HomeMy WebLinkAboutItem 2PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: MAY 2, 2016
SUBJECT: NEW BUSINESS
ITEM
NUMBER
2
REQUEST FOR A MINOR USE PERMIT (MUP 16 -3) TO
ALLOW AN ALTERATION OF INTERIOR WALLS TO
REMODEL BEDROOMS AND A KITCHEN AND TO ADD
ONE BATHROOM ALONG WITH THE ADDITION AND
RELOCATION OF WINDOWS AND DOORS WITHIN A
RESIDENCE THAT IS NONCONFORMING DUE TO
SETBACKS, DENSITY, AND PARKING IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONINGAREA.
LOCATION: 2495 TH Street
APPLICANT: Peter Sokoloff
RECOMMENDATION: After conducting the Public Meeting, staff recommends that
the Planning Commission adopt Resolution No. 16 -8,
APPROVING Minor Use Permit 16 -3 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 -3
2495 1h Street
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199- 146 -16
5435 sq. ft.
2518 sq. ft.
North: Residential High Density (RLD -20)
South: Residential High Density (RLD -20)
East: Residential High Density (RLD -20)
West: Residential High Density (RLD -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 alteration of walls
to remodel the bedrooms and kitchen and add one bathroom along with the addition and
relocation of windows and doors at an existing nonconforming residence where
modifications are required for the renovation.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on April
21, 2016 and mailed to property owners and occupants within a 300' radius of the subject
property on April 21, 2016, with affidavits of publishing and mailing on file.
VICINITY MAP:
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Minor Use Permit 16 -3
249 5' Street
ANALYSIS:
Peter Sokoloff, ( "the applicant ") filed an application for Minor Use Permit 16 -3 requesting
approval for the alteration of less than 25% of interior walls to remodel bedrooms and a
kitchen, and add one bathroom. This request also includes the addition and relocation of
windows and doors on the existing residence on a nonconforming property. The subject
site is located on the west side of 5'h Street between Central Avenue and Marina Drive in
the Old Town area. The parcel is developed with four units consisting of a one story
residence in the front and a two story triplex with an attached one car garage in the rear.
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 density, parking and side yard setbacks.
According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties in the RHD -
20 zone are required to maintain an interior side yard setback that is 10% of the lot width.
The subject property measures approximately 37.5 feet wide by 117.5 feet long. Based on
these dimensions, the development standard requires an interior side setback of 3 feet 9
inches. The front and rear structures have 3' -3" and 3' -5" side yard setbacks.
According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties zoned RHD -
20 are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property
is a 4,406.25 sq. ft. interior parcel with four existing dwelling units. Only two units would be
allowed by the current zoning regulations that pertain to density.
According to Table 11.4.20.015.A.1 of the Seal Beach Municipal Code, residential uses in
the RHD -20 zone are required to provide 2 off - street parking spaces per dwelling unit. The
site contains four dwelling units and, by current code standards, is required to have 8
enclosed parking spaces. However, the site only contains one single -car garage which
makes the site deficient 7 parking spaces.
The applicant is proposing to alter the interior walls in the master bedroom to create a
master bathroom, closet, and area for the washer and dryer. The applicant also intends to
modify the wall between the kitchen and a bedroom in order to remodel the kitchen.
Exterior doors and windows will also be added and moved to accommodate the interior
changes.
The Seal Beach Municipal Code (SBMC § 11.4.40.015.6) allows minor improvements
which involve the removal or alteration to less than 25% of a structure's interior walls,
provided the bedroom /bathroom ratio does not exceed one and one half bathrooms for
each bedroom. The subject building is proposed to have three bedrooms and three
bathrooms. No additional square footage is proposed and additional bedrooms will not be
created and the residence will conform to the provisions of SBMC § 11.4.40.015.B.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 16 -8 approving MUP 16 -3 to permit
the alteration of less than 25% of interior walls to remodel bedrooms and a kitchen, and
add one bathroom along with the addition and relocation of windows and doors in a
residence on a nonconforming property at 249 5th Street.
Paae 3 of 4
Minor Use Permit 16 -3
249 5n Street
Prepared by:
Steve Fowler 'JVn Bash m
Community Development Department Director of Community Development
Attachments:
1. Resolution No. 16-8— A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use
Permit 16 -3, to allow an alteration of less than 25% of interior walls to remodel bedrooms and a kitchen, and
add one bathroom along with the addition and relocation of windows and doors on property that is
nonconforming due density, parking, and setbacks is located in the Residential High Density (RHD -20) zoning
area.
