HomeMy WebLinkAbout2 - MUP 11-3 C-6 SurfsideJuly 20, 2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Minor Use Permit 11 -3
C -6 Surfside Avenue
GENERAL DESCRIPTION
Applicant: STEVEN SENNIKOFF
Owners. : CHRIS AND SVETLANA CACEY
Location: C -6 SURFSIDE AVENUE
Classification of Property: RESIDENTIAL LOW DENSITY (RLD -9 - SURFSIDE)
Request: TO CONSTRUCT A NON - HABITABLE ARCHITECTURAL FEATURE I
EXCESS OF THE 35 -FOOT HEIGHT LIMIT. SPECIFICALLY, TH
APPLICANT PROPOSES TO CONSTRUCT AN APPROXIMATELY 7' -10
BY 11' -10" COVERED ROOF ACCESS STRUCTURE TO EXCEED TH
HEIGHT LIMIT BY APPROXIMATELY 4' -1 "; 7 FEET IS THE MAXIMUI
HEIGHT VARIATION PERMITTED.
Environmental Review: PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15301(E)(1) — EXISTING FACILITIES, THIS
PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW.
Code Sections:
Recommendation:
SECTIONS 11.2.05.015A AND 11.5.20 OF THE SEAL BEACH
MUNICIPAL CODE.
APPROVE MINOR USE PERMIT 11 -3, SUBJECT TO CONDITIONS,
THROUGH THE ADOPTION OF RESOLUTION 11 -15.
Z: \Minor Use Permits \MUP 11 -3 C -6 Surfs ide Avenue \MUP 11 -3 C -6 Surfs ide Avenue PC Staff Report.doc
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
FACTS
❑ On May 23, 2011, Mr. Steven Sennikoff ( "the applicant ") submitted an
application to the Department of Development Services for Minor Use Permit
(MUP) 11 -3.
❑ The proposed project would allow for the construction of a non - habitable
architectural feature in excess of the 35 -foot height limit. Specifically, the
applicant proposes to construct a 7' -10" by 11' -10" Covered Roof Access
Structure (CRAS) to exceed the height limit by approximately 4'-l"; 7 feet is the
maximum height allowed beyond the height limit.
❑ The subject property is rectangular in shape with a lot area of approximately
987.5 square feet. The property is 25.0' wide by 39.50' deep.
❑ The surrounding land uses and zoning are as follows:
NORTH, SOUTH, Single family dwellings located in the
EAST & WEST Residential Low Density zone (RLD -9 - Surfside).
❑ As of July 13, 2011, staff has received one letter in opposition to the proposed
project, in response to the hearing notices that were mailed and published for the
proposed MUP 11 -3.
BACKGROUND
On May 23, 2001, the applicant submitted an application for MUP 11 -3. The proposed
project would allow for the construction of a non - habitable architectural feature in
excess of the 35 -foot height limit. Specifically, the applicant proposes to construct a 7'-
10" by 11' -10" CRAS to exceed the height limit by 4' -1 "; 7 feet is the maximum height
allowed beyond the height limit. The proposed CRAS complies with the provisions of
§11.2.05.015.A.6 of the Seal Beach Municipal Code.
This request for MUP 11 -3 is in conjunction with a remodel and expansion of the
existing property. In addition to the proposed CRAS, the overall project would add
approximately 235 square feet of habitable space to the existing dwelling; a new 520
square foot roof deck; and a remodeled garage.
MUP 11 -3 C -6 Surfside Avenue PC Staff Report
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
DISCUSSION
In general the Zoning Code states that no building or structure shall exceed the height
limit for the district and zone in which it is located. However, Section 11.2.05.015.A.6
provides for non - habitable architectural features, such as spires, towers, cupolas,
belfries, monuments, parapets (not required by the Uniform Building Code), domes, and
covered access to open roof decks to exceed the height limit established pursuant to
Section 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 limit for structures within the Surfside Colony is 35 feet. The maximum
height elevation of the proposed CRAS is approximately 4'-1" beyond the 35 foot height
limit, for a total building height of 39'-1" at the peak of the CRAS. The proposed height
is within the 7 -foot allowance provided for a non - habitable architectural feature under
Section 11.2.05.015.A.3.
In addition to the overall height requirement previously discussed, the Planning
Commission, in reviewing an application for a Height Variation, shall consider criteria
set forth in Section 11.2.05.015.A.6.c and make findings pursuant to said review. Said
criteria stated in Section 11.2.05.015.A.6.c as follows:
"c ...In making the findings required for the approval of a Minor Use Permit
pursuant to Chapter 11.5.20: Development Permits, the following additional
issues shall also be considered.
(i) Whether such variation is appropriate for the architectural style of the
building.
(a) Whether all roofing materials of a covered stairwell to an open roof
deck are in substantial conformity with the roofing materials of the
remainder of the structure.
