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PLANNING COMMISSION RUh ER
STAFF REPORT 2
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TO:
Planning Commission
FROM:
Interim Director of Community Development
MEETING DATE:
MAY 1, 2017
SUBJECT:
NEW BUSINESS
REQUEST FOR A MINOR USE PERMIT (MUP 17 -3) TO
ALLOW AN INTERIOR REMODEL WITHIN AN EXISTING
DUPLEX BY ALTERING WALLS TO REMODEL THE
KITCHEN, LAUNDRY ROOM, MASTER BATHROOM,
AND POWDER ROOM 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: 210 & 212 13TH Street
APPLICANT: Timothy Jackson
RECOMMENDATION: After conducting the Public Meeting, staff recommends that
the Planning Commission adopt Resolution No. 17 -10,
APPROVING Minor Use Permit 17 -3 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 -3
210 & 212 1P Street
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
043 - 134 -18
4,341 sq. ft.
1,222 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 April
20, 2017 and mailed to property owners and occupants within a 300' radius of the subject
property on April 21, 2017, with affidavits of publishing and mailing on file.
ACOIAI AAAO-
Page 2 of 4
Minor Use Permit 17 -3
210 B 212 13m Street
ANALYSIS:
• Timothy Jackson ( "the applicant "), on behalf of Robert & Jeanne Flint ( the owners ") filed
an application for Minor Use Permit 17 -3 requesting approval for the alteration of less than
25% of interior walls to allow the remodel of the interior of an existing duplex by altering
walls to remodel the front unit's kitchen, laundry room, master bathroom, and powder room
to an existing residence on a property which is nonconforming due to parking, density and
setbacks. The subject site is located on the west side of 13"' Street and between Electric
Avenue and Ocean Avenue in the Old Town area. The parcel is developed with a single -
family residence and a 2ntl unit above the 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, 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 lotwidth. The subject property is
oddly shaped with an average lot width of 43.41 feet. Based on this dimension, the code
requires a side setback of 4' feet 5" inches. The existing structures on the subject site do
not meet this setback. The primary residence at the front of the property has a side setback
of 3 feet 6 inches and the rear unit has a setback of 4 feet 4 inches on the alley 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 site contains two dwelling units so, by current code standards, is required to have four
enclosed parking spaces. However, the site only contains a two -car garage which makes
the site deficient by two parking spaces.
®According to Table 11.2.05.015 of the Seal Beach Municipal Cade, properties zoned RHD -
20 are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property
is a 4,341 sq. ft. parcel with two existing dwelling units. Only one unit would be allowed by
the current zoning regulations that pertain to density.
The applicant is proposing to redesign interior walls in the primary residence to provide a
larger kitchen, add a laundry room and remove a bedroom to add a half bath and increase
the closet size in the master bedroom. The applicant is also proposing to convert the
existing flat roof over the proposed kitchen to a gabled roof to match the rest of the house.
The Seal Beach Municipal Cade (SBMC § 11.4.40.015.13) 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 one less bedroom and adding one
half bath which will conform to the provisions of SBMC § 11.4.40.015.B.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 17-10 approving MUP 17 -3 to permit
the alteration of less than 25% of interior walls to allow the remodel of the front unit's
kitchen, laundry room, master bathroom, and powder room on a property which is
nonconforming due to parking, density and setbacks at 210 & 212 131" Street.
•
Page 3 of 4
4
Prepared by:
�� ;2 �
Community Development Department
ME. I - -
Minor Use Permit 17 -3
210 & 212 13"' Street
Attachments:
1. Resolution No. 17-10— A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor
Use Permit 17 -3, to allow an alteration of less than 25% of interior walls to allow the interior remodel of an
existing duplex by akenng walls to remodel the front unit's kitchen, laundry room, master bathroom, and powder
room, and conversion of a flat roof over the proposed kitchen to a gabled roof to an existing residence on a
property which is nonconforming due to parking, density and setbacks located at 210 -212 130 Street in the
Residential High Density (RHD -20) zoning area.
