HomeMy WebLinkAboutItem 2TO:
FROM:
MEETING DATE:
SUBJECT:
LOCATION:
APPLICANT:
RECOMMENDATION
PLANNING COMMISSION
STAFF REPORT
Planning Commission
Director of Community Development
JULY 18, 2016
NEW BUSINESS
ITEM
NUMBER
2
REQUEST FOR A MINOR USE PERMIT (MUP 16 -5) TO
ALLOW THE ALTERATION OF INTERIOR WALLS AND
CHANGE EXTERIOR DOORS IN AN EXISTING FOUR
UNIT APARTMENT BUILDING WHICH IS
NONCONFORMING DUE TO DENSITYAND PARKING IN
THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING
AREA.
211 12TH Street
Hratch & Araz Ghararian
After conducting the Public Meeting, staff recommends that
the Planning Commission adopt Resolution No. 16 -14,
APPROVING Minor Use Permit 16 -5 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 -5
211 12' Street
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199 - 073 -10
3,303 sq. ft.
3,939 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)
Environmental Review: 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 the interior and exterior of an existing apartment building 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 July
7, 2016 and mailed to property owners and occupants within a 300' radius of the subject
property on July 7, 2016, with affidavits of publishing and mailing on file.
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Paoe 2 of 4
Minor Use Permit 16 -5
211 12'n Street
ANALYSIS:
Hratch & Araz Ghararian, ( "the applicants ") filed an application for Minor Use Permit 16 -5
requesting approval to alter less than 25% of interior walls to remodel a four unit apartment
building that is nonconforming due to setbacks, density and parking. The subject site is
located on the south west corner of 12th Street and Electric Avenue in the Old Town area.
The parcel is developed with four units consisting of a two -story structure with three units
on the second floor and one unit on the first floor with 5 enclosed parking spaces. The
subject site is located in the RHD -20 zone and is surrounded by residential uses on all
sides.
The applicants are requesting to remodel the interior of the four existing units to provide a
more usable layout within the existing apartment building. This request also includes the
changing of windows and exterior doors on the existing nonconforming multi - family
residential property. Units A, B, & D are one bedroom units located on the second floor
while Unit C is a two- bedroom unit located on the first floor. The first floor is also developed
with a common game room and restroom.
Table 11.2.05.015 of the Seal Beach Municipal Code, states that properties zoned RHD -20
are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property is
a 3,303 sq. ft. corner parcel with four existing dwelling units. Only one unit would be
allowed by the current zoning regulations that pertain to density.
The subject property is nonconforming due to density, parking and setbacks. Table
11.2.05.015 of the Seal Beach Municipal Code, states that properties in the RHD -20 zone
are required to maintain a street side yard setback that is 15% of the lot width. The subject
property is trapezoid shaped with an average lot width of 47 feet 9 inches. This lot width
requires a street side setback of 7 feet 2 inches. However, the front of the structure only
has a 6 foot street side setback and increases to 7 feet 2 inches at approximately 13 feet
from the front of the structure. Table 11.2.05.015 of the Seal Beach Municipal Code also
requires structures in this zone to maintain a minimum 6 foot front yard setback and a 9
foot rear yard setback. The front yard setback on the subject site is only 5 feet 10 inches
and the rear yard setback is 4 feet. The subject site does not provide the required front,
rear, or street side setback.
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 which require 8 enclosed parking spaces by current code
regulations. However, the site only provides two two -car garages and one single -car
garage which makes the site deficient 3 parking spaces.
The applicant proposes to alter the interior walls in all four units to increase the size of the
kitchens and bathrooms. The applicant also proposes to remove an exterior wall, between
an exterior landing and a balcony, so that exterior entryways can be relocated to provide
easier access to the three upstairs units. Exterior doors and windows will be added and
moved to accommodate the interior changes. Most of the proposed alterations will occur
on the second floor as the first floor consists primarily of garages and an existing game
room. Interior walls separating units will not be altered to change the unit sizes or
configurations.
Paoe 3 of 4
Minor Use Permit 16 -5
211 12' Street
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 subject building is proposed to have three units with one bedroom and
one unit with two bedrooms. Each unit will have one bathroom. No additional square
footage is proposed, additional bedrooms will not be created. The proposed remodel
involves the removal or alteration to less than 25% of the structure's interior walls. The
residences will conform to the provisions of SBMC § 11.4.40.015.B.
