HomeMy WebLinkAbout3 - MUP 12-1 (B-86 Surfside Avenue)February 1, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Minor Use Permit 12 -1
B -86 Surfside Avenue
GENERAL DESCRIPTION
Applicants:
Owner:
Location:
RENEE A. DEPESO /ARTHUR PATINO
RENEE A. DEPESO
B -86 SURFSIDE AVENUE
Classification of Property: RESIDENTIAL LOW DENSITY (RLD -9 - SURFSIDE)
Request:
Environmental Review:
Code Sections:
Recommendation:
TO CONSTRUCT A NON - HABITABLE ARCHITECTURAL FEATURE IN
EXCESS OF THE 35 -FOOT HEIGHT LIMIT. SPECIFICALLY, THE
APPLICANT PROPOSES TO CONSTRUCT AN APPROXIMATELY 10' -3"
BY 10' -3" COVERED ROOF ACCESS STRUCTURE (CRAS) AND AN
APPROXIMATELY 9' -10" BY 11' -3" SOLID ROOF PATIO COVER TO
EXCEED THE HEIGHT LIMIT BY APPROXIMATELY 1' -9 "; 7 FEET IS
THE MAXIMUM HEIGHT ALLOWED BEYOND THE HEIGHT LIMIT. ONLY
A PORTION OF THE CRAS AND PATIO COVER WILL EXCEED THE
HEIGHT LIMIT.
PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15301(E)(1) — EXISTING FACILITIES, THIS
PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW.
SECTIONS 11.2.05.015A AND 11.5.20 OF THE SEAL BEACH
MUNICIPAL CODE.
APPROVE MINOR USE PERMIT 12 -1, SUBJECT TO CONDITIONS,
THROUGH THE ADOPTION OF RESOLUTION 12 -1.
Z: \Minor Use Permits \Minor Use Permits - 2012 \MUP 12 -1 B -86 Surfside Avenue \MUP 12 -1 B -86 Surfside Avenue PC Staff
Report.doc
FACTS
❑ On January 12, 2012, Mr. Arthur Patino ( "the applicant ") submitted an application
to the Department of Development Services for Minor Use Permit (MUP) 12 -1.
❑ 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 an approximately 10' -3" by 10' -3" Covered Roof
Access Structure (CRAS) and an approximately 9' -10" by 11' -3" solid roof patio
cover to exceed the height limit by approximately 1' -9 "; 7 feet is the maximum
height allowed beyond the height limit. Only a portion of the CRAS and patio
cover will exceed the height limit, the remaining areas are within the 35' -0" height
limit.
❑ The subject property is mostly rectangular in shape with a lot area of
approximately 1,232 square feet. The property is approximately 29' -0" wide by
41' -8 "' deep.
❑ The surrounding land uses and zoning are as follows:
❑ As of January 25, 2012, 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 12 -1.
BACKGROUND
NORTH, SOUTH, Single family dwellings located in the
EAST & WEST Residential Low Density zone (RLD -9 - Surfside).
On January 12, 2012, the applicant submitted an application for MUP 12 -1. 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 an approximately 10' -3" by 10' -3" Covered Roof Access Structure (CRAS) and
an approximately 9' -10" by 11' -3" solid roof patio cover to exceed the height limit by
approximately 1' -9 "; 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.
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -1
B -86 Surfside Avenue
February 1, 2012
This request for MUP 12 -1 is in conjunction with the construction of a new single family
dwelling within the Surfside Colony. While the original plans that were submitted and
approved by the Planning department included a roof deck with a CRAS, the original
structure was entirely within the 35' -0" height allowance. Once the building was under
construction, the property owner made changes in the field to the roof pitch, layout, and
design which resulted in the revised structure exceeding the height limitation and
necessitating the Minor Use Permit.
DISCUSSION I
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 and patio cover is approximately 1' -9 "" beyond
the 35 foot height limit, for a total building height of 36' -9 "" at the peak of the ridge for
the CRAS and patio cover and gradually slopes downward on both sides away from the
peak, to below the 35' -0" height limit at just beyond the midpoint of the slope. 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.
