HomeMy WebLinkAbout2 - MUP 15-11 629 Southshore Drive PLANNING COMMISSION NUM ER
tlti STAFF REPORT 2
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: SEPTEMBER 8, 2015
SUBJECT: NEW BUSINESS
REQUEST FOR A MINOR USE PERMIT TO ALLOW AN
INTERIOR REMODEL INVOLVING REARRANGING THE
LAYOUTS OF AN EXISTING KITCHEN AND TWO
BATHROOMS AND AN ALTERATION OF THE FRONT
ENTRY DOOR WITHIN AN EXISTING SINGLE-FAIVIILY
RESIDENCE THAT IS NONCONFORMING DUE TO THE
SIZE OF THE FRONT YARD SETBACK.
LOCATION: 629 SOUTHSHORE DRIVE
APPLICANT: Jason Ybarra /TKR Construction
RECOMMENDATION: After conducting the Public Hearing,staff recommends that
the Planning Commission adopt Resolution No. 15-20,
APPROVING Minor Use Permit 15-11 with Conditions.
Minor Use Permit 15-11
629 Southshore Drive
GENERAL PLAN DESIGNATION: RESIDENTIAL LOW DENSITY
ZONE: RLD-9 (RESIDENTIAL LOW DENSITY)
SITE DESCRIPTION:
Assessor's Parcel Number: 199-161-07
Lot Area: 5,100, sq. ft.
Gross Floor Area: 2,386 sq. ft.
Surrounding Properties: North: Residential Low Density (RLD-9)
South:Residential Low Density (RLD-9)
East: Residential Low Density (RLD-9))
West: Residential Low Density (RLD-9)
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 alteration of
interior walls and front entry door at an existing nonconforming residence where
modifications are required for the renovation.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
August 27, 2015 and mailed to property owners and occupants within a 300' radius of the
subject property on August 27, 2015, with affidavits of publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
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Page 2 of 3
Minor Use Permit 15-11
629 Southshore Drive
ANALYSIS:
Jason Ybarra of TKR Construction, ("the applicant"), on behalf of owners Jeff and Laurie
Shaw, filed an application for Minor Use Permit 15-11 requesting approval for an interior
remodel including rearranging the layouts of an existing kitchen and two bathrooms and an
altering the front entry door within an existing single-family residence. The property is
developed with a single-story residence and an attached two-car garage. The property is
considered nonconforming because the existing residence and attached garage do not
provide the minimum front yard setback. The subject site is located on the west side of
Southshore Drive between Bolsa Avenue and Taper Drive in the Hill area, The subject site
is located in the RLD-9 zone and is surrounded by residential uses.
The subject property is nonconforming due to the size of the front yard setback. According
to Table 11.2.05.015 of the Seal Beach Municipal Code, regu'lating building location and
minimum yards, the required front yard setback is 18 feet. The residence and garage are
located only 15'-6" from the front property line, which does not meet the minimum 18,4,
setback requirement.
No additional square footage will be added to the existing single-story residence as a result
of the proposed remodel. The existing foyer will be altered from a two door entry to
accommodate a single door entry. The applicant is proposing to alter-the interior walls to
rearrange the layouts of an existing kitchen and two bathrooms, and converting the two-
door entry to a single front entry door. The revised floor plan will consist of three
bedrooms, two bathrooms, a kitchen,family room, dining and living room in the single-story
residence. The remodel and revised floor plan will not result in any increase in the
habitable square footage of the existing residence.
The Seal Beach Municipal Code (SBMC § 11.4.40.015,B) allows improvements which
involve the reconfiguration of the floor plan and the removal of or structural alteration of
interior walls to less than 25% of the structure's interior walls. This code section also
allows for the replacement of exterior doors. The proposed reconfiguration of the walls and
replacement of the front door is consistent with and conforms to the provisions of this
section.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 15-20 approving MUP 15-11 to allow
an interior remodel involving rearranging the layouts of an existing kitchen,two bathrooms
and alteration of the front entry door within existing nonconforming single-family
e;
residence located at 629 Southshore Drive.
Prepared by:
Steve Fowler ashy)u/
Community Development Department ector of Community Development
Attachments:
I Resolution No. 15-20 — A Resolution of the Planning Commission of the City of Seal Beach,
Approving Minor Use Permit 15-11,to allow an interior remodel involving rearranging the layouts of an
existing kitchen, two bathrooms and alteration of the front entry door within an existing single-family
residence that is nonconforming due to front yard setbacks located in the Residential Low Density
(RLD-9)zoning area 629 Southshore Drive.
