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HomeMy WebLinkAboutAgenda Packet 09072021CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 07 September 2021 — 7:00 PM :..OF SEAQ , INCORPORATED 1 im District 1 — Steve Miller – Chair District 2 — Ronde Winkler – Vice Chair District 3 — Michael Thomas District 4 — Patty Campbell District 5 — Mariann Klinger Department of Community Development Barry Curtis, Interim Community Development Director Marco Cuevas Jr., Assistant Planner Isra Shah, 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. sea Ibeach ca. 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: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE PLANNING COMMISSION MEETING To comply with Governor Newsom's Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18, 2020 the City of Seal Beach hereby gives notice of the "means by which members of the public may observe the meeting and offer public comment" for the Planning Commission meeting on September 7, 2021. Due to the need for social distancing and the prohibition on public gatherings set forth in the County Health Officer's Order, all participation in the above -referenced Meeting will be by teleconference for the Members of the Planning Commission, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. PUBLIC COMMENT AND PUBLIC HEARING: Members of the public may submit comments on any item on this Planning Commission meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Planning Commission. Email comments received after that time will be posted on the City's website and forwarded to the Planning Commission after the meeting. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER 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. PUBLIC COMMUNICATIONS (VIA EMAIL ONLY) At this time members of the public may address the Commission regarding the items on this Planning Commission agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings before 6 pm on September 7, 2021. Comments provided via email will be posted on the City website for review by the public. Any documents for review should be sent to the City Clerk prior to the meeting for distribution. CONSENT CALENDAR A. Approval of the June 7, 2021 Minutes Isle] Z k I I ki 0] 4 11 k 9 4 LTA RI SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B. Minor Use Permit 21-2 B84 Surfside Ave Applicant: Mark Wheeler Request: Request for Minor Use Permit (MUP 21-2) to permit a covered roof access structure to exceed the maximum roof height by 4 feet 6 inches on an existing single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-10, APPROVING Minor Use Permit 21-2 with Conditions. C. Minor Use Permit 21-3 319 10th Street Applicant: James Petry Request: Request for Minor Use Permit (MUP 21-3) to allow interior improvements resulting in a reduction in the number of units within a multi -family residence that is nonconforming due to density, parking, and setbacks in the Residential High Density (RHD -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-11, APPROVING Minor Use Permit 21-3 with Conditions. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, September 20, 2021 at 5:00 p.m. for a special joint meeting with City Council. r�F Ea`eFq�y PLANNING COMMISSION F STAFF REPORT gCIFORNMP DATE: June 21, 2021 TO: Planning Commission THRU: Gloria D. Harper, City Clerk FROM: Les Johnson, Community Development Director SUBJECT: Approval of the June 7, 2021 Planning Commission Minutes RECOMMENDATION: Approve the minutes of the Planning Commission meeting held on June 7, 2021 Prepared by: Gloria D. Harper Gloria D. Harper City Clerk Attachment: Approved by: Les Johnson Les Johnson Director of Community Development 1. June 7, 2021 Planning Commission Minutes City of Seal Beach — Planning Commission June 7, 2021 Chair Miller called the regular meeting of the Planning Commission to order at 7:00 p.m. via Teleconference. ROLL CALL Present: Commissioners: Miller, Winkler, Klinger, Thomas, Campbell Absent: None Staff Present: Isra Shah, Assistant City Attorney Les Johnson, Community Development Director Barry Curtis, Senior Planner (Acting) Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Elizabeth Camarena, Executive Assistant APPROVAL OF AGENDA Motion by Campbell, second by Klinger to approve the Agenda. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Miller opened oral communications. City Clerk Harper announced that two (2) emailed comments were received. Speakers: There were no speakers. Chair Miller closed oral communications. CONSENT CALENDAR A. Approval of June 7, 2021 Minutes. APPROVAL OF CONSENT CALENDAR Motion by Klinger, second by Campbell to approve the Consent Calendar. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried CONTINUED ITEMS — None E•Yy7121911112191&/Gr a 121:ZRM01TiLa PUBLIC HEARING B. Zone Text Amendment 21-2 Citywide Applicant: City of Seal Beach Request: Zone Text Amendment 21-2 amending portions of Title 11 of the Seal Beach Municipal Code regarding regulations for the placement of flags and flagpoles on residential properties. Recommendation: That the Planning Commission hold a public hearing regarding Zone Text Amendment 21-2 and after considering all evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 21-2 to the City Council. Acting Senior Planner Barry Curtis provided a comprehensive staff report and indicated that no correspondence was received regarding the project. Questions from the Commissioners were answered by Acting Senior Planner Barry Curtis and Director of Community Development Director Les Johnson. Chair Miller opened the public hearing. City Clerk Harper announced that no emailed comments were received. Speaker: There were no speakers. Chair Miller closed the public hearing. Motion by Campbell, second by Thomas that the Planning Commission, after holding a public hearing and considering all the evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 