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HomeMy WebLinkAboutPC Packet_04152019CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday,April 15,2019 —7:00 PM City Council Chambers 211 Eighth Street Seal Beach,CA 90740 District 1 —Steve Miller District 2 —Robert Aguilar –Vice Chair District 3 —Michael Thomas District 4 —Patty Campbell –Chair District 5 —Mariann Klinger Department of Community Development 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 A.Approval of December 17,2018 Minutes B.Approval of January 22,2019 Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS C.MINOR USE PERMIT (MUP)19-2 320 Central Avenue Applicant:Golden Edge Construction on behalf of Linda Tachjian Request:Request for a Minor Use Permit (MUP 19-2)to allow the installation of a roof mounted air conditioning unit with screening at a nonconforming property that is nonconforming due to setbacks and height in the Residential High Density (RHD-20)zoning area. Recommendation:After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No.19-3,APPROVING Minor Use Permit 19-2 with Conditions. D.MINOR USE PERMIT (MUP)19-1 339 10th Street Applicant:Michael Gibbsons Request:Request for Minor Use Permit (MUP 19-1)to allow an interior remodel to convert an existing closet into a bathroom at a nonconforming property that is nonconforming due to 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.19-2,APPROVING Minor Use Permit 19-1 with Conditions. PUBLIC HEARINGS DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday,May 6,2019 at 7:00 p.m. 4 6 3 PLANNING COMMISSION STAFF REPORT DATE:April 15, 2019 TO:Planning Commission THRU:Gloria Harper, City Clerk FROM:Steve Fowler, Assistant Planner SUBJECT:Approval of December 17, 2018 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on December 17, 2018 Prepared by: Approved by: Gloria Harper Steve Fowler Gloria Harper Steve Fowler City Clerk Assistant Planner Attachment: 1. Minutes City of Seal Beach – Planning Commission December 17, 2018 Chair Thomas called the regular meeting of the Planning Commission to order at 7:0 0 p.m. in the City Council Chambers. Commissioner Klinger led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Klinger, Thomas, Aguilar Absent: Grgas 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 Aguilar to approve Agenda. AYES: Aguilar, Campbell, Klinger, Thomas NOES: None ABSENT: Grgas ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Thomas opened oral communications. Speakers: None. Chair Thomas closed oral communications. CONSENT CALENDAR 1. Approval of August 20, 2018 Minutes 2. Approval of November 5, 2018 Minutes Motion by Campbell, second by Klinger, to approve items on Consent Calendar. AYES: Aguilar, Campbell, Klinger, Thomas NOES: None ABSENT: Grgas ABSTAIN: None Motion Carried SCHEDULED MATTERS There were no scheduled matters. CONTINUED ITEMS There were no continued items. 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 recomme nds that the Planning Commission adopt Resolution No. 18-22, APPROVING Minor Use Permit 18-11 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report on this item. Commissioner Aguilar inquired about the liquor hours. Chair Thomas opened the public hearing. Speakers: The applicant Julie Beck spoke regarding her proposed business. Mike Beckage spoke in support of this item. Chair Thomas closed public comment. Campbell moved, second by Aguilar, to adopt Resolution No. 18-22, APPROVING Minor Use Permit 18-11 with Conditions. AYES: Aguilar, Campbell, Klinger, Thomas NOES: None ABSENT: Grgas ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. 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. 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: None. Chair Thomas closed public comment. Aguilar moved, second by Klinger, to adopt Resolution No. 18-23, APPROVING Minor Use Permit 18-12 with Conditions. AYES: Aguilar, Campbell, Klinger, Thomas NOES: None ABSENT: Grgas ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. PUBLIC HEARINGS There were no public hearing items. DIRECTOR’S REPORT Interim Director Landavazo provided an ADU Ordinance update and answered Commissioners questions pertaining to ADU’s. COMMISSION CONCERNS Commissioner Campbell encouraged the community to tour the holida y lights in College Park East and announced that CPENA designated 7 homes as this year’s winners. Chair Thomas wished everyone a happy holiday and