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HomeMy WebLinkAboutItem 4TO: FROM: MEETING DATE: SUBJECT: LOCATION: APPLICANT: PLANNING COMMISSION STAFF REPORT Planning Commission ITEM NUMBER 4 Director of Community Development MARCH 7, 2016 NEW BUSINESS REQUEST FOR 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 ON A NONCONFORMING PROPERTY 711 Ocean Avenue PAUL GEIJER RECOMMENDATION: After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 16 -7, APPROVING Minor Use Permit 16 -1 with Conditions. 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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