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HomeMy WebLinkAboutPacket_10072019CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday,October 7,2019 —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 the August 5,2019 Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS B.MINOR USE PERMIT (MUP 19-6) 102 A Surfside Avenue Applicant:Cindy Goff/Kevin Talbot Request:Request for a MINOR USE PERMIT (MUP 19-6)to allow for an interior and exterior remodel to an existing kitchen and bathroom,relocate interior stairs, removal of eight windows,and provide a new exterior stucco finish at a nonconforming property that is nonconforming due to height in the Residential Low Density (RLD-9)Zone. Recommendation:After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No.19-15,APPROVING Minor Use Permit 19-6 with Conditions. PUBLIC HEARINGS C.REASONABLE ACCOMMODATION (RA 19-1) 4880 Dogwood Avenue Applicant:Andy Wolf Request:Request for a REASONABLE ACCOMMODATION RA 19-1 to allow for the interior and exterior remodel to an existing living room to create a bathroom and bedroom on the first floor of a two story single-family residence on a property that already has 5 bedrooms and a two-car garage in the Residential Low Density (RLD-9)Zone. Recommendation:After reviewing the application,staff recommends that the Planning Commission adopt Resolution No.19-16,APPROVING Reasonable Accommodation 19-1 with conditions. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday,October 21,2019 at 7:00 p.m. 5 4 8 PLANNING COMMISSION STAFF REPORT DATE:October 7, 2019 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Steve Fowler, Interim Community Development Director SUBJECT:Approval of the August 5, 2019 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on August 5, 2019 Prepared by: Approved by: Gloria D. Harper Steve Fowler Gloria D. Harper Steve Fowler City Clerk Interim Director of Community Development Attachment: 1. Minutes City of Seal Beach – Planning Commission August 5, 2019 Vice Chair Aguilar called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Interim Community Development Director Steven Fowler led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Aguilar, Miller, Thomas Absent: Commissioners: Campbell, Klinger Staff Present: Amy Greyson, Assistant City Attorney Steven Fowler, Interim Community Development Director Marco Cuevas, Assistant Planner Gloria D. Harper, City Clerk Motion by Thomas, second by Miller, to excuse the absence of Commissioner Campbell and Klinger. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried APPROVAL OF AGENDA Motion by Thomas, second by Miller, to approve Agenda. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Vice Chair Aguilar opened oral communications. Speakers: There were no speakers. Vice Chair Aguilar closed oral communications. CONSENT CALENDAR A. Approval of July 1, 2019 Minutes Motion by Thomas, second by Miller to approve the July 1, 2019 Minutes. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried B. Approval of July 15, 2019 Minutes Motion by Thomas, second by Miller to approve the July 15, 2019 Minutes. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried NEW BUSINESS C.Minor Use Permit (MUP 19-5) 228 13th Street Applicant: Otis Architecture Request: Request for a Minor Use Permit (MUP 19-5) to allow the interior remodel and exterior remodel of an existing two-story single-family residence that is nonconforming due to setbacks and interior garage size within the Residential High Density (RHD-20) zoning area. Recommendation: After reviewing the application, staff recommends that the Planning Commission adopt Resolution 19-12, APPROVING Minor Use Permit 19-5 with conditions. Interim Community Development Director Steven Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Vice Chair Aguilar opened the public hearing. Speakers: There were no speakers. Vice Chair Aguilar closed public comment. Motion by Miller, second by Thomas to adopt Resolution No. 19-12, APPROVING Minor Use Permit 19-5 with conditions. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. D.MINOR USE PERMIT (MUP 19-4) 43 B Surfside Avenue Applicant: FARR Capital LLC/Kevin Chinnock Request: Request for a MINOR USE PERMIT (MUP 19-4) to allow an interior and exterior remodel to convert an existing first floor family room and kitchen to a master bedroom, and convert the existing second floor master bedroom and bathroom area into a kitchen, living and dining room at a nonconforming property that is nonconforming due to setbacks in the Residential Low Density (RLD-9) Zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-11, APPROVING Minor Use Permit 19-4 with conditions Interim Community Development Director Steven Fowler introduced Assistant Planner Marco Cuevas, who provided a comprehensive staff report, indicated no correspondence was received regarding the project and answered questions. Vice Chair Aguilar opened the public hearing. Speakers: Carolyn Rulo and Tisha Lumpo. Kevin Chinnock introduced himself, thanked the Commission and answered questions. Vice Chair Aguilar closed public comment. Commissioner Thomas offered comments in support of the item. Vice Chair Aguilar offered comments in support of the item. Motion by Thomas, second by Aguilar, to adopt Resolution No. 19-11, APPROVING Minor Use Permit 19-4 with conditions. