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HomeMy WebLinkAboutPC Res 15-23 - 2015-10-05RESOLUTION 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 1523 1413 Ocean Avenue 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 October 5, 2015, by the following vote: AYES: Commissioners Klinger, Campbell, Thomas, Cummings, Machen NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ing Commission Secretary Esther Cummings Chairperson Page 4 of 4