HomeMy WebLinkAboutCC Res 6865 2018-09-24 RESOLUTION 6865
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
GRANTING AN APPEAL, REMOVING CONDITION 9, AND
APPROVING MINOR USE PERMIT 18-8, TO ALLOW THE
INTERIOR REMODEL OF AN EXISTING DUPLEX ON A
NONCONFORMING PROPERTY LOCATED AT 210-212
13TH STREET IN THE RESIDENTIAL HIGH DENSITY
(RHD-20) ZONING AREA
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE AS
FOLLOWS:
Section 1. Robert and Jeanne Flint ("the applicant and owners") submitted an
application to the Community Development Department for Minor Use Permit (MUP) 18-
8. The proposed project includes the modification of prior approved Minor Use Permit
(MUP) 17-3, for alteration of less than 25% of interior walls to allow the interior remodel
of an existing duplex and reduce the property from a duplex to a single family residence
by (1) altering walls in the primary (front) unit to remodel its kitchen, master bathroom,
and master bedroom and to add a laundry room and half-bath by eliminating one
bedroom and the family room in the house, (2) remodeling the area above the garage to
eliminate the kitchen and adding one bedroom, and (3) converting an existing flat roof to
a gabled roof over the proposed kitchen area of the front unit to match the roof on the
rest of the house, on a property which is nonconforming due to parking, density and
setbacks, and is 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 this meeting,
the Planning Commission received and considered all evidence presented, both
written and oral, regarding the subject application. The Planning Commission
approved Resolution No. 18-8, with added conditions including a requirement for
recordation of a covenant, by a vote of 2 in favor, and 1 opposed. One commissioner
recused himself and one commissioner was absent.
Section 4. The applicants timely appealed the Planning Commission's
decision to request removal of the condition requiring recordation of a covenant, by
submitting an Appeal Application to the City Council on August 29, 2018.
Section 5. A duly noticed public hearing was held before the City Council on
September 24, 2018 to consider the applicants' appeal and application for MUP 18-8. At
the public hearing, the City Council received and considered all evidence presented,
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both written and oral, regarding the subject appeal and application. All persons present
who wished to address the Council regarding the matter were permitted to do so. Based
on substantial evidence in the entire record of the hearing, the City Council finds the
following facts to be true.
A. The applicants submitted an application to the Community
Development Department for Minor Use Permit (MUP) 18-8 for a proposed project at
210-212 13th Street, Seal Beach, California.
B. The subject property is an irregular shaped parcel with a lot area of
approximately 4,352 sq. ft., which is larger than most 2,500 sq. ft. lots in the Old Town
area. The site is surrounded on all sides by residential uses. The subject site is located
on the east side of 13th Street north of Electric Avenue. The subject property is located
in the Residential High Density (RHD-20) zone.
C. The subject property is currently developed with a one-story
residential unit and a detached second unit above the two-car garage at the rear of the
property. 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.
D. The Seal Beach Municipal Code (SBMC § 11.2.05.015) requires all
properties in the RHD-20 zone to provide a side yard setback that is 10% of the lot
width with a minimum setback of three (3) feet. The primary unit has a 3 ft. 6 in. side
setback while the rear unit and garage has a 4 ft. 4 in. side setback. These side yard
setbacks do not meet the minimum setback requirements of the Code.
E. The Seal Beach Municipal Code (SBMC Table 11.2.05.015)
requires all properties in the RHD-20 zone to provide a minimum 2,178 square feet of
land area per each residential unit. The subject site was developed with two units but
the property does not have the minimum lot area for two units.
F. The Seal Beach Municipal Code (SBMC Table 11.2.05.015.A.1)
requires all properties in the RHD-20 zone to provide two off-street parking spaces per
dwelling unit. The subject site is developed with only one two-car garage.
G. The subject site is nonconforming based on density, parking and
setbacks.
H. 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.
I. By this application for Minor Use Permit 18-8, the applicant is
requesting to modify previously approved Minor Use Permit 17-3. to allow the
modification of an existing duplex on a nonconforming property through alteration of
less than 25% of the interior walls, in order to (1) remodel the primary unit by expanding
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its kitchen, master bedroom, and bathroom and to add a laundry room and powder
room/half-bathroom, by eliminating one bedroom and the family room, and (2) to
remove the kitchen from the detached second unit and add one bedroom in that unit.
The interior remodel does not propose an increase in bedrooms and a half bathroom
was added to the primary unit 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 structures. Upon completion, the property will be modified from a duplex to a
single-family residence with one bedroom in the front house and two bedrooms in the
area above the detached garage.
Section 6. All legal prerequisites to the adoption of this Resolution have
occurred.
Section 7. 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 City Council makes the following findings of fact:
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 the
kitchen, master bedroom and bathroom in the main house by removing one bedroom
and family room and adding a laundry room and powder room/half bath, and to remodel
the area above the garage to incorporate it as part of the single family residence by
removing its kitchen and adding one bedroom, 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, will make the property more conforming as
to density, 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 reduce the density on
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the property, and will not change beyond existing use of property because the number
of bedrooms will not change.
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 8. Based upon the foregoing, the City Council hereby approves the
appeal and approves Minor Use Permit (MUP) 18- 8 without requiring recordation of a
covenant on the 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, master bathroom, and master bathroom and to add a laundry room
and powder room/half-bathroom into that house by eliminating one bedroom and
family room; to convert the flat roof to a gabled roof over the proposed kitchen
area; and to remodel the apartment above the detached garage to incorporate it
into the main house by eliminating the apartment's kitchen and adding a
bedroom into the space above the garage, 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 and supersede 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.
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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.
8. The second address will be eliminated due to removal of the kitchen in the
second unit.
Section 9. The documents, staff reports, appendices, plans, specifications,
and other materials that constitute the record of proceedings upon which this resolution
is based are on file for public examination during normal business hours at the
Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal
Beach, CA 90740.
PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 24th day of September , 2018, by the following vote:
AYES: Council Members: Deaton, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
42 -
Mike Varipapa, Mayor
ATTEST:
'Cf9e21;4 --
Robin L. Roberts, City Clerk
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS ,_
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6865 on file in the office
of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a
reg lar meati I held on the 24th day of September , 2018.
Robin L. Roberts, City Clerk
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