parking area and is therefore considered nonconforming. The applicant is proposing to alter the interior walls by converting an existing bedroom, bathroom and closet at the rear of the residence into a kitchen. The existing kitchen will be converted into a study and an existing bedroom will be converted into a library by removing some walls. The proposal also includes replacement of the existing side and rear exterior doors.As part of the remodel,windows will be replaced and the existing stucco exterior will be replaced with siding. 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 one bedroom and one bathroom. No new habitable space or bedrooms will be created and the residence will conform to the provisions of SBMC § 11 A.40.015.B. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 15-15 approving MUP 151-6 to permit the alteration of less than 25%of interior walls to convert an existing bedroom into a library, relocate the kitchen from the front of the residence to the rear and convert the existing kitchen area into a study. The property owner was notified that by converting the bedroom into a library it cannot be converted back without bringing the property into compliance by adding a garage. He understood and wishes to move forward. The request also includes removal and replacement of existing side and rear exterior doors on a single family residence at an existing nonconforming property at 212 Central Avenue. Prepared by: Steve Fowler Jim B#h, inp Community Development Department Director muhity 'I' ' ­ 1 Attachments: 1. Resolution No. 15-15—A Resolution of the Planning Commission of the City of Seal Beach,Approving Minor Use Permit 15-6, to convert an existing bedroom into a library, relocate the kitchen from the front of the residence to the rear and convert the existing kitchen area into a study.The request also includes removal and replacement of existing side and rear exterior doors on a residence that is nonconforming due to parking located in the Residential High Density(RHD-20)zoning area. 2. Project floor/site plans. 3. Site photo. Paae 3 of 3 ATTACHMENT 1 RESOLUTION NO. 15-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-6 TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO CONVERT AN EXISTING BEDROOM INTO A LIBRARY, RELOCATE THE KITCHEN FROM THE FRONT OF THE RESIDENCE TO THE REAR AND CONVERT THE EXISTING KITCHEN AREA INTO A STUDY. THE REQUEST ALSO INCLUDES REMOVAL AND REPLACEMENT OF EXISTING SIDE AND REAR EXTERIOR DOORS AT A RESIDENCE THAT IS NONCONFORMING DUE TO PARKING AND IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONING AREA. AT 212 CENTRAL AVENUE RESOLUTION NO. 15-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-6 TO ALLOW AN ALTERATION OF LESS THAN 25% OF INTERIOR WALLS TO CONVERT AN EXISTING BEDROOM INTO A LIBRARY, RELOCATE THE KITCHEN FROM THE FRONT OF THE RESIDENCE TO THE REAR AND CONVERT THE EXISTING KITCHEN AREA INTO A STUDY. THE REQUEST ALSO INCLUDES REPLACEMENT OF EXISTING SIDE AND REAR EXTERIOR DOORS AT A RESIDENCE THAT IS NONCONFORMING DUE TO PARKING AND IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. AT 212 CENTRAL AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Ron Hoover ("the applicant") on behalf of property owner Tim Buzza submitted an application to the Community Development Department for Minor Use Permit 15-6. The proposed project includes converting an existing bedroom into a library, relocating the kitchen from the front of the residence to the rear and converting the existing kitchen area into a study. The proposal also includes removal and replacement of existing side and rear exterior doors at a residence that is nonconforming due to parking 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 an interior remodel at 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 15-6. 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 3, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-6 for a proposed project at 212 Central Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,565 square feet. The property is approximately 25.65 feet wide by 100 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 but does not have a garage on site. Based on the existing lack of off- Page 1 of 4 Resolution 15-15 212 Central Avenue street parking, the subject property is considered nonconforming. The proposed improvements will not expand the existing nonconformity. 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 convert an existing bedroom into a library, relocate the kitchen from the front of the residence to the rear, and convert the existing kitchen area into a study. The request also includes replacement of the existing side and rear exterior doors along with the replacement of exterior stucco with siding. The subject property is proposed to reduce the number of bedrooms to one with one bathroom. 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 bedroom into a library, relocate the existing kitchen from the front of the residence into the rear, and conversion of the existing kitchen into a study with the replacement of existing side and rear doors 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 pr'ovisions 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 11.4.40.015.8) 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 parking 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. Page 2 of 4 Resolution 15-15 212 C6ntral Avenue 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 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 Commist ion hereby approves Minor Use Permit 15-6 for alteration of less than 25% of interior walls in order to convert an existing bedroom into a library, relocate the kitchen from the front of the residence to the rear and convert -the existing kitchen area into a study. the request also includes replacement of existing side and rear exterior doors subject to the following conditions: 1. Minor Use Permit 15-6 is approved for the alteration of less than 25% of interior walls in order to convert an existing bedroom into a library, relocate the kitchen from the front of the residence to the rear and convert the existing kitchen area into a study. The request also includes replacement of existing side and rear exterior doors in a single family residence on a nonconforming property located at 212 Central Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 15-6. 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, Page 3 of 4 Resolution 15-15 212 Central Avenue 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 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 00446 l0mlvqs�AVIMINUVIZ �,Lv 09091060TEWHA VZZORMUMUN"W;VOI NL)IJ.VUziL'IV z In U.1 do ul otLo6*dnv3,ilov33lv3s,3AvlvulN33tiz:got amab'dr 3,HJV39 Was-JAV IVUN33 v IV 909-146(01E)1:HJ V711113 WII'5-dW GNV g,;H(H -dS11V I A 0 0 P N 0 8 MOLL I IT r I r7 z . h 01 I xw IL/ J LL L Li II i wt IL J 71f fl ATTACHMENT 3 Site Photo tr *- { i � ���� *-" r ' .� #y-+tit„P « �.. '.. '� � � .a. t' '' R s _ �'t%,t,;s' �° -- - �.sue. x' .P .,�, � MAY" �f �}f.. G� Y ���i+ �' r � L 5{��'`�{ �� :�� 'R t'�A� ��',.r�}�.�- ^y��i- _a:' ;t . �' ; rt� 'gyp {,�} � ,^�f' yep !.. 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