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HomeMy WebLinkAboutPC Res 18-11 - 2018-08-20RESOLUTION 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 Page 1 of 4 Resolution 18-11 210-212 13' Street 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 11.4.40.015.8) 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. Page 2 of 4 Resolution 18-11 210-212 13' Street 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. Page 3 of 4 Resolution 18-11 210-212 13' Street 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 secondary unit. 9. A covenant, approved by the City Attorney, must be recorded on the property to state, "A kitchen/cooking area cannot be added to the detached portion and the property is to be used as a single family residence. 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 CAMPBELL. KLINGER NOES: Commissioners THOMAS ABSENT: Commissioners AGUILAR ABSTAIN: Commissioners ATTEST: GRC,AR sta ndav tanning C fission Secretary Michael I homas Chairperson Page 4 of 4