HomeMy WebLinkAboutItem 5PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: FEBRUARY 21, 2017
SUBJECT: NEW BUSINESS
ITEM
NUMBER
5
REQUEST FOR A MINOR USE PERMIT (MUP 17 -1) TO
ALLOW THE ALTERATION OF INTERIOR WALLS, ADD
A FRONT PORCH, A DECK AND REPLACE A WINDOW
WITH A FRENCH DOOR IN AN EXISTING SINGLE -
FAMILY RESIDENCE ON A PROPERTY WHICH IS
NONCONFORMING DUE TO PARKING AND SETBACKS
IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING
AREA.
LOCATION: 221 15TH Street
APPLICANT: Thomas Garland
RECOMMENDATION: After conducting the Public Meeting, staff recommends that
the Planning Commission adopt Resolution No. 17 -4,
APPROVING Minor Use Permit 17 -1 with Conditions.
GENERAL PLAN DESIGNATION
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Minor Use Permit 17 -1
221 15' Street
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
043 - 132 -08
5,000 sq. ft.
1,990 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 alterations to the
interior and exterior of an existing residential property where only minor modifications are
required for the renovation and the addition to the existing structure will not result in an
increase of more than 50% of the floor area or 2,500 sq. ft..
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
February 9, 2017 and mailed to property owners and occupants within a 300' radius of the
subject property on February 9, 2017, with affidavits of publishing and mailing on file.
VICINITY MAP: i
A=MIAI RAwn.
Page 2 of 4
Minor Use Permit 17 -1
221 15" Street
ANALYSIS:
Thomas Garland, ( "the applicant ") filed an application for Minor Use Permit 17 -1 requesting
approval for the alteration of less than 25% of interior walls to remodel the interior of the
existing single - family residence to provide a more open kitchen and extend the porch, add
a deck and remove a window and replace it with a French door on the front of the
residence that is nonconforming due to setbacks, and parking. The subject site is located
on the west side of 15`h Street and between Electric Avenue and Ocean Avenue in the Old
Town area. The parcel is developed with a single - family residence and a guest house with
a detached two -car garage. 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 parking and setbacks. According to Table
11.2.05.015 of the Seal Beach Municipal Code, properties in the RHD -20 zone are required
to maintain a side yard setback that is 10% of the lot width. The subject property is
rectangular in shape with a lot width of 50 feet. Based on this dimension, the development
standard requires a side setback of 5 feet. The primary residence in the front of the
property meets the side yard setback as the setback is 8 feet on each side but the garage
and guest house both have side yard setbacks that are only 3 feet. These structures will
not be altered in the remodel.
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
subject site contains two dwelling units and, by current code standards, is required to have
4 enclosed parking spaces. However, the site only contains a two -car garage which makes
the site deficient by 2 parking spaces.
The applicant is proposing to remove an interior wall in the primary residence to provide an
open kitchen layout. The applicant is also proposing to extend the porch, add a deck and
replace a window with a French door on the front of the residence. Exterior windows will
also be added to complete the exterior changes.
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 no additional bedrooms or
bathrooms and will conform to this provision. This code section also allows for minor
exterior improvements such as decks, door and window changes through the approval of a
Minor Use Permit. The alterations proposed on the subject site are consistent with the
provisions of this code.
Page 3 of 4
Minor Use Permit 17 -1
221 15fb Street
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 17 -4 approving MUP 17 -1 to permit
the alteration of less than 25% of interior walls to remodel the interior of the existing single -
family residence to provide a more open kitchen and extend the porch, add a deck and
remove a window and replace it with a French door in a residence on a nonconforming
property at 221 15th Street.
Prepared by:
Steve Fowler
Community Development Department
Attachments:
1. Resolution No. 17 -4 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use
Permit 17 -1, to allow an alteration of less than 25% of interior walls to remodel the interior of the existing single -
family residence and extend the porch, add a deck and replace a window with a French door on a property that
is nonconforming due to parking, and setbacks is located in the Residential High Density (RHD -20) zoning area.
2. Project architectural plans.
Page 4 of 4
RESOLUTION NO. 17 -4
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 THE INTERIOR OF THE
EXISTING SINGLE - FAMILY RESIDENCE AND EXTEND THE
PORCH, ADD A DECK AND REPLACE A WINDOW WITH A
FRENCH DOOR ON THE FRONT OF THE RESIDENCE ON A
PROPERTY THAT IS NONCONFORMING DUE TO PARKING
AND SETBACKS AND IS LOCATED IN THE RESIDENTIAL
HIGH DENSITY (RHD -20) ZONING AREA AT 221 15TH STREET
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Thomas Garland ( "the applicant') submitted an application to the
Community Development Department for Minor Use Permit 17 -1. The proposed project
includes remodeling the interior of the existing single- family residence to provide an open
kitchen and extend the porch, add a deck and replace a window with a French door on the
front of the residence that is nonconforming due to 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 residential property where only minor
modifications are required for the renovation and the addition to the existing structure will not
result in an increase of more than 50% of the floor area or 2,500 sq. ft.
Section 3. A duly noticed public meeting was held before the Planning
Commission on February 21, 2017 to consider Minor Use Permit 17 -1. At the public meeting,
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 17 -1 for a proposed project at 221 15th Street, Seal Beach,
California.
B. The subject property is rectangular in shape with a lot area of
approximately 5,000 square feet. The property is approximately 50 feet wide by 100 feet
deep. The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with a single - family
residence and a guest house with a detached two -car garage. Based on the existing side
yard setbacks 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 17 -4
221 15' 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. This code section also permits the addition of non - habitable
accessory structures such as decks, and the change -out of exterior doors and windows.
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 the interior of the existing single - family residence to provide a more open kitchen
and extend the porch, add a deck and remove replace a window with a French door on the
front of the residence. The subject property currently has five bedrooms and three
bathrooms with no new bedrooms or bathrooms proposed so 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 a kitchen and extend the
porch, add a deck and remove a window and replace it with a French door 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 11.4.40.015.8) 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 single - family residence and a guest house with a detached two -car garage
and is considered nonconforming due to 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 17 -4
221 15 ' 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 17 -1 for alteration of less than 25% of interior walls in order to
create an open kitchen, extend the porch, add a deck and replace a window with French
doors on the front a nonconforming residence is subject to the following conditions:
1. Minor Use Permit 17 -1 is approved for the alteration of less than 25% of interior walls
in order to remodel the interior of the existing single - family residence to provide a more
open kitchen and extend the porch, add a deck and remove a window and replace it
with a French door on a nonconforming property located at 221 15`h Street.
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 17 -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. All materials, color, and finishes of the wall finish will be consistent with existing roof
pitches and exterior finishes of the residential dwelling.
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
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.
Page 3 of 4
Resolution 17 -4
221 15fb Street
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on February 21, 2017, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Crystal Landavazo
Planning Commission Secretary
Deb Machen
Chairperson
Page 4 of 4
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