2. Project architectural plans.
3. Site photo.
Paoe 4 of 4
RESOLUTION NO. 16 -8
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 16 -3
TO ALLOW AN ALTERATION OF LESS THAN 25% OF
INTERIOR WALLS TO REMODEL BEDROOMS AND A
KITCHEN, AND TO ADD ONE BATHROOM ALONG WITH THE
ADDITION AND RELOCATION OF WINDOWS AND DOORS ON
PROPERTY THAT IS NONCONFORMING DUE TO DENSITY,
PARKING AND SETBACKS AND IS LOCATED IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT 249
5T" STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Peter Sokoloff ( "the applicants ") submitted an application to the
Community Development Department for Minor Use Permit 16 -3. The proposed project
includes remodeling bedrooms and a kitchen, and the addition of one bathroom along with
the addition and relocation of windows and doors on a property that is nonconforming due to
density, setbacks and parking 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 to remodel the bedrooms, kitchen and add a bathroom along with the
addition and relocation of windows and doors at an existing nonconforming residence where
modifications are required for the renovation.
Section 3. A duly noticed public meeting was held before the Planning
Commission on May 2, 2016 to consider Minor Use Permit 16 -3. 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 applicant submitted an application to the Community Development
Department for Minor Use Permit 16 -3 for a proposed project at 249 5t" Street, Seal Beach,
California.
B. The subject property is rectangular in shape with a lot area of
approximately 4,406.25 square feet. The property is approximately 37.5 feet wide by 117.5
feet deep. The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with a one story residence in
the front unit and a two story triplex with an attached one car garage in the rear. Based on
the existing side yard setbacks, density and parking conditions, the subject property is
considered nonconforming. The proposed improvements will not expand any existing
nonconformity because no new bedrooms or additional habitable square footage are
proposed.
Pagel of 4
Resolution 16 -8
249 5' Street
D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor
improvements which involve the removal or alteration to less than 25% of a structure's
interior walls, provided the bedroom /bathroom ratio does not exceed one and one half
bathrooms for each bedroom. The proposed improvements will result in three bedrooms and
three bathrooms.
E. The applicant is requesting to modify the existing residence on the
nonconforming property through alteration of less than 25% of the interior walls in order to
remodel bedrooms and a kitchen, and to add one bathroom along with the addition and
relocation of windows and doors. The subject property currently has three bedrooms and two
bathrooms. The subject property is proposed to have three bedrooms and three bathrooms.
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
alteration of less than 25% of interior walls in order to remodel bedrooms and a kitchen and
to add one bathroom along with the addition and relocation of windows and doors will not
change the character of the property, will not expand any nonconformity, and will be
consistent with other surrounding properties.
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
alteration of less than 25% of interior walls 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 a one story residence in the front building and a two -story triplex with a one
car garage in the rear and is considered nonconforming due to density, setbacks, and
parking. The alteration of less than 25% of interior walls will not add habitable space and will
maintain development standards applicable to the RHD -20 zone. The improvement will not
increase density or change beyond existing use of 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
Page 2 of 4
Resolution 16 -8
249 5' Street
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 alteration of less than 25% of interior walls will not increase bedrooms, exceed
the bedroom /bathroom ratio authorized under the development standards, or 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.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 16 -3 for alteration of less than 25% of interior walls in order to
remodel bedrooms and a kitchen, and to add one bathroom along with the addition and
relocation of windows and doors is subject to the following conditions:
1. Minor Use Permit 16 -3 is approved for the alteration of less than 25% of interior walls
in order to remodel bedrooms and a kitchen, and to add one bathroom along with the
addition and relocation of windows and doors on a nonconforming property located at
2495 th Street.
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 16 -3. 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. All materials, color, and finishes of the wall finish will be consistent with existing roof
pitches and exterior finishes of the residential dwelling.
5. The existing attic space must remain as storage space and not be utilized as habitable
space.
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 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
Page 3 of 4
Resolution 16 -8
249 e Street
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 May 2, 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
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Appfoant Name. Peter Sokoloff Project AStress3495th5treet
2495th street, Unit A Seal Beach, CA 90740
seal Beacq CA 90740 C.I. : 114 inch =1 foot
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ELEVATION 4
(SOUTH FACING)
249 STH STREET, SEAL BEACH, CA 90740
ELEVATION KEY
02.24.2016
ELEVATION 3
(WEST FACING)
ELEVakTION 1
(EAST FACING)
JAMIreent Name. Peter Sokoloff Pmjed AUnre55: 36951N Street
249 51ff Street, Unit A Seal Beacp, CA W]00
Seal Beall, CA 90740 Scale 114 iata hoot
Date: 02202016
ELEVATION 2
(NORTH FACING)
ELEVATION 1
(EAST FACING)
ELEVATION 2
(NORTH FACING)
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AOCkca l Name: Peter Sokoloff m,-1 A011raaa:N95th 5tr tl
2495NStreel. UmtA Seal Bead. CA 90)60
Seal Beall, CA 90700 Scale: Va loth =1
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Applmni Name: Peter Sokoloff Pe,ect Addreas: 2495M Str
249 51h Street, llnd A Seal Beach, CA 98240
Seal Beach, CA 90240 Scale: 1p inch =1local
Bate: 02/082018
ELEVATION 5
(EASTFACING) SOLIDAWNING
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SETBACK 4'
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Applicant Name Peter Sokdaff Project Address' 2495th Street
249 5th Street Unit A Sea[ Beacr, CA 90740
Seal Beach. CA 90140 Scale 1/4 inch = 1 toot
I Date. 02/082016
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