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HomeMy WebLinkAbout03072016 Combined Agenda PacketCITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday, March 7, 2016 — 7:00 p.m. City Council Chambers 211 Eighth Street Seal Beach, CA 90740 "SEAS'•. e •M r � r r r r i s District 1 — Deb Machen — Vice Chair District 2 — Esther Cummings — Chair District 3 — Michael Thomas District 4 — Patty Campbell District 5 — Mariann Klinger Decartment of Communitv Development Jim Basham, Director Crystal Landavazo, Senior Planner Steven Fowler, Assistant Planner Amy Greyson, Assistant City Attorney j City Hall office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Closed noon to 1:00 p.m. ❑ The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please. telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562) 431 -2527. ❑ Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on- demand on the website. ❑ DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. ❑ Copies of staff reports and /or written materials on each agenda item are available for public inspection in City libraries or on the City website at: http://sealbeachca.suiteofiemedia.com/web/home.aspx PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL: The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission on tonight's agenda may do so during this time period. The Planning Commission may also allow the public to address any other matters within the subject matter jurisdiction of the Planning Commission. No action can be taken by the Planning Commission on these communications on this date, unless agendized. CONSENT CALENDAR: Consent Calendar items are considered routine items that normally do not require separate consideration. The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. SCHEDULED MATTERS: These items are considered by the Planning Commission separately and require separate motions. These transactions are considered administrative and public testimony is not heard. PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in favor of or against agendized items. More detailed information is found in the actual agenda attached. If you have documents to distribute, you should have enough copies for all Planning Commissioners, City staff, and the public. Please give one to the secretary for the City files. The documents become part of the public record and will not be returned. DIRECTOR'S REPORT: Updates and reports from the Director of Community Development (Planning and Building Divisions) are presented for information to the Planning Commission and the public. COMMISSION CONCERNS: Items of concern are presented by the Planning Commissioners and discussed with staff. All proceedings are recorded. City of Seal Beach Planning Commission • Agenda • March 7, 2016 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. CONSENT CALENDAR 1. Approval of Planning Commission Meeting Minutes from January 19, 2016. 2. Approval of Planning Commission Meeting Minutes from February 1, 2016. NEW BUSINESS 3. Minor Use Permit (MUP) 15 -17 215 Ocean Avenue Applicant: Paul Masoner Request: Minor Use Permit (MUP 15 -17) to allow the expansion of an existing rear deck, the addition of a front deck and gazebo in the rear yard of an existing residence, on a nonconforming property in the Residential High Density (RHD -20) zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 16 -6, approving Minor Use Permit 15 -17 with Conditions. City of Seal Beach Planning Commission • Agenda • March 7, 2016 4. Minor Use Permit (MUP) 16 -1 711 Ocean Avenue Applicant: Request: Recommendation PUBLIC HEARING DIRECTOR'S REPORT Paul Geijer Minor Use Permit (MUP 16 -1) to allow the removal of interior walls to convert two bedrooms into one master suite with a walk - in closet and a bathroom within an existing residence, on a nonconforming property in the Residential High Density (RHD- 20) zone. After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 16 -7, approving Minor Use Permit 16 -1 with Conditions. COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to March 21, 2016 at 7:00 p.m. 2016 Agenda Forecast Mar. 21 No items presently scheduled. Apr. 4 No items presently scheduled. PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Director of Community Development MEETING DATE: March 7, 2016 SUBJECT: APPROVAL OF MINUTES ITEM NUMBER 1 RECOMMENDATION: Approve the minutes for the Planning Commission meetings held on January 19, 2016. Prepared by: P pproved by: Attachment: 1. Minutes Basham ctor of Community Development City of Seal Beach — Planning Commission January 19, 2016 Vice Chair Machen called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers and Commissioner Campbell led the Salute to the