HomeMy WebLinkAboutAgenda Packet_10212019CITY OF SEAL BEACH
PLANNING COMMISSION AGENDA
Monday,October 21,2019 —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,Interim Community Development Director
Marco Cuevas Jr.,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 October 7,2019 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,November 4,2019 at 7:00 p.m.
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PLANNING COMMISSION
STAFF REPORT
DATE:October 21, 2019
TO:Planning Commission
THRU:Gloria D. Harper, City Clerk
FROM:Steve Fowler, Interim Community Development Director
SUBJECT:Approval of the October 7, 2019 Minutes
RECOMMENDATION:Approve the minutes for the Planning Commission meeting
held on October 7, 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
October 7, 2019
Chair Campbell called the regular meeting of the Planning Commission to order at 7:00
p.m. in the City Council Chambers. Commissioner Thomas led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Campbell, Aguilar, Miller, Thomas, Klinger
Absent: None
Staff Present: Amy Greyson, Assistant City Attorney
Steven Fowler, Interim Community Development Director
Marco Cuevas, Assistant Planner
Dana Engstrom, Deputy City Clerk
APPROVAL OF AGENDA
Motion by Thomas, second by Aguilar, to approve Agenda.
AYES: Aguilar, Campbell, Klinger, Miller, Thomas
NOES: None
ABSENT: None
ABSTAIN: None
Motion Carried
ORAL COMMUNICATIONS
Chair Campbell opened oral communications. Speakers: There were no speakers. Chair
Campbell closed oral communications.
CONSENT CALENDAR
A. Approval of August 5, 2019 Minutes
Motion by Aguilar, second by Klinger to approve the August 5, 2019 Minutes with
correction noted by Chair Campbell.
AYES: Aguilar, Klinger, Miller, Thomas
NOES: None
ABSENT: None
ABSTAIN: Campbell
Motion Carried
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.
Interim Community Development Director Steven Fowler indicated there was a mishap in
the mailing of the public notice and therefore this item will be continued to the Planning
Commission meeting scheduled for October 21, 2019.
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.
Interim Community Development Director Steven Fowler indicated there was a mishap in
the mailing of the public notice and therefore this item will be continued to the Planning
Commission meeting scheduled for October 21, 2019.
Motion by Aguilar, second by Klinger to continue the adoption of Resolution No. 19-16,
APPROVING Reasonable Accommodation 19-1 with conditions to the October 21, 2019
Planning Commission meeting.
AYES: Aguilar, Miller, Thomas, Campbell, Klinger
NOES: None
ABSENT: None
ABSTAIN: None
Motion Carried
DIRECTOR’S REPORT
Interim Community Development Director Steven Fowler had no report.
COMMISSION CONCERNS
There were no Commission concerns.
ADJOURNMENT
Chair Campbell adjourned the Planning Commission meeting at 7:07 p.m. to Monday,
October 21, 2019 at 7:00 p.m.
___________________________
Dana Engstrom, Deputy City Clerk
Approved: _______________________
Patricia Campbell, Chair
Attest: ____________________________
Dana Engstrom, Deputy City Clerk
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PLANNING COMMISSION
STAFF REPORT
DATE:October 21, 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)
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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 October 10, 2019, with affidavits of publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
BACKGROUND
On October 7, 2019 the City of Seal Beach Planning Commission continued the item to October
21, 2019 due to a legal noticing error. The notices were mailed on October 10, 2019 for this
meeting.
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
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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
Page 1 of 4
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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
Page 2 of 4
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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
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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.
Resolution 19-15
102 A Surfside Avenue
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PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on October 21, 2019, by the following vote:
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.
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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.
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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.
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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.
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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.
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PLANNING COMMISSION
STAFF REPORT
DATE:October 21, 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 October 10, 2019, with affidavits of publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
BACKGROUND
On October 7, 2019 the City of Seal Beach Planning Commission opened the item and voted to
continue the item to October 21, 2019 due to a legal noticing error. The notices were mailed on
October 10, 2019 for this meeting.
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 5
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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
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
Resolution 19-16
4880 Dogwood Avenue
Page 3 of 5
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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 additional bedroom
and bathroom to an existing 5 bedroom residence located at 4880 Dogwood
Avenue.
Resolution 19-16
4880 Dogwood Avenue
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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,
all other provisions of the City Municipal Code, and all applicable disabled and
handicapped access requirements.
Resolution 19-16
4880 Dogwood Avenue
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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 21, 2019, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Patricia Campbell
Chairperson
ATTEST:
__________________________
Steve Fowler
Planning Commission Secretary