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. PUBLIC HEARINGS E.Conditional Use Permit (CUP 19-6) 218 13th Street Applicant: Steve Sennikoff Request: Request for a Conditional Use Permit (CUP 19-6) to allow the addition of 751 square feet and the interior remodel of an existing one-story single-family residence that is nonconforming due to setbacks within the Residential High Density (RHD-20) zoning area. Recommendation: After reviewing the application, staff recommends that the Planning Commission adopt Resolution 19-14, APPROVING Conditional Use Permit 19-6 with conditions. Interim Community Development Director Steven Fowler provided a comprehensive staff report, indicated no correspondence was received regarding the project and answered questions. Vice Chair Aguilar opened the public hearing. Speakers: There were no speakers. Vice Chair Aguilar closed public comment. Motion by Miller, second by Thomas, to adopt Resolution No. 19-14, APPROVING Conditional Use Permit 19-6 with conditions. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. F.Conditional Use Permit (CUP 19-5) 3901 Lampson Avenue Applicant: Frank Herrera Request: Request for a Conditional Use Permit (CUP 19-5) to allow an interior remodel to and existing banquette facility to reduce the size of an existing bar and create an additional bar within the facility at the Old Ranch Country Club in the Recreation/Golf (RG) Zone Recommendation: After reviewing the application, staff recommends that the Planning Commission adopt Resolution 19-13, APPROVING Conditional Use Permit 19-5 with conditions. Interim Community Development Director Steven Fowler provided a comprehensive staff report, indicated no correspondence was received regarding the project and answered questions. Commissioner Thomas clarified that parking was vetted in great detail. Vice Chair Aguilar opened the public hearing. Speakers: Frank Herrera introduced himself, and designer and architect Frank Trinosky, thanked the Commission and answered questions. Vice Chair Aguilar closed public comment. Motion by Aguilar, second by Thomas, to adopt Resolution No. 19-13, APPROVING Conditional Use Permit 19-5 with conditions. AYES: Aguilar, Miller, Thomas NOES: None ABSENT: Campbell, Klinger ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. DIRECTOR’S REPORT Interim Community Development Director Steven Fowler announced that the Goals and Policy Workshop for the Seal Beach Local Coast Program is scheduled for Wednesday, August 21, 2019 from 6:00 - 8:00 p.m. at the Marina Community Center located at 151 Marina Drive. COMMISSION CONCERNS Vice Chair Aguilar spoke about the excessive trash that lands on the beach; announced that he has taken the initiative to discuss the issue in detail with Senator Umberg at an August 16th meeting; and requested that information from citizens and/or city staff related to the matter be emailed to him at RAguilar@sealbeachca.gov. ADJOURNMENT Vice Chair Campbell adjourned the Planning Commission meeting at 7:48 p.m. to Monday, August 19, 2019 at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Robert Aguilar, Vice Chair Attest: _______________________ Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE:October 7, 2019 TO:Planning Commission THRU:Steve Fowler, Interim Director of Community Development FROM:Marco Cuevas Jr., Assistant Planner SUBJECT:Request for a MINOR USE PERMIT (MUP 19-6) to allow for an interior and exterior remodel to an existing kitchen and bathroom, relocate interior stairs, removal of eight windows, and provide a new exterior stucco finish at a nonconforming property that is nonconforming due to height in the Residential Low Density (RLD-9) Zone. LOCATION:102 A Surfside Avenue APPLICANT:Cindy Goff/Kevin Talbot RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-15, APPROVING Minor Use Permit 19-6 with Conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL LOW DENSITY ZONE:RLD-9 (RESIDENTIAL LOW DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 178-462-39 LOT AREA: 1,680 SQ. FT. GROSS FLOOR AREA: 3,723 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-9) SOUTH: BEACH (BEA) EAST: RESIDENTIAL LOW DENSITY (RLD-9) WEST: RESIDENTIAL LOW DENSITY (RLD-9) 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 alterations to the interior and exterior of an existing residential property 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 September 26, 2019 and mailed to property owners and occupants within a 300’ radius of the subject property on September 26, 2019, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: ANALYSIS The project