HomeMy WebLinkAboutItem 4PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Interim Director of Community Development
MEETING DATE: AUGUST 21. 2017
SUBJECT: NEW BUSINESS
ITEM
NUMBER
4
REQUEST FOR A MINOR USE PERMIT (MUP17 -9) TO
ALLOW THE ALTERATION OF INTERIOR WALLS TO
REMODEL AN EXISTING SINGLE - FAMILY RESIDENCE
BY RELOCATING THE KITCHEN, ELIMINATING A
FAMILY ROOM AND SPA, CREATING A DINING AREA
AND REPLACING THREE EXTERIOR DOORS ON A
PROPERTY WHICH IS NONCONFORMING DUE TO
SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD-
9) ZONING AREA.
LOCATION: 1510 EMERALD COVE WAY
APPLICANT: Jeannette Painovich
RECOMMENDATION: After conducting the Public Hearing, staff recommends that
the Planning Commission adopt Resolution No. 17 -20,
APPROVING Minor Use Permit 17 -9 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 -9
1510 Emerald Cove Way
RESIDENTIAL LOW DENSITY
RHD -9 (RESIDENTIAL LOW DENSITY)
043 - 282 -31
5,369, sq. ft.
2,653 sq. ft.
North: Residential Low Density (RLD -9)
South: Commercial General (GC)
East: Residential Low Density (RLD -9))
West: Residential Low Density (RLD -9)
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
August 10, 2017 and mailed to property owners and occupants within a 300' radius of the
subject property on August 10, 2017, with affidavits of publishing and mailing on file.
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Paae 2 of 3
Minor Use Permit 17 -9
1510 Emerald Cove Way
ANALYSIS:
Jeannette Painovich, ( "the applicant ") filed an application for Minor Use Permit 17 -9
requesting approval to allow the alteration of interior walls to remodel an existing single -
family residence by relocating the kitchen, eliminating a family room and spa, creating a
dining area and replacing three exterior doors on a property which is nonconforming due to
setbacks in the Residential Low Density (RLD -9) zoning area. The subject site is located on
the south side of Emerald Cove Way between Jade Cove Way and Emerald Place in the
Hill area. The subject property currently consists of a two -story single - family residence with
four bedrooms including master bedroom, three bathrooms, family room, spa, kitchen,
living room, laundry room and attached garage. The subject site is located in the RLD -9
zone and is surrounded by residential uses on three sides with commercial uses to the
south across Pacific Coast Highway.
The subject property is nonconforming due to the rear yard setback. According to Table
11.2.05.015 of the Seal Beach Municipal Code, which regulates building location and
minimum yards, the required rear yard setback is a minimum of ten feet. The residence is
eight feet from the property line, and therefore does not meet the minimum 10' -0" setback
requirement. The proposed remodeling will not increase the nonconformity, as no
additional square footage will be added to the existing residence.
The applicant is proposing to alter the interior walls to rearrange the layout of the
residence, to relocate the existing kitchen, eliminate the family room and spa, create a
dining room and replace three exterior doors. Upon completion of the remodel, the new
floor plan will consist of four bedrooms, three bathrooms, a kitchen, living room, dining
room and laundry room in the two -story single - family residence. The proposed remodel, as
reflected in the floor plan, will not increase the habitable square footage of the existing
residence.
The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows improvements which
involve the reconfiguration of the floor plan and the removal or structural alteration of
interior walls to less than 25% of the structure's interior walls. This code section also allows
for the replacement of exterior doors. The reconfiguration of the walls and replacement of
three doors is consistent with and conforms to the provisions of this section.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 17 -20 approving MUP 17 -9 to allow
the alteration of interior walls to remodel an existing single - family residence by relocating
the kitchen, eliminating the family room and spa, creating a dining area and replacing three
exterior doors on a property which is nonconforming due to setbacks at 1510 Emerald
Cove Way.
