The URL can be used to link to this page

Home My WebLink AboutPC Res 15-16 - 2015-07-06 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 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Richard Talt ("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: i 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 8h Street D. The Seal Beach Municipal Code (SSMC § 11.4.40.015.8) 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 interior alterations 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 ialterations. 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 interior alteration 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 11.4.40.015.6) allows minor improvement such as alteration of less than 25% of interior walls with i approval of a Minor Use Permit. C. The proposed interior alteration, 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 interior alteration, 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-farnily residences. The improvement will not add habitable space, will Page 2 of 4 Resolution 15-16 311 e Street 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 interior alteration 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 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 a 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 Sloan, Cummings, Machen, Campbell NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Sloan Chairperson TT ST: C Basham lanning Commission Secretary Page 4 of 4