thanked City Clerk Robin Roberts as this is her last meeting as City Clerk. ADJOURNMENT Chair Thomas adjourned the Planning Commission meeting at 7:23 p.m. to Monday, January 7, 2019 at 7:00 p.m. ___________________________ Dana Engstrom, Deputy City Clerk Approved: _______________________ Patricia Campbell, Chair Attest: _______________________ Dana Engstrom, Deputy City Clerk 4 6 4 PLANNING COMMISSION STAFF REPORT DATE:April 15, 2019 TO:Planning Commission THRU:Gloria Harper, City Clerk FROM:Steve Fowler, Assistant Planner SUBJECT:Approval of January 22, 2019 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on January 22, 2019 Prepared by: Approved by: Gloria Harper Steve Fowler Gloria Harper Steve Fowler City Clerk Assistant Planner Attachment: 1. Minutes City of Seal Beach – Planning Commission January 22, 2019 Chair Thomas called the regular meeting of the Planning Commission to order at 7:0 1 p.m. in the City Council Chambers. Commissioner Campbell led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Grgas, Thomas, Aguilar Absent: Klinger Staff Present: Carol Lynch, Assistant City Attorney Crystal Landavazo, Interim Community Development Director Steven Fowler, Assistant Planner Dana Engstrom, Deputy City Clerk Motion by Thomas, second by Aguilar to excuse Commissioner Klinger’s absence. AYES: Aguilar, Campbell, Grgas, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried APPROVAL OF AGENDA Motion by Campbell, second by Aguilar, to approve Agenda. AYES: Aguilar, Campbell, Grgas, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Thomas opened oral communications. Speakers: Lynn Larson spoke regarding item B. Chair Thomas closed oral communications. CONSENT CALENDAR There were no consent calendar items. SCHEDULED MATTERS A. Reorganization of the Planning Commission – Election of new Chairperson and Vice-Chairperson for 2019 Motion by Aguilar to nominate Commissioner Campbell for Chair, second by Grgas. AYES: Aguilar, Campbell, Grgas, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried Motion by Campbell to nominate Commissioner Aguilar for Vice Chair, second by Grgas. AYES: Aguilar, Campbell, Grgas, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried CONTINUED ITEMS There were no continued items. NEW BUSINESS B. Minor Use Permit (MUP) 18-13 48 Riversea Road Applicant: Baxter & June Arnold Request: Request for a Minor Use Permit (MUP 18-13) to allow a two-story manufactured home within Seal Beach Shores located in the Residential High Density (RHD-33) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-1, APPROVING Minor Use Permit 18-13 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 history of the trailer park, classifications, and requirements. Chair Campbell opened the public hearing. Speakers: The applicant’s realtor, Serena Goss spoke regarding requirements of the trailer park. Chair Campbell closed public comment. Aguilar moved, second by Thomas, to adopt Resolution No. 19-1, APPROVING Minor Use Permit 18-13 with Conditions. AYES: Aguilar, Campbell, Grgas, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried Assistant City Carol Lynch noted that the ten-day appeal period starts tomorrow. DIRECTOR’S REPORT Interim Director Landavazo had no comments. COMMISSION CONCERNS Commissioner Grgas inquired about applications for garage conversions. Interim Director Landavazo provided an update on the ADU Ordinance at the request of Commissioner Grgas. Commissioner Aguilar expressed his excitement regarding the Pier and Bay Theater completion in 2019. ADJOURNMENT Chair Campbell adjourned the Planning Commission meeting at 7:32 p.m. to Monday, February 4, 2019 at 7:00 p.m. ___________________________ Dana Engstrom, Deputy City Clerk Approved: _______________________ Patricia Campbell, Chair Attest: _______________________ Dana Engstrom, Deputy City Clerk PLANNING COMMISSION STAFF REPORT DATE:April 15, 2019 TO:Planning Commission FROM:Steve Fowler, Assistant Planner SUBJECT:Request for MINOR USE PERMIT (MUP 19-2) to allow the installation of a roof mounted air conditioning unit with screening at a nonconforming property that is nonconforming due to setbacks and height in the Residential High Density (RHD-20) zoning area. LOCATION:320 Central Avenue APPLICANT:Golden Edge Construction on behalf of Linda Tachjian RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-3, APPROVING Minor Use Permit 19-2 with Conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 043-113-31 LOT AREA: 2,565.5 sf.ft. GROSS FLOOR AREA: 2,417 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 a roof mounted air conditioning unit 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 April 4, 2019 and mailed to property owners and occupants within a 300’ radius of the subject property on April 4, 2019, with affidavits of publishing and mailing on file. . VICINITY MAP: AERIAL MAP: ANALYSIS The subject site is located on the southwest corner of Central Avenue and 4th Street, in the Residential High Density (RHD-20) zone. The property is developed with a two-story single- family residence with attached garage totaling approximately 2,417 square feet in size. The application is to allow the installation of a roof mounted air conditioning unit with screening. The site is surrounded by single-family residences on all sizes. The subject property is nonconforming due to interior side yard setback and height. According to Table 11.2.05.015 of the Seal Beach Municipal Code, interior lot properties in the RHD-20 zone are required to maintain a side yard setback that is 10% of the lot width, or a 3 ft. minimum. The subject property measures approximately 25.65 feet wide by 100 feet deep. Based on these dimensions, the development standard requires a side yard setback of 3 feet. The residence has a one-foot 6 inch side yard setback at the attached garage in the rear of the property. According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties in the RHD-20 zone are required to not exceed a maximum height of 25 feet. The existing residence is 26 feet in height. The owner is requesting approval of Minor Use Permit (MUP) 19-2 to allow the installation of a roof mounted air conditioning unit with screening on a nonconforming property that is nonconforming due to setbacks and height. This will add a roof mounted air conditioning unit with screening to an existing two-story residence. The proposed installation will not result in additional lot coverage as the areas of construction are already covered by existing structures. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration of a structure’s exterior or other similar improvements, as determined by the director. The subject building is proposed to have no additional bedrooms or bathrooms. The alterations proposed on the subject site are consistent with the provisions of this code and similar to other improvements in the area. The proposal will not intensify the nonconforming setback or height requirement as the screening is under the 25 feet height limit and will maintain a minimum 3 feet interior setback. The resolution conditions the approval to maintain continuing compliance with those requirements. CONCLUSION After concluding the public hearing and receiving public testimony, staff recommends that the Planning Commission adopt attached Resolution No. 19-3 approving MUP 19-2 to allow the installation of a roof mounted air conditioning unit with screening at a nonconforming property. Prepared by: Steve Fowler Steve Fowler Community Development Department Attachments: 1. Resolution No. 19-3 – A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use Permit 19-2 to allow the installation of a roof mounted air conditioning unit with screening at a nonconforming property at 320 Central Avenue in the Residential High Density (RHD-20) zoning area. 2. Site Plan and Elevations Page 1 of 3 RESOLUTION NO. 19-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 19-2 TO ALLOW THE INSTALLATION OF A ROOF MOUNTED AIR CONDITIONING UNIT WITH SCREENING AT A NONCONFORMING PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS AND HEIGHT IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONED AREA AT 320 CENTRAL AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Golden Edge Construction (“the applicant”) on behalf of Linda Tachjian (“the owner”) submitted an application to the Community Development Department for Minor Use Permit 19-2. The proposed project includes the proposed installation of a roof mounted air conditioning unit with screening at a nonconforming property that is nonco nforming due to setbacks and height 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 a roof mounted air conditioning unit 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 April 15, 2019 to consider Minor Use Permit 19-2. 