HomeMy WebLinkAboutPlanning Commission Packet_08202018CITY OF SEAL BEACH
PLANNING COMMISSION AGENDA
Monday,August 20,2018 —7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach,CA 90740
District 1 —Victor Grgas
District 2 —Robert Aguilar
District 3 —Michael Thomas,Chair
District 4 —Patty Campbell
District 5 —Mariann Klinger -Vice-Chair
Department of Community Development
Crystal Landavazo,Interim Director
Steven Fowler,Assistant Planner
Amy Greyson,Assistant City Attorney
•City Hall office hours are 8:00 a.m.to 5:00 p.m.Monday through Friday.Closed noon
to 1:00 p.m.
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assistance to attend this meeting please telephone the City Clerk's Office at least 48
hours in advance of the meeting at (562)431-2527.
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cost of $15 per DVD.Telephone:(562)596 -1404.
•Copies of staff reports and/or written materials on each agenda item are available for
public inspection in City libraries or on the City website
at:http://sealbeachca.suiteonemedia.com/web/home.aspx
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL:The Planning Commission may wish to change the order of
the items on the agenda.
ORAL COMMUNICATIONS:Anyone wishing to address the Planning Commission on
tonight's agenda may do so during this time period.The Planning Commission may
also allow the public to address any other matters within the subject matter jurisdiction
of the Planning Commission.No action can be taken by the Planning Commission on
these communications on this date,unless agendized.
CONSENT CALENDAR:Consent Calendar items are considered routine items that
normally do not require separate consideration.The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
DIRECTOR'S REPORT:Updates and reports from the Director of Community
Development (Planning and Building Divisions)are presented for information to the
Planning Commission and the public.
COMMISSION CONCERNS:Items of concern are presented by the Planning
Commissioners and discussed with staff.
SCHEDULED MATTERS:These items are considered by the Planning Commission
separately and require separate motions.These transactions are considered
administrative and public testimony is not heard.
PUBLIC HEARING ITEMS:Public Hearings allow citizens the opportunity to speak in
favor of or against agendized items.More detailed information is found in the actual
agenda attached.If you have documents to distribute,you should have enough copies
for all Planning Commissioners,City staff,and the public.Please give one to the
secretary for the City files.The documents become part of the public record and will
not be returned.
All proceedings are recorded.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
By Motion of the Planning Commission this is the time to notify the public of any changes to the
agenda,re-arrange the order of the agenda,and provide an opportunity for any member of the
Planning Commission or staff to request an item be removed from the Consent Calendar for
separate action.
ORAL COMMUNICATIONS
At this time members of the public may address the Planning Commission regarding any items
within the subject matter jurisdiction of the Commission.Pursuant to the Brown Act,the Commission
cannot discuss or take action on any items not on the agenda unless authorized by law.Those
members of the public wishing to speak are asked to come forward to the microphone and state
their name for the record.All speakers will be limited to a period of 5 minutes.
CONSENT CALENDAR
CONTINUED ITEMS
SCHEDULED MATTERS
NEW BUSINESS
1.MINOR USE PERMIT 18-8.
210-212 12th Street
Applicant:Robert &Jeanne Flint
Request:Request for a modification to Minor Use Permit 17-3 to allow the
remodel of the interior of an existing duplex by altering walls to remodel the
front unit's kitchen,laundry room,powder room,and master bathroom,by
eliminating one bedroom in one unit,and in the second unit removing a
kitchen and adding a bedroom,on a property which is nonconforming due to
parking,density and setbacks in the Residential High Density (RHD-20)
zoning area.
Recommendation:After conducting the Public Meeting,staff recommends
that the Planning Commission adopt Resolution No.18-11,APPROVING
Minor Use Permit 18-8 with Conditions.
PUBLIC HEARINGS
2.CONDITIONAL USE PERMIT (CUP)18-5
301 8th Street
Applicant:Steve Sennikoff
Request:REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN
INTERIOR REMODEL AND AN ADDITION TO THE 1ST AND 2ND STORY
OF AN EXISTING RESIDENCE ON A PROPERTY THAT IS
NONCONFORMING DUE TO SETBACKS AND LOT DEPTH IN THE
RESIDENTIAL HIGH DENSITY (RHD-20)ZONING AREA;AND REQUEST
FOR A VARIANCE VAR 18-1 TO ALLOW A REDUCTION OF THE REAR
YARD SETBACK ON AN ABNORMALLY SHAPED LOT AT 301 8TH
STREET IN THE RHD-20 (RESIDENTIAL HIGH DENSITY)ZONE.THE
APPLICANT IS REQUESTING TO CONSTRUCT AN ADDITON TO AN
EXISTING SINGLE FAMILY RESIDENCE ON A 63 FOOT DEEP LOT THAT
IS SURROUNDED BY PARCELS WITH A DEPTH OF 117.5 FEET.
Recommendation:After reviewing the application,staff recommends that the
Planning Commission adopt Resolution No.18-12,APPROVING Variance
18-1 with Conditions and adopt Resolution No.18-13,APPROVING
Conditional Use Permit 18-5 with conditions
3.CONDITIONAL USE PERMIT (CUP)18-6
17 C Pacific Avenue
Applicant:Mark Wheeler
Request:REQUEST FOR A CONDITIONAL USE PERMIT (CUP 18-6)TO
REPLACE A COMMERCIAL NONCONFORMING USE WITH A
RESIDENTIAL NONCONFORMING USE THAT IS MORE CONFORMING
TO THE GENERAL PLAN AND ZONING ORDINANCE THAN THE
PREVIOUS USE AT A PROPERTY THAT IS NONCONFORMING DUE TO
SETBACKS,PARKING,DENSITY,AND LAND USE IN THE RESIDENTIAL
LOW DENSITY (RLD-9)ZONING AREA
Recommendation:After conducting the Public Hearing,staff recommends
that the Planning Commission adopt Resolution No.18-14,APPROVING
Conditional Use Permit 18-6 with Conditions.
