Loading...
HomeMy WebLinkAboutPC Res 22-12 - 2022-09-19 RESOLUTION NO. 22-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 22-4 TO ALLOW EXTERIOR AND INTERIOR ALTERATIONS THAT ARE LESS THAN 25 PERCENT OF THE INTERIOR WALLS WITHIN TWO EXISTING MULTI-FAMILY RESIDENCES ON ONE LOT THAT ARE NONCONFORMING DUE TO DENSITY, SETBACKS, AND PARKING IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 1101 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 . Carlos Jasso on behalf of property owner Ocean Bungalow Trust ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 22-4. The proposed project includes the exterior and interior alterations that are less than 25 percent of the interior walls within two existing multi-family residences on one lot that are nonconforming due to density, setbacks, and parking located at 1101 Ocean Avenue 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 exterior and 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 19, 2022, to consider Minor Use Permit 22-4. 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 22-4 for a proposed project at 1101 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 5,500 square feet. The property is approximately 50 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with two multifamily residential buildings containing six units total. Based on the existing setback conditions, the subject property is considered nonconforming because the residential structures do not maintain the required side yard setbacks. The property is also nonconforming due to density, and insufficient parking. The proposed improvements will not expand any existing nonconformity, and 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 involving the alteration or addition of balconies, porches and open roof decks to nonconforming properties. Page 1 of 4 Resolution 22-12 1101 Ocean Avenue E. The applicant is proposing exterior and interior alterations that are less than 25 percent of the interior walls within the existing nonconforming multi-family residences. The interior improvements involve the reconfiguration of the front multi-family residential structure by decreasing the number of units from four to three units. The interior improvements also involve the reconfiguration of the rear multifamily structure by increasing the number of units from two to three units. The total number of units on the property will not be increased as a result of the proposed alterations and will remain the same at six units. F. The exterior modifications involve installation of a balcony to the front and back of the multifamily residential structure facing Ocean Avenue. The balcony will be six feet in width and run along the length of the front and back of the building. The exterior modifications also involve the addition of an open roof top deck along with an enclosed staircase along the rear of the front multifamily structure, providing access to the second-floor unit in addition to the roof top deck. Lastly, the applicant proposes to add architectural siding to various portions of both buildings and reconfigure the existing exterior staircase at the rear structure, in addition to replacing the stairs rails. The alterations proposed on the subject site are consistent with the provisions of the Code and will not intensify any nonconforming condition. 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 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 exterior and interior alterations that are less than 25 percent of the interior walls within an existing multi- family residence on a nonconforming property 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.B) allows minor improvements such as the interior alterations that are less than 25 percent of the interior walls, or addition balconies, porches, and open roof decks to nonconforming properties 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 two multifamily residential buildings with parking provided on the first floor and is considered nonconforming due to setbacks, density and parking. The interior alterations that are less than 25 percent of the interior walls within the existing multi-family residences 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 Page 2 of 4 Resolution 22-12 1101 Ocean Avenue 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 residences, and will remain similar to surrounding uses throughout RHD-20 zoned 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 interior improvements will not increase bedrooms or intensify use of 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 22-4 for exterior and interior alterations that are less than 25 percent of the interior walls within the two existing multi-family residences, on a nonconforming property is subject to the following conditions: 1. Minor Use Permit 22-4 is approved for exterior and interior alterations that are less than 25 percent of the interior walls within existing multi-family residences, on a nonconforming property located at 1101 Ocean Avenue. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 22-4. All new construction shall comply with all applicable state and local cgde,s. 3. The applicant is require tib 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, Page 3 of 4 Resolution 22-12 1101 Ocean Avenue 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 the 19th day of September 2022, by the following vote: AYES: Commissioners MILLER, MASSETTI, THOMAS, CAMPBELL, KLINGER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Miller Chairperson ATTEST: Alexa Smittle Planning Commission Secretary Page 4 of 4