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Home My WebLink About2 - MUP 11-1 1001 Ocean AveV" January 19, 2011 61MI-1 U1 To: Honorable Chairwoman and Members of the Planning Commission From: Department of Development Services Subject: Minor Use Permit 11 -1 1001 Ocean Avenue GENERAL O. A`- '�.1?�1'La��.'LJ'C fl a. �W: tlX4131 '.�'S.0':W�4�.�!V'^-0.�`XAll4f1. .G �#t':..:: �•iUX>l` \ +>,,: .... Applicant: DAVID GASPER Owner: DAVID GASPER Location: 1001 OCEAN AVENUE Classification of RESIDENTIAL HIGH DENSITY (RHD) Property: Request: THE APPLICANT PROPOSES TO RECONFIGURE AN EXISTING, NONCONFORMING MULTI -UNIT APARTMENT BUILDING BY REDUCING THE TOTAL DENSITY FROM EIGHT (8) UNITS TO SEVEN (7) UNITS; ENLARGING AN EXISTING UNCOVERED BALCONY; AND ADDING A NEW UNCOVERED BALCONY. THE PROPERTY IS CURRENTLY NONCONFORMING SINCE IT IS OVER - DENSITY; HAS SUBSTANDARD SETBACKS FROM PROPERTY LINES; AND DOES NOT PROVIDE THE MINIMUM CODE REQUIRED OFF - STREET PARKING. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 11.4.40.0156 (TITLE 11) APPROVE MINOR USE PERMIT 11 -1, SUBJECT TO CONDITIONS, BY THE ADOPTION OF RESOLUTION 11 -2. Z: \Minor Plan Reviews \Minor Use Permits- 2011 \MUP 11 -01 1001 Ocean Avenue\MUP 11 -1 1001 Ocean Avenue PC Staff Report.doc U Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 ❑ On December 15, 2010, David Gasper (the "applicant "), submitted an application for Minor Use Permit 11 -1 with the Department of Development Services. ❑ Specifically, the applicant proposes to reconfigure an existing, nonconforming multi- unit apartment building by reducing the total density from eight (8) units to seven (7) units; enlarging an existing uncovered balcony; and adding a new uncovered balcony. The property is currently nonconforming since it is over - density; has substandard setbacks from the property lines; and does not provide the minimum code required off - street parking. ❑ The subject property is rectangular in shape and comprises approximately 5,500 sq. ft. The parcel is approximately 50'x110' in size. ❑ Surrounding land uses and zoning are as follows: NORTH: Single and multiple family residences in the Residential High Density (RHD) zone SOUTH: Eisenhower Park; Single and multiple family residences in the Residential High Density (RHD) zone EAST: Single and multiple family residences in the Residential High Density (RHD) zone WEST: Single and multiple family residences in the Residential High Density (RHD) zone ❑ The subject property is located in the Residential High Density (RHD) zone within the neighborhood generally referred to as "Old Town ". BACKG uawwcaemxwe x_txaa��vwc {vani_w^rm.mtiive. -v '. The applicant is proposing to combine two existing, one - bedroom, second floor units into one large, two- bedroom unit; expand an existing balcony to accommodate the reconfigured unit; and add a new balcony off of the rear portion of the reconfigured unit. The existing structure is an eight unit apartment complex with four single -car garages and the reconfigured structure would be a seven unit apartment complex with four single -car garages; an expanded, uncovered balcony in the front of the reconfigured unit; and a new, uncovered balcony at the rear of the reconfigured unit. The City's Zoning code requires a Minor Use Permit for minor improvements to nonconforming residential structures. The addition of unenclosed balconies and porches and the reduction in the number of units involving removal or structural alteration to less than 50% of the structure's interior walls are two such improvements that are allowed under the Minor Use Permit, provided certain conditions can be met. MUP 11 -1 1001 Ocean Avenue PC Staff Report 2 Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 DISCUSSION �m.•=. vaKV�. �. �.; T .awe+Nraccnsrz<ttraxrswtiw..�Y:ry Title 11, Section 11.4.40.015B of the Seal Beach Municipal Code sets forth development standards for Minor Improvements to Nonconforming Residential Structures and specifies the requirement of a Minor Use Permit approval by the Planning Commission for the addition of unenclosed balconies and porches and the reduction in the number of units involving removal or structural alteration to less than 50% of the structure's interior walls. The property currently has substandard front yard, rear yard, and side yard setbacks, as well as being over - density for the lot area and not providing adequate off - street parking. As such, the property is considered nonconforming. The existing rear yard setback is approximately 8' -0" from the rear property line (9' -0" is the minimum standard); the existing interior side yard setback is approximately 3' -0" from the side property line (5' -0" is the minimum standard for a lot this size); the existing street side yard setback is approximately 3' -0" (7' -6" is the minimum standard for a lot this size); and the existing front yard setback is approximately 6' -0" (a 12' -0" average setback is the minimum standard for multi -story structures). Additionally, today's code would require a minimum of two enclosed parking spaces for each individual dwelling unit (a total of 16 enclosed spaces for the existing units; 14 enclosed spaces if the units are reconfigured); the property currently only has a total of