DIRECTOR'S REPORT
COMMISSION CONCERNS
ADJOURNMENT
Adjourn the Planning Commission to Tuesday,September 4,2018 at 7:00 p.m.
PLANNING COMMISSION
STAFF REPORT
DATE: August 20, 2018
TO:Planning Commission
THRU:Crystal Landavazo, Interim Community Development Director
FROM:Steve Fowler, Assistant Planner
SUBJECT:MINOR USE PERMIT 18-8. Request for a modification to Minor
Use Permit 17-3 to allow the remodel of the interior of an existing
duplex by altering walls to remodel the front unit’s kitchen, laundry
room, powder room, and master bathroom, by eliminating one
bedroom in one unit, and in the second unit removing a kitchen
and adding a bedroom, on a property which is nonconforming due
to parking, density and setbacks in the Residential High Density
(RHD-20) zoning area.
LOCATION:210 & 213 13th Street
APPLICANT:Robert & Jeanne Flint
RECOMMENDATION:After conducting the Public Meeting, staff recommends that the
Planning Commission adopt Resolution No. 18-11, APPROVING
Minor Use Permit 18-8 with Conditions.
GENERAL PLAN
DESIGNATION:
RESIDENTIAL HIGH DENSITY
ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY)
SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER:043-132-08
LOT AREA:4,341 sq. ft.
GROSS FLOOR AREA:1,222 sq. ft.
SURROUNDING PROPERTIES:
NORTH:Residential High Density (RHD-20)
SOUTH:Residential High Density (RHD-20)
EAST:Residential High Density (RHD-20)
WEST:Residential High Density (RHD-20)
ENVIRONMENTAL ASSESSMENT
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 9,
2018 and mailed to property owners and occupants within a 300’ radius of the subject property
on August 9, 2018, with affidavits of publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
ANALYSIS
On May 1, 2017 Robert & Jeanne Flint received approval 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. Robert & Jeanne Flint (“the applicant and owners”) have now filed
an application for Minor Use Permit 18-8 to modify 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 the
existing duplex by altering walls to remodel the front unit’s kitchen, laundry room master
bathroom, and powder room; by eliminating a kitchen in the second unit to add a bedroom, and
by converting an existing flat roof to a gabled roof over the proposed kitchen area of the front
unit, 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 13th Street and between Electric Avenue and
Ocean Avenue in the Old Town area. The parcel is developed with a single-family residence
and a 2nd 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 lot width. 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 Code,
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 in the process of redesigning 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. In the
modification the applicant is requesting to modify the second unit by removing the kitchen and
adding one bedroom.
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 the same amount of bedrooms 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. 18-11 approving MUP 18-8 to modify Minor Use
Permit 17-3 to allow the remodel of the interior of an existing duplex by altering less than 25
percent of the walls to remodel the front unit’s kitchen, laundry room, powder room, master
bathroom, by eliminating one bedroom and in the second unit removing a kitchen and adding a
bedroom on a property which is nonconforming due to parking, density and setbacks at 210 &
212 13th Street.
Prepared by:
Steve Fowler __Crystal Landavazo____________
Steve Fowler Crystal Landavazo
Community Development Department Interim Director of Community Development
Attachments:
1. Resolution No. 18-11 – A Resolution of the Planning Commission of the City of Seal Beach, Approving
Minor Use Permit 18-8, to modify Minor Use Permit 17-3 to allow the remodel of the interior of the existing
duplex by altering less than 25% of interior walls to allow the interior remodel of an existing duplex by
altering walls to remodel the front unit’s kitchen, laundry room, master bathroom, and powder room by
eliminating one bedroom and in the second unit removing a kitchen and adding a bedroom on a property,
and by converting an existing flat roof to a gabled roof over the proposed kitchen area of the front unit, which
is nonconforming due to parking, density and setbacks is located in the Residential High Density (RHD-20)
zoning area.
2.Project architectural plans.
Page 1 of 4
RESOLUTION NO. 18-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18-8
TO ALLOW AN MODIFICATION TO MINOR USE PERMIT 17-3
TO ALLOW THE REMODEL OF THE INTERIOR OF AN
EXISTING DUPLEX BY ALTERING WALLS TO REMODEL THE
FRONT UNIT’S KITCHEN, LAUNDRY ROOM, POWDER ROOM,
MASTER BATHROOM, AND BY ELIMINATING ONE BEDROOM,
IN THE SECOND UNIT REMOVING A KITCHEN AND ADDING A
BEDROOM, AND CONVERTING A FLAT ROOF TO A GABLED
ROOF OVER THE REMODELED KITCHEN AREA ON A
PROPERTY WHICH IS NONCONFORMING DUE TO PARKING,
DENSITY AND SETBACKS IN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONING AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Robert & Jeanne Flint (“the applicant and owners”) submitted an
application to the Community Development Department for Minor Use Permit 18-8. 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 (1) altering walls to remodel the front unit’s kitchen,
laundry room master bathroom, and powder room by eliminating a bedroom, (2) by
eliminating a kitchen in the second unit to add a bedroom, and (3) the conversion of an
existing flat roof to a gabled roof over the proposed kitchen area of the front unit, on a
property which is nonconforming due to parking, density and setbacks, and 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 20, 2018 to consider Minor Use Permit 18-8. 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 18-8 for a proposed project at 210-212 13th 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
Resolution 18-11
210-212 13th Street
Page 2 of 4
unit above. The front unit has a gabled roof facing east, and a flat roof over the proposed
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 the
bedroom count will not increase or additional habitable square footage is not 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 approved Minor Use Permit 17-3 to
allow the modification of an 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 by eliminating a bedroom and adding a bedroom to the second unit by eliminating a
kitchen in that unit. The interior remodel does not propose an increase in 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.