Flag. ROLL CALL Present: Commissioners: Machen, Thomas, Campbell, Klinger Absent: Commissioners: Cummings Staff Present: Jim Basham, Director of Community Development Amy Greyson, Assistant City Attorney Crystal Landavazo, Senior Planner Steven Fowler, Assistant Planner Robin Roberts, City Clerk APPROVAL OF AGENDA City Clerk Robin Roberts identified changes to the December 7, 2015 Planning Commission Minutes on page 4 and receipt of correspondence in support of Agenda Item 2 from JR Watson and Associates Development Corporation dated January 15, 2016. Motion by Klinger, second by Campbell to approve the Agenda as presented, including the information distributed after the posting thereof. AYES: Machen, Thomas, Campbell, Klinger NOES: None ABSENT: Cummings Motion carried ORAL COMMUNICATIONS Vice Chair Machen opened oral communications. Speakers: None. There being no one present to speak, Vice Chair Machen closed oral communications. CONSENT CALENDAR 1. Approval of Planning Commission Meeting Minutes from December 7, 2015 and January 4, 2016. Motion by Thomas, second by Klinger to receive and file the December 7, 2015 Minutes with corrections as noted and to receive and file the January 4, 2016 Minutes as presented. AYES: Machen, Thomas, Campbell, Klinger NOES: None ABSENT: Cummings Motion carried Page 2 — Planning Commission 1/19/2016 NEW BUSINESS There were no new business items. PUBLIC HEARING 2. Conditional Use Permit (CUP) 15 -9 550 Pacific Coast Highway, Suites 111 and 109 Applicant: Felix Tulay Request: Conditional Use Permit (CUP15 -9) to allow the expansion of an existing restaurant with a Type 47 (Distilled Spirits) alcohol license into an adjacent tenant space- within the General Commercial (GC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 16 -2, Approving Conditional Use Permit 15 -9. Assistant Planner Steve Fowler presented the item and provided a PowerPoint presentation which included property site map, existing and proposed restaurant layout, identifying that parking requirements are met and that there are no changes regarding the type of Alcohol Beverage Control (ABC) licensing. In conclusion Mr. Fowler stated that staff's recommendation is approval of Resolution No. 16 -2, thereby approving conditional Use Permit 15 -9. Commissioner Campbell noted a typographical error on page 1 of proposed Resolution 16 -2 and requested clarification regarding hours of operation. Vice Chair Machen opened the public hearing. Speaker: Applicant Felix Tulay spoke in support of the item and stated that the reason for the change is to optimize the restroom, storage, and office areas. Having no further requests to speak, Vice Chair Machen closed the public hearing. Motion by Thomas, second by Campbell to adopt Resolution No. 16 -2, approving Conditional Use Permit 15 -9. AYES: Machen, Thomas, Campbell, Klinger NOES: None ABSENT: Cummings Motion carried Assistant City Attorney Amy Greyson noted that the 10 day appeal period begins tomorrow. Page 3 — Planning Commission 1/19/2016 3. Conditional Use Permit (CUP) 15 -10 12420 Seal Beach Boulevard Suite A Applicant: Yalla Mediterranean, LLC Request: Conditional Use Permit (CUP15 -10) to serve beer and wine (Type 41 Alcohol License) in conjunction with a restaurant in the General Commercial (GC) zoning area.. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 16 -3, Approving Conditional Use Permit 15 -10. Assistant Planner Fowler presented the item indicating the request to approve a Type 41 Alcohol License. Mr. Fowler noted that the area is currently saturated with ABC licensing, indicated that there will be no consumption of alcohol in the outdoor eating area and provided layout information on where the alcohol will be stored. In conclusion he stated staff's recommendation to approve Resolution 16 -3, approving Conditional Use Permit 15 -10. Commissioner Campbell inquired about provision in the resolution regarding security. Director Basham requested that Condition No. 8 of the resolution be removed from the resolution. Commissioner Thomas inquired about the ABC licensing process. Vice Chair Machen opened the public hearing. Speaker: Representing the applicant, Mr. Hernandez spoke in support of the item and commented that the resolution should reflect that the hours of operation are to be 11 AM to 9 PM daily. Having no further requests to speak, Vice Chair Machen closed the public hearing. Motion by Campbell, second by Thomas to adopt Resolution No. 16 -3 as amended, approving Conditional Use Permit 15 -10. AYES: Machen, Thomas, Campbell, Klinger NOES: None ABSENT: Cummings Motion carried Assistant City Attorney Amy Greyson noted that the 10 day appeal period begins tomorrow. Page 4 — Planning