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Home My WebLink About3 - MUP 15-12 127 5th Street SSE ITEM PLANNING COMMISSION NUMBER STAFF REPORT 3 TO: Planning Commission FROM: Director of Community Development MEETING DATE: SEPTEMBER 8, 20"15 SUBJECT: NEW BUSINESS REQUEST FOR A MINOR USE PERMIT TO ALLOW AN INTERIOR REMODEL INVOLVING RELOCATING THE KITCHEN, ELIMINATING ONE BEDROOM AND CONVERTING OF THE EXISTING KITCHEN AREA INTO A NEW STUDY SPACE WITHIN AN EXISTING SINGLE- FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO A DETACHED GARAGE SIDE YARD SETBACK ONLY LOCATION: 127 5 TI STREET APPLICANT: Thomas & Truly Hanson RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 15-21, APPROVING Minor Use Permit 15-12 with Conditions. Minor Use Permit 15-12 127 5th Street GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: Assessor's Parcel Number: 199-148-66 Lot Area: 2,930 sq. ft. Gross Floor Area: 1,243 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 the alteration of walls within an existing nonconforming residence where interior modifications are required forthe 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: City o Seal Beach �a AA IL 4 414 Page 2 of 3 Minor Use Permit 15-12 127 e Street ANALYSIS: Thomas and Truly Hanson, ("the applicants")filed an application for Minor Use Permit 15- 12 requesting approval for an interior remodel involving relocating the kitchen, eliminating one bedroom and converting the existing kitchen area into a study space within an existing single-family residence. The property is developed with a single-story residence and ,a detached two-car garage. The property is considered nonconforming due to a deficiency in the existing side yard setback of-the detached garage. The subject site is located on the west side of 5th Street between Ocean Avenue and Central Way in the Old Town area. The subject site is located in the RHD-20 zone and is surrounded by residential uses. The subject property is nonconforming due to a garage side yard setback. According to Table 11.2.05.015 of the Seal Beach Municipal Code, regulating building location, and minimum yards, the required side setback is 10 percent of a lot's width, with a minimum of 3 feet. The north side of the garage is T-O"from the property line,which does not meet the minimum 3'-0" setback requirement. The garage will not be altered and the existing garage side yard setback will not b!,e affected by the interior remodel of the single-story residence. The single-story residence that is being renovated maintains the required setbacks for the district. The applicants are proposing to alter the interior walls of the single-story residence to ' reconfigure the floor plan in order to relocate the kitchen to the front of the residence, eliminate one bedroom, and remodel the old kitchen area to create a study space. The new floor plan will consist of one bedroom and one bathroom, a new study, and a kitchen, dining and living room in the single-story residence. The new floor plan will not increase the habitable square footage of the existing residence. The Seal Beach Municipal Code (SSMC § 11.4.40.015.13) 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. The reconfiguration of the walls 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. 15-21 approving MUP 15-12 to allow an interior remodel involving relocating the kitchen, eliminating one bedroom and converting of the old kitchen area into a new study space within an existing single-family residence that is nonconforming at 127 5t' Street. Prepared by: Steve Fowler B ham Community Development Department Di#r of Community Development Attachments: 1. Resolution No. 15-21 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 15-12, to allow an interior remodel involving relocating the kitchen, eliminating one bedroom and converting ofl the old kitchen into a new study space within an existing single-family residence that is nonconforming due to a deficient garage sideyard setback located in the Residential High Density(RHD-20)zoning area at 127 5th Street. 2. Project plans. 3. Site photo. Page 3 of 3 ATTACHNIENT 1 RESOLUTION NO. 15-21 A RESOLUTION OF THE PLANNING COMMISSION OF f THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-12 TO ALLOW AN INTERIOR REMODEL INCLUDING RELOCATING THE KITCHEN, ELIMINATING ONE BEDROOM AND CONVERTING THE EXISTING KITCHEN AREA INTO A NEW STUDY SPACE WITHIN AN EXISTING SINGLE-FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO A DETACHED GARAGE SIDE YARD SETBACK LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 127 5T" STREET. RESOLUTION NO. 15-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-12 TO ALLOW AN INTERIOR REMODEL INCLUDING RELOCATING THE KITCHEN, ELIMINATING j ONE BEDROOM AND CONVERTING THE EXISTING KITCHEN AREA INTO A NEW STUDY SPACE WITHIN AN ' EXISTING SINGLE-FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO A DETACHED GARAGE SIDE YARD SETBACK LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 127 5r" STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Thomas & Truly Hanson ("the applicants") submitted an application to the Community Development Department for Minor Use Permit 15-12. The proposed project includes the relocating the kitchen, eliminating one bedroom and the converting the existing kitchen into a study space within a residence that is nonconforming due to the detached garage side yard setback 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 the alteration of walls within an existing nonconforming residence where interior 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 15-12. 