Resolution 18-11
210-212 13th Street
Page 3 of 4
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 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 18-8 for the modification of 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, and the elimination of the kitchen in the second unit to add a
bathroom and bedroom on a nonconforming property subject to the following conditions:
1. Minor Use Permit 18-8 is approved for the modification of Minor Use Permit 17-3 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 by eliminating a bedroom,
conversion of the flat roof to a gabled roof over the proposed kitchen area, and the
elimination of the kitchen in the second unit to add a bathroom and bedroom 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 18-8. All new construction shall comply with
all applicable state and local codes.
3. Rescind all approvals of Minor Use Permit 17-3 as all conditions from the previous
approval have been included in this resolution.
4. The applicant is required to obtain all Building and Safety permits prior to construction
or demolition.
5. 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.
Resolution 18-11
210-212 13th Street
Page 4 of 4
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.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on August 20, 2018, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
Chairperson
ATTEST:
__________________________
Crystal Landavazo
Planning Commission Secretary
PLANNING COMMISSION
STAFF REPORT
DATE: August 20, 2018
TO:Planning Commission
THRU:Crystal Landavazo, Interim Community Development Director
FROM:Steve Fowler, Assistant Planner
SUBJECT:REQUEST FOR A CONDITIONAL USE PERMIT CUP 18-5 TO
ALLOW AN INTERIOR REMODEL AND AN ADDITION TO THE
1ST AND 2ND STORY OF AN EXISTING RESIDENCE ON A
PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS
AND LOT DEPTH IN THE RESIDENTIAL HIGH DENSITY (RHD-
20) ZONING AREA; AND
REQUEST FOR A VARIANCE VAR 18-1 TO ALLOW A
REDUCTION OF THE REAR YARD SETBACK ON AN
ABNORMALLY SHAPED LOT AT 301 8TH STREET IN THE RHD-
20 (RESIDENTIAL HIGH DENSITY) ZONE. THE APPLICANT IS
REQUESTING TO CONSTRUCT AN ADDITON TO AN EXISTING
SINGLE FAMILY RESIDENCE ON A 63 FOOT DEEP LOT THAT
IS SURROUNDED BY PARCELS WITH A DEPTH OF 117.5
FEET.
LOCATION:301 8th Street
APPLICANT:Steve Sennikoff
RECOMMENDATION:After reviewing the application, staff recommends that the Planning
Commission adopt Resolution No. 18-12, APPROVING Variance
18-1 with Conditions and adopt Resolution No. 18-13,
APPROVING Conditional Use Permit 18-5 with conditions
GENERAL PLAN
DESIGNATION:
RESIDENTIAL HIGH DENSITY
ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY)
SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER:043-111-21
LOT AREA:2,899 Square Feet
GROSS FLOOR AREA:2,046 Square Feet
SURROUNDING PROPERTIES:
NORTH:Residential High Density
(RHD-20)
SOUTH:Open Space – Parks and
Recreation (OS-PR)
EAST:Residential High Density
(RHD-20)
WEST:Residential High Density
(RHD-20)
ENVIRONMENTAL ASSESSMENT
This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant
to Section 15301(e)(2) of the Guidelines for the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.) for the permitting of an addition that is under 10,000 sq.
ft. and all public services and facilities are available to allow maximum development and the
area is not environmentally sensitive.
LEGAL NOTIFICATION
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on August 9,
2018 and mailed to property owners and occupants within a 500’ radius of the subject property
on August 9, 2018, with affidavits of publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
ANALYSIS
Steve Sennikoff (“the applicant”) on behalf of Steve and Kimberly Whaley (“the owners”), filed
an application for a Variance 18-1 requesting approval to reduce the rear yard setback and a
Conditional Use Permit 18-5 to allow an interior remodel and addition to the first and second
floor of an existing nonconforming residence. The subject site is an irregular shaped 2,899 sq. ft.
parcel located at the north west corner of Electric Avenue and 8th Street within the RHD-20
(Residential High Density) zone.
The parcel is currently developed with a two-story single-family residence and attached two-car
garage that is built facing Electric Avenue. The subject site is surrounded by residential uses to
the north, east and west with the greenbelt and Mary Wilson Library located to the south across
Electric Avenue. The applicant is proposing to demolish a portion of the garage and the front of
the residence that currently extends into the minimum front setback and construct an addition to
the first and second floors of the existing two-story single family residence with a two-car garage.
In order to construct the addition and remodel the interior of the two-story residence, the
applicant is requesting approval of a Variance to reduce the required 24 foot rear yard setback
to 9 feet.
According the Seal Beach Municipal Code (SBMC §11.6.05.010) the front property line on a
corner lot is the line adjacent to the street with the shortest frontage. Therefore, the front
property line for the subject property is Electric Avenue.
The Seal Beach Municipal Code (SBMC §11.2.05.015) provides minimum setback
requirements for residential dwellings. Most of the surrounding properties consist of lots that
range from 25 to 50 feet in width and 100 to 117 feet in length and abut an alley at the rear. The
subject site has property dimensions of 54.73 feet in width along Electric Avenue by 47.55 feet
in depth on the interior property line, 63 feet in depth along the street side property line along
8th Street, a rear property line length of 52.50 feet long, and does not abut an alley at the rear.
