HomeMy WebLinkAboutPC Res 18-14 - 2018-08-20RESOLUTION 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 fagade 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
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Resolution 18 -14
17 C Pacific Avenue
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.
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Resolution 18 -14
17 C Pacific Avenue
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.
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Resolution 18 -14
17 C Pacific Avenue
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 CmObclk 4 rat 16, nTiT`norn u s
NOES: Commissioners (kOAl )ctr
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Cr! tal La dd azo
anning Comm n Secretary
Chairperson
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