four enclosed spaces. The Code does not allow the expansion of habitable area (enclosed square footage) of nonconforming residential properties, with the exception of those alterations and improvements provided for in Section 11.4.40 of the Municipal Code. As proposed, the reconfiguration of the two units and balcony and addition of the second balcony would all fall under the definition of permitted improvements to a nonconforming property within the aforementioned Code section. The proposed merger of the two dwelling units into one unit by reconfiguring interior walls would not result in any expansion of habitable floor area and would have the added benefit of reducing the total unit density on the lot. This would also result in a lesser impact to available on- street parking, since the existing apartment building does not provide adequate off - street parking. The expansion of the existing front balcony for the proposed combined unit will provide a usable front porch area for this unit and will comply with all current setback requirements. The City has historically allowed unenclosed and uncovered balconies and patios to utilize the minimum 6' -0" front setback standard, which this proposed front balcony, as shown on the plans, appears to do. The side of this proposed balcony is setback approximately 15' -6" from the street side property line, which is more than twice the minimum required setback of 7' -6 ". The enlarged balcony will encompass approximately 90 square feet in area. MUP 11 -1 1001 Ocean Avenue PC Staff Report 3 U Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 The proposed new balcony located at the rear of the proposed reconfigured unit would be accessed from a dutch door off of a newly created interior office space. While the balcony itself does not strictly comply with the current setback requirement along this interior side property line (5' -0 "), unenclosed and uncovered balconies are permissible projections into required setback areas. In the RHD zone, this projection can be up to 2' -0 ", provided the side yard setback is not reduced to less than 2' -0 ". In this case, the existing side yard setback of 3' -0" will be maintained for the length of the balcony (approximately 12' -6 "). As such, this proposed balcony would meet the standard of a permitted architectural projection. The subject property is located in a developed, single and multiple family residential neighborhood, on a relatively flat lot. Staff believes that the proposed unit reconfiguration and balcony expansion and addition, as conditioned, will not have any significant adverse impacts to adjacent properties relative to views or open space, and will result in a decrease in unit density on the lot, a lesser impact to available on- street parking, and will provide additional open space and useable outdoor area on the lot, without an expansion of square footage or intensification of use. It is the opinion of staff that the proposed unit reconfiguration and balcony expansion and addition, as conditioned, conforms to the provisions of Section 11.4.40.0156 of the City's Municipal Code. As of January 13, 2011, staff had not received any responses to the public notices that were mailed and published for the hearing on MUP 11 -1. REC OMMENDATION �Vl': �:\ hVh:. 1�++. �5" i \YN.l'. \ \43i:�f�M.�'lW. \'c..:• y\• �\ R. �ti3c :a'R.VAM�.�:`4)i1f.1'Mr'.�C:SV a� Staff believes the requested application conforms to the provisions of Section 11.4.40.0156 of the Municipal Code. The Planning Commission has authority to issue a Minor Use Permit for the proposed modifications. Staff recommends the Planning Commission approve Minor Use Permit 11 -1 subject to the following conditions: 1. Minor Use Permit 11 -1 is approved for the reconfiguration of an existing, nonconforming multi -unit apartment building, resulting in the reduction of total dwelling units from 8 to 7; the expansion of an existing front balcony; and the construction of a new, approximately 62 square foot rear balcony, with no expansion of enclosed square footage. MUP 11 -1 1001 Ocean Avenue PC Staff Report 4 U Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 11 -1. 3. No enclosed, habitable square footage shall be added to the existing dwelling unit under this approval. 4. Building permits shall be obtained for all approved structures requiring such a permit. 5. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. JpFc9le 9fivera, AICP -Se or tanner I*partment of Development Services Attachments (3): Attachment 1: Proposed Resolution No. 11 -2, A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use Permit 11 -1, for the reconfiguration of an existing, nonconforming multi -unit apartment building; the enlargement of an existing, uncovered balcony; and the addition of a new, uncovered balcony at 1001 Ocean Avenue, Seal Beach. Attachment 2: Application Attachment 3: Project Plans MUP 11 -1 1001 Ocean Avenue PC Staff Report 5 Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 ATTACHMENT 1 PROPOSED RESOLUTION 11 -2, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 11 -1, FOR THE RECONFIGURATION OF AN EXISTING, NONCONFORMING MULTI -UNIT APARTMENT BUILDING; THE ENLARGEMENT OF AN EXISTING, UNCOVERED BALCONY; AND THE ADDITION OF A NEW, UNCOVERED BALCONY