Instead the property is adjacent to another lot constructed with a one-story residence.
Compliance with the required front, side and rear yard setbacks would mean providing an
average 12-foot front yard setback, a 5-foot 4-inch interior side yard setback, a 7-foot 11-inch
side yard setback facing 8th Street and a 24-foot rear yard setback. The average front yard
setback is less than 10 feet and the interior side yard setback is 3 feet 11 inches, which does
not meet the required 5-foot 4-inch interior side yard setback. The current rear yard setback is
approximately 13 feet, not the required 24 feet. The strict application of the City’s development
standards would create a hardship due to the unique size and configuration of the lot. By
applying the strict application of the setback requirements, the lot would be substantially less in
area as compared to a typical sized lot in the vicinity that is 25 feet in width by 110 feet in length,
thereby making it difficult to construct an addition to the existing single-family home with a two-
car garage.
The Seal Beach Municipal Code (SBMC §11.5.20.005.C) gives the Planning Commission
authority to grant a Variance subject to such conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone district in which the property is situated.
Staff believes a variance is warranted in this circumstance. The strict application of the City’s
setback requirements would create an undue hardship because of the lot’s unique size and
shape. The required setbacks and distance requirements would deny the applicant the ability to
enjoy the same privileges as other property owners within the same vicinity and residential zone.
Due to the unique circumstance applicable to the property, the request to reduce the rear yard
setback from 24 feet to 9 feet is not a request for special privileges inconsistent with the
limitations upon other properties in the RHD-20 zone because most properties in the RHD-20
zone provide a 9-foot rear yard setback and are located adjacent to alleyways. The applicant’s
request is consistent with the RHD-20 zone in which it is located because the proposal includes
constructing an addition to a single family residence with an attached two-car garage.
The applicant is proposing to add approximately 522 square feet in total habitable space to the
two-story residence and reduce it by 8 square feet from the existing square footage to meet
minimum front yard setbacks. This will not add any bedrooms or bathrooms to the existing two
bedroom, two and a half bathroom residence. The proposed addition will result in additional lot
coverage. The existing total lot coverage is 44.7% and is proposed to be increased to 52.61%,
which is less than the maximum 75% lot coverage that is permitted in the RHD-20 zone.
The Seal Beach Municipal Code (SBMC § 11.4.40.020.) allows improvements which involve the
alteration or addition to residences that are nonconforming due to setbacks. The addition is to
add habitable square footage to the first and second floor to a residential structure that
conforms to all the requirements of the Municipal Code if the variance is approved. The
Conditional Use Permit is required due to the parcel having a structure that does not meet front
and interior side yard setback requirements. The addition will not intensify the nonconforming
front and side yard setbacks. The proposed addition is consistent with other residential
properties.
CONCLUSION
After conducting the public hearing and receiving testimony, staff recommends that the Planning
Commission adopt the attached Resolution No. 18-12 approving Variance 18-1 to reduce the
rear yard setback and adopt the attached Resolution No. 18-13 approving Conditional Use
Permit CUP 18-5 to permit an interior remodel and addition to the first floor and second floor on
an existing nonconforming property at 301 8th Street.
Prepared by:
Steve Fowler ___Crystal Landavazo______________
Steve Fowler Crystal Landavazo
Community Development Department Interim Director of Community Development
Attachments:
1. Resolution No. 18-12 – A Resolution of the Planning Commission of the City of Seal
Beach, Approving Variance 18-1 to reduce the rear yard setback and resolution No. 18-
13 – A resolution of the Planning Commission of the City of Seal Beach, approving
Conditional Use Permit 18-5 to permit an interior remodel, and addition to the first and
second floor on an existing residence on a nonconforming site at 301 8th Street in the
Residential High Density (RHD-20) Zoning Area.
2. Project architectural plans.
-1 of 3-
RESOLUTION NO. 18-12
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING VARIANCE 18-1 TO
ALLOW A REDUCTION OF THE REQUIRED REAR
YARD SETBACK ON A LOT WITH A UNIQUE SIZE
AND CONFIGURATION WITHIN THE RHD-20
(RESIDENTIAL HIGH DENSITY – 20) ZONE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. Steve Sennikoff (“the applicant”) on behalf of Steve and Kimberly Whaley
(“the owners”), submitted an application to the City of Seal Beach Department of Community
Development for Variance (VAR) 18-1 to reduce the required rear yard setback on a lot with a
unique size and configuration at 301 8TH Avenue within the RHD-20 (Residential High Density
– 20) zone.
Section 2. This project is determined to be a Class 1 (Existing Facilities)
Categorical Exemption pursuant to Section 15301(e)(2) of the Guidelines for the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting
of an addition that is under 10,000 sq. ft. and all public services and facilities are available to
allow maximum development and the area is not environmentally sensitive.
Section 3. A duly noticed meeting was held before the Planning Commission on
August 20, 2018 to consider the application for Variance 18-1. At this meeting, the Planning
Commission received and considered all evidence presented, both written and oral, regarding
the subject application. The record of the public hearing indicates the following:
A. The subject site consists of a 2,899 sq. ft. parcel developed with a two-
story single family residence and two-car garage that is built up to the rear property line. The
subject site is located on the northwest corner of the 8th Street and Electric Avenue
intersection. The subject site is surrounded by residential uses on the north, east, and west
with open space across Electric Avenue to the south. The subject property is located in the
RHD-20 (Residential High Density – 20) zone.
