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HomeMy WebLinkAboutPC Res 15-18 - 2015-07-20RESOLUTION NO. 15 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15 -8 TO ALLOW A REDUCTION IN THE NUMBER OF RESIDENTIAL UNITS FROM 4 TO 3 BY MODIFYING THE FRONT TWO -STORY BUILDING INCLUDING MODIFICATION OF THE FRONT BALCONY AND ADDITION OF A REAR DECK AND ROOF DECK ON A PROPERTY THAT IS NONCONFORMING DUE TO DENSSTY, PARKING, AND SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT 913 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Kay MacDonald ( "the applicant') submitted an application to the Community Development Department for Minor Use Permit 15 -8. The proposed project includes the reduction in the number of residential units from 4 to 3 by modifying the front two -story building including modification of the front balcony and addition of a rear deck and roof deck on a property that is nonconforming 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 walls to modify a floor plan to reduce the number of units, add two decks and modify the balcony 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 July 20, 2015 to consider Minor Use Permit 15 -8. 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 10, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15 -8 for a proposed project at 913 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,750 square feet. The property is approximately 25 feet wide by 110 feet deep. The site is surrounded by residential uses on the north and east sides with Eisenhower Park to the south and commercial uses to the west. C. The subject property is currently developed with a two -story duplex at the front of the property and two residential units above a detached two -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 2,750 sq. ft. parcel that is developed with four residential units. The Seal Beach Municipal Code Page 1 of 4 Resolution 15 -18 913 Ocean Avenue (SBMC §11.4.20.015) requires two garage spaces per residential unit. The subject site has two garage spaces on site and a deficiency of 6 garage spaces to serve the four 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 east side of the existing rear building is less than 3 feet. The subject site is considered 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 a reduction in the number of units on a property through approval of a Minor Use Permit. This provision of the SBMC also permits the addition of non - habitable accessory structures such as patios and decks. E. The applicant is requesting to modify the front building on the nonconforming property through alteration of interior walls to reconfigure the floor plan in order to convert from two units to one unit. An existing kitchen will be removed and an interior stair case will be added to create the single unit. In addition, the front balcony will be modified, a rear deck and roof deck will be added to the front building. No new bedrooms or 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 reduce the number of units will not expand any nonconformity; instead the reduction in the number of units will lessen the nonconformity in density and parking. B. The proposed alterations 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 to reduce the number of units with approval of a Minor Use Permit. The proposed alterations are for the purpose of converting the front building into a single unit residence to reduce the number of units on the subject site and bring the property more into conformance with the current Zoning Code. 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 two additional units above a detached two -car garage and is considered nonconforming due Page 2 of 4 Resolution 15-18 913 Ocean Avenue to parking, density and setbacks. The proposed alterations to reduce the number of units from 4 to 3 will not add habitable space and will maintain applicable development standards. The proposed improvement will decrease density and reduce the intensity of the existing use of property. 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 four 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, will reduce the number of dwelling units on site, 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 reduce the number of units will not increase bedrooms, 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. The subject site has operated as a residential property without causing a detriment to persons residing or working in the vicinity and the proposed reduction in units 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 -8 for alteration of interior walls in order to reduce the number of residential units from 4 to 3 by modifying the floor plan of the front two -story residence. The application is also requesting the modification of the front balcony and the addition of a deck to the roof and rear of the residence subject to the following conditions: 1. Minor Use Permit 15 -8 is approved for the alteration of interior walls in order to reduce the number of residential units from 4 to 3 by modifying the front two -story building, including modification of the front balcony and addition of a rear and roof deck on a nonconforming property located at 913 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 15 -8. 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. Page 3 of 4 Resolution 1518 913 Ocean Avenue 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. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 20, 2015, by the following vote: AYES: Commissioners Campbell, Cummings, Machen NOES: Commissioners ABSENT: Commissioners Sloan ABSTAIN: Commissioners 5 nning Commission Secretary Esther Cummings Vice - Chairperson Page 4 of 4