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Home My WebLink AboutPC Res 19-11 - 2019-08-05RESOLUTION NO. 19-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 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) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Kevin Chinnock/Farr Capital LLC, ("the applicant and owners") submitted an application to the Community Development Department for Minor Use Permit 19-4. 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) altering walls to remodel the first floor by eliminating the family room and kitchen and adding a master bedroom with bathroom; (2) remodeling the second floor by eliminating the existing master bedroom and bathroom area and adding a kitchen, living and dining room area; (3) remodeling the third floor by upgrading the existing bathroom, retaining the existing two bedrooms, adding a new closet for bedroom #2 and a new walk-in closet for bedroom #3, and (4) by removing the existing mansard style roof, and re -stuccoing the existing parapet wall to match the new smooth stucco finish, on a property which is nonconforming due to setbacks, and 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 meeting was held before the Planning Commission on August 5, 2019 to consider Minor Use Permit 19-4. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 19-4 for a proposed project at 43 B Surfside Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,394 square feet. The subject property has a lot width of 25 feet with a lot depth of 70.19 feet. The site is surrounded by residential uses on all sides. Resolution 19-11 43 8 Surfside Avenue C. The subject property is currently developed with a single residential unit. Based on the setback, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.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 a detached garage and is considered nonconforming due to setbacks. The alteration of less than 25% of interior walls and modification of the roof 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. Roof decks and covered roof access structures are common non -habitable architectural features associated in this zoning district. 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. Resolution 19-11 43 B Sudside Avenue Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 19-4 for alteration of less than 25% of interior walls in order to remodel the first floor family room and kitchen into a master bedroom with bathroom; the second floor master bedroom and bathroom into a kitchen, living and dining room area; and to remodel the third floor by reconfiguring the existing bathroom, by creating a closet for bedroom #2 and a walk-in closet for bedroom #3, and by removing the mansard style roof but re -stuccoing the existing parapet to match the new smooth 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 19-4 is approved for the alteration of less than 25% of interior walls in order to remodel the first floor family room and kitchen into a master bedroom with bathroom; the second floor master bedroom and bathroom into a kitchen, living and dining room area; and by reconfiguring the existing bathroom on the third floor, by creating a closet for bedroom #2 and a walk-in closet for bedroom #3; and by removing the mansard style roof and re -stuccoing the existing parapet to match the new smooth stucco finish, at a nonconforming property located at 43 B Surfside Avenue. 2. All plan checks and construction shall be in substantial compliance with the plans approved through Minor Use Permit 19-4. All new construction shall comply with all applicable state and local codes. 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. 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 Resolution 19-11 43 B Surfside Avenue 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 August 5, 2019, by the following vote: AYES: Commissioners Miller, Aguilar, Thomas NOES: Commissioners ABSENT: Commissioners Campbell, Klinger ABSTAIN: Commissioners Rober#/Aguilar Vice , hair ATTEST: Steve Fowler Planning Commission Secretary