B. The subject site is a lot with a unique size and configuration when
compared to the surrounding properties in the RHD-20 zone. Most of the surrounding
properties consist of lots that range from 25 to 50 feet in width and 100 to 117 feet in length
and abut an alley at the rear. The subject site has property dimensions of 54.73 feet in width
along Electric Avenue by 47.55 feet in depth on the interior property line, 63 feet in depth
along the street side property line along 8th Street and a rear property line length of 52.50 feet
long, and does not abut an alley at the rear.
C. The Seal Beach Municipal Code (SBMC §11.2.05.015) requires all
properties in the RHD-20 zone to provide a rear setback of 24 feet, minus the width of the
alley. A majority of the alleys in old town are 15 feet wide, which typically requires a rear yard
setback of 9 feet for most RHD-20 zoned properties.
Resolution 18-12
301 8th Street
-2 of 4-
D. The applicant is proposing to construct an addition to the first and
second floors of the existing structure. The applicant proposes to comply with the SBMC
development standards as they apply to building height, front yard setbacks, and side yard
setbacks but is requesting a reduction in the required rear yard setback from 24 feet to 9 feet
to maintain consistency with similarly zoned lots in the surrounding area.
E. The applicant is also requesting approval of a Conditional Use Permit
(CUP) for the construction of an addition to a two-story single-family residence that is
nonconforming do to front and interior side yard setbacks. The CUP is contingent upon
approval of the variance.
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 Code of the
City of Seal Beach, the Planning Commission makes the following findings:
A. The variance conforms in all significant respects with the General Plan
and with any ordinances adopted by the City Council. The General Plan Land Use Map
designates the subject property as Residential High Density and the subject site is consistent
with the residential density for the area. The density requirements in the RHD-20 zone permit
one residential unit on the subject site, which is what exists currently with the two-story single
family residence with an attached two-car garage. The applicant’s proposal for an addition to
the single family residence complies with all development standards set by SBMC
§11.2.05.015, with the exception of the requested rear yard setback reduction.
B. Because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of the Zoning Code
deprives such property of privileges enjoyed by other property in the vicinity and under
identical zoning district classification. Residential properties in the RHD-20 zone have a
typical lot depth of 100-117 feet and are abutted by an alley at the rear of the property.
Typical lots in the RHD-20 are abutted by 15-foot wide alleys which are credited toward the
required rear yard setback resulting in an average rear setback of 9 feet. The subject site,
however, has a unique size and configuration in that it has a lot depth of only 63 feet on one
side and 47.55 feet along the interior lot line, and it is not abutted by an alley at the rear of the
property. The strict application of the Zoning Code would deprive the subject property of a
buildable area that is available to surrounding properties in the RHD-20 zone.
C. The variance does not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone district in which
such property is situated. The applicant is requesting a reduction in the required rear yard
setback from 24 feet to 9 feet so that the setback will be consistent with the rear yard setback
applicable to surrounding residential properties in the RHD-20 zone. The variance request is
for a 9-foot setback, the average setback in the RHD-20 zone and therefore the applicant is
not seeking a special privilege or reduction beyond what is applicable to surrounding
properties in the RHD-20 zone.
D. Authorization of the variance substantially meets the intent and purpose
of the zoning district in which the property is located and will not be detrimental to the health,
safety, and welfare of persons living or working in the neighborhood or to the general welfare
of the City. The subject site is located in the RHD-20 zone which is developed with a mix of
Resolution 18-12
301 8th Street
-3 of 4-
single family and multi-family residences. The applicant is proposing an addition to a two-
story single family residence on the subject site which will be consistent with surrounding
properties. The applicant’s proposal will comply with all development standards required by
the Seal Beach Municipal Code, with the exception of the requested reduction in the rear
yard setback.
Section 5. Based upon the foregoing, the Planning Commission hereby approves
Variance VAR 18-1 subject to the conditions listed below:
1. Variance 18-1 is approved to permit a reduction in the required rear yard setback from 24
feet to 9 feet in the RHD-20 (Residential High Density-20) zone.
2. The applicant must obtain all necessary Building Permits for the proposed addition to the
two-story single family residence and attached garage.
3. The applicant must obtain approval from the California Coastal Commission prior to
submitting for Building Plan Check.
4. This Variance shall not become effective for any purpose unless/until a City “Acceptance
of Conditions” form has been signed and notarized by the applicant before being
returned to the Planning Department; and until the ten (10) calendar day appeal period
has elapsed.
5. A modification of this Variance must be applied for when the applicant proposes to
modify any of its current Conditions of Approval or there is a substantial change in the
proposed site plan.
6. The Planning Commission reserves the right to revoke or modify this Variance if any
violation of the approved conditions occurs, or any violation of the Code of the City of
Seal Beach occurs.
7. This Variance shall become null and void unless exercised within one year of the date of
final approval, or such extension of time as may be granted by the Planning Commission
pursuant to written request for extension submitted to the Community Development
Department a minimum of ninety days prior to such expiration date.
8. The applicant shall indemnify, defend and hold harmless 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 Variance, 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.
Resolution 18-12
301 8th Street
-4 of 4-
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on August 20, 2018, by the following vote:
AYES: Commissioners _________________________________________
NOES: Commissioners _________________________________________
ABSENT: Commissioners _________________________________________
ABSTAIN: Commissioners _________________________________________
_________________________________
Michael Thomas,
ATTEST:Chairperson
_________________________________
Crystal Landavazo
Planning Commission Secretary
Page 1 of 4
RESOLUTION NO. 18-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 18-5 TO ALLOW AN INTERIOR REMODEL
AND AN ADDITION TO THE 1ST AND 2ND STORY OF AN
EXISTING RESIDENCE ON A PROPERTY THAT IS
NONCONFORMING DUE TO SETBACKS AND LOT
DEPTH IN THE RESIDENTIAL HIGH DENSITY (RHD-20)
ZONING AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Steven Sennikoff, (“the applicant”) on behalf of property
owners Steve and Kimberly Whaley, (“the owners”) submitted an application to the
Community Development Department for Conditional Use Permit 18-5. The proposed
project includes an addition to the first and second story of existing two-story single
family residence located at 301 8TH Avenue which is nonconforming due to setbacks 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(e)(2) of the Guidelines for
the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.) for the permitting of an addition that is under 10,000 sq. ft. and all public services
and facilities are available to allow maximum development and the area is not
environmentally sensitive.