(1) 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.
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -1
B -86 Surfside Avenue
February 1, 2012
(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.
(iv) Detailed and complete plans for the proposed work."
Architectural Style: Roofing, Location and Size
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -1
8 -86 Surfside Avenue
February 1, 2012
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 architectural treatments and roofing materials that are
compatible with the home under construction 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 Tight and views from the nearest adjacent structure.
The proposed CRAS has a plan view footprint of approximately 100 square feet and the
solid roof patio cover has a roof structure area of approximately 120 square feet. The
portion of the CRAS that exceeds the 35' -0" height is located approximately 3' -0" from
the west side eave line and approximately 4' -6" from the east side eave line. Based on
the design and location of the CRAS, as well as the location of the existing dwelling
along the "B" 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, due the lower sloping roof line (3:12 roof pitch) and the fact that the
ridge line only exceeds the height limit by 1' -9 ". The profile of the CRAS has been
designed with consideration to reducing the visual impact to the neighborhood. It
should be noted that the properties on either side of the subject property on the "B" row
are considerably lower than subject property, meaning that, regardless of the CRAS,
there is an existing impairment of the sight lines due to the prevalence of numerous
three story structures in the vicinity, and the nearest three story structure on the "C" row
has an existing CRAS located within the sight line of the subject property.
Planning Commission Staff Report
Minor Use Permit 12 -1
B -86 Surfside Avenue
February 1, 2012
Staff believes that the CRAS and patio cover, as proposed, meets the intent of the
Code and while the CRAS slightly exceeds the minimum square footage necessary to
enclose the stairway, the additional area does not provide for any additional useful
space and actually helps to provide a better overall architectural aesthetic.
RECOMMENDATION
Staff recommends the Planning Commission, after considering all relative testimony
presented during the public hearing, approve Minor Use Permit 12 -1, subject to
conditions.
Staff's recommendation is based on the following:
❑ Minor Use Permit 12 -1, 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 features, as conditioned, are
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 features, as conditioned, are
appropriate for the character and integrity of the surrounding neighborhood and
permissible by code through the issuance of a Minor Use Permit.
❑ No useable living space is provided within the structure.
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -1
B -86 Surfside Avenue
February 1, 2012
❑ 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 12 -1:
1. Minor Use Permit 12 -1 is approved for the construction of a non - habitable
architectural feature for an approximately 100 square foot Covered Roof Access
Structure and approximately 120 square foot solid roof patio cover (area of roof
structure) that is approximately 1' -9" in excess of the 35 -foot height limit at the
ridge line at B -86 Surfside Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved
through Minor Use Permit 12 -1. All new construction shall comply with all
applicable sections of the City's Zoning Code.
3. There shall be no livable space permitted within the Covered Roof Access
Structure or the solid roof patio cover.
4. Roof pitches and exterior finishes of the Covered Roof Access Structure and
solid roof patio cover shall be architecturally compatible with the remainder of the
structure.
5. Building permits shall be obtained for all new construction requiring such permits.
6. 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.
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 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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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
or Planner
epartment of Development Services
Attachments: (2)
Attachment 1: Resolution No. 12 -1, A Resolution of the Planning
Commission of the City of Seal Beach Approving Minor Use
Permit 12 -1, for the Construction of a Covered Roof Access
Structure and solid roof patio cover at B -86 Surfside
Avenue, Seal Beach.
