HomeMy WebLinkAboutItem 2PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: APRIL 3, 2017
SUBJECT: NEW BUSINESS
ITEM
NUMBER
2
REQUEST FOR A MINOR USE PERMIT (MUP 17 -2) TO
ALLOW INTERIOR ALTERATIONS TO AN EXISTING
DUPLEX TO REMODEL THE FRONT UNIT BYALTERING
WALLS ALONG WITH RELOCATING THE FRONT DOOR
OF THE FRONT UNIT ON A PROPERTY WHICH IS
NONCONFORMING DUE TO PARKING, DENSITY AND
SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD-
20) ZONING AREA.
LOCATION: 211 17TH Street
APPLICANT: Janet Hundertmark
RECOMMENDATION: After conducting the Public Meeting, staff recommends that
the Planning Commission adopt Resolution No. 17 -8,
APPROVING Minor Use Permit 17 -2 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 -2
211 171' Street
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199 - 064 -18
2,500 sq. ft.
2,094 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.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
March 23, 2017 and mailed to property owners and occupants within a 300' radius of the
subject property on March 23, 2017, with affidavits of publishing and mailing on file.
VICINITY MAP:
C f i v .1 /,.1 B e a c h
45k
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li I
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ArMIAI KAAM.
Page 2 of 4
Minor Use Permit 17 -2
211 1 e Street
ANALYSIS:
Janet Hundertmark, ( "the applicant ") filed an application for Minor Use Permit 17 -2
requesting approval for the alteration of less than 25% of interior walls and move the front
door to remodel the front unit of an existing duplex, on a property that is nonconforming
due to setbacks, density and parking. The subject site is located on the west side of 17
Street, between Electric Avenue and Landing Avenue in the Old Town area. The parcel is
developed with one single story front residence and a second unit located above the
garage, with an entry and common area on the first floor between the garage and primary
unit. The subject site is located in the RHD -20 zone and is surrounded by residential uses
on all sides.
The remodel is intended to provide a more usable layout in the front unit, by removing and
relocating interior walls in the primary residence. The applicant proposes to relocate the
kitchen and utility room and flip the location of the master bedroom and bathroom to
enlarge the bedroom. The exterior door leading to the dining room will also be removed
from the south side of the unit and relocated to allow entry from the outside into the newly
located utility room. All existing exterior windows will also be replaced throughout both
units to complete the exterior changes on both units.
The subject property is nonconforming due to parking, density 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 or a 3 feet minimum.
The subject property is rectangular in shape with a lot width of 25 feet, which requires a
minimum side setback of 3 feet. The second dwelling unit and garage meet the required
setback but the residence in the front of the property does not meet the side yard setback
as the setback is 2 feet 4 inches on each side.
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 two 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.
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 2,500 sq. ft. interior parcel with two dwelling units on site, and only one dwelling unit
would be allowed by these density zoning regulations.
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 and door 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 -2
211 17'h Street
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 17 -8 approving MUP 17 -2 to permit
the alteration of less than 25% of interior walls to remodel the interior of the existing front
unit of a duplex to provide a more usable layout, by relocating the kitchen and utility room,
flipping the location of the master bedroom and bath to allow the enlargement of the
bedroom, and removal of one exterior door from its current location at the dining room on
the south side of the unit and its relocation to the newly located utility room, of a residence
that is nonconforming due to setbacks, density and parking at 211 17th Street.
Prepared by:
Steve Fowler
Community Development Department
JingL n av
Com nity Development Director
Attachments:
1. Resolution No. 17-8— A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use
Permit 17 -2, to allow an alteration of less than 25% of interior walls to remodel the interior of the existing front
unit of a duplex to provide a more usable layout by relocating the kitchen and utility room, flipping the location of
the master bedroom and bath to allow the enlargement of the bedroom, and removing one exterior door from its
current allocation at the dining room on the south side of the unit and relocating it to the newly located utility
room, of a property that is nonconforming due to setbacks, density and parking is located in the Residential
High Density (RHD -20) zoning area at 211 17" Street.