21-2 to the City Council, with the modifications to increase the number of flagpoles from one to two per residence and ensuring that temporary flagpoles are included in the calculation of overall sign area . AYES: Klinger, Campbell, Winkler, Miller, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Shah noted that this ordinance will go to the City Council for approval and is not appealable. C. Minor Use Permit 21-1 52 Riversea Road Applicant: Kristi George Request: Minor Use Permit (MUP 21-1) to allow a two-story manufactured home within Seal Beach Shores located in the Residential High Density (RHD -33) Zoning District. Recommendation: That the Planning Commission open a public hearing regarding Minor Use Permit 21-1 and continue the item to the June 21, 2021 Planning Commission Meeting. Community Development Director Les Johnson announced that staff is recommending the Commissioner open the public hearing and continue the item to the June 21, 2021 Planning Commission meeting due to an incorrect hearing notice being distributed via mail to surrounding property owners. He also noted the hearing notice in the newspaper and posted were correct, and that the emailed comments received were related to an incorrect hearing notice that was sent to neighboring residents. Chair Miller opened the public hearing. City Clerk Harper announced that no additional emailed comments were received. Speaker: There were no speakers. Motion by Winkler, second by Klinger that the Planning Commission continue Minor Use Permit 21-1 to the June 21, 2021 Planning Commission Meeting. AYES: Miller, Thomas, Klinger, Campbell, Winkler NOES: None ABSENT: None ABSTAIN: None Motion Carried City Attorney Shah noted that this item has been continued and there is no final action to appeal. DIRECTOR'S REPORT Director Johnson announced that River's End Park is set to open mid to late July 2021. He also announced that City Hall will reopen to the public on Tuesday, June 15, 2021 and that City staff and Council are working to determine when in-person City Council and Commission meetings will start up again. He noted that more information should be available by the next meeting. COMMISSION CONCERNS There were no Commissioner's concerns. ADJOURNMENT Chair Miller adjourned the Planning Commission meeting at 7:51 p.m. to Monday, June 21, 2021 at 7:00 p.m. Approved: Attest: Steve Miller, Chair Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE: September 7, 2021 TO: Planning Commission THRU: Barry Curtis, Interim Community Development Director FROM: Marco Cuevas Jr., Assistant Planner SUBJECT: Request for Minor Use Permit (MUP 21-2) to permit a covered roof access structure to exceed the maximum roof height by 4 feet 6 inches on an existing single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. LOCATION: B 84 Surfside Avenue APPLICANT: Mark Wheeler RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-10, APPROVING Minor Use Permit 21-2 with Conditions. GENERAL PLAN RESIDENTIAL LOW DENSITY DESIGNATION: ZONE: RLD-9 (RESIDENTIAL LOW DENSITY) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 178-471-36 LOT AREA: 1,010 sq. ft. GROSS FLOOR AREA: 2,690 sq. ft. SURROUNDING PROPERTIES: NORTH: Residential Low Density (RLD-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 an addition that is under 10,000 sq. ft. and all public services and facilities are available to allow maximum development and the area is not environmentally sensitive. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday August 26, 2021 and mailed to property owners and occupants within a 300' radius of the subject property on August 26, 2021, with affidavits of publishing and mailing on file. %11r%1\IITV IIA AM. ANALYSIS A=01A1 RAA• The applicant, Mark Wheeler, on behalf of the property owners, Armando Garcia and Stev Lawrence, ("the applicant") filed an application with the Community Development Department for Minor Use Permit 21-2. The subject site is a 1,010 square foot parcel located on the north side of Surfside Avenue within Surfside Colony, a gated private residential community. The lot is currently developed with a single -story residence. The existing residence will be demolished and rebuilt as a three-story single-family residence. The construction also entails adding a covered roof access structure to the roof top deck. The subject site is in the Residential Low Density (RLD-9) zoning area and is surrounded by residential uses. The applicant is proposing to construct a covered roof access structure which will exceed the maximum roof height by 4 feet 6 inches. The covered roof access structure measures 9 feet in height, as measured from the roof deck level, and is approximately 7 feet 4 inches in width by 18 feet 3 inches in length. The covered roof access structure will include a covered stairwell, and the applicant proposes to extend a portion of the east side exterior wall to be integrated as a part of the roof access structure. The roof access structure would be located in the northeast corner of the residence and will include architectural features consistent with the design of the new residence. Seal Beach Municipal Code (SBMC §11.2.05.015.A.6) provides for non -habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets, domes, and covered access to open roof decks to exceed the height limit established pursuant to SBMC §11.2.05.015.A.3 (Surfside) up to a maximum of 7 feet, if granted pursuant to a Minor Use Permit approval. The height maximum for structures within Surfside Colony is 35 feet. The maximum height elevation of the proposed covered roof access structure is 4 feet 6 inches beyond the 35 foot height limit, below the 7 feet maximum projection. The total building height elevation will be 39 feet 6 inches at the peak of the structure. With exception to the covered roof access, the building height is 34 feet. The Surfside Colony Architectural Review Board has reviewed and approved the addition and remodel. The proposal meets all applicable criteria set forth in the Seal Beach Municipal Code (SBMC §11.2.05.015.A.3 and §11.2.05.015.A.6.c). The covered stairwell will be comprised of roofing materials consistent with that of the remainder of the roof deck and proposed new structure. The location of the covered access is located along peripheral exterior walls of the structure as required. The structure occupies a minimal proportion of the roof deck and will only exceed the height requirement by 4 feet 6 inches. Staff believes that the design and location of the covered roof access structure, as proposed, meets the standards set forth in the Code. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 21-10 approving MUP 21-2 to permit a covered roof access structure to exceed the allowable 35'-0" height limit by 4 feet 6 inches at B 84 Surfside Avenue. Prepared by: Marco Cuevas Jr. Marco Cuevas Jr. Assistant Planner Barry Curtis Barry Curtis Interim Community Development Director Attachments: 1. Resolution No. 21-10 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 21-2, to permit a covered roof access structure to exceed the maximum roof height limit by 4 feet 6 inches at B 84 Surfside Avenue. 2. Project architectural plans. RESOLUTION NO. 21-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 21-2 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 4 FEET 6 INCHES AT A PROPOSED SINGLE-FAMILY RESIDENCE AT B 84 SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Mark Wheeler Residential Design, on behalf of property owners Armando Garcia and Stev Lawrence, ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 21-2. The proposed project would allow for the construction of a covered roof access structure which is a non - habitable architectural feature in excess of the 35 -foot height maximum in the Surfside Colony in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 3 (New Construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction of covered roof access structure that exceeds the maximum building height by 4 feet 6 inches on a proposed single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on September 7, 2021 to consider Minor Use Permit 21-2. 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 21-2 for a proposed project at B 84 Surfside Avenue, Seal Beach, California. B. The applicant is requesting to construct an approximately 7 feet 4 inches by 18 feet 3 inches Covered Roof Access structure that will exceed the height limit by 4 feet 6 inches at B 84 Surfside Avenue. Under the Seal Beach Municipal Code; 7 feet is the maximum height variation permitted beyond the height limit through a Minor Use Permit. C. The subject property is rectangular in shape with a lot area of approximately 1,010 square feet. The property is 25 feet wide by 40 feet 4 inches deep. The site is surrounded by residential uses. D. The proposed covered roof access structure will have roof lines, roofing material, siding and exterior paint that are architecturally compatible with the proposed dwelling. sIwiSiIIII2111 Resolution No.21-10 B 84 Surfside Ave 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 structural alterations 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 roof access structure will not change the character of the residence and will be consistent with other properties that have existing access structures projecting more than 4 feet 6 inches above the maximum height. B. The proposed use is allowed within the applicable zoning district with use permit approval and complies 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 11.2.05.015.A.3 allows a maximum projection of 7 feet beyond the height maximum for non -habitable architectural features subject to approval of a Minor Use Permit. The proposed covered roof access structure will exceed the 35 - foot height limit by 4 feet 6 inches. 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 proposed to be developed with a three-story single family residence with a roof deck. The proposed covered roof access structure will not add habitable space and will remain consistent with development standards set for the Surfside 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 proposed covered roof access structure will not increase bedrooms or habitable space to the residence. The subject site is proposed to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. F. The proposed non -habitable architectural feature, as conditioned, is architecturally consistent with the proposed structure, with roof pitch, roof materials and siding is architecturally compatible with that of the remainder of the structure. The applicant will use the same finishes and materials as proposed for the new structure. 6POTE"I Resolution No.21-10 B 84 Surfside Ave G. The covered stairwell to the open roof deck is located along the peripheral exterior wall of the building structure. The proposed structure will appear to be an integral part of the proposed residence. H. The covered access structure will exceed the maximum height limit by only 4 feet 6 inches. Similar structures exist within the Surfside RLD-9 zone that project more than 4 feet 6 inches above the height limit. The access structure is consistent with the character and integrity of the neighborhood. The structure will not significantly impair the primary view of surrounding properties located within 300 feet because the surrounding area has existing covered roof access structures that exceed the 35 foot height maximum. