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HomeMy WebLinkAboutPlanning Commission Packet_12-17-18CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday,December 17,2018 —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. •The City of Seal Beach complies with the Americans with Disabilities Act.If you need 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. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a 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 1.Approval of August 20,2018 Minutes 2.Approval of November 5,2018 Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS 3.MINOR USE PERMIT (MUP 18-11) 408 Marina Drive Applicant:Julie Beck Request:Request for MINOR USE PERMIT (MUP 18-11)to allow a small scale commercial recreational use (fitness studio)in a multi-unit commercial building in the Specialty Commercial (SC)zoning area. Recommendation:After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No.18-22,APPROVING Minor Use Permit 18-11 with Conditions. 4.Minor Use Permit (MUP 18-12) 122 14th Street Applicant:Kay MacDonald Request:Request for a Minor Use Permit (MUP 18-12)to allow the interior remodel of a nonconforming duplex that is nonconforming due to density, parking and setbacks in the Residential High Density (RHD-20)zoning area. Recommendation:After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No.18-23,APPROVING Minor Use Permit 18-12 with Conditions. PUBLIC HEARINGS DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday,January 7,2019 at 7:00 p.m. PLANNING COMMISSION STAFF REPORT DATE:December 17, 2018 TO:Planning Commission THRU:Robin Roberts, City Clerk FROM:Crystal Landavazo, Interim Community Development Director SUBJECT:Approval of August 20, 2018 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on August 20, 2018 Prepared by: Approved by: Robin L. Roberts Crystal Landavazo Robin Roberts Crystal Landavazo City Clerk Interim Director of Community Development Attachment: 1. Minutes City of Seal Beach – Planning Commission August 20, 2018 Chair Thomas called the regular meeting of the Planning Commission to order at 7:03 p.m. in the City Council Chambers. Commissioner Klinger led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Klinger, Grgas, Thomas Absent: Aguilar Staff Present: Amy Greyson, Assistant City Attorney Crystal Landavazo, Interim Community Development Director Steven Fowler, Assistant Planner Robin L. Roberts, City Clerk APPROVAL OF AGENDA Motion by Klinger, second by Thomas, to approve the Agenda. AYES: Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: Aguilar ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Thomas opened oral communications. Speakers: None. Chair Thomas closed oral communications. CONSENT CALENDAR There were no scheduled matters. SCHEDULED MATTERS There were no scheduled matters. CONTINUED ITEMS There were no continued items. NEW BUSINESS Commissioner Grgas recused himself and left the dais, and left Council Chambers, as he owns property within a 500 feet radius of this property. 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. Assistant Planner Steve Fowler provided a comprehensive PowerPoint presentation and indicated no correspondence was received regarding the project. He noted that the applicant had revised the proposed Resolution, Condition Eight, to indicate that this property will be a single family unit and no longer a duplex. Chair Thomas opened the public hearing. Speakers: Jody Flint spoke in support of this item on behalf of the applicants. Chair Thomas closed public comment. Commissioner Campbell stated that she felt a covenant should be conveyed on the property so that the property could not be changed back to a duplex in the future. Campbell moved, second by Klinger, adopt Resolution No. 18-11, approving Minor Use Permit 18-8 with Conditions, and adding to the restrictions that a kitchen/cooking area can’t be added to the attached unit and can’t be used as a duplex and that the applicant record a City approved covenant regarding the restrictions. AYES: Campbell, Klinger NOES: Thomas ABSENT: Aguilar ABSTAIN: Grgas Motion Carried Chair Thomas noted for the record that he feels the added condition requiring the applicant to record a covenant was unnecessary. At the applicants request, Assistant City Attorney Greyson clarified the motion. Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. Commissioner Grgas returned to the dais. 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 Addition 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 Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Thomas opened the public hearing. Speakers: Owner Kim Whaley and Applicant Steve Sennikoff spoke in favor of the item. Chair Thomas closed public comment. Commissioner Campbell stated concerns regarding the proposed variance and is cautious about altering setbacks for fear that Old Town will turn into a big box. At the inquiry of Chair Thomas, Interim Director Landavazo clarified that this variance is being supported due to the unique condition to the lot which is size and shape. Commissioner Grgas stated that he is concerned that this property could become a big box in the future. Thomas moved, second by Klinger, to 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. AYES: Klinger, Thomas NOES: Grgas, Campbell ABSENT: Aguilar ABSTAIN: None Motion Failed Assistant City Attorney Greyson reminded the Planning Commissions that their responsibility is for making findings on this item as presented and not a zoning request that may occur in the future. Commissioners Campbell and Grgas stated they have concerns with the ability for owners to maximize their square footage and the variance. Grgas moved, second by Klinger, to reconsider the motion to 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. AYES: Grgas, Klinger, Thomas NOES: Campbell ABSENT: Aguilar ABSTAIN: None Motion Carried Thomas moved, second by Klinger, to 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. AYES: Grgas, Klinger, Thomas NOES: Campbell ABSENT: Aguilar ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. 