2. Project architectural plans.
Page 4 of 4
RESOLUTION NO. 17 -8
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 17 -2
TO ALLOW AN ALTERATION OF LESS THAN 25% OF
INTERIOR WALLS TO REMODEL THE INTERIOR OF THE
EXISTING FRONT UNIT OF A DUPLEX TO PROVIDE A MORE
USABLE LAYOUT BY RELOCATING THE KITCHEN AND
UTILITY ROOM, FLIPPING THE LOCATION OF THE MASTER
BEDROOM AND BATH TO ALLOW THE ENLARGEMENT OF
THE BEDROOM, AND REMOVING ONE EXTERIOR DOOR
FROM ITS CURRENT LOCATION AT THE DINING ROOM AND
RELOCATING THE DOOR TO THE NEWLY LOCATED UTILITY
ROOM ON A PROPERTY THAT IS NONCONFORMING DUE TO
PARKING, DENSITY AND SETBACKS LOCATED IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT 211
17TH STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Janet Hundertmark ( "the applicant') submitted an application to
the Community Development Department for Minor Use Permit 17 -2. The proposed project
includes the alteration of less than 25% of interior walls to remodel the interior of the existing
front unit of a duplex to provide a more usable layout by relocating the kitchen and utility
room, flipping the location of the master bedroom and bath to allow the enlargement of the
bedroom, and removing one exterior door from its current location at the dining room on the
south side of the unit and relocating it to the newly located utility room of a residence that is
nonconforming due to setbacks, density and parking located at 211 17th Street 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.
Section 3. A duly noticed public meeting was held before the Planning
Commission on April 3, 2017 to consider Minor Use Permit 17 -2. 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 -2 for a proposed project at 211 17`h Street, Seal Beach,
California.
B. The subject property is rectangular in shape with a lot area of
approximately 2,500 square feet. The property is approximately 25 feet wide by 100 feet
deep. The site is surrounded by residential uses on all sides.
Page 1 of 4
Resolution 17 -8
211 17' Street
C. The subject property is currently developed with a duplex and an
attached two -car garage. 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 is 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. This code section also permits the addition of non - habitable
accessory structures such as decks, and the change -out of exterior doors.
E. The applicant is requesting approval 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 front unit of the duplex to provide a more usable floor plan
by relocating the kitchen and utility room, flipping the location of the master bedroom and
bath to allow the enlargement of the bedroom, and removing one exterior door located at the
dining room on the south side of the unit and relocating the newly located utility room. The
subject property currently has four 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 relocate the kitchen and utility room
and flip the location of the existing master bedroom and bathroom while relocating an exterior
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.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 duplex with an attached two -car garage and is considered nonconforming
due to setbacks, density 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
Page 2 of 4
Resolution 17 -8
211 17`6 Street
zone. The improvement will not increase density or change beyond existing use of the
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
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 -2 for alteration of less than 25% of interior walls in order to
provide a more usable layout by relocating the kitchen and utility room, flipping the location of
the master bedroom and bath to allow the enlargement of the bedroom, and removing one
exterior door to the dining room on the south side of the unit and relocating it to the newly
located utility room of a nonconforming residence is subject to the following conditions:
1. Minor Use Permit 17 -2 is approved for the alteration of less than 25% of interior walls
in order to remodel the interior of the front residence of a duplex to provide a more
usable layout by relocating the kitchen and utility room and flipping the location of the
master bedroom and bath to allow the enlargement of the bedroom, remove one
exterior door to the dining room on the south side of the unit and relocate it the newly
located utility room of a nonconforming property located at 211 17th Street.
2. All plan checks and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 17 -2. 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
Page 3 of 4
Resolution 17 -8
211 17" Street
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.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on April 3, 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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