Attachment 2: Project Plans
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -1
8 -86 Surfside Avenue
February 1, 2012
ATTACHMENT 1
Planning Commission Staff Report
Minor Use Permit 12 -1
8 -86 Surfside Avenue
February 1, 2012
RESOLUTION NO. 12 -1, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING MINOR USE PERMIT
12 -1, FOR THE CONSTRUCTION OF A NON -
HABITABLE ARCHITECTURAL FEATURE FOR A
COVERED ROOF ACCESS STRUCTURE AND A
SOLID ROOF PATIO COVER AT B -86 SURFSIDE
AVENUE, SEAL BEACH
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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RESOLUTION NO. 12 -1
Planning Commission Staff Report
Minor Use Permit 12 -1
8 -86 Surfside Avenue
February 1, 2012
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR USE PERMIT 12 -1, 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 January 12, 2012, Mr. Arthur Patino ( "the applicant ")
submitted an application for Minor Use Permit 12 -1. 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 an approximately 10' -3" by
10' -3" Covered Roof Access Structure (CRAS) and an approximately 9' -10" by 11' -3"
solid roof patio cover to exceed the height limit by approximately 1' -9 "; 7 feet is the
maximum height allowed beyond the height limit through a Minor Use Permit, and only
a portion of the CRAS and patio cover will exceed the height limit.
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 12 -1 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 February 1, 2012 to consider Minor Use Permit 12 -1. 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:
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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(a) On January 12, 2012, the applicant submitted an application for
Minor Use Permit 12 -1.
(b) The applicant is requesting to construct an approximately 10' -3" by
10' -3" CRAS and an approximately 9' -10" by 11' -3" solid roof patio cover to exceed the
height limit by approximately 1' -9" at B -86 Surfside Avenue; 7 feet is the maximum
height allowed beyond the height limit through a Minor Use Permit.
(c) The subject property is rectangular in shape with a lot area of
approximately 1,232 square feet. The property is approximately 29' -0" wide by 41' -8"
deep.
(d) The surrounding land uses and zoning are as follows:
Planning Commission Staff Report
Minor Use Permit 12 -1
B -86 Surfside Avenue
February 1, 2012
NORTH, SOUTH, Single family dwellings located in the
EAST, & WEST Residential Low Density zone (RHD -9 - Surfside).
(f) The proposed CRAS and solid roof patio cover will have roof lines,
roofing material, and siding that is architecturally compatible with the single family
dwelling under construction.
(g) The proposed GRAS has a plan view footprint of approximately 100
square feet and the solid roof patio cover has a roof area of approximately 120 square
feet. The portion of the CRAS that exceeds the 35' -0" height is located approximately
3' -0" from the west side eave line and approximately 4' -6" from the east side eave line.
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 12 -1, 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 features, as conditioned,
are 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 features, as conditioned,
are appropriate for the character and integrity of the surrounding neighborhood.
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -1
8 -86 Surfside Avenue
February 1, 2012
(d) No habitable living space is provided within the structures.
(e) The proposed non - habitable architectural features, as conditioned,
do 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 12 -1, subject to the following conditions:
1. Minor Use Permit 12 -1 is approved for the construction of a non - habitable
architectural feature for an approximately 100 square foot Covered Roof Access
Structure and approximately 120 square foot solid roof patio cover (area of roof
structure) that is approximately 1' -9" in excess of the 35 -foot height limit at the
ridge line at B -86 Surfside Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved
through Minor Use Permit 12 -1. All new construction shall comply with all
applicable sections of the City's Zoning Code.
3. There shall be no livable space permitted within the Covered Roof Access
Structure or the solid roof patio cover.
4. Roof pitches and exterior finishes of the Covered Roof Access Structure and
solid roof patio cover shall be architecturally compatible with the remainder of the
structure.
5. Building permits shall be obtained for all new construction requiring such permits.
8. 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.
9. 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
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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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 day of , 2012
by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Mark Persico, AICP
Secretary - Planning Commission
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -1
B -86 Surfside Avenue
February 1, 2012
Sandra Massa - Lavitt, Chairwoman
Planning Commission
MUP 12 -1 B -86 Surfside Avenue PC Staff Report.doc
ATTACHMENT 2
PROJECT PLANS
13
Planning Commission Staff Report
Minor Use Permit 12 -1
B -86 Surfside Avenue
February 1, 2012