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 19-2 for a proposed project at 320 Central Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2.565.5 square feet. The subject property has a lot width of 25.65 feet with a lot depth of 100 feet. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a two-story single family residence with an attached two-car garage. Based on the setback on the west side and the height of the existing residence, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconf ormity because the proposed roof mounted air conditioning unit with screening will not exceed 25 feet in height and will maintain the required 3 feet setback which meets all setback and height requirements. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration of a structure’s exterior or other similar improvements, as determined by the director through the approval of a Minor Use Permit. The applicant is requesting to install a roof mounted air conditioning unit with screening. 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 installation of a roof mounted air conditioning unit with screening of the existing residence will not change the character of the property, will not expand any nonconformity, and will be consistent with other surrounding properties. Resolution 19-3 320 Central avenue Page 2 of 3 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 which involves the removal or alteration of a structure’s exterior or other similar improvements, as determined by the director m 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 single-family residence and is considered nonconforming due to setbacks and height. The installation of a roof mounted air conditioning unit with screening 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 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 single -family residence, 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 installation of a roof mounted air conditioning unit with screening 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 19-2 for the installation of a roof mounted air conditioning unit with screening on an existing single-family residence that is nonconforming due to setbacks and height is subject to the following conditions: 1. Minor Use Permit 19-2 is approved for the installation of a roof mounted air conditioning unit with screening of the existing single-family residence on the nonconforming property located at 320 Central Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 19-2. 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. The applicant is required to obtain California Coastal Commission approval prior to submission of plans for plan check. 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. The height of the roof mounted air conditioning unit with screening shall not exceed the 25-foot height limit applicable to the property, and the property including the air conditioning unit shall maintain the minimum three-foot interior side yard setback at all times. 7. 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. Resolution 19-3 320 Central avenue Page 3 of 3 8. 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 April 15, 2019, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patty Campbell Chairperson ATTEST: __________________________ Steve Fowler Planning Commission Secretary PLANNING COMMISSION STAFF REPORT DATE:April 15, 2019 TO:Planning Commission FROM:Steve Fowler, Assistant Planner SUBJECT:Request for MINOR USE PERMIT (MUP 19-1) to allow an interior remodel to convert an existing closet into a bathroom at a nonconforming property that is nonconforming due to setbacks in the Residential High Density (RHD-20) zoning area. LOCATION:339 10th Street APPLICANT:Michael Gibbsons RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-2, APPROVING Minor Use Permit 19-1 with Conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 043-113-31 LOT AREA: 2,937.5 sf.ft. GROSS FLOOR AREA: 1,301.71 sq. ft. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-20) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-20) EAST: RESIDENTIAL HIGH DENSITY (RHD-20) WEST: MAIN STREET SPECIFIC PLAN (MSSP) 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 April 4, 2019 and mailed to property owners and occupants within a 300’ radius of the subject property on April 4, 2019, with affidavits of publishing and mailing on file. . VICINITY MAP: AERIAL MAP: ANALYSIS The subject site is located on the west side of 10th Street between Pacific Coast Highway and Electric Avenue at 339 10th Street, in the Residential High Density (RHD-20) zone. The property is developed with a one-story single-family residence with a garage totaling approximately 1,301 square feet in size. The application is for the remodel of the interior of the interior of the residence to add a bathroom the site is surrounded by single-family residences to the north and south, to the east is a church, and to the west are commercial uses. The subject property is nonconforming due to the south interior side yard setback of the detached garage. According to Table 11.2.05.015 of the Seal Beach Municipal Code, interior lot properties in the RHD-20 zone are required to maintain a side yard setback that is 10% of the lot width, or a 3 ft. minimum. The subject property measures approximately 25 feet wide by 117.5 feet deep. Based on these dimensions, the development standard requires a side yard setback of 3 feet. The residence has 3 ft. side yard setback but the detached garage is constructed on the south property line. The owner is requesting approval of Minor Use Permit (MUP) 19-1 to allow an interior remodel to convert an existing closet into a bathroom at a nonconforming property that is nonconforming due to setbacks. This will add a bathroom to the existing two bedrooms, one bathroom residence. The proposed remodel will not result in additional lot coverage as the areas of construction are already covered by existing structures. 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. The subject building is proposed to have no additional bedrooms and add a bathroom which will have a bedroom to bathroom ratio of a bathroom for each bedroom which will conform to this provision. The alterations proposed on the subject site are consistent with the provisions of this code. CONCLUSION After concluding the public hearing and receiving public testimony, staff recommends that the Planning Commission adopt attached Resolution No. 19-2 approving MUP 19-1 to allow an interior remodel to convert an existing closet into a bathroom at a nonconforming property. Prepared by: Steve Fowler Steve Fowler Community Development Department Attachments: 1. Resolution No. 19-2 – A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use Permit 19-1 to allow an interior remodel to convert an existing closet into a bathroom at a nonconforming property at 339 10th Street in the Residential High Density (RHD-20) zoning area. 2. Site Plan and Floor Plan Page 1 of 3 RESOLUTION NO. 19-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 19-1 TO ALLOW AN INTERIOR REMODEL TO CONVERT AN EXISTING CLOSET INTO A BATHROOM AT A NONCONFORMING PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONED AREA AT 339 10TH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Michael Gibbsons (“the applicant”) submitted an application to the Community Development Department for Minor Use Permit 19-1. The proposed project includes the interior remodel to convert an existing closet into a bathroom at a nonconforming property that is nonconforming due to 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 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 April 15, 2019 to consider Minor Use Permit 19-1. 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 19-1 for a proposed project at 339 10th Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,937 square feet. The subject property has a lot width of 25 feet with a lot depth of 117.5 feet. The site is surrounded by residential uses on the north and south, commercial uses to the west and a church to the east. C. The subject property is currently developed with a one -story single family residence with a detached two -car garage. Based on the setback on the south side the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because the proposed remodel will take place in the residence which meets all setback requirements. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the interior remodel of less than 25 percent of the walls through the approval of a Minor Use Permit. The applicant is requesting to remodel the interior of the residence to convert an existing closet into a bathroom. 