Section 3. A duly noticed public hearing was held before the Planning
Commission on August 20, 2018 to consider Conditional Use Permit 18-5. At the public
hearing, 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 subject site consists of a 2,899 sq. ft. parcel developed with a
two-story single family residence and two car garage that is built up to the rear property
line. The subject site is located on the northwest corner of the 8th Street and Electric
Avenue intersection. The subject site is surrounded by residential uses on the north,
east, and west with open space across Electric Avenue to the south. The subject
property is located in the RHD-20 (Residential High Density – 20) zone.
B. The subject property is currently developed with a two-story single
family residence and detached two car garage. Based on the existing setback
conditions, the subject property is considered nonconforming because the garage and
residence do not maintain the required west side yard setback and front yard setback.
tThe applicant is also requesting a Variance for the rear yard setback as the property
does not abut an alley so the rear yard setback would be required to be 24 feet. The
Resolution 18-13
301 8th Street
Page 2 of 4
proposed improvements will not expand any existing nonconformity. The proposed
addition will maintain all current required setback.
C. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows
improvements, which involve the alteration or addition to residences that are
nonconforming due to setbacks. The addition is to add a habitable square footage to the
first and second floor of a residential structure that conforms to all the requirements of
the Municipal Code. The addition will not intensify the front and side nonconforming
setback.
D. The applicant is proposing to add approximately 522 square feet to
the first and second storyies of the residence. The proposed addition will not add any
bedrooms or bathrooms to the existing two bedroom, two and a half bathroom
residence. The proposed addition will result in additional lot coverage. The existing total
lot coverage is 44.7% and is proposed to be increased to 52.61%, which is less than the
maximum 75% lot coverage that is permitted in the RHD-20 zone.
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 additions 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 addition to the residence will allow for the expansion of the kitchen, a larger
bedroom on the second floor and the addition of a study/loft to the residence, and will
not expand any nonconformity, and will be consistent with other surrounding properties.
The property is nonconforming because the garage and residence does not meet the
required front and interior side yard setback.
B. The proposed use is allowed within the applicable zoning district
with Conditional 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 11.4.40.020) allows additions and
improvements such as the alteration or addition of habitable square footage to
nonconforming properties with approval of a Conditional 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 one single family residence and is considered
nonconforming due to setbacks only. The addition to the residence will maintain
development standards applicable to the RHD-20 zone. The improvements will not
increase density or cause a change beyond existing use of property.
Resolution 18-13
301 8th Street
Page 3 of 4
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 add approximately 522 square feet of
habitable space, and will remain similar to surrounding residential uses throughout the
RHD-20 zoned area.
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 proposed addition will result in additional lot coverage. The
existing total lot coverage is 44.7% and is proposed to be increased to 52.61%, which is
less than the maximum 75% lot coverage that is permitted in the RHD-20 zone. 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 Conditional Use Permit 18-5 for the addition of the first and second floors to
an existing two-story single family residence which is a nonconforming property subject
to the following conditions:
1. Conditional Use Permit 18-5 is approved for the addition of a first and second
story to an existing two-story single family residence which is nonconforming due
to setbacks, on a nonconforming property located at 301 8th Street.
2. The approval of the conditional use permit is contingent on approval of the
Variance VAR 18-1.
3. All plan check and future construction shall be in substantial compliance with the
plans approved through Conditional Use Permit 18-5. All new construction shall
comply with all applicable state and local codes.
4. The applicant must obtain approval from the California Coastal Commission prior
to submitting for Building Plan Check.
5. The applicant is required to obtain all Building and Safety permits prior to
construction or demolition.
6. All materials, color, wall finishes and roof material must be consistent with
existing material 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
Resolution 18-13
301 8th Street
Page 4 of 4
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 Conditional 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 August 20, 2018, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
Chairperson
ATTEST:
__________________________
Crystal Landavazo
Planning Commission Secretary
THIS PAGE INTENTIONALLY LEFT BLANK
PLANNING COMMISSION
STAFF REPORT
DATE:August 20, 2018
TO:Planning Commission
THRU:Crystal Landavazo, Interim Community Development Director
FROM:Steve Fowler, Assistant Planner
SUBJECT:REQUEST FOR A CONDITIONAL USE PERMIT (CUP 18-6) TO
REPLACE A COMMERCIAL NONCONFORMING USE WITH A
RESIDENTIAL NONCONFORMING USE THAT IS MORE
CONFORMING TO THE GENERAL PLAN AND ZONING
ORDINANCE THAN THE PREVIOUS USE AT A PROPERTY
THAT IS NONCONFORMING DUE TO SETBACKS, PARKING,
DENSITY, AND LAND USE IN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONING AREA
LOCATION:17 C Pacific Avenue
APPLICANT:Mark Wheeler
RECOMMENDATION:After conducting the Public Hearing, staff recommends that the
Planning Commission adopt Resolution No. 18-14, APPROVING
Conditional Use Permit 18-6 with Conditions.
GENERAL PLAN
DESIGNATION:
RESIDENTIAL LOW DENSITY
ZONE:RLD-9 ( RESIDENTIAL LOW DENSITY)
SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER:178-461-28
LOT AREA:2,500 SQ. FT.