2. Project plans.
3. Site photo.
Page 3 of 3
ATTACHMENT 1
RESOLUTION NO. 15-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 15-11 TO ALLOW AN INTERIOR REMODEL
INVOLVING REARRANGING THE LAYOUTS OF AN
EXISTING KITCHEN AND TWO BATHROOMS AND AN
ALTERATION OF THE FRONT ENTRY DOOR WITHIN AN
EXISTING SINGLE-FAMILY RESIDENCE THAT IS
NONCONFORMING DUE TO THE SIZE OF THE FRONT
YARD SETBACK LOCATED IN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONING AREA AT 629 SOUTHSHORE
DRIVE.
RESOLUTION NO. 15-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 15-11 TO ALLOW AN INTERIOR REMODEL
INVOLVING REARRANGING THE LAYOUTS OF AN
EXISTING KITCHEN AND TWO BATHROOMS AND AN
ALTERATION OF THE FRONT ENTRY DOOR WITHIN AN
EXISTING SINGLE-FAMILY RESIDENCE THAT IS
NONCONFORMING DUE TO THE SIZE OF THE FRONT
YARD SETBACK LOCATED IN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONING AREA AT 629 SOUTHSHORE
DRIVE.
THE PLANNING COMMISSION OF THE CITY. OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Jason Ybarra of TKR Construction, ("the applicant") on
behalf of owners Jeff and Laurie Shaw, submitted an application to the Community
Development Department for Minor Use Permit 15-11 . The proposed project includes
rearranging the layouts of an existing kitchen and two bathrooms and an alteration of
the front entry door within an existing single-family residence that is nonconforming due
to the size of the front yard setbacks and is located in the Residential Low Density
(RLD-9) 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 the alteration of interior walls and front entry door at an existing
nonconforming residence where modifications are required for the renovation.
Section 3. A duly noticed public hearing was held before the Planning
Commission on September 8, 2015 to consider Minor Use Permit 15-11. 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 August 6, 2015, the applicant submitted an application to the
Community Development Department for Minor Use Permit 15-11 for a proposed
interior remodel and an alteration to the front door at 629 Southshore Drive, Seal
Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 2,933 square feet. The property is approximately 51 feet wide by 100
feet deep. The site is surrounded by residential uses.
Page 1 of 4
Resolution 15-20
629 Southshore Drive
C. The subject property is currently developed with a one-story single-
family residence with an attached two-car garage. Based on the existing deficiency of
the front yard setback, which is less than 18 feet, 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.B) allows
interior modifications to less than 25% of interior walls and alterations of exterior doors
within a structure that is nonconforming due to front yard setbacks subject to approval of
a Minor Use Permit. The proposed reconfiguration of the floor plan and the alteration of
the front door are consistent with the provisions of this section.
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 Hill area (Planning Area 2) 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 interior walls in order to remodel the interior of the existing
residence will not expand any nonconformity and will not increase the square footage of
the residence.
B. The proposed interior alterations are 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 Hill RLD-9 zone,
an area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows
improvements of the interior walls to change the floor plan of the existing residence and
the change of exterior doors with approval of a Minor Use Permit.
C. The proposed interior alterations, 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 a one-story single-family
residence with an attached two-car garage is considered nonconforming due to a
deficiency in the size of the front yard setback only. The alteration of interior walls to
reconfigure the floor plan along with the alteration of the front door will not add habitable
space and will maintain development standards applicable to the RLD-9 zone.
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 RLD-9 zone, which consists of properties developed as single
family residences. The interior remodel will not add habitable space to the existing
residence, and will remain similar to surrounding uses throughout RLD-9.
Page 2 of 4
Resolution 15-20
629 Southshore Drive
E. The establishment, maintenance, and operation of the proposed
interior remodel will not be detrimental to the health, safety, or welfare of persons
residing or working in the vicinity. The alteration of interior walls and the alteration of
the front door will not intensify the 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 15-11 for alteration of interior walls in order to rearrange the
layouts of an existing kitchen and two bathrooms and to carry out an alteration of the
front entry door within an existing single-family residence subject to the following
conditions:
1. Minor Use Permit 15-11 is approved for the alteration of interior walls in order to
rearrange the layouts of an existing kitchen and two bathrooms and alteration of
the front entry door within an existing single-family residence on a nonconforming
property located at 629 Southshore Drive.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 15-11. 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 15-20
629 Southshore Drive
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on September 8, 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
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ATTACHMENT 2
Project Plans
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ATTACHMENT 3
Site Photo
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