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Home My WebLink AboutPC Res 17-20 - 2017-08-21RESOLUTION 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 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 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 4 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. Z 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 Thomas, Aguilar, Klinger NOES: Commissioners ABSENT: Commissioners Machen, Campbell ABSTAIN: Commissioners Michael Thorrhs Vioe -Chair ATTEST: C54tal avaz anning Co fission Secretary Page 4 of 4