GROSS FLOOR AREA:1,926 SQ. FT.
SURROUNDING PROPERTIES:
NORTH:RESIDENTIAL LOW DENSITY (RLD-9)
SOUTH:RESIDENTIAL LOW DENSITY (RLD-9)
EAST:RESIDENTIAL LOW DENSITY (RLD-9)
WEST:RESIDENTIAL LOW DENSITY (RLD-9)
ENVIRONMENTAL ASSESSMENT
This project is determined to be a Class 3 (Conversion of small structures) Categorical
Exemption pursuant to Section 15303(b) of the Guidelines for the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior
remodel and minor exterior changes to convert a commercial use to a residential use in a
building that has less than 6 dwelling units.
LEGAL NOTIFICATION
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on August 2,
2018 and mailed to property owners and occupants within a 500’ radius of the subject property
on August 2, 2018, with affidavits of publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
ANALYSIS
Mark Wheeler, (“the applicant”) on behalf of Surfside Rentals LP- Richard E. Pearson (“the
owner”), filed an application for Conditional Use Permit 18-6 requesting approval to allow an
interior remodel, and change of use on a property that is currently developed with four
residential units and a commerial unit. The subject site is located on the southwest corner of
Phillips Street and Pacific Avenue in the Surfside area. The parcel is developed with a two-story
fourplex on the second floor and a vacant commercial unit on the first floor. The subject site is
located in the RLD-9 zone and is surrounded by residential uses on the west and south sides,
on the east side across Phillips Street is the Post Office and to the north across Pacific Avenue
is open space and a parking area.
The subject property is currently considered nonconforming due to setbacks, density, parking
and land use. Table 11.2.05.015 of the Seal Beach Municipal Code requires lots in the RLD-9
zone to maintain a side yard setback that is 10 percent of the lot width. The subject property
measures approximately 50 feet wide by 50 feet deep. The interior side yard setbacks are
required to be 5 feet, and the existing west side yard setback is 5 feet 11inches with a set of
stairs encroaching to access the second-floor units, but the east side setback is only 2 feet. The
front yard setback is required to be 2 feet 6 inches but the building is built on the property line.
The rear yard setback is required to be 3 feet, and it is 4 feet with a set of stairs encroaching to
access the second-floor units.
Table 11.2.05.015.A.1 of the Seal Beach Municipal Code requires residential uses in the RLD-9
zone to provide 2 off-street parking spaces per dwelling unit. The subject site is built out to the
setbacks and does not have the lot area to accommodate the parking requirements onsite. The
current code standards require the current use to have to have 8 enclosed parking spaces for
the residential uses and 5 parking spaces for the commercial use. The site does not contain any
enclosed parking spaces but does have 12 parking spaces in the nearby parking lot pursuant to
a recorded covenant as condition in the attached Resolution. The proposal will require 10
parking spaces which is less than the existing requirement.
The Seal Beach Municipal Code (SBMC § 11.2.05.015.A.7.a) states that no minimum lot area
per dwelling unit is required provided all parking requirements are met. The applicant cannot
meet the required on-site parking requirement but it can reduce the current requirement for 13
parking spaces with the new residential use on the first floor in place of the vacant commercial
unit.
Table 11.2.05.010 of the Seal Beach Municipal Code regulates the type of uses allowed in the
RLD-9 zone. The section allows general residential type uses but does not allow commercial
type uses. The applicant is requesting to change the commercial use to a residential use to
better fit the zoning regulations and be more compatible to the existing units in the area.
The applicant is proposing to remodel the existing first floor unit by changing out windows,
remodeling the kitchen and existing bathrooms and adding two bedrooms. This will add
habitable square footage to building by changing the use but will not add square footage to the
existing footprint. The proposed change of use and remodel will result in a less demand for
parking, and provide a use that is allowed within the RLD-9 zoning area.
The Seal Beach Municipal Code (SBMC § 11.4.40.035.A) states that the Planning Commission
may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to
replace a nonconforming use with another nonconforming use only if the Commission finds that
the new use is more conforming to the General Plan and Zoning Ordinance than the previous
use. The Conditional Use Permit is required because the property has a structure and uses that
does not meet setback, density, parking and land use requirements. The applicant intends to
reduce the parking demand from 13 to 10 by utilizing the first floor of the building as a
residential use instead of a commercial use. By utilizing the first floor as a residential use, the
property will be more in conformance with current land use requirements. The proposed use will
not intensify the nonconforming setbacks as no new square footage is proposed. The parcel will
continue to be nonconforming due to setbacks and parking, but the proposal will lessen the
parking demand and provide a use that is allowed in this zoning area. The alterations proposed
on the subject site are consistent with the provisions of the Code and more consistent with the
characteristics of the surrounding neighborhood.
CONCLUSION
After conducting the public hearing and receiving testimony, staff recommends that the Planning
Commission adopt the attached Resolution No. 18-14 approving CUP 18-6 to allow an interior remodel,
and change of use in an existing fourplex and vacant commercial unit on a nonconforming site at 17 C
Pacific Avenue.
Prepared by:
Steve Fowler ___Crystal Landavazo______________
Steve Fowler Crystal Landavazo
Community Development Department Interim Director of Community Development
Attachments:
1. Resolution No. 18-10 – A Resolution of the Planning Commission of the City of Seal
Beach, Approving Conditional Use Permit 18-4 to allow an interior remodel, and change
of use on an existing residence on a nonconforming site at 17 C Pacific Avenue in
Surfside Colony in the Residential Low Density (RLD-9) Zoning Area.
