HomeMy WebLinkAboutPC Res 16-07 - 2016-03-07RESOLUTION 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.B) 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
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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
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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.
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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
0
Basham '
ming Commission Secretary
4L 4 &e �A
Esther Cummings
Chairperson
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