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Home My WebLink AboutPC Res 15-21 - 2015-09-08RESOLUTION 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 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. 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 5`h 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 5' 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 11.5.20 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 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.B) 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 multi - 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`h 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 area into a study space within an existing residence on a nonconforming property located at 127 5`h Street. 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 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 15-21 127 5t" 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 Campbell, Cummings, Sloan NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 0 . "% ; nmission Secretary Chairperson Page 4 of 4