architect, Cindy Goff, filed the application with the Community Development Department for Minor Use Permit (MUP) 19-6 on behalf of the owner, Kevin Talbot, to allow remodeling of the interior and exterior of the property. The subject site is a 1,680 square foot parcel located on the south side portion of Surfside Avenue within the Surfside Colony, a gated private residential community. The lot is currently developed with a four-story residence. The subject site is in the Residential Low Density (RLD-9) zoning area and is surrounded by residential uses. The subject property is nonconforming due to the height of the structure, which exceeds the height limit by 1 foot. According to Table 11.2.05.015 A.3 of the Seal Beach Municipal Code, Surfside Building Heights are limited to a maximum of 35 feet. The subject property measures 36 feet in height. Based on this height dimension, all proposed renovations are subject to review and approval by a Minor Use Permit. The proposed improvements to the interior of the residence consist of the following modifications: a first floor remodel to include a new bathroom, laundry room, and relocation of the stairway to the second floor; the second floor remodel consists of the addition of two new walk-in closets, and continued relocation of the stairway; the third floor remodel consists of renovations applied to the exsiting kitchen, and the fourth floor will remain unchanged. No additional habitable square footage is proposed. The proposed improvements to the exterior of the residence include removal of eight fixed windows from the east and west elevations, and re-stucco the residence to provide a smooth finish. The proposed improvements will not result in additional lot coverage as the areas of improvement are currently covered by the existing structure. 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 the same amount of bedrooms and add one and one-half bathrooms for a total of 3 bedrooms and 4 bathrooms, which conforms to the provisions of SBMC § 11.4.40.015.B. The alterations proposed on the subject site are consistent with the provisions of the code and similar to other improvements in the area. 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. 19-15 approving MUP 19-6 to allow the interior and exterior remodel at a nonconforming property. Prepared by: Marco Cuevas Steve Fowler Marco Cuevas Jr. Steve Fowler Assistant Planner Interim Director of Community Development Attachments: 1. Resolution No. 19-15 – A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use Permit 19-6 to allow the interior and exterior remodel of a nonconforming property at 102 A Surfside Avenue in the Residential High Density (RLD- 9) zoning area. 2. Site Plan and Elevations RESOLUTION NO. 19-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 19-6 TO ALLOW AN INTERIOR AND EXTERIOR REMODEL TO AN EXISTING KITCHEN AND BATHROOM, RELOCATE INTERIOR STAIRS, REMOVE EIGHT WINDOWS, AND PROVIDE A NEW EXTERIOR STUCCO FINISH AT A NONCONFORMING PROPERTY THAT IS NONCONFORMING DUE TO HEIGHT IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Cindy Goff, (“the applicant”) on behalf of Kevin Talbot (“the owner”) submitted an application to the Community Development Department for Minor Use Permit 19-6. The proposed project includes the alteration of less than 25% of interior walls to allow the remodel of the interior of an existing single family home by (1) remodeling the first floor by altering walls to add a new bathroom, laundry room, and relocation of the stairway to the second floor; (2) remodeling the second floor with the addition of two new walk-in closets, and continued relocation of the stairway; (3) remodeling the kitchen on the third floor; (4) the fourth floor will remain largely unchanged; and (5) removal of eight exterior windows and restuccoing the wall to match the existing stucco finish, on a property which is nonconforming due to height located in the Residential Low Density (RLD-9) 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 hearing was held before the Planning Commission on October 7, 2019 to consider Minor Use Permit 19-6. 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 applicant submitted an application to the Community Development Department for Minor Use Permit 19-6 for a proposed project at 102 A Surfside Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 1,680 square feet. The subject property has a lot width of 25 feet with a lot depth of 67.18 feet. The site is surrounded by residential uses on the north, east, and west sides, and beach to the south. C. The subject property is currently developed with a single residential unit. Based on the height, 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. Resolution 19-15 102 A Surfside Avenue 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. 