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 21-2 to allow for the construction of a covered roof access structure which is a non -habitable architectural feature in excess of the 35 -foot height maximum in the Surfside Colony in the Residential Low Density (RLD-9) zoning area, subject to the following conditions: 1. Minor Use Permit 21-2 is approved for the construction of a non -habitable architectural feature for a Covered Roof Access Structure that is 4 feet 6 inches in excess of the 35 -foot height limit at B 84 Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 21-2. All new construction shall comply with all applicable sections of the City's Zoning Code. 3. There shall be no habitable space permitted within the Covered Roof Access Structure. 4. Roof pitches and exterior finishes of the Covered Roof Access Structure shall be compatible with the proposed roof pitches and exterior finishes. 5. Building permits shall be obtained for all new construction requiring such permits. 6. 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 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 is] NEIIII Resolution No.21-10 B 84 Surfside Ave 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 7t" day of September, 2021 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Barry Curtis Planning Commission Secretary -4 of 4- Steve Miller Chairperson INP, QU k oVew� UQnMo 0 7m z� M�nan 7- E: 9-9-20 UE: AS NOTED 'WHI S. ET: T-1 VICINITY MAP SHEET INDEX WASTE MANAGEMENT & CONSTRUCTION STAGING T-1 TITLE SHEET /VICINITY MAP 1 IN INS CA% BE EMERGENCY DAU. JIM HASKETT AT -713-1166 RNTRATOS ,xE NAwuuN 2, SEDIMENT FROM AREAS EXTBLT PERIGNELE. snREEO BY caxsmSHALL BE EE RETUNED OR SITE USING STRUCTURAL A oRT FROM ,HE SUE To STREETS, DRUxAGE - e \ g"°.,�PLAN Qr" a4�e y % /ROOF PLAN A-2 PRESENTATION PLAN A-3 FLOOR PLANS FAOLITe OR AO.EASCExT PROPERTIES NA BUNOFF, VENIN `TawCs>� OR I o "u BE IUPMUEx,E° Tc ulxlulzE ,aAxsPoaT CARS O01 C 09 A-4 ELEVATIONS - FRON TLE SUE TR°Rs DRANA°GE°N"cunc ADJUlNlxc POROPERnES BY IND A ANDUF. DR RUNOFF E FROM CO IFIENT AND REBDLE WASHING SHALL BE CONTAINED AT CGNSTRGCTGN SITES UNLESS P-) TO REDUCE HENT AND OTMER PDLLUTANTS 1ALL 1111TRAIII AND 11111TRAITTA CLICURNOT ARE I IF AIDE AWN11 IF 11 DECLINED SENT MAIABEILYT m iEEEVATIeNS SEeTeNS STAIR DET All -51 7, AT INS END BE EACH DAY BE CONSTRUCTION ACTVTY ALL ROD PROPERLY GL- IN TRASH DR IODYaE Bx A STRNCTDN DEBRIS D WASTE MATERIALS HALL BE CA LLC ED i d e TITLE 24 eAEeuEATE)H5 11 ILI POLLUTANTS OFF INS SITE DISCHARAS 7 MATERIAL OTHER THAN STSFMBYYTER ONLY *EN NECESSARY FOR PERFORMANCE ADD TYIx cINTUN A HAZANDOUS .­xa FS0 f' �R - 9, POTENTAL KOULTANTS INCLUDE BUT ARE NO ITED OVATSttVENTSASBESTOS OR LIQUID CHEMICAL — FEEERS PAINT FLANES OR TUCCO MEMSS FROM PARTS, STAND. aDEs.NW00D °RESERVES RIND A P "MELS, OILS EUBOCAMS AND HYDRAULC, RADIATOR UR BATTERY FLUIDS: FERT—V TEIRIE/EOUIPNENi - WON INTER AID COICIDETE XURCH —le, CFETE DETFAC£xT OR FLIAGURE WASMS: WAGRE FROM All ExaxE/EWIPNENT Y ANEA SITE P- SEPARATED UPPI TIAL STORIINTER RUNCEF, WTI ULTIMATE DISPOSAL IN ACCORDANCE MLOCAL, STATE AID MEDED& REGOIDEME ON 11 ILASNA11111 GLATAIDWATED STUD 1A a1ARGE ww°ATGR SYSTEM PERMITT° BEIDITER 11 - RGAIR s ANATIONALL POLLUTAx OISFL FIN HE RESPECTIVE STATEL WATER ANALITY CONTROL DA I DRADED AREAS ON THE PERILIDRAIN AWAY FROM THE FACE OF RIPER AT THE CGNCLUBDN DF EACH NOTES PROJECT LEGEND WARMING DAY, DRAINAGE Is TA BE NRECD D TOWARD DESNTNG FACIIRES, FLOOR PLAN NOTES 12, TIE PERMTREE AND CONDRAITOR I- BE RESPONSELE ROD SHALI. VANE ECESSARY Brcc"UTONS TO PREVENT PUBLIC TRESPASS INTO AREAS WHERE BPGUxOm WATER CREATES A 1A2UNGUS COFDII 1. ALL DIMENSIONS ARE TO FACE OF FINISH M.O.F.) UNLESS OTHERWISE NOTED. CLIENT: III IHS APPROTED PLAxs. 11 UE PERMITTEE AID CorreACTOR gnu IxSPmT TWE EROSION coxma vaMc AND INSURE THAT THE vroRK IS IN ACCORDANCE 14 TIE PERMTREE SNA_L NOTIFY ALL GENERAL ACTORS SUBCONTRACTORS. MATERIAL IPPUERS, IFSSEES AND PROPERTY ONNERS. THAT DUMPING OF CHENIWS INTO TLE STORK DRAIN SYSTEM Be THE WATERSHm IS vROxIBTED. 2. 2. VERIFY EXISTING DIMENSIONS FROM EXISTING RESIDENCE SLEEP ROOMS: AT LEAST ONE WINDOW WTH CLEAR OPENING SHALL BE AT LEAST 5.75 SO.FT.(24' HIGH X 20" WIDE) AND FIN. SILL HEIGHT SHALL NOT EXCEED 44" FROM FIN. FLOOR STEV LAWRENCE B84 SURFSIDE DRIVE SURFSIDE COLONY, CA 90743 NECESSARY15, EGUIRMONT AND YINDBERS 101 ENERGEINY WORK STAIL BE LAW AVAILABLE AT k_ TIES DOING 11 RIlY 'EAROUL 4. SAFETY GLASS FOR GLAZING IN HAZARDOUS LOCATIONS SUCH AS GLASS DOORS, GLASS WINDOWS ADJACENT TO PROJECT ADDRESS acNMLm AT COxwLIENT LocAnas TD FACwTATE RAPID CCxsmUOWN LF DOORS AND WALKING SURFACES SHALL BE PROVIDED. STEV LAWRENCE TEAIPORARY DEUCES WREN RUN IS IMMINENT. 5, PROVIDE SHATTERPROOF CLASS ENCLOSURE AT SHOWER B84 SURFSIDE DRIVE 16. ALL REICKNUELE EROSION PRODECTNE DEICES SHAM m Ix PUCE AT IHS END BE EACH WGRMNG DAY XNED THE 5 -DAY RUN AND RE AREAS SURFSIDE COLONY, CA 90743 PWBAEUTY FORmAST EXCEEDS OTA 6. ALL INTERIOR WALLS SHALL HAYS 5/8° GYP. BD. -MINIMUM (ONO.) THIS PROJECT SHALL COMPLY LITH: 2019 EDITION OF THE CALIFORNIA RESIDENTIAL CODE uxm 2019 EDITION OF THE CALIFORNIA BUILDING CODE TO M- SEDIMENT TRASPORT FROM THE SDE TO STWOG, DRAINAGE FACLIB OF AD ACEUT PROPERTIES NIA RUNOFF. 2019 EDITION OF THE CALGREEN CODE —1.1TRACIMBB,INAG.I ADDITIONAL NOTES 2019ED1NOFTHE'AuFORNIAMECHANICALCODE 2019 EDITION OF THE CALIFORNIA PLUMBING CODE 11 APPIDNALATE 1111 FBI OUNITAL1111-FIELITIN MATEMALS, AA111. 11ILLS DR REBDu[s BIALL I IMPLEMENTED 11 RETINEO 2019 EDITION OF THE CALIFORNIA ELECTRICAL CODE IN SIZE TO ANNUE TRAssGRT FROM THE SIZE To STREETS, DRUxAGE FAo nm, OR ro 116 PROPERTY BY IND OR RUNGFF. BEST MANAGEMENT PRACTICES NOTE: 2019 CALIFORNIA ENERGY CODE A' THE"CES (BAPS) TEO BEVOT ELxEBmxxiuDiEI III NPAC3 7 E,1S PRG ECTB'GOSSTRUCTON ZONING INFORMATION CITY OF SEAL BEACH NOTES NSTRMCWNNOT SELECTED FOR ADTWTr "R`R°°"°"T °"°`°`° ZONE: --- OBBAT I (CAs11.O12.R20S ro. 21. 23. 30. 31. 32, -(U). ECCE -I THIN 56) OCCUPANCY. R -3/U WOION INSURANCE 1. AT TIME OF PERMIT ISSUANCE, CONTRACTOR SHALL SHOW THEIR VALID RKOERS' COMPENSAT CERTIFICATE. 