HomeMy WebLinkAbout3 - MUP 15-14.1413 Ocean Avenue ITEM
� `stis PLANNING COMMISSION NUMBER
STAFF REPORT 3
°'cqt/FORN1P:f
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: OCTOBER 5, 2015 j
SUBJECT: NEW BUSINESS
REQUEST FOR A MINOR USE PERMIT (MUP 15-14) TO
ALLOW REMOVE AN INTERIOR WALL WITHIN 'A
THREE-CAR GARAGE THAT IS LOCATED ON A
PROPERTY THAT IS NONCONFORMING DUE TO
DENSITY, SETBACKS, AND PARKING IN THE
RESIDENTIAL HIGH DENSITY (RHD-20)ZONING AREA.
LOCATION: 1413 OCEAN AVENUE
APPLICANT: Ken Greenberg
RECOMMENDATION: After conducting the Public Hearing, staff recommends that
the Planning Commission adopt Resolution No. 15-23,
APPROVING Minor Use Permit 15-14 with Conditions.
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Minor Use Permit 15-14
1413 Ocean Avenue
GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY
ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY)
SITE DESCRIPTION:
Assessor's Parcel Number: 199-082-24
Lot Area: 3,437.5 sq. ft.
Gross Floor Area: 2,438.5 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
exterior garage doors and removal of an interior garage wall where modifications are
required for the renovation.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
September 24, 2015 and mailed to property owners and occupants within a 300' radius of
the subject property on September 24, 2015, with affidavits of publishing and mailing on
file.
VICINITY MAP: AERIAL MAP:
Ci[y of ' eaI Beach
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Page 2 of 4
Minor Use Permit 15-14
1413 Ocean Avenue
ANALYSIS:
Ken Greenberg, ("the applicant")filed an application for Minor Use Permit 15-14 to remove
an interior wall within a three-car garage located on a property that is nonconforming due to
density, setbacks, and parking. The subi(ect site is located on the north side of Ocean
Avenue between Dolphin Avenue and 14t Street. The parcel is currently developed with'a
two-story duplex at the front and a detached three-car garage at the rear. The subject site
is located in the RHD-20 zone and is surrounded by residential uses.
The subject property is considered nonconforming because the existing development does
not conform to the current Seal Beach Municipal Code development standards regarding
density, parking and setbacks. The Seal Beach Municipal Code, Table 11.4.20.015.A.,1,
requires 2 off-street parking spaces per dwelling unit. The site contains three garage
spaces which make the site deficient by 1 parking space based on the existing need of4
garage spaces for 2 units. The Seal Beach Municipal Code, Table 11.2.05.015, states that
RHD-20 zoned properties are allowed one residential unit per every 2,178 sq. ft. of land
area. "fhe subject property is a 3,437.5 sq. ft. interior parcel that is currently developed with
two dwelling units. Table 11.2.05.015 of the Seal Beach Municipal Code states, minimum
interior side yards are required to be 10 percent of the lot width, minimum of 3 feet. The
existing two-unit building at the front of the property is nonconforming because the west
side of the residence is only 2 feet from the property line. The rear garage structure,where
the interior remodel is proposed, maintains the required setback for the east side of the
garage but encroaches 1 inch into the westerly side yard setback. Seal Beach Municipal
Code Section 11.4.20.025.0 states the standard parking stall size is 9'-0"by 18'-0"and the
garage structure itself is nonconforming due to interior dimensions which will be 18 feet
deep but 7'-6" wide for the single-car garage and 15'-1" for the two-car garage.
The Seal Beach Municipal Code (SBMC §11.4.40.015.13) allows improvements to
nonconforming properties which involve the reconfiguration of a 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 applicant is proposing to remove an interior garage wall to reconfigure the floor plan in
the three-car garage. The reconfiguration will convert the existing garage with three single-
car garages into a two-car garage and a one car garage. The reconfiguration will include
replacing the existing three single-car garage doors with one single-car garage door and',a
double-car garage door. The proposed reconfiguration will not increase the square footage
of any of the structures.
The proposed alterations will not alter the existing use of the property and will not impact
the required parking on the subject site. The proposed alterations do not include alteration
or additions to the two-story duplex at the front of the property and will not add square
footage to the existing detached garage or site thus will not increase the density. The
reconfiguration of the walls and replacement of garage doors is consistent with and
conforms to the provisions of SBMC §11.4.40.015.B.
Page 3 of 4
Minor Use Permit 15-14
1413 Ocean Avenije
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 15-23 approving MUP 15-14 at 14113
Ocean Avenue.