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. The General Plan specifies that redevelopment in the Surfside Colony is to be compatible with the physical characteristics of its site, surrounding land uses, and available infrastructure. The proposed minor improvements will not change the character of the residence and will be consistent with other 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 Surfside RLD-9 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvements which involve interior and exterior alterations. 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 single family residence with an attached garage and is considered nonconforming due to height. The alteration of less than 25% of interior walls will not add habitable space and will maintain development standards applicable to the RLD-9 zone. 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 Surfside RLD-9 zone, which consists of properties developed as single family residences. The property is proposed to be used as a single family residence which is consistent with the surrounding area. 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 19-6 for alteration of less than 25% of interior walls in order to remodel the first floor by adding a new bathroom, laundry room, and relocate the stairway to the second floor; remodel the second floor with the addition of two new walk-in closets, and continued relocation of the stairway; remodel the third floor with renovations applied to the exsiting kitchen; and removal of eight exterior windows and restuccoing the wall to match the Resolution 19-15 102 A Surfside Avenue existing stucco finish, for the property located in the Surfside Colony in the Residential Low Density RLD (9) zoning area, subject to the following conditions: 1. Minor Use Permit 19-6 is approved for the alteration of less than 25% of interior walls in order to remodel the first floor by adding a new bathroom, laundry room, and relocate the stairway to the second floor; remodel the second floor with the addition of two new walk-in closets, and continued relocation of the stairway; remodel the third floor with renovations applied to the exsiting kitchen; and removal of eight exterior windows and restuccoing the wall to match the existing stucco finish, at a nonconforming property located at 102 A Surfside Avenue. 2. All plan checks and construction shall be in substantial compliance with the plans approved through Minor Use Permit 19-6. 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. All materials, color, and finishes of the wall finish will be consistent with existing roof pitches and exterior finishes of the residential dwelling. 5. Applicant shall obtain California Coastal Commission approval prior to building permit issuance. 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 October 7, 2019, by the following vote: Resolution 19-15 102 A Surfside Avenue AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patricia Campbell Chairperson ATTEST: __________________________ Steven Fowler Planning Commission Secretary THESE PLANS ARE THE PROPERTY OF CINDY GOFF ARCHITECTURE AND MAY NOT BE REPRODUCED IN PART OF WHOLE WITHOUT THE EXPRESSED WRITTEN PERMISSION OF CINDY GOFF ARCHITECT. *#<'.$411-#8'.10)$'#%*%# TOP OF TREAD 34" TO 38" TO 2-14"x2" LAG BOLTSCREWED INTO3/8"STEELBRACKET2x6 BLOCKING1 1/2" MIN.1 1/2" TO 2"3 1/2" MAXMAX.BOLT EA. LEGANGLE - 3"x3"x1/4"EACH SIDE w/5/8"dia.2 SIMPSON A35EACH SIDE6"LESS THAN6"4"36"NOTE: 4" DIAMETER SPHERE MAYNOT PASS THROUGH THE OPEN SPACEBETWEEN INTERMEDIATE RAILSOR PICKETS(TYP.)CLR.FF2x STRINGER2x4 TOE PLATEWOOD1 1/8" PLYWD.6'-8" MIN. HEADROOM CLEARANCE 11" TREAD34" MIN. 38" MAXTREADS &RISERS‘3/4"-1-1/4" NOSING7.25"+/- MAX 7.75".1NOTE: STAIRS SHALL NOT BE LESS THAN 36" CLR.WIDTH AT ALL POINTS ABOVE PERMITTED HANDRAIL.AND BELOW REQD. HEADROOM HEIGHT.PER CRC311.7.1 THESE PLANS ARE THE PROPERTY OF CINDY GOFF ARCHITECTURE AND MAY NOT BE REPRODUCED IN PART OF WHOLE WITHOUT THE EXPRESSED WRITTEN PERMISSION OF CINDY GOFF ARCHITECT. *#<'.$411-#8'.10)$'#%*%# THESE PLANS ARE THE PROPERTY OF CINDY GOFF ARCHITECTURE AND MAY NOT BE REPRODUCED IN PART OF WHOLE WITHOUT THE EXPRESSED WRITTEN PERMISSION OF CINDY GOFF ARCHITECT. *#<'.$411-#8'.10)$'#%*%# THESE PLANS ARE THE PROPERTY OF CINDY GOFF ARCHITECTURE AND MAY NOT BE REPRODUCED IN PART OF WHOLE WITHOUT THE EXPRESSED WRITTEN PERMISSION OF CINDY GOFF ARCHITECT. *#<'.$411-#8'.10)$'#%*%# 6#.$164'5+&'0%'THESE PLANS ARE THE PROPERTY OF CINDY GOFF ARCHITECTURE AND MAY NOT BE REPRODUCED IN PART OF WHOLE WITHOUT THE EXPRESSED WRITTEN PERMISSION OF CINDY GOFF ARCHITECT. *#<'.