Commission 1/19/2016 4. Conditional Use Permit (CUP) 15 -11 215 Seal Beach Boulevard Applicant: Seretta Fielding and Jim Saunders Request: Conditional Use Permit 15 -11 requesting to increase the number of preschool children from 20 to 22 in an existing preschool at 215 Seal Beach Boulevard located in the LC /RMD (Limited Commercial /Residential Medium Density) zone. Recommendation: Continue the item to the meeting of February 1, 2016. Senior Planner Crystal Landavazo advised the - Commission that applicant has requested that the matter be continued to February 1, 2016. Motion by Klinger, second by Campbell to continue the item to the February 1, 2016 Planning Commission meeting. AYES: Machen, Thomas, Campbell, Klinger NOES: None ABSENT: Cummings Motion carried DIRECTOR'S REPORT Director Basham updated the Planning Commission on the Entertainment Ordinance, indicating that staff met with a consultant today to review the noise monitoring process. COMMISSION CONCERNS There were no Commissioner concerns. ADJOURNMENT With no objections, Vice Chair Machen adjourned the Planning Commission meeting at 7:41 p.m. Approved: Attest: Robin Roberts, City Clerk Deb Machen, Vice Chair Robin Roberts, City Clerk PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Director of Community Development MEETING DATE: March 7, 2016 SUBJECT: APPROVAL OF MINUTES ITEM NUMBER 2 RECOMMENDATION: Approve the minutes for the Planning Commission meetings held on February 1, 2016. Prepared • Attachment: 1. Minutes by: Basham ctor of Community Development City of Seal Beach — Planning Commission February 1, 2016 Chair Cummings called the regular meeting of the Planning Commission to order at 7:02 p.m. in the City Council Chambers and Commissioner Campbell led the Salute to the Flag. ROLL CALL Present: Commissioners: Machen, Cummings, Campbell, Absent: Commissioners: Thomas, Klinger Staff Present: Jim Basham, Director of Community Development Amy Greyson, Assistant City Attorney Crystal Landavazo, Senior Planner Steven Fowler, Assistant Planner Robin Roberts, City Clerk APPROVAL OF AGENDA With no objections, Chair Cummings so ordered the approval of the agenda as presented. ORAL COMMUNICATIONS Chair Cummings opened oral communications. Speakers: None. There being no one present to speak, Chair Cummings closed oral communications. CONSENT CALENDAR There were no Consent Calendar items. NE_ W BUSINESS 1. Minor Use Permit (MUP) 15 -17 215 Ocean Avenue Applicant: Steve Masoner Request: Minor Use Permit (MUP 15 -17) to allow front and rear deck on a residential property that is nonconforming due to setbacks in the RHD -20 (Residential High Density — 20) zone. Recommendation: Continue the item to a date uncertain to allow the applicant to revise the scope of work on the requested Minor Use Permit. Campbell moved, second by Machen, to continue the item to a date uncertain. AYES: Machen, Cummings, Campbell NOES: None ABSENT: Thomas, Klinger Motion carried Page 2 — Planning Commission 2/01/2016 PUBLIC HEARING 2. Conditional Use Permit (CUP) 15 -11 215 Seal Beach Boulevard Applicant: Seretta Fielding and Jim Saunders Request: Conditional Use Permit (CUP 15 -11) to increase the number of preschool children from 20 to 24 in an existing preschool. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 16 -4, approving Conditional Use Permit 15 -11 with Conditions. Senior Planner Crystal Landavazo presented the item and provided a PowerPoint presentation which included a site map and pictures of the property. Ms. Landavazo stated that the subject property is zoned in a Limited Commercial — Residential Medium Density (LC -RMD) location. She noted that one written correspondence was received in opposition of the item. She then summarized information provided in the staff report concluding that staff recommends approval of Resolution No. 16 -4, approving Conditional Use Permit 15 -11 with Conditions. (Resolution of the Seal Beach Planning Commission Approving Conditional Use Permit 15 -11 to Increase the Number of Preschool Children from 20 to 24 in an Existing Preschool and Superseding Planning Commission Resolution No. 15 -19 (Cup 15 -6) At the inquiry of Commissioner Campbell, Assistant City Attorney Amy Greyson clarified that Resolution 16 -4 was correct as submitted, noting that findings and conditions to those findings are both required in the resolution. Chair Cummings opened the public hearing. Speakers: Seretta Fielding, Dr. Nancy Wilson, Lindsay Gardner and Elva Rhode spoke in support of approving the item. Moved by Campbell, second by Machen, to continue the item to a date uncertain. AYES: Machen, Cummings, Campbell NOES: None ABSENT: Thomas, Klinger Motion carried Assistant City Attorney Greyson stated that the 10 day appeal period begins tomorrow. Page 3 — Planning Commission 2/01/2016 3. Conditional Use Permit for Planned Sign Program (PSP) 15 -1 13001 Seal Beach Boulevard Applicant: Machan Sign Co. on behalf of Mitchell Land Co. Request: Conditional Use Permit for Planned Sign Program (PSP 15 -1) to establish a master sign program for a commercial office building. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 16 -5, approving a Conditional Use Permit for a Planned Sign Program 15 -1 with Conditions. Senior Planner Crystal Landavazo presented the item and provided a PowerPoint presentation which included a site map and pictures of the property. She noted that this matter was to approve a proposed Planned Sign Program which will assist in identifying the tenants of the property. In conclusion Ms. Landavazo stated staff recommends approval of Resolution No. 16 -5, approving a Conditional Use Permit for a Planned Sign Program 15 -1 with Conditions. (Resolution No. 16 -5, Resolution of the Seal Beach Planning Commission Approving a Conditional Use Permit for a Planned Sign Program 15 -1 (PSP 15- 1) to Establish a Master Sign Program for a Commercial Office Building at 13001 Seal Beach Boulevard) Chair Cummings opened the public hearing. Speakers: Johnny Matidiere of the Machan Sign Company, representing the Mitchell Land Company spoke in support of the item. At the inquiry of Chair Cummings, Mr. Matidiere stated that they could make the numbering of the building be consistent with the signage. Having no further requests to speak, Chair Cummings closed the public hearing. Director Basham noted the additional condition.. Moved by Campbell, second by Machen, to adopt Resolution No. 16 -5, approving a Conditional Use Permit for a Planned Sign Program 15 -1 with Conditions, including the additional condition that the address numbers on the building must match the material and style of the approved wall signs. AYES: Machen, Cummings, Campbell NOES: None ABSENT: Thomas, Klinger Motion carried Page 4 — Planning Commission 2/01/2016 DIRECTOR'S REPORT Director Basham stated that there was nothing to report. COMMISSION CONCERNS There were no Commissioner concerns. ADJOURNMENT With no objections, Chair Cummings adjourned the Planning Commission meeting at 7:32 p.m. Approved: Attest: Robin Roberts, City Clerk Esther Cummings, Chair Robin Roberts, City Clerk TO: FROM: MEETING DATE: SUBJECT: LOCATION: APPLICANT: PLANNING COMMISSION STAFF REPORT ITEM NUMBER 3 Planning Commission Director of Community Development MARCH 7, 2016 NEW BUSINESS REQUEST FOR MINOR USE PERMIT 15 -17 TO ALLOW THE EXPANSION OF AN EXISTING REAR DECK, THE ADDITION OF A FRONT DECK AND NEW GAZEBO IN THE REAR YARD OF A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONING AREA. 215 Ocean Avenue PAUL MASONER RECOMMENDATION: After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 16 -6, APPROVING Minor Use Permit 15 -17 with Conditions. GENERAL PLAN DESIGNATION: ZONE: SITE DESCRIPTION: Assessor's Parcel Number: Lot Area: Gross Floor Area: Surrounding Properties: ENVIRONMENTAL ASSESSMENT: Minor Use Permit 15 -17 215 Ocean Avenue RESIDENTIAL HIGH DENSITY RHD -20 (RESIDENTIAL HIGH DENSITY) 199- 146 -16 5435 sq. ft. 2518 sq. ft. North: Residential High Density (RHD -20) South: Residential Low Density (RLD -9) East: Residential High Density (RHD -20) West: Residential High Density (RHD -20) 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 alterations to an existing rear deck and addition of a front deck and gazebo on an existing residence where only minor modifications are required for the renovation. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on February 25, 2016 and mailed to property owners and occupants within a 300' radius of the subject property on February 25, 2016, with affidavits of publishing and mailing on file. %11f%1K11TV 11A A M. V %.F I'm 1 1 1r1mr -. c;Ly Of seal seacii e y �yhl I1 1111111►'i/_1:9 Page 2 of 4 r k Minor Use Permit 15 -17 215 Ocean Avenue BACKGROUND: On June 15, 2015, Minor Use Permit 15 -2 was approved by the Planning Commission through Resolution 15 -12 for the conversion of an existing second floor storage room into a new bathroom, the remodel of a master bedroom suite, and the removal of the first floor dining room walls in a single - family residence on a nonconforming property. On July 6, 2015 Minor Use Permit 15 -9 was approved by the Planning Commission through Resolution 15 -14 for the alteration of an existing front porch cover, extension of an existing second floor covered deck, and a new rear deck platform 2 feet above grade on the same property. ANALYSIS: Paul Masoner, ( "the applicant ") filed an application for Minor