2. Project architectural plans.
3. Site photo.
Page 4 of 4
RESOLUTION NO. 17 -10
• A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 17 -3
TO ALLOW AN ALTERATION OF LESS THAN 25% OF
INTERIOR WALLS TO ALLOW AN INTERIOR REMODEL
WITHIN AN EXISTING DUPLEX BY ALTERING WALLS TO
REMODEL THE KITCHEN, LAUNDRY ROOM, MASTER
BATHROOM, AND POWDER ROOM OF THE FRONT UNIT AND
CONVERSION OF A FLAT ROOF OVER THE PROPOSED
KITCHEN TO A GABLED ROOF ON A PROPERTY WHICH IS
NONCONFORMING DUE TO PARKING, DENSITY AND
SETBACKS LOCATED AT 210 -212 13TH STREET IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT
210 -212 13TH STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Timothy Jackson ( "the applicant"), on behalf of Robert & Jeanne
Flint ( the owners'), submitted an application to the Community Development Department for
Minor Use Permit 17 -3. The proposed project includes the alteration of less than 25% of
interior walls to allow the remodel of the interior of an existing duplex by altering walls to
remodel the front unit's kitchen, laundry room master bathroom, and powder room to an
existing residence on a property which is nonconforming due to parking, density and
setbacks, and the conversion of an existing flat roof to a gabled roof over the proposed
kitchen area, 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 at 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 May 1, 2017 to consider Minor Use Permit 17 -3. 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 -3 for a proposed project at 210 -212 13' Street, Seal
Beach, California.
B. The subject property is an irregular shape with a lot area of
approximately 4,341 square feet, which is larger than most 2,500 sq. ft. lots in the Old Town
area. The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with two residential units, a
• primary residence at the front and a detached two -car garage with the second residential
unit above. The front unit has a gabled roof facing east, and a flat roof over the proposed
Page 1 of 4
Resofution 17 -10
210 -212 le Street
kitchen. The roof over the duplex's rear unit is gabled. Based on the existing density, 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.
•
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.
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 remodel the kitchen, laundry
room, master bedroom, and powder room. The interior remodel does not propose new
bedrooms or bathrooms so the residence will conform to the provisions of SBMC
§ 11.4.40.015.B. The applicant is also proposing to convert the existing flat roof over the
proposed kitchen area of the front unit to a gabled roof to match the appearance of the rest of
the existing duplex.
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, laundry room,
master bedroom, and powder room, and the conversion of the flat roof to a gabled roof over
the proposed kitchen area will not change the character of the property, will not expand any
nonconformity, and will be consistent with other surrounding properties.
B. The proposed alterations are 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 primary residence at the front of the property and a second unit apartment
above a detached garage and is considered nonconforming due to density, setbacks, and
parking. The alteration of less than 25% of interior walls and modification of the roof 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 17 -10
210 -212 130 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 mufti- 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 zone. The proposed conversion of the flat roof to a gabled roof over the
proposed kitchen area of the front unit is consistent with the appearance of the existing
duplex.
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 -3 for alteration of less than 25% of interior walls in order to
remodel the front unit's kitchen, laundry room, master bathroom, and powder room, and to
convert the flat roof to a gabled roof over the proposed kitchen area, on a nonconforming
property subject to the following conditions:
• 1. Minor Use Permit 17 -3 is approved for the alteration of less than 25% of interior walls
in order to remodel the front unit's kitchen, laundry room, master bathroom, and
powder room, and conversion of the flat roof to a gabled roof over the proposed
kitchen area, on a nonconforming property located at 210 -212 13th Street.
2. All plan checks and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 17 -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.
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, fines, 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
Page 3 of 4
Resolution 17 -10
210 -212 130 Street
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. Applicants 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 May 1, 2017, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
L
ATTEST:
Crystal Landavazo
Planning Commission Secretary
•
Deb Machen
Chairperson
Page 4 of 4
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