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. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated that there was one letter received in opposition of the project. Chair Thomas opened the public hearing. Speakers: Mr. Pearson, the Property Manager for the property answered general questions regarding the request. Chair Thomas closed public comment. Grgas moved, second by Campbell, to adopt Resolution No. 18-14, approving Conditional Use Permit 18-6 with conditions, with the inclusion that dedicated parking be required and that Condition 4 will require City approval before recordation. AYES: Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: Aguilar ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. DIRECTOR’S REPORT Interim Director Landavazo had no comments. COMMISSION CONCERNS Commissioner Campbell wished her next door neighbor Mary a Happy 100th Birthday. At the inquiry of Commissioner Grgas, Interim Director Landavazo provided an update on the vacant Marie Calendar property. ADJOURNMENT Chair Thomas adjourned the Planning Commission meeting at 8:27 p.m. to Monday, October 15, 2018 at 7:00 p.m. ___________________________ Robin L. Roberts, City Clerk Approved: _______________________ Michael Thomas, Chair Attest: _______________________ Robin L. Roberts, City Clerk PLANNING COMMISSION STAFF REPORT DATE:December 17, 2018 TO:Planning Commission THRU:Robin Roberts, City Clerk FROM:Crystal Landavazo, Interim Community Development Director SUBJECT:Approval of November 5, 2018 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on November 5, 2018 Prepared by: Approved by: Robin L. Roberts Crystal Landavazo Robin Roberts Crystal Landavazo City Clerk Interim Director of Community Development Attachment: 1. Minutes City of Seal Beach – Planning Commission November 5, 2018 Chair Thomas called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Commissioner Campbell led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Klinger, Grgas, Thomas, Aguilar Absent: None Staff Present: Amy Greyson, Assistant City Attorney Crystal Landavazo, Interim Community Development Director Steven Fowler, Assistant Planner Robin L. Roberts, City Clerk APPROVAL OF AGENDA Motion by Campbell, second by Klinger, to approve Agenda. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Thomas opened oral communications. Speakers: None. Chair Thomas closed oral communications. CONSENT CALENDAR 1. Approval of Planning Commission meeting minutes from September 17, 2018 Motion by Campbell, second by Aguilar, to approve items on Consent Calendar. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried SCHEDULED MATTERS There were no scheduled matters. CONTINUED ITEMS There were no continued items. NEW BUSINESS 1.MINOR USE PERMIT 18-9 350 12th Street Applicant: DLC Enterprises Request: Request for a Minor Use Permit to allow the replacement of a staircase to an existing multi-family residence, on a property that is nonconforming due to density and parking in the Residential High Density (RHD-20) zoning area. Recommendation: After conducting the Public Meeting, staff recommends that the Planning Commission adopt Resolution No. 18-19, APPROVING Minor Use Permit 18-9 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Thomas opened the public hearing. Speakers: Elaine Hutchinson spoke on behalf of DLC Enterprises in support of this item. Chair Thomas closed public comment. Campbell moved, second by Klinger, to adopt adopt Resolution No. 18-19, APPROVING Minor Use Permit 18-9 with Conditions. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. 2.MINOR USE PERMIT 18-10 114 Ocean Avenue Applicant: Eric Mossman Request: Request for a Minor Use Permit to allow the construction of a 10 foot tall retaining wall 60 feet long to allow construction of a single-family residence, on a property located in the Residential Low Density (RLD-9) zoning area. Recommendation: After conducting the Public Meeting, staff recommends that the Planning Commission adopt Resolution No. 18-20, APPROVING Minor Use Permit 18-10 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. There was general discussion regarding the grading plan approval process. Chair Thomas opened the public hearing. Speakers: Eric Mossmon spoke in support of the approval of this item. Chair Thomas closed public comment. Grgas moved, second by Klinger, to adopt Resolution No. 18-20, APPROVING Minor Use Permit 18-10 with Conditions. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. PUBLIC HEARINGS 3.ZONE TEXT AMENDMENT 18-2 All Residential Zones Applicant: City of Seal Beach Request: Review proposed Zone Text Amendment (ZTA 18-2) Regarding Regulations for Accessory Dwelling Units in Residential Zones in the City to Comply with New State Legislation. Recommendation: That the Planning Commission hold a public hearing regarding Zone Text Amendment 18-2 and after considering all evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 18-2 to the City Council. Crystal Landavazo, Interim Community Development Director provided a comprehensive staff report including the background and history of legislative changes related to accessory dwelling units and the restriction on municipalities from amending their changes. There was general discussion regarding the specific exemptions in Old Town and Surfside, and diversity of residential properties in Seal Beach, including the various lot sizes. Director Landavazo emphasized that in constructing ZTA 18-2 they created language to allow for the greater use of compliant exemptions. Chair Thomas opened the public hearing. Speakers: Joyce-Ross Parque spoke about various Old Town zoning issues. Robert Goldberg stated his comments, questions, and his opinion that there are other discretionary changes that can be made. Chair Thomas closed public comment. There was discussion and clarification on parking requirements, lot size, state specified accessory dwelling unit size, and life safety exemptions. Assistant City Attorney Greyson clarified that legislation takes effect January 1, 2019. There was further discussion regarding the public noticing requirements and timeline to meet the legislative impacts. Thomas moved to continue the item and direct staff to provide additional research that other cities have found to limit garage conversion. Motion died for lack of a second. There was further discussion regarding the timeframe discussion on the ongoing changes and proposed change in legislation that has been occurring. Director Landavazo noted that after January 1, 2018 and until an ordinance is codified, staff’s proposed exemptions that are based on life safety in Old Town and Surfside can’t be enforced by the City. Assistant City Attorney Greyson added that at any point in the further, if additional restrictions are found through research, staff can bring an Item back to the Planning Commission for consideration. Commissioner Aguilar stated that he will not be moving item forward to Council, as he feels it would only take a few days for staff to review further and bring back to the Planning Commission. Commissioner Campbell asked for the item to be continued to allow for more public input. Director Landavazo explained the public hearing process and the need to have a permanent ordinance in place by the end of this year. Grgas moved, second by Klinger, that the Planning Commission adopt the Resolution recommending approval of Zone Text Amendment 18-2 to the City Council with the provision that staff does additional research on avenues to minimize the impact of potential residential conversions or additions through bedroom counts, minimum square footages, garage use and any other items compliant, restrictive items, and incorporate them in staff’s report to the City Council. At the request of Chair Thomas, Grgas moved to amend, second by Klinger, to also direct staff to return the item to the Planning Commission, after Council action, and update on the action taken, research conducted and action, if any, the City Council has requested the Planning Commission to review. AYES: Campbell, Grgas, Klinger, Thomas NOES: Aguilar ABSENT: None ABSTAIN: None Motion Carried DIRECTOR’S REPORT Interim Director Landavazo had no comments. COMMISSION CONCERNS Chair Thomas congratulated the Los Alamitos High School Girls Volleyball and Football Teams for their recent California Interscholastic Federation (CIF) Division wins. ADJOURNMENT Chair Thomas adjourned the Planning Commission meeting at 8:40 p.m. to Monday, November 19, 2018 at 7:00 p.m. ___________________________ Robin L. Roberts, City Clerk Approved: _______________________ Michael Thomas, Chair Attest: _______________________ Robin L. Roberts, City Clerk PLANNING COMMISSION STAFF REPORT DATE:December 17, 2018 TO:Planning Commission THRU:Crystal Landavazo, Interim Community Development Director FROM:Steve Fowler, Assistant Planner SUBJECT:Request for MINOR USE PERMIT (MUP 18-11) to allow a small scale commercial recreational use (fitness studio) in a multi-unit commercial building in the Specialty Commercial (SC) zoning area. LOCATION:408 Marina Drive APPLICANT:Julie Beck RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18-22, APPROVING Minor Use Permit 18-11 with Conditions. GENERAL PLAN DESIGNATION: COMMERCIAL - SERVICE ZONE:SC (SERVICE COMMERCIAL) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 199-022-33 LOT AREA: 10,498 sf.ft. GROSS FLOOR AREA: 4,366 sq. ft. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RLD-15) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-20) EAST: GENERAL COMMERCIAL (GC) WEST: RESIDENTIAL HIGH DENSITY (RHD-20) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a fitness studio in a commercial suite, involving negligible or no expansion beyond the existing use. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on December 6, 2018 and mailed to property owners and occupants within a 300’ radius of the subject property on December 6, 2018, with affidavits of publishing and mailing on file. . VICINITY MAP: AERIAL MAP: ANALYSIS The subject site is located on the south west corner of Marina Drive and 5th Street at 408 Marina Drive, in the Service Commercial (SC) zone. The property is developed with a multi-tenant commercial building approximately 4,366 square feet in size. The application is for a tenant space immediately surrounded by commercial and parking uses and the commercial site is surrounded by single-family residences to the south, east, and north across Marina Drive with commercial uses to the east across 5th Street. The business owner is requesting approval of Minor Use Permit (MUP) 18-11 to permit the operation of a proposed