2. ALL WORK SHALL CONFORM TO ALL REQUIREMENTS OF STATE OF CAUFONNIA TIRE 24 REGARDLESS OF THE CONSTRUCTION TYPE: TYPE V -B INFORMATION INDICATED ON THESE PLANS. IT IS THE RESPONSIBILITY OF THE INDIVIDUAL SUPERVISING THE TRU CONS VICTOR TO ENSURE THAT THE WORK IS DONE IN ACCORDANCE WIN CODE REQUIREMENTS PRIOR TO SPRINKLERS: YES --PER CRC 313.3 NAME LICENSE No. ExP. REQUESIING INSPECTION. 3, BAD SS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM. LEGAL DESCRIPTION: DEFERRED SPRINKLER SUBMITTAL PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON SITE UNTIL THEY CAN BE DISPOSED OF AS SOLID WASTE, 4. SWTH COAST AIR QUALITY MANAGEMENT DISTRICT SHALL BE NOTIFIED IN ACCORDANCE WIN API: 178-471-36 TRACT EMOLMGSCAQMD)N THE CALIFORNIA STATE LAW PRIOR TO START IV ANY PHOTON, AND/OR REMODEL WORK. THE SCAMJD cTOR DURIxc mxsmUcna OND BAR. OFFICE IS LOCATED AT WAIT PERIOD DRIVE, DIAMOND BAR. PHONE A 909-396-2000. BE ADVISED, SCAQMD MAY A 10 DAY WAIT PERIOD PRIOR TO START OF WORK. PROJECT DATA A 5. SEDIMENTS AND OTHER MATERIALS MAY NOT BE WRACKED FROM THE SITE BY VEHICLE TRAFFIC. THE N ENDS vROccss TD BIARULTEE ecsr 1.9- S- LOCAnOxs TION ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITEDD INTOTO THE CONSULTANTS PUBLIC WAY ACCIDENTAL DEPOSITIONS MUST BE SWEET UP IMMEDIATELY AND MAY NOT BE WASHED DOWN BY RAIN OR OTHER MEANS. STOCKPILES OF EARTH AND OTHER CONSTRCTION RELATED MATERIALS MUST BE PROTECTED FROM BEING ARCHITECTURAL: TRANSPORTED FROM THE SITE BY THE FORCES OF WIND OR WATER. TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATOR OF RAINWATER AND DISPERSAL BY WND. MARK WHEELER RESIDENTIAL DESIGN SCOPE OF WORK: FUELS, OILS, SOLVENTS AND OTHER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WITH THEIR LISTING AND ARE NOT TO CONTAMINATE THE SOIL AND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS 325 ROYCROFT AVENUE LONG BEACH, CA. 90814 OFFICE: 562-856-566$ NEW 3 STORY SINGLE FAMILY RESIDENCE. 3 BED, 3 1/2 BA WITH 1,759 SQUARE FEET OF LIVING SPACE, A 355 S.F. GARAGE, ARE TO BE PROTECTED FROM THE WEATHER. SPILLS MUST BE CLEANED UP IMMEDIATELY AND DISPOSED OF IN A PROPER MANNER. SPILLS MAY NOT BE WASHED INTO THE DRAINAGE SYSTEM. CONTACT: MARK WHEELER AND A 569 S.F. ROOF DECK. STRUCTURAL: 5, MANUFACTURER'S PRODUCT INSTALLATION INSTRUCTIONS SHALL BE AVAILABLE ON TINE JOB SIZE AT THE TIME OF INSPECTION, ARMSTRONG ENGINEERING 25068 VIA LAS LOMAS 7. SEPARATE PERMIT SHALL FIRST BE OBTAINED FROM THE CITY PUBLIC WORKS DEPARTMENT PRIOR TO MURIEFfA, CA 92562 BUILDING AREA: PLACEMENT OF ANY CONSTRUCTION MATERIALS OR EQUIPMENT IN THE PUBLIC WAY 8. THE ISSUANCE OF A PERMIT SHALL NOT PREVENT THE BUILDING OFFICIAL FROM REQUIRING THE CORRECTION OF ERRORS ON THESE PLANS OR FROM PREVENTING ANY VIOLATION OF THE CODES ADOPTED BY THE CITY, RELAWNT LA, ORDINANCES, RULES AND/OR REGULATIONS. OFFICE: 714-225-7056 CONTACT: SCOTT ARMSTRONG SURVEY�GRADNG: LOT AREA: 1,010 square feet LOT COVERAGE: 639 s.f.=639 of lot area N/A 9. THE DUTIES OF THE SOILS ENGINEER OF RECORD INCLUDE: JONES -CARL CIVIL ENGINEERING 1. OBSERVATION OF CLEARED AREAS AND BENCHES PREPARED TO RECEIVE FILL. 2. OBSERVATION OF THE REMOVAL OF ALL UNSUITABLE SOILS AND OTHER MATERIALS 3. THE APPROVAL OF SOILS TO BE USED AS FILL MATERIAL. OFFICE: 714-848-0566 FAR : GROSS FLOOR AREA (SO. FT.)- LIVING PATIO GARAGE TOTAL 4. THE INSPECTION OF PLACEMENT AND COMPACTION OF FILL MATERIALS. 5. THETESTING OF COMPLETED HILLS, 6. THE INSPECTION OR RENEW OF DRAINAGE DEVICES, CONTACT: DANNY TITLE 24: EXISTING: 0 0 0 0 NEW 1ST FL: 285 0 362 647 COMPACTION LEST SHALL NOT BE PERFORMED BY INDIVIDUALS OTHER THAN THE SOILS ENGINEER OF RECORD UNLESS REQUESTED BY THE SOILS ENGINEER OF RECORD AND APPROVED BY THE CITY BUILDING DIVISION. 10. THE PROJECT SITE SHALL BE KEPT CONTINUOUSLY FENCED IN ACCORDANCE UNTIL THE PROJECT IS HNAUZED OR APPROVAL TO REMOVE THE FENCE HAS BEEN OBTAINED FROM THE CITY BUILDING DIVISION. 24 HOUR SECTURITY SHALL BE PROVIDED ANY TIME THE FENCE CANNOT BE MAINTAINED INTACT. ENERGY CONSULT LLC 411 N. HARBOR BLVD. STE. 205 SAN PEDRO, CA 90731 OFFICE: 424-247-7658 CONTACT: IGOR NEW 2ND FL: 703 0 0 703 NEW 3RD FL 703 0 0 703 NEW ROOF DECK: 68 569 0 637 TOTAL: 1,759 569 362 2690 INP, QU k oVew� UQnMo 0 7m z� M�nan 7- E: 9-9-20 UE: AS NOTED 'WHI S. ET: T-1 ,NOT REGARDING HEIGHT OMIT: 35-0" MAXIMUM HEIGHT LIMIT TO BE MEA5URE FROM CROWN OF 5URF51DE AVENUE 'NOTE REGARDING FENCES: ANY NEW FENCES CON5TRUCTED AT THE PERIMETER OF THE PROPERTY MUST EITHER BE ENTIRELY WITHIN THE PROPERTY LIMITS OR, IF 5TRADDLING THE PROPERTY LINE, APPROVAL OF ADJOINING NEIGHBOR MUST BE OBTAINED, EAR ELEVATION ATION WEST SIDE ELEVATION f<N11PM[NTNOif: CUP RfONRED EOR DOGXOUSf C CONDENSER. G�TOR. FRfPI Ii.SPA. BBO) MUST NOTFEAPLIMI ABOvf 35'HEIGHT UR. I I ii I _____________________ II ------------------------ f_- ----------- � I I I I I I I I ------------------------ - END===� L --- r_______________________ }_______- = I TTT II T TT, ELEVATIONS I Fl EAST SIDE ELEVATION W/ STAIR PLAN SCALE: 4'= I' -0'I FIRST FLOOR 285 square feet II' -10" 7'-2" 3'-0" 6•_10• J' -Y W6 2'-6- 4 8 4'-2 3 J 3 J -6 — FTI H up OFFICFJ aer BEACH ROOM/ =�r BEDROOM zWrage eaRcl� ENTRY n.ncl� I r—VAC —, I Is++HVA mwe) I GARAGE OPEN -sn— BELOW 'N WR M L Rf0 LOU EE FIRST FLOOR 285 square feet II' -10" 7'-2" 3'-0" 6•_10• J' -Y W6 2'-6- 4 8 4'-2 3 J 3 J 9' 0' SECOND FLOOR 703 square feet THIRD FLOOR 703 square feet 0 Nc cwdensa UUI e„. I OPEN -sn— BELOW 'N WR M L Rf0 LOU EE down ROOF DECK? y� LANDING 'a ROOF DECK gas gall 'NONE. ALL ROOfi0P f0UIPMENi WL LONOPNBPR, GENERATOR, FIREPR, SPA, BB01 MUST NOH Bf ABOVf 35 HEIGHT Hi LI LIMIT. FIRE PIT p D 5JXH2v 9 6P MASTER � I I I TWO rvcly J dowN L--- o a o down 0 ININIo G � FLOOR BATH A LANDING � s®3rd TWO laD. . a PoWxDJR'o GRATROO ll MASTER 9 51TTING BATH ONE Isc�lzo ONz vncw 7/yp @/ s 9' 0' SECOND FLOOR 703 square feet THIRD FLOOR 703 square feet ROOF DECK w/ doghouse 68 square feet IL00R PLANS 5CALE:4' = I'-0" U QU �Vew �n UQh% °um ZN M�na�n 0 Nc cwdensa OPEN -sn— BELOW 'N WR M L Rf0 LOU EE down ROOF DECK? y� LANDING 'a ROOF DECK gas gall 'NONE. ALL ROOfi0P f0UIPMENi WL LONOPNBPR, GENERATOR, FIREPR, SPA, BB01 MUST NOH Bf ABOVf 35 HEIGHT Hi LI LIMIT. FIRE PIT ROOF DECK w/ doghouse 68 square feet IL00R PLANS 5CALE:4' = I'-0" U QU �Vew �n UQh% °um ZN M�na�n rn. OFFICE BEACH ROOW BEDROOM THREE cacw HVAC I iwwe,aw,ro.