$411-#8'.10)$'#%*%# PLANNING COMMISSION STAFF REPORT DATE:October 7, 2019 TO:Planning Commission FROM:Steve Fowler, Interim Director of Community Development SUBJECT:Request for REASONABLE ACCOMMODATION RA 19-1 to allow for the interior and exterior remodel to an existing living room to create a bathroom and bedroom on the first floor of a two story single-family residence on a property that already has 5 bedrooms and a two-car garage in the Residential Low Density (RLD-9) Zone. LOCATION:4880 Dogwood Avenue APPLICANT:Andy Wolf RECOMMENDATION:After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 19-16, APPROVING Reasonable Accommodation 19-1 with conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL LOW DENSITY ZONE:RLD-9 (RESIDENTIAL LOW DENSITY SITE DESCRIPTION:Assessor’s Parcel Map Number: 217-123-16 Lot Area: 5,493 square feet Building Area: 2,707 square feet Surrounding Properties: North: Residential Low Density (RHD-9) South: Residential Low Density (RLD-9) East: Residential Low Density (RLD-9) West: Residential Low Density (RLD-9) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Conversion of small structures) Categorical Exemption pursuant to Section 15301(e)1 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior and exterior remodel at an existing residence where modifications are required for the renovation. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on September 26, 2019 and mailed to property owners and occupants within a 500’ radius of the subject property on September 26, 2019, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: ANALYSIS Andy Wolf (“the applicant”), on behalf of his mother Miriam Wolf (“the owner”) filed an application for Reasonable Accommodation 19-1 to allow for the interior and exterior remodel to an existing living room to create a bathroom and bedroom on the first floor of a two story single-family residence on a property that already has 5 bedrooms and a two-car garage in the Residential Low Density (RLD-9) Zone. The subject site is an irregular shaped 5,493 sq. ft. parcel located on the south side of Dogwood Avenue, between Wisteria Street and Primrose Street in the College Park East area within the RLD-9 (Residential Low Density) zoning area. The parcel is currently developed with a two-story single family residence and attached two-car garage that has 5 bedrooms. The subject site is surrounded by residential uses on all sides. The applicant is proposing to add a bedroom to the existing single-family residence. According the Seal Beach Municipal Code (SBMC §11.5.30) the purpose of this chapter is to allow reasonable accommodations to the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The subject property currently has 5 bedrooms approved for this residence and only a two-car garage. Once an additional bedroom is added it will require an additional enclosed parking space. This applicant is requesting to construct a bedroom and bathroom down stairs in the living room to allow the home owner the ability to continue to reside in the house she has lived in for over 40 years. She has provided a letter detailing her health condition which prohibits her from utilizing the stairs and the stair chair lift that was installed to assist her up the stairs to the bedrooms. The applicant has provided a letter from Los Alamitos Pulmonary Medical Associates dated September 13, 2019 and signed by Doctor Richard Rucker detailing her condition. With this letter it has been determined that due to her condition she will need an exception to Seal Beach Municipal Code Table (11.4.20.015.A.1) that addresses 3 parking spaces required per dwelling for each unit of 6 bedrooms. The owner cannot drive so a parking space would not be necessary. The Seal Beach Municipal Code (SBMC § 11.5.30.025) states reasonable accommodations shall expire 24 months after the effective date of approval or at an alternative time specified as a condition of approval unless (1) a building permit has been issued and construction commenced; (2) the use is established; or (3) a time extension has been granted.. A one year extension may be granted by the Planning Commission for good cause. The application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date. The Seal Beach Municipal Code (SBMC § 11.5.30.020.F) also provides that a reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. If granted the applicant will be required to record a covenant on the property that indicates the 6th bedroom will be required to be removed once the owner no longer lives at the location, or prior to close of escrow of the property if the owner will no longer live at the property upon sale, unless the director makes certain findings set forth in the Municipal Code, and that incorporates the conditions of approval . The Seal Beach Municipal Code (SBMC § 11.5.30.020.D & E) allows the City to consider the certain factors to determine whether the request is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling. The requested accommodation will allow the applicant the ability to remain in a residence she has resided in for over 40 years. The requested accommodation will not alter the character of the neighborhood as the improvements are mainly on the interior of the dwelling and the exterior will look similar to many residences in the area. The requested accommodation will not increase traffic and the parking will not increase as the person who the reasonable accommodation is for does not drive. And the request will not substantially undermine any expressed purpose of the City’s general plan as the character and use of the property will remain a residential single-family type use. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 19-16 approving Reasonable Accommodation RA 19-1 to allow for the interior and exterior remodel to an existing living room to create a bathroom and bedroom on the first floor of a two story single-family residence on a property that already has 5 bedrooms and a two-car garage in the Residential Low Density (RLD-9) zone on an existing property at 4880 Dogwood Avenue. Prepared by: Steve Fowler Steve Fowler Interim Director of Community Development Attachments: 1. Resolution No. 19-16 – A Resolution of the Planning Commission of the City of Seal Beach, Approving Reasonable Accommodation RA 19-1 to allow for the interior and exterior remodel to an existing living room to create a bathroom and bedroom on the first floor of a two story single-family residence on a property that already has 5 bedrooms and a two-car garage in the Residential Low Density (RLD-9) zone on an existing property at 4880 Dogwood Avenue. 2. Project plans. 3. Applicant letter Page 1 of 5 RESOLUTION NO. 19-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING REASONABLE ACCOMMODATION 19-1 TO ALLOW FOR THE INTERIOR AND EXTERIOR REMODEL TO AN EXISTING LIVING ROOM TO CREATE A BATHROOM AND BEDROOM ON THE FIRST FLOOR OF A TWO STORY SINGLE-FAMILY RESIDENCE ON A PROPERTY THAT ALREADY HAS 5 BEDROOMS AND A TWO-CAR GARAGE IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Andy Wolf (“the applicant”) on behalf of his mother Miriam Wolf (“the owner”) submitted an application to the Community Development Department for Reasonable Accommodation RA19-1 for an existing parcel located at 4880 Dogwood Avenue. The proposed project includes the interior and exterior remodel to an existing living room to create a bathroom and bedroom on the first floor of a two story single-family residence on a property that already has 5 bedrooms and a two-car garage in the Residential Low Density (RLD-9) Zone. Section 2. This project is determined to be a Class 1 (Conversion of small structures) Categorical Exemption pursuant to Section 15301(e)1 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior and exterior remodel at an existing residence where modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on October 7, 2019 to consider Reasonable Accommodation RA 19-1. 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 irregular in shape with a lot area of approximately 5,493 square feet. The site is surrounded by residential uses. B. The subject property is currently developed with a two-story 5 bedroom single family residence and an attached two-car garage. The existing site is conforming to all City setback, height and lot coverage requirements. The proposed improvements will make the property deficient in the parking requirement. The applicant will not be driving so a parking space is not required and one of the bedrooms is utilized as a home office use. C. The Seal Beach Municipal Code (SBMC §11.5.30) allows reasonable accommodations to the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. Resolution 19-16 4880 Dogwood Avenue Page 2 of 4 D. The applicant is proposing to add a bedroom and bathroom downstairs in the living room to allow the home owner the ability to continue to reside in the house she has lived in for over 40 years. The proposed addition will not result in additional lot coverage to the existing 34%, which is less than the maximum 45% lot coverage that is permitted in the RLD-9 zone. E. According to the Seal Beach Municipal Code (SBMC § 11.5.30.025), a reasonable accommodation shall expire 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: (1) a building permit has been issued and construction commenced; (2)) the use is established; or (3) a time extension has been granted. . A one-year extension may be granted by the Planning Commission for good cause. The application for a time extension shall be made in writing to the Community Development Director (the “director”) no less than 30 days or more than 90 days prior to the expiration date. F. The Seal Beach Municipal Code (SBMC § 11.5.30.020.D & E) allows the City to consider the certain factors to determine whether the request is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling. The requested accommodation will allow the applicant the ability to remain in a residence she has resided in for over 40 years. The requested accommodation will not alter the character of the neighborhood as the improvements are mainly on the interior of the dwelling and the exterior will look similar to many residences in the area. The requested accommodation will not increase traffic and the parking will not increase as the person who the reasonable accommodation is for does not drive. The request will also not substantially undermine any expressed purpose of the City’s general