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Home My WebLink AboutPC Res 16-08 - 2016-05-02RESOLUTION 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 5TH 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 5th 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. Page 1 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 Ih 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 5' 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 Campbell, Klinger, Machen, Thomas NOES: Commissioners ABSENT: Commissioners Cummings ABSTAIN: Commissioners ATTEST: J Commission Secretary -41- L J&Z %6 � Deb Machen Vice Chairperson Page 4 of 4