(b) Whether a covered stairwell to an open roof deck is located along
peripheral exterior walls of the structure.
(c) Whether a covered stairwell to an open roof deck is limited to the
minimum area, both horizontally and vertically, necessary to cover the
stairwell.
(ii) Whether such variation is appropriate for the character and integrity of
the neighborhood.
(iii) Whether such variation significantly impairs the primary view from any
property located within 300 feet.
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 3
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
(iv) Detailed and complete plans for the proposed work. "
Architectural Style: Roofing, Location and Size
The Code permits what the applicant is proposing, through the Minor Use Permit
process, subject to the finding that the proposal is consistent with the integrity of the
neighborhood. If the Planning Commission were to find that this proposal was not
significantly in keeping with the character of the neighborhood, this application could be
denied.
In considering an application for such a Minor Use Permit, the Planning Commission
may take into consideration the architectural style of the non - habitable architectural
feature as it applies to the style of the overall structure. The materials used in this
construction will be in substantial conformity with the materials used in the construction
of the rest of the house.
The proposed CRAS will have similar treatments and roofing materials as the
remodeled home and while one wall of the CRAS is located at the side wall of the
dwelling, this is the lowest point of the CRAS and is actually below the 35' -0" height limit
at this point. Additionally, the structure itself slopes upward toward the interior of the
structure to soften the appearance and to minimize the impact to light and views from
the nearest adjacent structure.
The proposed CRAS has a plan view footprint of approximately 100 square feet. Of the
100 square feet, approximately 20 square feet is designated as a new storage area,
presumably for roof deck chairs, umbrellas, and other patio items. The portion of the
CRAS that exceeds the 35' -0" height is located approximately 2' -0" from the west side
roof deck wall; 8' -0" from the rear deck wall; 19' -0" from the front deck wall' and
approximately 4' -6" from the east side deck wall. Based on the design and location of
the CRAS, as well as the location of the existing dwelling along the "C" Row within the
Surfside Colony, Staff does not believe that the CRAS would significantly impair the
primary view of any property located within 300 feet of the subject property. The profile
of the CRAS has been designed with consideration to reducing the visual impact to the
neighborhood. It should be noted that the two properties to the west of the subject
property presently have similar rooftop structures; the two properties to the east do not
have rooftop decks, nor does the property immediately south of the subject property on
the "B" Row.
Staff believes that the CRAS, as proposed, meets the intent of the Code and other than
the proposed storage closet, provides the minimum square footage necessary to
enclose the stairway, based on the design and configuration of the stairway.
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 4
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
RECOMMENDATION
Staff recommends the Planning Commission, after considering all relative testimony
presented during the public hearing, approve Minor Use Permit 11 -3, subject to
conditions.
Staff's recommendation is based on the following:
❑ Minor Use Permit 11 -3, as conditioned, is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "Low Density
Residential" designation for the subject property and permits single family
residential uses. The use, as conditioned, 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, as conditioned, is consistent with the General Plan.
❑ The proposed non - habitable architectural feature, as conditioned, is
architecturally in keeping with the remainder of the structure, with the roof pitch,
roofing materials and siding architecturally compatible with that of the remainder
of the structure.
❑ The proposed non - habitable architectural feature, as conditioned, is appropriate
for the character and integrity of the surrounding neighborhood and permissible
by code through the issuance of a Minor Use Permit.
❑ No habitable living space is provided within the structure.
❑ The proposed non - habitable architectural feature, as conditioned, does not
significantly impair the primary view of any property located within 300 feet of the
subject property.
Staff recommends the following conditions of approval for Minor Use Permit 11 -3:
1. Minor Use Permit 11 -3 is approved for the construction of a non - habitable
architectural feature for an approximately 100 square foot Covered Roof Access
Structure (total footprint including roof structure) that is approximately 4' -1" in
excess of the 35 -foot height limit at C -6 Surfside Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved
through Minor Use Permit 11 -3. All new construction shall comply with all
applicable sections of the City's Zoning Code.
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 5
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
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 existing roof pitches and exterior finishes.
5. Building permits shall be obtained for all new construction requiring such permits.
6. This Height Variation 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.
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 of the rights permitted by this Height Variation,
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.
Olivera, AICP
i Planner
partment of Development Services
Attachments: (4)
Attachment 1: Resolution No. 11 -15, A Resolution of the Planning
Commission of the City of Seal Beach Approving Minor Use
Permit 11 -3, for the Construction of a Non - Habitable
MUP 11 -3 C -6 Surfside Avenue PC Staff Report
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
Architectural Feature for a Covered Roof Access Structure
at C -6 Surfside Avenue, Seal Beach.