� I 1A11 I I I FIRST FLOOR SECOND FLOOR THIRD FLOOR w/ doghouse 284 square feet 686 square feet 686 square feet 68 square feet PRESENTATION PLANS 5CALE:4' = 1'-0" U QU L-,- o -- o u"R Om o% ��Nrin �Oe Z N W � J 3` Z � w L o w DALE: 9-9-20 scAiE: As RotED DRAYM:MMW JDB: B84 SHEET: A-2 U <U t- o Vew Rn Um�% ��Nrin �Oe ^� Z ^�/ W J 3` H Z w V w DAIS: H -IJ -20 SCALE: AS .-D ER— ­TOS: 5tH 084 SHEET: A-1 25'-0' 'NOTE REGARDING A`C CONDENSER AND GENERATOR: AIC CONDENSER AND GENERATOR MUST ADHERE TO ALL NOISE LIMITS A5 5127 DOWN BY 2019 CALIFORNIA RESIDENTIAL CODE, THE CITY OF SEAL BEACH, AND THE 5UKF51DE COLONY HOA. 2%SLOPE 2%SLOypE PSA p'NN W/IZ"XIZ"S1iEL GkAii LONCwLE PA C 6" C.65 11 COMFAC0 GA`E 9enerxu 'NOTE REGARDING FENCES: ae� ANY NEW FENCES CONSTRUCTED AT SLOPE 2% THE PERIMETER OF THE PROPERTY MUST PROPOSED RESIDENCE EITHER BE ENTIRELY WITHIN THE PROPERTY w FIRST FLOOR: 285 5.f. 00 LIMITS OR, IF STRADDLING THE PROPERTY o SECOND FLOOR: 703 s.f. wl LINE, APPROVAL OF ADJOINING NEIGHBOR m N THIRD FLOOR: 703 s.f. MUST BE OBTAINED, N ROOF DECK: 637 s.f. 4 0 N dd ho se a: 568 u Ls❑ u 6 WA9EU 11/ 2" kn FILiEkFADkL' I i - FINCH YJRAN GETAL, I SLOPE z% 1l ROOF O m SLOPE 290 DECK NEW 200 AMP MAIN 38 NEW GAS METER 'NOTE A11 R00 oP 12001 NT = ( —DEN 9 R, GENER4 OR, FIR ,BBN PR0PO5ED GARAGE: 362 0. MD NOT S,V IBLf ABO f9PA SLOPE 2% SLOPE 2% p w IRE N O PIT N Nl SLOPE 2% I I I SLOPE 2% 3'-0" 19•_0• 3'-0' 25'-0' FRENCH DRAIN AND PERCOLATION PIT WITH 12'X 12' STEEL GRATE AT SURFACE. DIRECT D0WN5POUT5 TO DRAIN, PROVIDE TRENCH DRAIN CONNECTED TO PERCO- LATION PIT, IF NEEDED, 5EE DETAIL ONE, TH15 511EET. SITE PLANlq�I\00f PLAN SCALE: 4' = I'-0" SCALE: 4' = 1'-0'1 U <U t- o Vew Rn Um�% ��Nrin �Oe ^� Z ^�/ W J 3` H Z w V w DAIS: H -IJ -20 SCALE: AS .-D ER— ­TOS: 5tH 084 SHEET: A-1 PLANNING COMMISSION STAFF REPORT DATE: September 7, 2021 TO: Planning Commission THRU: Barry Curtis, Interim Community Development Director FROM: Marco Cuevas Jr., Assistant Planner SUBJECT: Request for Minor Use Permit (MUP 21-3) to allow interior improvements resulting in a reduction in the number of units within a multi -family residence that is nonconforming due to density, parking, and setbacks in the Residential High Density (RHD -20) zoning area. LOCATION: 319 10th Street APPLICANT: James Petry RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-11, APPROVING Minor Use Permit 21-3 with Conditions. GENERAL PLAN RESIDENTIAL HIGH DENSITY DESIGNATION: ZONE: RHD -20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 043-113-23 LOT AREA: 4,406 sq. ft. GROSS FLOOR AREA: 1,886 sq. ft. SURROUNDING PROPERTIES: NORTH: Residential High Density (RHD -20) SOUTH: Residential High Density (RHD -20) EAST: Residential High Density (RHD -20) WEST: Main Street Specific Plan (MSSP) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior remodel at an existing nonconforming residence where only minor modifications are required for the renovation. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday August 26, 2021 and mailed to property owners and occupants within a 300' radius of the subject property on August 26, 2021, with affidavits of publishing and mailing on file. LVA r.71]I1. LVAC ,IA. ANALYSIS -.\MI-]LIMA L\� The subject site is located on the west side of 10th Street between Pacific Coast Highway and Electric Avenue at 319 10th Street, in the Residential High Density (RHD -20) zone. The property is approximately 4,406 square feet in area and developed with a one-story multiple -family residence (triplex) without a garage. The application is for the remodel of the interior by removing two interior walls and combining two of the units into one: thereby converting the triplex to a duplex. The site is surrounded by single-family residences to the north and south, to the east is a church, and to the west are commercial uses. The subject property is nonconforming due to density, parking, and setbacks. According to Table 11.2.05.015 of the Seal Beach Municipal Code (SBMC), properties in the RHD -20 zone are allowed a maximum density of one unit per 2,178 square feet of lot area. The subject property contains approximately 4,406 square feet in area. Based on the lot area, the development standard allows for a maximum of two units. Approval of Minor Use Permit (MUP) 21-3 to allow for interior improvements would allow for a reduction in density from three to two units and would be compliant with density standards established for residences in the RHD -20 zone. SBMC § 11.4.40.015.B allows minor improvements which involve the removal or alteration to less than 25 percent of a structure's interior walls, provided the-bedroom/bathroom ratio does not exceed 1.5 bathrooms for each bedroom and the number of bedrooms is not increased. The subject building is not proposed to have any additional bedrooms or bathrooms. The Code section cited above also allows for a reduction in the number of units involving removal or structural alteration to less than 50 percent of the structure's interior walls. The proposed alterations indicate removal of only two walls and are consistent with the provisions of this section. The property is also nonconforming due to parking. Pertaining to multiple -unit dwellings, SBMC § 11.4.20.015.A.1 requires two covered parking spaces per dwelling unit. Based on these requirements, the development standard requires six parking spaces for a three -unit complex, and four parking spaces for a two -unit complex. Required parking must be provided within a garage or carport. Since the owner is requesting approval of this Minor Use Permit to allow for interior improvements, the