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Home My WebLink AboutPC Res 19-18 - 2019-12-02RESOLUTION NO. 19-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 19-8 TO ALLOW AN INTERIOR AND EXTERIOR REMODEL TO AN EXISTING TWO-STORY SINGLE-FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO LOT COVERAGE IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. German Melgar ("the applicant") on behalf of the Jade Cove Trust ("the owner") submitted an application to the Community Development Department for Minor Use Permit 19-8. The proposed project includes the alteration of less than 25% of interior walls to allow the remodel of the first floor by reconfiguring the kitchen, living room and dining room areas to allow for an open concept design; repurposing an existing bedroom to serve as the master bathroom; reconfiguring space to allow for the addition of two new walk-in closets to serve the master bedroom and an adjacent bedroom, and restuccoing a portion of the exterior wall to match the existing stucco finish on a property which is nonconforming due to lot coverage, 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 December 2, 2019 to consider Minor Use Permit 19-8. 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. ollowing: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 19-8 for a proposed project at 421 Jade Cove Way, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 5,000 square feet. The subject property has a lot width of 50 feet with a lot depth of 100 feet. The site is surrounded by residential uses on the north, east, west and south sides. C. The subject property is currently developed with a single residential unit. Based on the lot coverage, 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 § 11.4.40.015.13) allows minor improvements which involve the removal or alteration to less than 25% of a structure's Resolution 19-18 421 Jade Cove Way 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 Hill area is to be compatible with the physical characteristics of the neighborhood, 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 Hill 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 subject to approval of a minor use permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a single family residence with an attached two car garage and is considered nonconforming due to lot coverage. 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 Marina Hill area 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 19-8 for alteration of less than 25% of the interior walls in order to remodel the first floor by reconfiguring the kitchen, living room and dining room areas to allow for an open concept design; repurposing an existing bedroom to serve as the master bathroom; reconfiguring an existing space to allow for the addition of two new walk-in closets serving the master bedroom and an adjacent bedroom; and restuccoing a portion of the exterior wall to match the existing stucco finish, for the property located in the Hill area in the Residential Low Density RLD (9) zoning area, subject to the following conditions: Resolution 19-18 421 Jade Cove Way Minor Use Permit 19-8 is approved for the alteration of less than 25% of the interior walls in order to remodel the first floor by reconfiguring the kitchen, living room and dining room areas to allow for an open concept design; repurposing an existing bedroom to serve as the master bathroom; reconfiguring space to allow for the addition of two new walk-in closets serving the master bedroom and an adjacent bedroom; and restuccoing a portion of the exterior wall to match the existing stucco finish, at a nonconforming property located at 421 Jade Cove Way. 2. All plan checks and construction shall be in substantial compliance with the plans approved through Minor Use Permit 19-8. 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. 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. 6. 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 December 2, 2019, by the following vote: AYES: Commissioners C�:�Icx �l . Mc� na 5 :11ar jV�j1►ZY NOES: Commissioners ABSENT: Commissioners Y�,nhtY- ABSTAIN: Commissioners �c,ne Patricia Campbe Chairperson ATM=�T- Steven Fowler Planning Commission Secretary Resolution 19-18 421 Jade Cove Way