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HomeMy WebLinkAboutPC Res 16-14 - 2016-07-18RESOLUTION 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 B & D are one bedroom units located on the second floor, Unit C is a two- bedroom unit located on the second floor, and Unit A is a one - 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 nonconforming. The proposed improvements Page 1 of 4 Resolution 16 -14 211 12°i Street will not expand any existing nonconformity because no new bedrooms or additional habitable square footage are proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.6) 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 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 12t" 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 -14 211 126 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 V-) ABSTAIN: Commissioners Q CA) er) m Basham lanning Commission Secretary �i(At iw J l /J Esther Cummings Chairperson Page 4 of 4