Use Permit 15 -17 requesting approval to allow the expansion of an existing rear deck, the addition of a front deck and the addition of a gazebo in the rear yard of a nonconforming property in the Residential High Density (RHD -20) zoning area. The subject site is located on the northwest corner of Ocean Avenue and 3rd Street in the Old Town area. The parcel is developed with a two story single family residence and a detached two car garage. The subject site is located in the RHD -20 zone and is surrounded by residential uses on all sides. The subject property is nonconforming due to the corner side yard and rear yard setbacks. According to Table 11.2.05.015 of the Seal Beach Municipal Code, corner lot properties in the RHD -20 zone are required to maintain a street side yard setback that is 15% of the lot width and a rear yard setback that is 24 feet minus alley width. The subject property measures approximately 50 feet wide by 110 feet long. Based on these dimensions, the development standard requires a street side setback of 7 feet 6 inches and a rear setback of 9 feet. The detached garage has a rear setback of 1 foot and the residence has a street side setback of 6 feet. The applicant is proposing to extend the existing rear yard deck so it will continue across the entire width of the residence. The additional deck area, 14 feet by 7 feet, will result in an increase of 98 square feet to the rear deck. The proposal also includes the addition of an approximately 108 square foot prefabricated gazebo at the rear of the lot and the addition of approximately 299 square feet of area that is 15 inches above grade in the front yard. The proposed decks and new gazebo will result in total lot coverage of 57.9 %, which is less than the maximum 75% lot coverage that is permitted in the RHD -20 zone. The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows minor improvements which involve the alteration or addition of roofs, balconies and porches to nonconforming properties. No new bedrooms or habitable space will be created. No additional work is proposed beyond the exterior alterations requested as part of this Minor Use Permit. The exterior alterations proposed are consistent with accessory structures permitted on single family residential properties and do not intensify the existing nonconformity on the property because the accessory structures will maintain all required setbacks. The Seal Beach Municipal Code permits non - habitable accessory structures such as decks and gazebos in residential zones. Page 3 of 4 Minor Use Permit 15 -17 215 Ocean Avenue CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 16 -6 approving MUP 15 -17 to allow the expansion of an existing rear deck, the additio�gf a front deck and the addition of a gazebo in the rear yard, on a nonconforming prop rt at 215 Ocean Avenue. Prepared by: Steve Fowler 4D�ii' Assistant Planner - Community Development of Community Development Attachments: 1. Resolution No. 16 -6 — A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use Permit 15 -17 to allow the expansion of an existing rear deck, the addition of a front deck and the addition of a gazebo in the rear yard, on a nonconforming property at 215 Ocean Avenue. 2. Project architectural plans. 3. Site photo. Page 4 of 4 RESOLUTION NO. 16 -6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15 -17 TO ALLOW THE EXPANSION OF AN EXISTING REAR DECK, THE ADDITION OF A FRONT DECK AND GAZEBO IN THE REAR YARD OF AN EXISTING RESIDENCE ON A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONING AREA AT 215 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Paul Stephen Masoner ( "the applicant ") submitted an application to the Community Development Department for Minor Use Permit 15 -17. The proposed project includes the expansion of an existing rear deck, the addition of a front deck and the addition of a gazebo in the rear yard of a nonconforming property 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 an expansion to an existing rear deck and addition of a front deck and gazebo on an existing residence where only minor modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on March 7, 2016 to consider Minor Use Permit 15 -17. 