reduction in the number of units would also result in the reduction in the number of required parking spaces. Although the property currently does not have any covered parking spaces, it does provide for three onsite parking spaces. Thus, the degree of nonconformity is reduced, as no bedrooms are proposed to be added, thereby reducing the need for additional onsite parking. The proposed remodel will not result in additional lot coverage as the areas of construction are already covered by existing structures. Lastly, the subject property is nonconforming due to the north interior side yard setback along the front portion of the residence. According to Table 11.2.05.015 of the SBMC, interior lot properties in the RHD -20 zone are required to maintain a side yard setback that is 10 percent of the lot width, or three feet minimum. The subject property measures approximately 37.5 feet wide by 117.5 feet deep. Based on these dimensions, the development standard requires a side yard setback of 3.75 feet. The residence has a three-foot side yard setback for approximately 34 feet along the north interior property line, with the remainder of the property maintaining a four -foot setback which exceeds the minimum setback standards for the RHD -20 zone. Since the extent of the improvements are limited to removing two walls within the interior of unit A, no intensification of this nonconformity will take place. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 21-11 approving MUP 21-3 to allow interior improvements resulting in a reduction in the number of units at a nonconforming property. Prepared by: Marco Cuevas Jr. Marco Cuevas Jr. Assistant Planner Barry Curtis Barry Curtis Interim Community Development Director Attachments: 1. Resolution No. 21-11 - A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 21-3, to allow an interior remodel reducing the number of units from three to two units at a nonconforming property at 319 10th Street in the Residential High Density (RHD -20) zoning area. 2. Site Plan and Floor Plan. RESOLUTION NO. 21-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 21-3 TO ALLOW AN INTERIOR REMODEL TO COMBINE TWO UNITS INTO ONE THEREBY CONVERTING A THREE UNIT COMPLEX INTO A TWO UNIT COMPLEX AT A NONCONFORMING PROPERTY THAT IS NONCONFORMING DUE TO DENSITY, PARKING AND SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONED AREA AT 319 10TH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. James Petry ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 21-3. The proposed project includes the interior remodel to combine two units into one thereby converting a three -unit complex into two units at a nonconforming property that is nonconforming due to density, parking and setbacks located in the Residential High Density (RHD -20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior remodel at an existing nonconforming residence where only minor modifications are required for the renovation. Section 3. A duly noticed public meeting was held before the Planning Commission on September 7, 2021 to consider Minor Use Permit 21-3. 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 21-3 for a proposed project at 319 10th Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 4,406 square feet. The subject property has a lot width of 37.5 feet with a lot depth of 117.5 feet. The site is surrounded by residential uses on the north and south, commercial uses to the west and a church to the east. C. The subject property is currently developed with a one-story single family residence with a detached two -car garage. Based on the setback on the south side the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because the proposed remodel will take place within the existing residence. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the interior remodel of less than 25 percent of the walls through the approval of a Minor Use Permit. The applicant is requesting to remodel the interior of the residence to combine two units into one unit. 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: Page 1 of 3 Resolution 21-11 319 10th Street A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming land uses and permits minor alterations. The proposed remodel to combine two units into one, thereby converting a three -unit complex into two units will not change the character of the property, will not expand any nonconformity, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD -20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.8) allows minor improvement which involves a remodel to combine two units into one, thereby converting a three -unit complex into two units with approval of a Minor Use Permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a one-story single-family residence and is considered nonconforming due to setbacks. The remodel to combine two units into one, thereby converting a three -unit complex into two units will not add habitable space and will maintain development standards applicable to the RHD -20 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD -20 zone, which consists of properties developed as single family and multi -family residences. The improvement will not add habitable space, will not change existing operating characteristics of the multiple -family residence, and will remain similar to surrounding uses throughout RHD -20. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The remodel to combine two units into one, thereby converting a three -unit complex into two units 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 multiple -family 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 21-3 for the interior remodel to combine two units into one unit to convert the property from a three -unit complex to a two -unit complex within an existing multi- family residence that is nonconforming due to density and parking is subject to the following conditions: 1. Minor Use Permit 21-3 is approved for the remodel to combine two units into one unit to convert the property from a three -unit complex to a two -unit complex within an existing multiple -family residence on the nonconforming property located at 319 10th Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 21-3. All new construction shall comply with all applicable state and local codes. Page 2 of 3 Resolution 21-11 319 10th Street 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. All materials, color, and finishes of the wall finish will be consistent with existing roof pitches and exterior finishes of the residential dwelling. 6. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 7. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on September 7, 2021 , by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Barry Curtis Planning Commission Secretary Steve Miller Chairperson Page 3 of 3 PROJECT SCOPE OF WORK RESIDENTIAL REMODEL CONSISTING OF WALL REMOVAL TO MERGE TWO EXISTING UNITS INTO ONE AND WALL REMOVAL AT LIVING ON UNIT A. GENERAL NOTES 1)THE CONTRACTOR AND SUB -CONTRACTORS SHALL CAREFULLY EXAMINE THE SITE, DRAWING AND SPECIFICATIONS TO OBTAIN FIRST-HAND KNOWLEDGE OF JOB CONDITIONS. ANY DISCREPANCIES OR CONDITIONS NEEDING CLARIFICATION SHALL BE REPORTED TO THE OWNER PRIOR TO THE BEGINNING WORK.NO ALLOWANCE SHALL BE GIVEN FOR FAILURE TO COMPLY WITH THE ABOVE OR ANY CONDITIONS THAT CAN BE DETERMINED EXAMINING THE SITE, DRAWINGS, AND SPECIFICATIONS. 2)THE CONTRACTOR AND SUB -CONTRACTOR SHALL VERIFY ALL DIMENSIONS ON THE DRAWINGS. AND SHALL IMMEDIATELY NOTIFY THE OWNER OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION LAYOUT. NO ALLOWANCE SHALL BE GIVEN TO THE CONTRACTOR OR SUBCONTRACTOR FOR CHANGES RESULTING FROM FAILURE TO COMPLY W/ THESE REQUIREMENTS. 3) DO NOT SCALE THE DRAWINGS. ALL DIMENSION SPECIFIED GOVERN. DIMENSIONS ARE NOMINAL AND ARE TO THE FACE OF OBJECTS UNLESS OTHERWISE INDICATED. CODES AND JURISDICTIONS ALL WORK IN ACCORDANCE WITH MINIMUM STANDARDS OF THE CURRENT EDITION OF CALIFORNIA BUILDING CODE (CBC), UNLESS OTHER APPROVED BUILDING CODES, ORDINANCES, LAWS, GOVERNMENTAL REGULATIONS, AND/OR STANDARDS ARE ENFORCED. THE MOST RESTRICTIVE REQUIREMENTS WILL PREVAIL. PROJECT SHALL ALSO CONFORM WITH THE FOLLOWING: 2019 CALIFORNIA BUILDING CODE. 2019 CALIFORNIA RESIDENTIAL CODE. 2019 CALIFORNIA ELECTRICAL CODE. 2019 CALIFORNIA MECHANICAL CODE. 2019 CALIFORNIA PLUMBING CODE. 2019 CALIFORNIA ENERGY CODE. 2019 CALIFORNIA FIRE CODE. 2019 CALIFORNIA GREEN BUILDING STANDARD SEAL BEACH CODE ALL LOCAL CODES AND ORDINANCES VICINITY MAP M,D lde Pa ft lon© n 4�\ CV&Q vbeal BeaoM1 Center s Elem, TM1eD,emaDalea� �_� � �° _ 3191%h 51,ee� �a° a a Nlok's Dell© \ ZoNer Fwl Elev \ MaM1e®. sw al \; Bead, Pin, - \` PIay9QrouE , eMneee Ski PLOT PLAN 1/8"=1'4" RESIDENTIAL REMODEL TH ST, SEAL BEACH, CA ALLEY TENTH STREET I o I I o I I 0 I w I z PROPERTY INFORMATION LEGAL DESCRIPTION: PARCEL 23 ASSESSOR'S BLOCK 113 APN: 043-113-23 PROPERTY TYPE MULTI -FAMILY RESIDENTIAL. OCCUPANCY CATEGORY R3 CONSTRUCTION TYPE V -B ZONING TYPE RHD -20 PROJECT DIRECTORY OWNER: JAMES PETRY JAMESPETRY@YAHOO.COM (949)-413-7521 319 10TH ST, SEAL BEACH, CA, 90740 ENGINEER OF RECORD: FREDY ORELLANA, P.E. FREDY@OC.ENGINEERING (949)754-2826 OCONSULTING LLC 300 IRVINE CENTER DRIVE, #400 IRVINE, CA 92618 SITE DATA LOT SIZE 4,356 SQ.FT. EXISTING ONE STORY MULTI -FAMILY RESIDENTIAL 1,886 SQ.FT. SHEETINDEX TS TITLE SHEET S0,0 GENERAL NOTES A1.0 EXISTING AND NEW FLOOR PLAN S1.O PLAN A2.0 EXISTING ELEVATIONS S2.0 DETAILS 0 0 rn J Q WO o 03. 20 W Q p' W J m Q J ~ W zC0 LU C0 rn In w0 M OCONSULTING SHEET TITLE TITTLE SHEET T.S. UNIT C UNIT B UNIT A I�j (E) BEDROOM (E)BDR.OM (E)BEDROOM (E)BATH (E) KITCHEN Oa E O(E)KITCHEN (E)KITCHEN o a Il \ XO Z SD �M I SM(E) BEDROOM (E)BEDROOM (E)LIVING (E) LIVING (E)LIVING (E)DINING / n O L J O) J Q W V 0= 20 EXISTING FIRST FLOOR PLAN uj w J m Q Q FW ZQ) W OF UNIT C UNIT B/A m 1n W rn M (E)BEDROOM (E)BEDR.Oj!!(E) (E)BEDROOM (E)BATH (E) KITCHEN O HEN M. nKEN S I s.D (E)BEDROOM (E)BEDRO SS.D.D ING S.D (N)LIMING(E)LIVING — — — — — — — — — — — — — — — L:4 — — — — — — — — — — — — — — — OCONSULTING NEW FIRST FLOOR PLAN SIMBOLOGY NOTES THE CONSTRUCTION SHALL NOT 0 WATER HEATER MUST BE B. ANY URINAL MANUFACTURED cM0 SHEET TITLE NEW FLOOR PLAN CARBON MONOXIDE ALARM RESTRICT A FIVE-FOOT CLEAR AND STRAPPED TO WALL(SEC. 507.3 8 LAPC) TO USE MORE THAN ONE UNOBSTRUCTED ACCESS TO ANY GALLON OF WATER PER 0 ALL EXISTING PLUMBING FIXTURES sD SMO -DETECTOR WATER OR POWER DISTRIBUTION FACILITIES POWER POLES, FLUSH. MUST BE UPGRADED PURSUANT TO C. ANY R AND EXITING PLAN MECHArvICALVErvnLAnory PULL-BOXERS,TRANSFORMERS, CALIFORNIA CIVIL CODE, SECTION MANUFFACTUACTUREEDDT TO HAVE A 4- D VAULTS, PUMPS, VALVES, METERSM APPURTENANCES, ETC.) OR TO THE 1101.1-1101.8 IF THE FLOW RATES FLOW CAPACITY OF MORE EXCEED THE FOLLOWING THAN 2.5 GALLONS OF WATER _ WALL TO BE REMOVED LOCATION OF THE HOOK-UP. THE CONSTRUCTION SHALL NOT BE CONSUMPTION LIMITS: PER MINUTE. A. ANY TOILET MANUFACTURED D. ANY INTERIOR FAUCET THAT E C2.2 WITHIN TEN FEET OF ANY POWER. TO USE MORE THAN 1.6 GALLONS OF WATER PER EMITS MORE THAN A 1. FAILURE TO COMPLY MAY CAUSE GALLONS OF WATER PER CONSTRUCTION DELAYS AND/OR FLUSH. MINUTE. ADDITION EXPENSES. w , I , I , I I I I EXISTING EXISTING SHINGLE I I , I , I , I DI N I I a 43 12 SHINGLE 3D 12 43 3D 12 I I 12 I I T.T.P _ T.T. (E EXISTING STUCCO (E) _ [IE'(E I I (E) (E) O V WEST ELEVATION NO CHANGES EAST ELEVATION (NO CHANGES) n J Q W V 01 w¢ of mJ 43 EXISTING SHINGLE EXISTING SHINGLE Q J F W 12 3D W fn T.T.P 12 Q F (n (n W o F O O C7 EXISTING STUCCO C(El EXISTING (E) STUCCO E _ EXISTING STUCCO E SOUTH ELEVATION (NO CHANGES) EXISTING EXISTING SHINGLE SHINGLE 433� 12 12 2-81 T.T.P - - OCONSULTING - E) ' ® EXISTING srucco � EXISTING STUCCO � E ® EXISTING STUCCO - � E SHEET TITLE EXITING ELEVATIONS A 2.0 NORTH ELEVATION (NO CHANGES)