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Home My WebLink AboutPC Res 15-20 - 2015-09-08RESOLUTION 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 5,100 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 Campbell, Cummings, Sloan NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners U "", ' ", Jir►i Bashaiii` Planning Mmmission Secretary Chairperson Page 4 of 4