AT 1001 OCEAN AVENUE, SEAL BEACH. MUP 11 -1 1001 Ocean Avenue PC Staff Report U Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 RESOLUTION NUMBER 11 -2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 11 -1, FOR THE RECONFIGURATION OF AN EXISTING, NONCONFORMING MULTI -UNIT APARTMENT BUILDING; THE ENLARGEMENT OF AN EXISTING, UNCOVERED BALCONY; AND THE ADDITION OF A NEW, UNCOVERED BALCONY AT 1001 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On December 15, 2010, David Gasper, (the "applicant "), submitted an application for Minor Use Permit 11 -1 with the Department of Development Services. Specifically, the applicant proposes to reconfigure an existing, nonconforming multi -unit apartment building by reducing the total density from eight (8) units to seven (7) units; enlarging an existing uncovered balcony; and adding a new uncovered balcony. The property is currently nonconforming since it is over - density; has substandard setbacks from the property lines; and does not provide the minimum code required off - street parking. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Use Permit 11 -1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301 EXISTING FACILITIES (e)(1): Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less. § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3 . A duly noticed hearing was held before the Planning Commission on January 19, 2011 to consider the application for Minor Use Permit 11 -1. Section 4 . The record of the hearing on January 19, 2011 indicates the following: MUP 11 -1 1001 Ocean Avenue PC Staff Report 7 U Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 (a) On December 15, 2010, David Gasper, (the "applicant "), submitted an application for Minor Use Permit 11 -1 with the Department of Development Services. (b) Specifically, the applicant proposes to reconfigure an existing, nonconforming multi -unit apartment building by reducing the total density from eight (8) units to seven (7) units; enlarging an existing uncovered balcony; and adding a new uncovered balcony. The property is currently nonconforming since it is over - density; has substandard setbacks from the property lines; and does not provide the minimum code required off - street parking. (c) The subject property is located in the Residential High Density (RHD) zone within the neighborhood generally referred to as "Old Town ". (d) The surrounding land uses and zoning are as follows: NORTH: Single and multiple family residences in the Residential High Density (RHD) zone SOUTH: Eisenhower Park; Single and multiple family residences in the Residential High Density (RHD) zone EAST: Single and multiple family residences in the Residential High Density (RHD) zone WEST: Single and multiple family residences in the Residential High Density (RHD) zone (e) The subject property is located on a relatively flat lot and is surrounded by properties of a similar nature. The proposed modifications to the existing nonconforming structure is not anticipated to have any adverse impacts to adjacent properties relative to views or open space, and will result in a decrease of unit density on the lot, a lesser impact to available on- street parking, and will provide additional open space and useable outdoor area on the lot, without an expansion of square footage or intensification of use. (f) As of January 13, 2011, staff had not received any responses to the public notices that were mailed and published for the hearing on MUP 11 -1. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to § 11.4.40.015B of the City's Municipal Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 11 -1, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential High Density" designation for the subject property and permits the proposed development, subject to approval of a Minor Use Permit. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. MUP 11 -1 1001 Ocean Avenue PC Staff Report U Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 (b) The proposed modifications, as conditioned, are appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent residences, does not adversely impact adjacent residences, and similar structures currently exist within the neighborhood. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Use Permit 11 -1, subject to the following conditions: 1. Minor Use Permit 11 -1 is approved for the reconfiguration of an existing, nonconforming multi -unit apartment building, resulting in the reduction of total dwelling units from 8 to 7; the expansion of an existing front balcony; and the construction of a new, approximately 62 square foot rear balcony, with no expansion of enclosed square footage. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 11 -1. 3. No enclosed, habitable square footage shall be added to the existing dwelling unit under this approval. 4. Building permits shall be obtained for all approved structures requiring such a permit. 5. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners MUP 11 -1 1001 Ocean Avenue PC Staff Report 9 Planning Commission Staff Report Minor Use Permit 11 -01 1001 Ocean Avenue January 19, 2011 Ellery Deaton, Chairwoman Planning Commission Mark Persico, AICP Secretary, Planning Commission MUP 11 -1 1001 Ocean Avenue PC Staff Report 10