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 7, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-12 for a proposed interior remodel at 127 5th Street, 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 25 feet wide by 117.33 feet deep. The site is surrounded by residential uses. C. The subject property is currently developed with a one-story single family residence and a detached two-car garage. Based on the existing deficiency of the setback on the north side of the garage, which is less than the required 3 feet, the subject property is considered nonconforming. The proposed improvements will not expand the existing nonconformity. Page 1 of 4 Resolution 15-21 127 5th Street D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) ) allows interior modifications to less than 25% of interior walls within a structure that is nonconforming due to setbacks subject to approval of a Minor Use Permit. The reconfiguration of the floor plan, including relocating the kitchen, converting the existing kitchen area into a study space and eliminating one bedroom is consistent with the provisions of this section. After -the remodel, the new floor plan will consist of one bedroom, one bathroom, a study, and a kitchen, dining and living room in -the single- story residence. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.2',0 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 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 habitable square footage of the residential structure. 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 11.4.40.015.8) allows improvements of the interior walls to change the floor plan of the existing residence with 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 a one-story single-family residence and a detached two-car garage, and is considered nonconforming due to the garage side yard setback only. The alteration of interior walls to reconfigure the floor plan will not add habitable space and will maintain development standards applicable to the RHD-20 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 RHD-20 zone, which consists of properties developed as single family and mdlti-family residences. The improvement will not add habitable space, will reduce the number of bedrooms on site, and will remain similar to surrounding uses throughout the RHD-20 zoned area. Page 2 of 4 Resolution 15-21 127 5' Street 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 interior walls and the reduction of the number of bedrooms 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 15-12 for the alteration of interior walls in order to relocate the kitchen, eliminate one bedroom and convert the existing kitchen area into a study space within an existing residence subject to the following conditions: 1. Minor Use Permit 15-12 is approved for the alteration of interior walls in order to relocate the kitchen, eliminate one bedroom and convert the existing kitchen are I a into a study space within an existing residence on a nonconforming property located at 127 Stn Street. I 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 15-12. All new construction sha 1 11 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 a!n I "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 claim and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or Supplies i I n 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 15-21 127 5' Street 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 I ABSTAIN: Commissioners i i Steve Sloan Chairperson ATTEST: Jim Basham Planning Commission Secretary I i i i I j Page 4 of 4 ATTACHMENT 2 Project Plans SS6f6<-6'31l 969f-996 f[95) -6'311 1999•f69 fill) 9-39[8'3'0 f°YN PO�d >6.64+9mG tlIWJ0311bm 2'31111f1T L99L6 bIW[Mltlm'3tTNa'D ••-9 3NOUa�Z 9L b 311L5'fIbOJ Mdbtl93131 ILSCI b�'1S 653Nd13 N C69 O01Q 17.N3v3A�� a y y b 70557 t O'10N2dV'O H19NN9:4 L°2 f :ss3eo9r i.8_ NOSN7H WOl 9JW r jW a [-.9 9 .<i'lA 33N3f XNId 000A l3) � Q .0-.5 __—_—___33NtJ3531tl133,3 )3 —————————— ----v— bmm103EOd0a'd 9 lu I— O V- pm- .Il.fl '331/1f35' A fNI ly m Zak i I �14ow J w Z 4 s 3SOd0?J 3 VJb' J -1 w �� IX .m. .m-.ml LL Q kw oofo F— AbAdIVIA'3NTJ l3) —_-- O 'd3L91..NlmNbl Omin fN! O 33N3i)00,3'3N'l3131 ,FC'LII I w Ao _f m (� tt a ld� O O O O - 3 ��gi 'WZ 9NINIO !:)HBO m3N O ly LLI V O O fNL N1V9 L O IL 'd316 mNb ' O Z 2� l� IONbI OOOfA CN) )2 �/i �� Nd4f 3119 33S"33N3i I {� i I X9'mNOm H91H.9 f31 I� VV'1 g II �" I I 1.11 "'fig I I w III __ ll'1V3 x3313!L'^ 3 l3) ,.'J Q J Di a _ e, wa, In C b"SdOl 31NfLT3 Z }l t ; In II WO'1I 111 VIU '1.eVJ N3KJl 1310H30 �I I 3 I va ul tlll N3HO1D113) - - J tS w �= .-----' ~ 'I ----, .`r---- J o - e ul � JJh � �9 III Z O J °II 1191A l310.J3° p w II F Q U'2 � H M W ul Lnl w 7 III w�UI r-1-- m III Q of I Ir iii V El E-� L IL_=J w / - FI 9 -1 3 ® JtlFN gi 9� J El E O �� Ill w ..N.� ATTACHMENT 3 Site Photo f •f r .s �r tT A t�i At 1275 th Street