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. The subject property is rectangular in shape with a lot area of approximately 5,435 square feet. The property is approximately 50 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. B. The subject property is currently developed with a two story single family residence and a detached two car garage at the rear. Based on the existing setback conditions, the subject property is considered nonconforming because the detached garage does not maintain the required rear yard setback and the residence does not maintain the required street side yard setback. The proposed improvements will not expand any existing nonconformity because no alterations are proposed for the garage or residence. The proposed decks and gazebo will maintain all setbacks applicable to residential accessory structures. C. The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows minor improvements, the alteration or addition of roofs, balconies and porches of nonconforming properties. The proposed decks and new gazebo are considered Page 1 of 1 Resolution 16 -6 215 Ocean Avenue residential accessory structures that are consistent with the use and development of other single family residences throughout the City. These accessory structures are open and do not add habitable space to the property. D. The applicant is requesting to modify the existing residence on the nonconforming property through expansion of an existing rear deck, the addition of a front deck and the addition of a gazebo in the rear yard. The subject site will have a lot coverage of 57.9% after the installation of the decks and gazebo which is less than the 75% lot coverage maximum permitted in the RHD -20 zone. No new bedrooms 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 minor improvements 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 expansion of the existing rear yard deck, addition of a front deck, and the addition of a prefabricated gazebo on a nonconforming property will not expand any nonconformity and will be consistent with other surrounding properties. The property is nonconforming because the detached garage does not meet the required rear yard setback and the residence does not meet the required street side setback. The proposed work does not affect the garage or the residence itself. The proposed decks and gazebo are residential accessory structures that will meet setback requirements applicable to accessory structures. B. The proposed use 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 minor improvement such as the alteration or addition of roofs, decks and porches to nonconforming properties with approval of a Minor Use Permit. C. The proposed use, 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 one single family residence and is considered nonconforming due to setbacks only. The expansion of an existing rear deck, addition of a front deck, and the addition of a gazebo in the rear yard, will not add habitable space and will maintain development standards applicable to the RHD -20 zone. The proposed decks and gazebo are considered residential accessory structures that are consistent with the development and use of single family residential properties throughout the City. The improvements will not increase density or cause a change beyond existing use of property whereas the accessory structures are located in the front and rear yard which Page 2 of 4 Resolution 16 -6 215 Ocean Avenue are maintained for the use of residents living within the residence on the subject property. D. The location, size, design, and operating characteristics of the proposed use, 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 not change existing operating characteristics of the single family residence, and will remain similar to surrounding uses throughout RHD -20. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The addition of a new front deck, extension of an existing rear deck, and an addition of a gazebo on the rear yard, will not increase bedrooms, or intensify use on the property. The lot coverage on the subject site will not exceed the maximum lot coverage permitted in the RHD -20 zone. The proposed decks and gazebo are residential accessory structures that are consistent with the use of single family residential properties throughout the City. 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 -17 for expansion of an existing rear deck, the addition of a front deck and the addition of a gazebo in the rear yard, on a nonconforming property subject to the following conditions: 1. Minor Use Permit 15 -17 is approved for the expansion of an existing rear deck, the addition of a front deck and the addition of a gazebo in the rear yard, on a nonconforming property located at 215 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 15 -17. All new construction shall comply with all applicable state and local codes. I The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. All materials, color, wall finishes and roof material must be consistent with existing material and exterior finishes of the residential dwelling. 6. 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. 7. 