plan as the character and use of the property will remain a residential single-family type use. G. The Seal Beach Municipal Code (SBMC § 11.5.30.020.F) provides that a reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 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 is consistent with the General Plan which encourages architectural diversity in College Park East while ensuring compatibility between residential uses. The General Plan also recognizes existing land uses and Resolution 19-16 4880 Dogwood Avenue Page 3 of 4 permits minor alterations that do not change the existing quality or character of the neighborhood. The proposed addition to the residence will allow for the addition of a bedroom and bathroom downstairs to the residence, and will be consistent with other surrounding properties in size, setbacks and height. B. The proposed use is allowed within the applicable zoning district with a reasonable accommodation approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within College Park East RLD-9 zone, an area where the Seal Beach Municipal Code (SBMC § 11.5.30) allows reasonable accommodations to the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling with Planning Commission approval. 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 conforming. The addition to the residence will maintain development standards applicable to the RLD-9 zone. The improvements will add a bedroom that would require an additional parking space but the applicant cannot drive so additional parking would not be needed. The bedroom will be required to be removed once the applicant no longer lives at the location or upon the expiration date of this approval, whichever is sooner. 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 not add square footage, 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 remodel of the first floor will not increase the existing lot coverage of approximately 34 percent. The lot coverage on the subject site will continue to be under the maximum 45 percent lot coverage permitted in the RLD-9 zone. 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 Reasonable Accommodation RA19-1 for the remodel of the interior and exterior to the first story to an existing single family residence subject to the following conditions: 1. Reasonable Accommodation 19-1 is approved for the interior and exterior remodel of the first story of an existing single family residence to add an Resolution 19-16 4880 Dogwood Avenue Page 4 of 4 additional bedroom and bathroom to an existing 5 bedroom residence located at 4880 Dogwood Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Reasonable Accommodation 19-1. 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. All materials, color, wall finishes and roof material must be consistent with existing material and exterior finishes of the residential dwelling. 5. The Reasonable Accommodation shall expire 24 months from the effective date of this Resolution unless (1) the final of the building permit required for the construction of the bedroom and bathroom has been issued and construction commenced; (2) the use is established; or (3) a time extension has been granted. A one year extension may be granted by the Planning Commission for good cause. The application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date. 6. The Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the owner vacates the property, or prior to close of escrow of the property if the owner will no longer live at the property upon sale, the Reasonable Accommodation shall remain in effect only if the director determines that the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant, the owner, or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of the Reasonable Accommodation. 7. The applicant shall record a covenant on the property, approved by the City Attorney, that states the Reasonable Accommodation granted is personal, and shall not run with the land, and that if owner vacates the property, or prior to close of escrow of the property if the owner will no longer live at the property upon sale, the sixth bedroom shall be removed and the Reasonable Accommodation shall no longer remain in effect unless the director determines that the Reasonable Accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. 8. Except to the extent allowed by the City pursuant to the grant of the Reasonable Accommodation, all construction of the project shall be carried out in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, Resolution 19-16 4880 Dogwood Avenue Page 5 of 4 all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements. 9. This Reasonable Accommodation 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 Reasonable Accommodation 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 October 7, 2019, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patricia Campbell Chairperson ATTEST: __________________________ Steve Fowler Planning Commission Secretary