HomeMy WebLinkAboutItem 5PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Interim Director of Community Development
MEETING DATE: AUGUST 21, 2017
SUBJECT: NEW BUSINESS
ITEM
NUMBER
5
REQUEST FOR A MINOR USE PERMIT (MUP 17 -10) TO
ALLOW THE ALTERATION OF AN EXISTING GARAGE
DOOR BY REMOVING A 9 FOOT BY 6 FOOT 8 INCH
GARAGE DOOR AND WIDENING THE OPENING TO
ALLOW THE INSTALLATION OF A 17 FEET BY 7 FEET
GARAGE DOOR ON A PROPERTY THAT HAS A
SINGLE - FAMILY RESIDENCE AND WHICH IS
NONCONFORMING DUE TO SETBACKS IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA.
LOCATION: 412 CENTRAL WAY
APPLICANT: Erin Cherson
RECOMMENDATION: After conducting the Public Hearing, staff recommends that
the Planning Commission adopt Resolution No. 17 -21,
APPROVING Minor Use Permit 17 -10 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 -10
412 Central Way
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199- 148 -23
4,406.25 sq. ft.
2,053.46 sq. ft.
North: Residential High Density (RHD -20)
South: Residential High Density (RHD -20)
East: Residential High Density (RHD -20)
West: Residential High Density (RHD -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
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 -10
412 Central Way
ANALYSIS:
Erin Cherson, ( "the applicant ") on behalf of the property owner Mike Buhbe ( "the owner ")
filed an application for Minor Use Permit 17 -10 requesting approval for the alteration of an
existing garage door by removing a 9 feet by 6 feet 8 inch garage door and widening the
opening to allow the installation of a 17 feet by 7 feet garage door on a property that has a
single - family residence and which is nonconforming due to setbacks. The subject site is
located on the south west corner of 5th Street and Central Way. The parcel is currently
developed with a one -story single - family residence with a detached two -car garage at the
rear. The subject site is located in the RHD -20 zone and is surrounded by residential uses.
The subject property is nonconforming due to 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
minimum street side yard setback that is 15% of the lot width. The subject property is
rectangular in shape with a lot width of 37.5 feet. Based on this dimension, the
development standard requires a minimum side setback of 5 feet 7 inches. The north side
of the garage and the dwelling unit do not meet the required minimum setback as both
setbacks are only four feet. The garage is also required to maintain a minimum setback of
nine feet from the rear property line, but the rear yard setback is only six feet. The
residence and garage along the south property line maintain the minimum setback of 3 feet
9 inches required for the interior side yard.
The Seal Beach Municipal Code (SBMC §11.4.40.015.B) allows improvements to
nonconforming properties which involve the reconfiguration of a 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.
The applicant is proposing to remove an existing 9 feet by 6 feet 8 inch garage door and
widen the opening to allow the installation of a 17 feet by 7 feet garage door. The
reconfiguration will allow the existing garage to allow easier access for two cars in the
garage. The proposed reconfiguration will not increase the square footage of any of the
structures or expand any nonconforming setbacks.
The proposed alterations will not alter the existing use of the property and will not impact
the required parking on the subject site. The proposed alterations do not include alteration
or additions to the residence and will not add square footage to the site thus not increasing
the density. The reconfiguration of the garage door is consistent with and conforms 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 -21 approving MUP 17 -10 at 412
Central Way.
Prepared by:
z
Steve Fowler stal Ca avaz
Community Development Department nterm Dire of Community Development
Attachments:
1. Resolution No. 17- 21 A Resolution of the Planning Commission of the City of Seal Beach, Approving
Minor Use Permit 17 -10, to allow the alteration of an existing garage door by removing a 9 feet by 6
feet 8 inch garage door and widen the opening to allow the installation of a 17 feet by 7 feet garage
door on a property that has a single - family residence and which is nonconforming due to setbacks at
412 Central Way.
2. Project plans
Paae 3 of 3
RESOLUTION NO. 17 -21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 17 -10 TO ALLOW THE ALTERATION OF AN
EXISTING GARAGE DOOR BY REMOVING A 9 FOOT BY
6 FOOT 8 INCH GARAGE DOOR AND WIDENING THE
OPENING TO ALLOW THE INSTALLATION OF A 17 FEET
BY 7 FEET GARAGE DOOR ON A PROPERTY WITH A
SINGLE - FAMILY RESIDENCE AND WHICH IS
NONCONFORMING DUE TO SETBACKS IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA
AT 412 CENTRAL WAY.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Erin Cherson ( "the applicant') on behalf of the property
owner Mike Buhbe ( "the owner ") submitted an application to the Community
Development Department for Minor Use Permit 17 -10. The proposed project includes
the alteration of an existing garage door by removing a 9 feet by 6 feet 8 inch garage
door and widen the opening to allow the installation of a 17 feet by 7 feet garage door
on a property that has a single - family residence and which is nonconforming due to
setbacks 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.
Section 3. A duly noticed public meeting was held before the Planning
Commission on August 21, 2017 to consider Minor Use Permit 17 -10. 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 -10 for a proposed project at 412
Central Way, Seal Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 4,406.25 square feet. The subject property has a lot width of 37.5 feet
with a lot depth of 117.5 feet. The site is surrounded by residential uses.
C. The subject property is currently developed with a single -story
single - family residence with a detached two -car garage. Based on the setbacks of the
single - family residence and garage, the subject property is considered nonconforming.
The proposed improvements will not expand any existing nonconformity because no
Page 1 of 4
Resolution 17 -21
412 Central Way
new bedrooms or additional habitable square footage is proposed, and the proposed
garage door modification will not expand any nonconformity.
D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) permits
improvements to nonconforming properties which involve the replacement and
alteration 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 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 increase in the garage door size 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 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 detached two -car garage and
is considered nonconforming due to setbacks. The replacement and alteration of the
garage door will not add habitable space or expand any nonconformity, and will
maintain development standards applicable to the RHD -20 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 and replacement of the garage door will not
Page 2 of 4
Resolution 17 -21
412 Central Way
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 -10 for the alteration of an existing garage door by
removing a 9 feet by 6 feet 8 inch garage door and widen the opening to allow the
installation of a 17 feet by 7 feet garage door on a nonconforming single - family
residential property is subject to the following conditions:
1. Minor Use Permit 17 -10 is approved for the alteration of an existing garage door
by removing a 9 feet by 6 feet 8 inch garage door and widen the opening to allow
the installation of a 17 feet by 7 feet garage door on a nonconforming single -
family residential property located at 412 Central Way.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 17 -10. 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
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 -21
412 Central Way
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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