CONCLUSION:
After conducting the public meeting and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 16 -14 approving MUP 16 -5 to permit
the alteration of less than 25% of interior walls to r odel the interior of the four existing
units to provide a more usable layout for an existi g partment building and relocation of
windows and doors in a nonconforming multi -fami y re idential property at 211 12�h Street.
Prepared by:
Steve Fowler
Community Development Department
n/
Director of Community Development
Attachments:
1. Resolution No. 16 -14 —A Resolution of the Planning Commission of the City of Seal Beach,
Approving Minor Use Permit 16 -5, to allow an alteration of less than 25% of interior walls to
remodel the interior of four existing units within an existing apartment building along with the
addition and relocation of exterior windows and doors on property that is nonconforming due
to density, parking, and setbacks is located in the Residential High Density (RHD -20) zoning
area.
2. Project architectural plans.
3. Site photo.
Pace 4 of 4
RESOLUTION NO. 16 -14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 16 -5
TO ALLOW THE ALTERATION OF INTERIOR WALLS AND
CHANGE EXTERIOR WINDOWS AND DOORS IN AN EXISTING
FOUR UNIT APARTMENT BUILDING WHICH IS
NONCONFORMING DUE TO DENSITY AND PARKING IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA
LOCATED AT 211 12TH STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Hratch & Araz Ghararian ( "the applicants ") submitted an
application to the Community Development Department for Minor Use Permit 16 -5. The
proposed project includes remodeling interior walls to increase the size of kitchens, improve
entryways and replace or relocate 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 alterations to the interior and exterior of an existing apartment building where only minor
modifications are required for the renovation.
Section 3. A duly noticed public meeting was held before the Planning
Commission on July 18, 2016 to consider Minor Use Permit 16 -5. At the public meeting, the
Planning Commission received into the record all evidence and testimony provided on this
matter. The record of the meeting indicates the following:
A. The applicant submitted an application to the Community Development
Department for Minor Use Permit 16 -5 to allow the removal of interior walls, improve
entryways into the existing four units and replace and relocate windows and doors at 211 12th
Street, Seal Beach, California.
B. The subject property is trapezoid in shape with a lot area of
approximately 3,303 square feet. The property is approximately 36.5 feet wide in the front
and 59 feet wide in the rear by 70.5 feet deep on the south side and approximately 74 feet
deep along Electric Avenue. The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with four units consisting of a
two -story structure with three units on the second floor and one unit on the first floor with 5
enclosed parking spaces. Units A, B, & D are all one bedroom units located on the second
floor and Unit C is a two- bedroom unit located on the first floor. The first floor is also
developed with a game room and restroom. Based on the existing front, street side, and rear
yard setbacks, density and parking conditions, the subject property is considered
Page 1 of 4
Resolution 16 -14
211 12' Street
nonconforming. The proposed improvements will not expand any existing nonconformity
because no new bedrooms or additional habitable square footage are proposed.
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 units containing
one bedroom and one bathroom in each unit and the fourth unit will contain two bedrooms
and one bathroom.
E. The applicant is requesting to modify the existing residential units on the
nonconforming property through alteration of less than 25% of the interior walls in order to
enlarge existing bathrooms and kitchens, and removing an exterior wall to relocate entry
doors and exterior windows. Interior walls separating the units will not be moved to
reconfigure or enlarge the existing units. The subject property currently has a total of four
bedrooms and four bathrooms including the restroom in the game room. The subject
property is proposed to maintain that ratio. 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, bathrooms and
kitchens 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 11.4.40.015.6) allows minor improvement such as
alteration of less than 25% of interior walls with approval of a Minor Use Permit. The subject
site will continue to operate as a residential use which is consistent with the zone in which it
is located.
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 two -story four -unit apartment building with a pair of two car garages and
one single -car garage 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.
Page 2 of 4
Resolution 16 -14
211 12'" Street
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 multi - family residential building, 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 -5 for alteration of less than 25% of interior walls in order to
remodel bedrooms, bathrooms and kitchens, along with the addition and relocation of
windows and doors is subject to the following conditions:
1. Minor Use Permit 16 -5 is approved for the alteration of less than 25% of interior walls
in order to remodel bedrooms, bathrooms and kitchens, along with the addition and
relocation of windows and doors on a nonconforming property located at 211 12h
Street.
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 16 -5. 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 game room must remain as a game room and cannot 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, and by signing the Acceptance of Conditions agrees to, 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
Page 3 of 4
Resolution 16 -14
211 12'" Street
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 July 18, 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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