HomeMy WebLinkAboutPC Res 18-15 - 2018-09-17RESOLUTION NO. 18 -15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18 -4
TO ALLOW THE CONVERSION OF A WINDOW ON THE FIRST
FLOOR TO A SLIDING DOOR AND REPLACE BALCONY
RAILINGS AT AN APARTMENT BUILDING THAT IS
NONCONFORMING DUE TO PARKING, DENSITY AND
SETBACKS LOCATED IN THE RESIDENTIAL HIGH DENSITY
(RHD -20) ZONED AREA AT 1524 MARINE AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Mark and Nancy Bennett ( "the applicant ") submitted an application
to the Community Development Department for Minor Use Permit 18-4. The proposed
project includes the conversion of a window on the first floor to a sliding door and replace
balcony railings at an apartment building that is nonconforming due to parking, density and
setbacks 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 exterior remodel at an existing nonconforming triplex where only minor modifications
are required for the renovation.
Section 3. A duly noticed public meeting was held before the Planning
Commission on September 17, 2018 to consider Minor Use Permit 18 -4. 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 18-4 for a proposed project at 1524 Marine Avenue, Seal
Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 2,500 square feet per assessor's records. The property is approximately 25
feet wide by 100 feet deep. The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with a two story duplex and
a detached 2 -car garage with an apartment on the second floor. Based on the existing front
yard setback condition, 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 § 11.4.40.015.6) allows minor
improvements which involve the removal or alteration the exterior doors and balconies,
provided the bedroom /bathroom ratio does not exceed one and one half bathrooms for each
bedroom. The proposed conversion of a window on the first floor to a sliding door and
replacement of balcony railings falls within the minor improvements permitted.
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Resolution 18 -15
1524 Marine Avenue
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 doors and balconies 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 11.4.40.015.8) allows minor improvement such as
alteration of exterior doors and balconies 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 two story duplex and a detached two -car garage with an apartment on the
second floor. The conversion of a window to a sliding glass door and replacement of balcony
railings on the existing duplex 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 two story 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 -4 for the conversion of a window on the first floor to a sliding
door and replace balcony railings on the duplex apartment building which is nonconforming
and is subject to the following conditions:
1. Minor Use Permit 18 -4 is approved for the conversion of a window on the first floor to a
door and replace balcony railings on the duplex apartment building located at 1524
Marine Avenue.
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Resolution 18 -15
1524 Marine Avenue
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 18-4. 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 September 17, 2018, by the following vote:
AYES: Commissioners f%uikecumoznA I EI �rS � r , btyn45
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
Chairperson
ATTEST:
sta ava
tanning C ission Secretary
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