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: Resolution 19-2 339 10th Street Page 2 of 3 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 remodel to convert an existing closet into a bathroom of the existing residence will not change the character of the property, 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 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 which involves a remodel to convert an existing closet into a bathroom 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 one-story single-family residence and is considered nonconforming due to setbacks. The remodel to convert an existing closet into a bathroom 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 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 single-family residence, 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 remodel to convert an existing closet into a bathroom 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 19-1for the remodel to convert an existing closet into a bathroom within an existing single-family residence that is nonconforming due to setbacks is subject to the following conditions: 1. Minor Use Permit 19-1 is approved for the remodel to convert an existing closet into a bathroom of the existing single-family residence on the nonconforming property located at 339 10th Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 19-1. All new construction shall comply with all applicable state and local codes. Resolution 19-2 339 10th Street Page 3 of 3 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. 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. 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 . PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 15, 2019, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patty Campbell Chairperson ATTEST: __________________________ Steve Fowler Planning Commission Secretary NEW WALL WALL LEGEND EXISTING WALL DEMO WALL 3' - 1"R 1' - 3"(E) BEDROOM 1 (E) BEDROOM 2 (E) BATHROOM (E) CLOSET (E) LIVING ROOM (N) RESTROOM (E) KITCHEN (E) DINING ROOM (E) HALLWAY (E) GARAGE (N) WATER HEATER LOCATION (N) ELEC. PANEL LOCATION (E) DECK 3' - 6" 3' - 10" 3' - 0" 2' - 3" 3' - 6" 3' - 7" 7' - 1"5' - 4"(N) ELEC. BREAKER LOCATION PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINENORTH 117' - 6"25' - 0"1. THIS PROJECT CONFORM TO 2017 CBC, 2013 CPC, 2013 CMC, 2013 CEC, 2013 ENERGY CODE. 2. ALL CONCENTRATED DRAINAGE, INCLUDING ROOF WATER, SHALL BE CONDUCTED VIA GRAVITY, TO THE STREET OR AN APPOVED LOACTION AT A 2% MINIMUM 3. MANUFACTURED DOORS AND WINDOWS SHALL BE CERTIFIED AND LABELED IN COMPLIANCE WITH THE APPROPRIATE INFILTRATION STANDARDS. CAULK PLUMBING AND ELECTRICAL PENETRATIONS,ALL WINDOW AND DOOR FRAMES, BETWEEN WALL SOLEPLATES AND FLOORS AND ALL OTHER OPENING IN THE ENVELOPE. ALL EXTERIOR OPENINGS SHALL BE PROPERLY WEATEHRSTRIPPED, CERTIFIED AND LABELED 4. THE BUILDING DESIGN MEETS THE REQUIREMENTS OF TITLE 24, PART 2, CHAPTER 2-53. INSULATION INSTALLER SHALL POST IN A CONSPICUOUS LOCATION IN THE BUILDING A CERTIFICATE SIGNED BY THE INSTALLER AND BUILDER STATING THAT THE INSTALLATION CONFORMS WITH THE REQUIREMENTS OF TITLE 24, CHAPTER. 2-53 AND THAT THE MATERIALS INSTALLED CONFORM WITH THE REQUIREMENTS OF TITLE 20, CHAPTER2, SUBCHAPTER4, ARTICLE 3 5. MINIMUM DUAL GLAZING REQUIRED IN ALL NEW WINDOWS 6. CONCEALED SPACES OF WALLS, PARTITIONS AND FU- RRING SHALL BE FIRE STOPPED WITH 2 IN. MATERIAL. THE FULL WIDTH OF THE STUDS AT THE FLOOR AND CEILING LEVELS, AND AT INTERVALS NOT TO EXCEED 10 FEET HORIZONTALLY. 7. ALL INFORMATION SHOWN IN THE DRAWINGS RELATIVE TO EXISTING CONDITIONS IS GIVEN AS THE BEST PRESENT KNOWLEDGE, BUT WITHOUT GUARANTEE OF ACCURACY, WHERE ACTUAL CONDITIONS CONFLICT WITH THE DRAWINGS, THEY SHALL BE REPORTED TO THE DESIGNER SO THAT THE PROPER REVISIONS MAY BE MADE, MODIFICATIONS OF DETAILS OF CONSTRUCTION SHALL NOT BE MADE WITHOUT WRITTEN APPROVAL OF THE DESIGNER OR ENGINEER. SCOPE OF WORK: RELOCATION OF ELECTRIC METER, WATER HEATER AND CONSTRUCTION OF NEW RESTROOM WHITTIN EXISTING CONSTRUCTION, NO SQUARE FOOTAGE ADDED. ZONING RHD-PD SITE AREA 2,937.5 SF EXISTING RESIDENCE 899 SF EXISTING GARAGE 402.71 SF TOTAL LIVABLE AREA 899 SF LOT COVERAGE 44.31 % CODE 2017 CRC LEGAL DESCRIPTION: PARCEL # 043-113-31 SHEET NUMBERSHEET TITLEDESIGNER PROJECT NO.: DRAWN BY: CHECKED BY: SCALE: ISSUE 54321□□□□□ 54321□□□□□ □ D □ C □ B □ A PROJECT NAMEOF 339 10th STREETSEAL BEACH, CA 90740DESIGNER:Juan Guzman 626.388.7389Author Checker T-01FLOOR PLANRESIDENTIAL REMODELSCALE:1/4" = 1'-0" GROUND LEVEL 1 SCALE:1/4" = 1'-0" PROJECT INFORMATION 2 SCALE:1/4" = 1'-0" VICINITY MAP