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Home My WebLink AboutPC Res 21-11 - 2021-09-07RESOLUTION 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 Miller, Winkler, Thomas, Campbell, Klinger Page 3 of 3