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 Page 3 of 4 Resolution 16 -6 215 Ocean Avenue 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 March 7, 2016, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Jim Basham Planning Commission Secretary Esther Cummings Chairperson Page 4 of 4 w U Z W Q W Z O 65 fES Z95�wo�Jdlsapsauoliwi0!wl OZL06 VJ'soliwelV SOta^u(111ooN rye(] II<i N91s-1u - Iv11NduIsIN m4Lm6 VO 'VNV'a �V3S S 3 N 0( I N O 10 and NV300 511 30N341S3?� J3NO97W 3H1 .._...�,...........�� .,lo! 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GENERAL PLAN DESIGNATION: ZONE: SITE DESCRIPTION: Assessor's Parcel Number: Lot Area: Gross Floor Area: Surrounding Properties: ENVIRONMENTAL ASSESSMENT: Minor Use Permit 16 -1 711 Ocean Avenue RESIDENTIAL HIGH DENSITY RHD -20 (RESIDENTIAL HIGH DENSITY) 199- 033 -13 4125 sq. ft. 5548 sq. ft. North: Residential High Density (RHD -20) South: Residential Low Density (RLD -9) East: Residential High Density (RHD -20) West: Residential High Density (RHD -20) 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 removal of interior walls to convert two bedrooms into one master suite within an existing residence where only minor modifications are required for the renovation. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on February 25, 2016 and mailed to property owners and occupants within a 300' radius of the subject property on February 25, 2016, with affidavits of publishing and mailing on file. \ /It�IAIITV RA A n. AERIAL MAP: Ilk, :F �1 r � Page 2 of 3 { Minor Use Permit 16 -1 711 Ocean Avenue ANALYSIS: Paul Geijer, ( "the applicant ") filed an application for Minor Use Permit 16 -1 requesting approval to permit the removal of interior walls to convert two bedrooms into one master suite within an existing residence located on a nonconforming property in the Residential High Density (RHD -20) zoning area. The subject site is located on the north side of Ocean Avenue between 7th and 8th Street in the Old Town area. The parcel is developed with a three story single family residence with an attached two car garage. The subject site is located in the RHD -20 zone and is surrounded by residential uses on all sides. The subject property is nonconforming because the number of stories and maximum building height of the existing residence exceeds the current limit for the zoning area. According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties in the RHD - 20 zone are required to maintain a maximum height limit of 25 feet and are only allowed to contain two stories. The current floor plan configuration has 3 stories and the height of the structure measures approximately 35 feet, 10 feet above the maximum height allowed. The residence was in compliance with all zoning regulations at the time that it was built in 2002, however, codes have since changed and it is now considered nonconforming. The applicant is proposing to remove interior walls at the rear portion of the second floor to convert two bedrooms into one master suite within the existing residence. No additional square footage will be added to the residence and the new floor plan will decrease the number of bedrooms from 5 to 4, including the guest room. The proposal also includes the remodel of an existing bathroom by adding an additional sink and closet. The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows minor improvements which involve the alteration of interior wall modifications and remodeling which involves removal of or structural alteration to less than 25% of the structure's interior walls to nonconforming properties. The proposed interior alteration alters less than 25% of interior walls. No new bedrooms or habitable space will be created. No additional work is proposed beyond the interior alterations requested as part of this Minor Use Permit. The residence will continue to be used as a single family residence. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 16 -7 approving MUP 16 -1 to allow the removal of interior walls to convert two bedrooms into one master suite within an existing residence, on a nonconforming property ,�t -711 Ocean Avenue. Prepared by: S Fowler Assistant Planner - Community Development Attachments: n Basham 1' rector of Community Development 1. Resolution No. 16 -7 —A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use Permit 16 -1 to permit the removal of interior walls to convert two bedrooms into one master suite within an existing residence on a nonconforming property at 711 Ocean Av. 2. Floor plans. 