fitness studio within a 551 square foot tenant space previously vacant. The applicant will perform interior tenant improvements to create an open area for the proposed use. The City of Seal Beach Municipal Code, Section 11.2.10.010 requires Small-scale Commercial Recreation uses to obtain approval of a MUP prior to issuance of a Business License from the City. The proposed fitness studio is located in a multi-tenant commercial building with an entrance facing Marina Drive allowing customers to park in the rear parking lot or on the street. The parking requirement for a fitness studio is the same as a retail store so the use is required to have 2 parking spaces and the site contains 8 parking spaces. The fitness studio will be open from 5:00 a.m. to 9:00 p.m. Monday through Friday, 7:00 a.m. to 3:00 p.m. on Saturday and 8:00 a.m. to 3:00 p.m. on Sunday. The proposed use is in compliance with the General Plan Service Commercial Land Uses definition that encourages commercial centers to provide a broad range of retail and service needs for the community. The addition of the fitness studio complements the existing uses on site and expands services to customers in the area. The use is allowed contingent upon the Commission’s approval of the MUP application and the use is physically adequate and compatible with the existing commercial center and the surrounding areas without impacting the area. CONCLUSION After concluding the public hearing and receiving public testimony, staff recommends that the Planning Commission adopt attached Resolution No. 18-22 approving MUP 18-11to permit the operation of a fitness studio. Prepared by: Steve Fowler _Crystal Landavazo__________________________ Steve Fowler Crystal Landavazo Community Development Department Interim Director of Community Development Attachments: 1. Resolution No. 18-22 – A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use Permit 18-11 to permit the operation of a fitness studio located at 408 Marina Drive in the Service Commercial (SC) zoning area. 2. Site Plan and Floor Plan 3. Business Description 1 of 4 RESOLUTION NO. 18-22 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 18-11 PERMITTING THE OPERATION OF A FITNESS STUDIO LOCATED IN THE SERVICE COMMERCIAL (SC) ZONING AREA AT 408 MARINA DRIVE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Julie Beck (“the applicant”) submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 18-11 to permit the operation of a fitness studio within an existing commercial building, at 408 Marina Drive (the “subject property”), which is designated Service Commercial in the Land Use Element of the General Plan and is located in the Service Commercial (SC) Zone. Section 2. This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a fitness studio in a commercial suite, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on December 17, 2018 to consider the application for MUP 18-11. At the public hearing, 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 is within a multi-tenant commercial building located at the south west corner of Marina Drive and 5th street. The commercial site is one parcel totaling 10,498 square-feet with approximately 4,366 square feet of mixed retail and service uses, and the subject suite is a 551 square foot tenant space. The subject site is surrounded by residential uses to the south, west and the north across Marina Drive, and commercial uses to the west across 5th Street. The subject property is located in the Service Commercial (SC) zone. B. The proposal includes a proposal to operate a fitness studio. Proposed improvements are minimal, and only include interior improvements to paint interior walls and create an open area for the fitness use. 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: Resolution No. 18-22 408 Marina Drive 2 of 4 A. The proposed interior alterations and operation of a fitness studio are consistent with the General Plan. The General Plan specifies that the Service Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the fitness studio to the commercial building, the site can expand its services and attract a wider range of residents. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The Zoning Code allows the establishment of a small-scale commercial recreation use (fitness studio) with approval of a Minor Use Permit. The fitness studio is in compliance with all other applicable provisions of the Municipal Code; C. The subject site is physically adequate for the proposed interior alterations and use. The remodel of the interior to establish the branding décor is consistent with other establishments in the center and the site contains adequate parking for the fitness studio as it is the same ratio of 1 (one) parking space per 300 sq. ft. that was applied to the previous retail use. D. The location, size, design, and operating characteristics of the proposed interior alterations would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed studio complies with the height and setback requirements of the Service Commercial zoning area and conditions have been imposed to ensure the proper operation of the business. The site has a rear parking lot and meets the parking requirement for the 4,366 square foot commercial building. The proposed use of a fitness studio is one of the least impactful uses allowed in this zone at a ratio of 1 parking space for every 300 square feet, the same ratio as a retail use. The proposed use is required to have 2 parking spaces and the site contains 8 parking spaces. The proposed hours of operation for the fitness studio are 5:00 a.m. to 9:00 p.m. Monday through Friday, 7:00 a.m. to 3:00 p.m. on Saturday and 8:00 a.m. to 3:00 p.m. on Sunday. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. This MUP for the proposed use includes sufficient conditions to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The use of the property will be consistent with the surrounding uses in the area. Section 5. Based upon the foregoing, the Planning Commission hereby approves MUP 18-11 for the permitting of the operation of a fitness studio within an existing commercial building, at 408 Marina Drive, subject to the following conditions. 1. Minor Use Permit 18-11 is approved to permit the operation of a fitness studio at 408 Marina Drive. 2. The premises of the fitness studio must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department dated October 10, 2018. Resolution No. 18-22 408 Marina Drive 3 of 4 3. The studio hours of operation will be from 5:00 a.m. to 9:00 p.m. Monday through Friday, 7:00 a.m. to 3:00 p.m. on Saturday and 8:00 a.m. to 3:00 p.m. on Sunday. 4. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 5. All business must be conducted within the building. 6. A maximum of 5 individuals allowed per exercise session. 7. There shall be no live entertainment, amplified or unamplified music, or dancing permitted on the premises at any time unless all requirements of Seal Beach Municipal Code Section 11.4.05.010.D or any successor ordinance have been met. 8. The establishment must comply with Chapter 7.15 “Noise” of the City of Seal Beach Municipal Code. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 9. Any proposed alterations or upgrades to the business, use or building will require review and approval from the City of Seal Beach Planning Division. 10. The Planning Commission reserves the right to revoke or modify this MUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 11. Failure to comply with any of these conditions or a substantial change in the mode or character of the business shall be grounds for revoking or modifying this MUP approval. 12. This MUP shall not become effective for any purpose unless/until the applicant returns a signed and notarized City “Acceptance of Conditions” form to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 13. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 14. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 15. This MUP 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 a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 16. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively “the City” hereinafter in this paragraph) 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, Resolution No. 18-22 408 Marina Drive 4 of 4 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 December 17, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _________________________________ Michael Thomas ATTEST: Chairperson _________________________________ Crystal Landavazo Planning Commission Secretary PLANNING COMMISSION STAFF REPORT DATE:December 17, 2018 TO:Planning Commission THRU:Crystal Landavazo, Interim Community Development Director FROM:Steve Fowler, Assistant Planner SUBJECT:Request for a Minor Use Permit (MUP 18-12) to allow the interior remodel of a nonconforming duplex that is nonconforming due to density, parking and setbacks in the Residential High Density (RHD- 20) zoning area. LOCATION:122 14th Street APPLICANT:Kay MacDonald RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18-23, APPROVING Minor Use Permit 18-12 with Conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 199-082-14 LOT AREA: 2,750 SQ. FT.UNIT GROSS FLOOR AREA: 2,068 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 Facility) 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 an interior remodel at an existing nonconforming residence 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 December 6, 2018 and mailed to property owners and occupants within a 300’ radius of the subject property on December 6, 2018, with affidavits of publishing and mailing on file. . VICINITY MAP: AERIAL MAP: ANALYSIS Kay MacDonald, (“the applicant”) filed an application for Minor Use Permit 18-12 requesting approval for the alteration of less than 25% of interior walls to remodel the interior and replace an exterior staircase of a residential property that is nonconforming due to setbacks, density, and parking. The subject site is located on the east side of 14th Street between Ocean Avenue and Electric Avenue in the Old Town area. The parcel is developed with one single-story residence and a detached two-car garage with a one bedroom unit above. 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 setbacks, density, and parking. 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 a rectangle in shape with a lot width of 25 feet. Based on this dimension, the development standard requires a minimum side setback of 3 feet. The dwelling unit does not meet the required setback of 3 feet as the setback is 1 foot 6 inches. According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties in the RHD-20 zone are required to have a rear yard setback of 24 feet minus the alley. The garage has is required to have a 9 feet rear yard setback as the alley is 15 feet wide. The rear yard setback is only 8 feet. 