Prepared by:
4.1wer i Basham
'or 0,
Di or of Community Development
Common' evelopment Department Ji e
Attachments:
1. Resolution No. 15-23 A Resolution of the Planning Commission of the City of Seal Beach,Approving
Minor Use Permit 15-14, to allow removal of an interior wall and replace existing garage doors within
a garage located on a property that is nonconforming due to setbacks, density, and parking in the
Residential High Density(RHD-20)zoning area at 1413 Ocean Avenue,
2. Project plans
3. Site photo
Page 4 of 4
RESOLUTION NO. 15-23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 15-14 TO ALLOW REMOVAL OF AN INTERIOR
WALL WITHIN A DETACHED THREE-CAR GARAGE
LOCATED ON A PROPERTY THAT IS NONCONFORMING
DUE TO SETBACKS, DENISTY, AND PARKING IN THE
RHD-20 (RESIDENTIAL HIGH DENSITY-20) ZONE AT
1413 OCEAN AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section. 1. Ken Greenberg ("the applicant") submitted an application to
the Community Development Department for Minor Use Permit 15-14. The applicant
proposes to remodel an existing three-car garage by removing an interior wall within the
garage on a property that is considered nonconforming property due to density, parking,
and setbacks 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 exterior garage doors and removal of an interior
garage wall at an existing nonconforming property where modifications are required for
the renovation.
Section 3. A duly noticed public hearing was held before the Planning
Commission on October 5, 2015 to consider Minor Use Permit 15-14. 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 26, 2015, the applicant submitted an application to the
Community Development Department for Minor Use Permit 15-14 for a proposed
project at 1413 Ocean Avenue, Seal Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 3,437.5 square feet. The property is approximately 31.25 feet wide by
110 feet deep. The site is surrounded by residential uses.
C. The subject property is currently developed with a two-story duplex
at the front of the property and a detached three-car garage at the rear of 'the property.
The Seal Beach Municipal Code (SBMC §11.2.05.015) permits one residential unit per
2,178 sq. ft. of lot area. The subject site is a 3,437.5 sq. ft. parcel that is developed with
two residential units. The Seal Beach Municipal Code (SBMC §11.4.20.015) requires
two garage spaces per residential unit. The subject site has three garage spaces on
site and therefore has a deficiency of 1 garage space to serve the two existing
residential units. The Seal Beach Municipal Code (SBMC §11.2.05.015) requires
interior side yards to be ten percent of the lot width, with a 3 ft. minimum. The west side
of the existing front building is less than 3 feet. The Seal Beach Municipal Code (SBMC
Page 1 of 4
Resolution 15-23
1413 Ocean Avenue
§11.4.20.025.C) states the standard parking stall size is 9'-0" by 18'-0", and the garage
structure itself is nonconforming due to interior dimensions which are 18 feet deep but
T-6" wide for the single-car garage and 15'-1" for the two-car garage. For all of these
reasons, the subject site is nonconforming due to existing density, parking, and
setback.
D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) permits
improvements to nonconforming properties 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.
E. The applicant is requesting to modify the detached three-car
garage located at the rear of the nonconforming property through alteration of the
garage's interior walls to reconfigure the floor plan in order to convert the existing three
single-car garages into a single one-car garage and a two-car garage. The applicant
proposes to remove an existing wall to create the two-car garage, and to remove the
existing three single-car garage doors and replace them with'a single-car garage door
and a double-car garage door. No new habitable space 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 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 to reconfigure the garage floor plan will not expand any
nonconformity.
B. The proposed 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.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 with approval of a
Minor Use Permit. The proposed alterations are for the purpose of reconfiguring the
garage from a three single-car garage to one single-car and a double car garage.
C. The proposed 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 two-story duplex residential unit and a
detached three-car garage and is considered nonconforming due to parking, density
Page 2 of 4
Resolution 15-23
1413 Ocean Avenue
and setbacks. The proposed alterations to the garage will not add habitable space and
will maintain applicable development standards.
D. The location, size, design, and operating characteristics of the
proposed alterations, 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 subject site has operated as a two unit multi-
family development since its original development without. adversely affecting the
surrounding neighborhood. The proposed improvements will not add habitable space,
will not add bedrooms, and will remain consistent with surrounding uses throughout
RHD-20 zone.
E. The establishment, maintenance, and operation of the proposed
alterations will not be detrimental to the health, safety, or welfare of persons residing or
working in -the vicinity. The alterations to -the garage will not 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. The subject site has operated
as a residential property without causing a detriment to persons residing or working in
the vicinity and the proposed reconfiguration to the garages will not alter or intensify
existing operations on the subject site.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 15-14 for the removal of an interior wall within a detached
three-car garage that is located on a nonconforming property subject to the following
conditions:
1. Minor Use Permit 15-14 is hereby approved for removal of an interior wall within
a detached three-car garage that is located on a nonconforming property located
at 1413 Ocean Avenue.
2. All plan check and -Future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 15-14. All 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
Page 3 of 4
Resolution 15-23
1413 Ocean Avenue
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the granting of or the exercise of the rights permitted by this Minor Use Perm'it,
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.
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PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on October 5, 2015,. by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Chairperson
ATTEST:
Jim Basham
Planning Commission Secretary
Page 4 of 4
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GARAGE REMODEL Hill I
1413 Ocean Ave, INS
Seal Beach,CA. Ul 1114
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