Prepared by:
Steve Fowler C tal La avaz
Community Development Department i,4n tenrn Direct Community Development
Attachments:
1. Resolution No. 17 -20 — A Resolution of the Planning Commission of the City of Seal Beach,
Approving Minor Use Permit 17 -9, to allow the alteration of interior walls to remodel an existing single -
family residence by relocating the kitchen, eliminating a family room and spa, creating a dining area
and replacing three exterior doors on a property which is nonconforming due to setbacks in the
Residential Low Density (RLD -9) zoning areal 510 Emerald Cove Way,
2. Project plans.
Paae 3 of 3
RESOLUTION NO. 17 -20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 17 -9 TO ALLOW THE ALTERATION OF
INTERIOR WALLS TO REMODEL AN EXISTING SINGLE -
FAMILY RESIDENCE BY RELOCATING THE KITCHEN,
ELIMINATING A FAMILY ROOM AND SPA, CREATING A
DINING AREA AND REPLACING THREE EXTERIOR
DOORS ON A PROPERTY WHICH IS NONCONFORMING
DUE TO SETBACKS IN THE RESIDENTIAL LOW DENSITY
(RLD -9) ZONING AREA AT 1510 EMERALD COVE WAY.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Jeannette Painovich ( "the applicant') submitted an
application to the Community Development Department for Minor Use Permit 17 -9. The
proposed project includes the alteration of interior walls to remodel an existing single -
family residence by relocating the kitchen, eliminating a family room and spa, creating a
dining area and replacing three exterior doors on a property which is nonconforming
due to setbacks in the Residential Low Density (RLD -9) 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 August 21, 2017 to consider Minor Use Permit 17 -9. 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 -9 for a proposed project at 1510
Emerald Cove Way, Seal Beach, California.
B. The subject property is trapezoid in shape with a lot area of
approximately 5,369 square feet. The site is surrounded by residential uses on three
sides with commercial uses to the south across Pacific Coast Highway.
C. The subject property is currently developed with a two -story single -
family residence with four bedrooms, three bathrooms, family room, spa, kitchen, living
room, laundry room and attached two -car garage. Based on the setback condition of
the single family residence including garage, the subject property is considered
nonconforming. The proposed improvements will not expand any existing
Page 1 of 1
Resolution 17 -20
1510 Emerald Cove Way
nonconformity because no new bedrooms or additional habitable square footage is
proposed.
D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) permits
improvements to nonconforming properties which involve the reconfiguration of the floor
plan and the removal of or structural alteration of interior walls to less than 25% of the
structure's interior walls. This code section also allows for the replacement of exterior
doors.
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 Hill area (Planning Area 2) 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 the interior walls will rearrange the residence's layout to relocate
the existing kitchen, eliminate a family room and spa, create a dining room and replace
three exterior doors but 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 Hill area RLD -9 zone, an area
where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor
improvement which involves replacement and alteration of exterior doors 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 an attached two -car garage
and is considered nonconforming due to setbacks. The alteration of interior walls to
remodel the residence by relocating the kitchen, eliminating a family room and spa, and
creating a dining area along with the replacement of three exterior doors, will not add
habitable space and will maintain development standards applicable to the RLD -9 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 RLD -9 zone, which consists of properties developed as single family
residences. The improvement will not add habitable space, will not change existing
Page 2 of 4
Resolution 17 -20
1510 Emerald Cove Way
operating characteristics of the single - family residence, and will remain similar to
surrounding uses throughout RLD -9.
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 interior walls to remodel an existing single - family
residence by relocating the kitchen, eliminating a family room and spa, creating a dining
area and replacing three exterior doors will not increase the number of bedrooms,
exceed the bedroom /bathroom ratio authorized under the development standards, or
intensify the use of 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 -9 for the alteration of interior walls to remodel an existing
single - family residence by relocating the kitchen and creating a dining area along with
the replacement of 3 exterior doors on a nonconforming single - family residential
property is subject to the following conditions:
1. Minor Use Permit 17 -9 is approved for the alteration of interior walls to remodel
an existing single - family residence by relocating the kitchen, eliminating a family
room and spa, creating a dining area along with the replacement of three exterior
doors on a nonconforming single - family residential property located at 1510
Emerald Cove Way.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 17 -9. 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
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
Page 3 of 4
Resolution 17 -20
1510 Emerald Cove Way
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 August 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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