2. Project architectural plans.
Page 1 of 4
RESOLUTION NO. 18-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 18-6 TO REPLACE A COMMERCIAL
NONCONFORMING USE WITH A RESIDENTIAL
NONCONFORMING USE THAT IS MORE CONFORMING
TO THE GENERAL PLAN AND ZONING ORDINANCE
THAN THE PREVIOUS USE AT A PROPERTY THAT IS
NONCONFORMING DUE TO SETBACKS, PARKING,
DENSITY, AND LAND USE IN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONING AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Mark Wheeler (“the applicant”), on behalf of Richard
Pearson (“the owner”), submitted an application to the Community Development
Department for Conditional Use Permit 18-6. The subject site is nonconforming due to
deficient setbacks, deficient parking on a property that is developed with 4 dwelling units
and a commercial use, density and a land use that is no longer allowed. The proposed
project includes a change of use from a commercial use to a residential use with an
interior remodel, and exterior façade changes to bring the property into more
conformance with current parking regulations, and land use requirements. The subject
site is located in the Residential Low Density (RLD-9) zoning area.
Section 2. This project is determined to be a Class 3 (Conversion of
small structures) Categorical Exemption pursuant to Section 15303(b) of the Guidelines
for the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.) for the permitting of an interior remodel and minor exterior changes to convert a
commercial use to a residential use in a building that has less than 6 dwelling units.
Section 3. A duly noticed public hearing was held before the Planning
Commission on August 20, 2018 to consider Conditional Use Permit 18-6. At the public
hearing, 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 subject property is square in shape with a lot area of
approximately 2,500 square feet. The property is approximately 50 feet wide by 50 feet
deep. The site is surrounded by residential uses on the west and south sides, on the
east side across Phillips Street is the Post Office and to the north across Pacific Avenue
is open space and a parking area.
B. The subject property is currently developed with a two-story
fourplex on the second floor and a commercial unit on the first floor. Based on the
existing setback conditions, density, parking conditions and land use the subject
property is considered nonconforming. The existing building does not maintain the
Resolution 18-14
17 C Pacific Avenue
Page 2 of 4
required setbacks and the reserved parking in the nearby parking lot does not meet the
parking requirement for the dwelling units or commercial use. The proposed
improvements will not expand any existing nonconformity. The proposed land use and
remodel will maintain all current required setbacks and the new residential use will
reduce the need for parking space requirements for the four dwelling units and one
commercial unit.
C. The Seal Beach Municipal Code (SBMC § 11.4.40.035.A) states
that the Planning Commission may grant a Conditional Use Permit pursuant to Chapter
11.5.20: Development Permits, to replace a nonconforming use with another
nonconforming use only if the Commission finds that the new use is more conforming to
the General Plan and Zoning Ordinance than the previous use. The Conditional Use
Permit is required because the property has a structure that does not meet setback
requirements, density requirements, current parking requirements or land use
requirements. The applicant intends to bring the property more into conformance with
current parking and land use requirements by changing the commercial use to a
residence, thus reducing the required number of parking spaces from 13 to 10. The
proposed remodel will not intensify the nonconforming setbacks as it will maintain the
existing setbacks.
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 remodel and additions are consistent with the
General Plan which encourages architectural diversity in the Surfside 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 change of use from a commercial use to a residential use in
the first floor unit will allow for the remodel and addition of habitable living space to the
building and 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 Conditional Use Permit approval and will comply with all other applicable provisions
of the Municipal Code. The subject site is located within the Surfside Colony RLD-9
zone, an area where the Seal Beach Municipal Code (Section 11.4.40.035.A) allows a
Conditional Use Permit to replace a nonconforming use with another nonconforming
use only if the Planning Commission finds that the new use is more conforming to the
General Plan and Zoning Ordinance than the previous use. The proposed remodel will
bring the property more into conformance with the existing Municipal Code because it
will reduce the parking requirement from 13 to 10 parking spaces and the residential
unit is an allowed use within the RLD-9 zoning area. The remaining nonconformities will
remain.
Resolution 18-14
17 C Pacific Avenue
Page 3 of 4
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 two-story with four dwelling units on the second floor and a
vacant commercial unit on the first floor and is considered nonconforming due to
setbacks, parking, density and land use. The change of use and remodel of the
commercial space to a residence will maintain some nonconformities but will bring the
parcel into more conformance with current development standards applicable to the
RLD-9 zone. The improvements will not increase lot coverage.
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 and
multi-family residences. The improvement will change the use on the first floor from a
commercial use to a residential use 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 proposed change of use and remodel will not result in
additional lot coverage. The subject site will operate as a entirely 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 Conditional Use Permit 18-6 for the interior remodel of the first floor to convert
the use from a commercial use to a residential use, and exterior alterations to an
existing two-story fourplex which is on a nonconforming property subject to the following
conditions:
1. Conditional Use Permit 18-6 is approved for the interior remodel of the first floor
to convert the use from a commercial use to a residential use, and exterior
alterations to an existing two-story fourplex on the second floor and a commercial
use on the first floor which is nonconforming due to setbacks, density, parking
and land use on a nonconforming property located at 17 C Pacific Avenue.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Conditional Use Permit 18-6. 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. Provide a recorded covenant to the Planning Department indicating 10 parking
spaces have been allocated for the residential uses established at 17C Pacific
Avenue.
Resolution 18-14
17 C Pacific Avenue
Page 4 of 4
5. All materials, color, wall finishes and roof material must be consistent with
existing material and exterior finishes of the residential dwelling.
6. This Conditional 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 Conditional 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 August 20, 2018, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
Chairperson
ATTEST:
__________________________
Crystal Landavazo
Planning Commission Secretary