Attachment 2: Application
Attachment 3: Letter received in opposition to Minor Use Permit 11 -3
Attachment 4: Project Plans
MUP 11 -3 C -6 Surfside Avenue PC Staff Report
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
ATTACHMENT 1
RESOLUTION NO. 11 -15, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING MINOR USE PERMIT
11 -3, FOR THE CONSTRUCTION OF A NON -
HABITABLE ARCHITECTURAL FEATURE FOR A
COVERED ROOF ACCESS STRUCTURE AT C -6
SURFSIDE AVENUE, SEAL BEACH
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 8
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
RESOLUTION NO. 11 -15
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR USE PERMIT 11 -3, FOR
THE CONSTRUCTION OF A NON - HABITABLE
ARCHITECTURAL FEATURE FOR A COVERED
ROOF ACCESS STRUCTURE AT C -6 SURFSIDE
AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1 . On May 23, 2011, Mr. Steven Sennikoff ( "the applicant ")
submitted an application for Minor Use Permit 11 -3. The proposed project would allow
for the construction of a non - habitable architectural feature in excess of the 35 -foot
height limit. Specifically, the applicant proposes to construct a 7' -10" by 11' -10"
Covered Roof Access Structure (CRAS) to exceed the height limit by approximately 4'-
1 "; 7 feet is the maximum height allowed beyond the height limit through a Minor Use
Permit.
Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and § II.A of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
Minor Use Permit 11 -3 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existing
Structures), because the application is for the construction of a non - habitable
architectural feature in conjunction with an existing dwelling.
Section 3. A duly noticed public hearing was held before the Planning
Commission on July 20, 2011 to consider Minor Use Permit 11 -3. At the public hearing,
the Planning Commission received into the record all evidence and testimony provided
on this matter.
Section 4. The record of the hearing indicates the following:
(a) On May 23, 2011, the applicant submitted an application for Minor
Use Permit 11 -3.
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 9
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
(b) The applicant is requesting to construct an approximately 7' -10" by
11' -10" CRAS to exceed the height limit by approximately 4' -1" at C -6 Surfside Avenue;
7 feet is the maximum height variation permitted.
(c) The subject property is rectangular in shape with a lot area of
approximately 987.5 square feet. The property is 25.0' wide by 39.50' deep.
(d) The surrounding land uses and zoning are as follows:
NORTH, SOUTH, Single family dwellings located in the
EAST, & WEST Residential Low Density zone (RHD -9 - Surfside).
(f) The proposed CRAS will have roof lines, roofing material, and
siding that is architecturally compatible with the remodeled dwelling.
(g) The proposed elevator enclosure comprises approximately 100
square feet (total footprint including roof structure). Of the 100 square feet,
approximately 20 square feet is designated as a new storage area, presumably for roof
deck chairs, umbrellas, and other patio items. The portion of the CRAS that exceeds
the 35' -0" height is located approximately 2' -0" from the west side roof deck wall; 8'4
from the rear deck wall; 19' -0" from the front deck wall' and approximately 4' -6" from the
east side deck wall.
Section 5. Based upon the evidence in the record, including the facts
stated in Section 4 of this resolution and pursuant to Section 11.2.05.015.A.3 of the
City's Code the Planning Commission hereby finds as follows:
(a) Minor Use Permit 11 -3, as conditioned, is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a "Low
Density Residential" designation for the subject property and permits single family
residential uses. 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.
(b) The proposed non - habitable architectural feature, as conditioned,
is architecturally in keeping with the existing structure, with the roof pitch, roofing
materials and siding architecturally compatible with that of the remainder of the
structure.
(c) The proposed non - habitable architectural feature, as conditioned,
is appropriate for the character and integrity of the surrounding neighborhood.
(d) No habitable living space is provided within the structure.
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 10
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
(e) The proposed non - habitable architectural feature, as conditioned,
does not significantly impair the primary view of any property located within 300 feet of
the subject property.
Section 6. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 11 -3, subject to the following conditions:
Minor Use Permit 11 -3 is approved for the construction of a non - habitable
architectural feature for an approximately 100 square foot Covered Roof Access
Structure (total footprint including roof structure) that is approximately 4' -1" in
excess of the 35 -foot height limit at C -6 Surfside Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved
through Minor Use Permit 11 -3. 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 existing roof pitches and exterior finishes.
5. Building permits shall be obtained for all new construction requiring such permits.
6. This Height Variation 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.
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 of the rights permitted by this Height Variation,
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,
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 1 1
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Sunside Avenue
July 20, 2011
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 day of , 2011
by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa - Lavitt, Chairwoman
Planning Commission
Mark Persico, AICP
Secretary - Planning Commission
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 12
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Sun°side Avenue
July 20, 2011
ATTACHMENT 2
APPLICATION
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 13
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
ATTACHMENT 3
LETTER RECEIVED IN OPPOSITION TO
MINOR USE PERMIT 11 -3
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 14
Planning Commission Staff Report
Minor Use Permit 11 -3
C -6 Surfside Avenue
July 20, 2011
ATTACHMENT 4
PROJECT PLANS
MUP 11 -3 C -6 Surfside Avenue PC Staff Report 15