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 2,750 sq. ft. parcel with two existing dwelling units. Only one unit would be allowed by the current zoning regulations that pertain to density. According to Table 11.4.20.015 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 subject site contains two dwelling units and by current 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 spaces. The applicant is proposing to remove and relocate interior walls in the primary residence to provide a more open and usable floor plan, to reorganize the closet space, and to replace the exterior stairs. 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 and exterior improvements such as staircases, provided the bedroom/bathroom ratio does not exceed one and one half bathrooms for each bedroom with approval of a Minor Use Permit. The subject building is proposed to have no additional bedrooms or bathrooms to the existing residence and will keep the residence in conformance with this provision. The alterations proposed on the subject site are consistent with the provisions of this code. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 18-23 approving MUP 18-12 to permit the alteration of less than 25% of interior walls to create an open floor plan and reorganize the closet space, along with replacing the existing exterior staircase of a residence that is nonconforming due to setbacks, density, and parking at 122 14th Street. Prepared by: Steve Fowler Crystal Landavazo_______________ Steve Fowler Crystal Landavazo Community Development Department Interim Director of Community Development Attachments: 1. Resolution No. 18-23 – A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 18-12, to allow the remodel of the interior of the primary residence and removal and replacement of an exterior staircase at an existing multi-family residence that is nonconforming due to parking, setbacks, and density at 122 14th Street located in the Residential High Density (RHD-20) zoning area. 2. Project architectural plans. Page 1 of 3 RESOLUTION NO. 18-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18- 12 TO ALLOW THE INTERIOR REMODEL OF A NONCONFORMING DUPLEX THAT IS NONCONFORMING DUE TO DENSITY, PARKING, AND SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 122 14TH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Kay MacDonald (“the applicant”), submitted an application to the Community Development Department for Minor Use Permit 18-12. The proposed project includes the interior remodel of bedrooms and kitchen along with the replacement of an existing exterior staircase to an existing multi-family residence that is nonconforming due to setbacks, density, and parking located in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) 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 an interior remodel at an existing nonconforming residence where only minor modifications are required for the renovation. Section 3. A duly noticed public meeting was held before the Planning Commission on December 17, 2018 to consider Minor Use Permit 18-12. 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 18-12 for a proposed project at 122 14th Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,750 square feet per assessor’s records. The property is approximately 25 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a primary residence and an apartment unit above the existing detached 2-car garage. Based on the existing rear and side yard setback conditions, parking and density, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration the exterior doors, stair cases and the interior remodel of 25 percent of walls, provided the bedroom/bathroom ratio does not exceed one and one half bathrooms for each bedroom. Resolution 18-23 122 14th street Page 2 of 3 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 proposed alteration of the exterior staircase and interior walls of the primary residence will be compatible with the architectural style of the existing building and will not change the character of the property, will maintain all requirements of the zoning area, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvement such as alteration of staircases and interior remodeling of 25 percent of 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 two residences with a detached two-car garage. The alteration of the exterior staircase of the existing dwelling unit above the garage and the remodel of the interior walls of the primary residence to reconfigure the closets and open up the floor plan will maintain development standards applicable to the RHD-20 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD-20 zone, which consists of properties developed as single family and multi-family residences. The improvement will not add habitable space, will not change existing operating characteristics of the duplex, and will remain similar to surrounding uses throughout RHD-20. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The 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 18-12 for the interior remodel of bedrooms and the kitchen along with the replacement of an exterior staircase of the duplex which is nonconforming is subject to the following conditions: 1. Minor Use Permit 18-12 is approved for the interior remodel of bedrooms and the kitchen along with the replacement of an exterior staircase of the duplex located at 122 14th Street. Resolution 18-23 122 14th street Page 3 of 3 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 18-12. 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. 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. 5. 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 December 17, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael Thomas Chairperson ATTEST: __________________________ Crystal Landavazo Planning Commission Secretary