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Home My WebLink AboutPC Res 18-16 - 2018-09-17RESOLUTION NO. 18 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18 -6 TO ALLOW AN ALTERATION OF EXTERIOR DOORS, THE CONVERSION OF TWO WINDOWS ON THE FIRST FLOOR INTO FRENCH DOORS AND REPLACE BALCONY RAILINGS AT AN APARTMENT BUILDING THAT IS NONCONFORMING DUE TO DENSITY AND SETBACKS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONED AREA AT 1011 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. David Arnold and Kenneth Greenberg ( "the applicant ") submitted an application to the Community Development Department for Minor Use Permit 18 -6. The proposed project includes the alteration of exterior doors, the conversion of two windows on the first floor to doors and replace balcony railings at an apartment building that is nonconforming due to 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 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 an exterior remodel to an existing nonconforming apartment 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 -6. 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 -6 for a proposed project at 1011 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 5,500 square feet per assessor's records. The property is approximately 50 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 four unit apartment building and two attached four car garages. The existing 10 feet front yard setback is nonconforming because it does not meet the required 12 feet average setback. Additionally, the property is considered nonconforming due to density because the site is developed with an existing four unit apartment building but, based on current density regulations, the lot is only large enough for two units. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. Page 1 of 3 Resolution 18 -16 1011 Ocean Avenue D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) 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. 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.B) 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 four unit apartment building with two attached four -car garages. The alteration of the exterior doors, conversion of windows into French doors and replacement of balcony railings on the existing apartments 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 four unit apartment building, and will remain similar to surrounding uses throughout the RHD -20 zone. 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 -6 for the alteration of exterior doors, the conversion of two windows on the first floor into French doors and replace balcony railings on the existing four unit apartment building which is nonconforming and is subject to the following conditions: Page 2 of 3 Resolution 18 -16 1011 Ocean Avenue 1. Minor Use Permit 18 -6 is approved for the alteration of exterior doors, the conversion of two windows on the first floor into French doors and replace balcony railings on the existing four unit apartment building located at 1011 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor 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. 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 hgAAIAATm9belt �rc�gTt 0-troer�q,5 NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael Thoma Chairperson ATTEST: C stal Lan zo a n n i n g Com io n Secretary Page 3 of 3