3. Site photo. Page 3 of 3 RESOLUTION NO. 16 -7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 16 -1 TO ALLOW THE REMOVAL OF INTERIOR WALLS TO CONVERT TWO BEDROOMS INTO ONE MASTER SUITE WITH A WALK -IN CLOSET AND BATHROOM IN AN EXISTING RESIDENCE LOCATED ON A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT 711 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Paul Geijer ( "the applicant ") submitted an application on behalf of property owner Daren Collins to the Community Development Department for Minor Use Permit 16 -1. The proposed project includes the removal of interior walls to convert two bedrooms into one master suite within an existing residence that is nonconforming due to exceeding the maximum number of stories and height limit 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 removal of interior walls to convert two bedrooms into one master suite within an existing residence where only minor modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on March 7, 2015 to consider Minor Use Permit 16 -1. 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. The subject property is rectangular in shape with a lot area of approximately 4,125 square feet. The property is approximately 37.5 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. B. The subject property is currently developed with a three -story single family residence and an attached two -car garage. Due to the existing residence's height of 35 feet and three stories, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity. C. The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows minor improvements which involve the alteration of interior wall modifications and remodeling which involves removal of or structural alteration to less than 25% of the Page 1 of 1 Resolution 16 -7 711 Ocean Avenue structure's interior walls to nonconforming properties. The reconfiguration of the floor plan is consistent with the provisions of this section. D. The applicant is requesting to modify the existing residence on the nonconforming property through alteration of interior walls in order to convert two bedrooms into one master suite with no additional square footage added to the residence and the new floor plan will decrease the number of bedrooms from 5 to 4, including the guest room. The proposal also includes the remodel of an existing bathroom by adding an additional sink and closet. 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 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 reduce the number of bedrooms will not expand any nonconformity. 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 minor improvement such as alteration of less than 25% of interior walls with approval of a Minor Use Permit. The proposed interior alteration alters less than 25% of interior walls. 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 three -story single - family residence and an attached two -car garage and is considered nonconforming due to exceeding maximum building height and exceeds the allowable number of stories. The alteration of interior walls to reduce the number of bedrooms from 5 to 4 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 Page 2 of 4 Resolution 16 -7 711 Ocean Avenue reduce the number of bedrooms on site, and will remain consistent with surrounding uses throughout RHD -20. 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 reduction of bedrooms will decrease the number of bedrooms and 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 16 -1 for alteration of interior walls in order to convert two bedrooms into a master suite by modifying the floor plan of the three -story residence subject to the following conditions: 1. Minor Use Permit 16 -1 is approved for the alteration of interior walls in order to convert two bedrooms into one master suite within an existing residence on a nonconforming property located at 711 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 16 -1. 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 16 -7 711 Ocean Avenue PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on March 7, 2016, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Jim Basham Planning Commission Secretary Esther Cummings Chairperson Page 4 of 4 yc11 —viW 4+x) 0 ✓�J- GO nar yAl qGl 1SSC� e r i e 2 U, too R.��$'ldFx'�6�1;. ? +S,I I- h•19".��1, lPUJ N 2-F9 LIO va'3Lr +.o -1"Y] (-4 %19, fa {AN 7n�l N^��dW ova 215 S..L� k I I�7JV ?i3r 13 J e It !� ��� I� � ~� � �!� !'� ➢�Y tl�� �� si '� �Bli�9- �!' �� °9 � °�l l�� �i �l6 � aI�� i�l�r� f�i� 11i 1 Il �P A �if d b >< a r- 1h .11. � � tla Ali., LLI i �jj i'111111 ji i M11, AMM 11, Hill Jill a 9 ' AN VID O 3 A� � $p a8F a8 39 � alaw�j� s A�dd� I • 1 , I Vb I r I IL e �• 4 Z 7 � 4 I I s } J �\ o .r } d 1U U j r �a3 9 .s— _4 WT m 1 taxi sT F Ar ~Y� µ� ati j - r M } f IC „°2 iry ru11f r O di. 1 uF N YV VC y°,1{ ll`iii £ a"g4 ['a 14 ? w , . 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