The URL can be used to link to this page

Home My WebLink About3 - MUP 12-1 (B-86 Surfside Avenue)February 15, 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 I Applicants: Owner: Location: Request: Environmental Review: Code Sections: Recommendation: RENEE A. DEPESO /ARTHUR PATINO RENEE A. DEPESO B -86 SURFSIDE AVENUE Classification of Property: RESIDENTIAL Low DENSITY (RLD -9 - SURFSIDE) 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 #2 (continuation).doc FACTS I Planning Commission Staff Report Minor Use Permit 12 -1 8 -86 Surfside Avenue February 15, 2012 ❑ 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. ❑ On February 1, 2012, the item was scheduled to be heard before the Planning Commission at their regularly scheduled meeting. Due to the absence of the project applicant at that meeting, the Commission voted to continue the hearing to the regularly scheduled meeting of February 15, 2012. ❑ 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: NORTH, SOUTH, Single family dwellings located in the EAST & WEST Residential Low Density zone (RLD -9 - Surfside). ❑ As of February 9, 2012, staff has received two letters from the Surfside Colony in opposition to the proposed project, in response to the hearing notices that were mailed and published for the proposed MUP 12 -1. BACKGROUND I 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 (GRAS) and MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatn).doc 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. 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 1 Planning Commission Staff Report Minor Use Permit 12 -1 B -86 Surfside Avenue February 15, 2012 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. (i) Whether such variation is appropriate for the architectural style of the building. MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatn).doc (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. (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 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 light 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 MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatitn).doc Planning Commission Staff Report Minor Use Permit 12 - 8 -86 Surfside Avenue February 15, 2012 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. 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 than if the existing roof structure were abruptly terminated at the 35' -0" height limit and carried across the span of the roof deck as a flat roof at that point. RECOMMENDATION I 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: Planning Commission Staff Report Minor Use Permit 12 -1 B -86 Surfside Avenue February 15, 2012 ❑ 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. MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatn).doc ❑ 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. Planning Commission Staff Report Minor Use Permit 12 -1 B -86 Surfside Avenue February 15, 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, MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatign).doc 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. 6 J o Olivera, AICP e n' •r Planner Department of Development Services Attachments: (3) Planning Commission Staff Report Minor Use Permit 12 -1 B -86 Surfside Avenue February 15, 2012 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: Letters received in opposition from the Surfside Colony with selected plan sheets. Attachment 3: Project Plans MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatisin).doc ATTACHMENT 1 MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuati8n).doc Planning Commission Staff Report Minor Use Permit 12 -1 8 -86 Surfside Avenue February 15, 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 RESOLUTION NO. 12 -1 Planning Commission Staff Report Minor Use Permit 12 -1 8 -86 Surfside Avenue February 15, 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 #2 (continuati9n).doc (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 15, 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 CRAS 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 #2 (continuatie0.doc Planning Commission Staff Report Minor Use Permit 12 -1 8 -86 Surfside Avenue February 15, 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. 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 MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatign).doc Planning Commission Staff Report Minor Use Permit 12 -1 8 -86 Surfside Avenue February 15, 2012 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 #2 (continuatjc2l).doc Sandra Massa - Lavitt, Chairwoman Planning Commission ATTACHMENT 2 MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatja1).doc Planning Commission Staff Report Minor Use Permit 12 -1 8 -86 Surfside Avenue February 15, 2012 LETTERS RECEIVED IN OPPOSITION FROM THE SURFSIDE COLONY WITH SELECTED PLAN SHEETS February 7, 2012 Planning Commission City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Re: B86 Minor Use Permit 12 -1 C X - -G l CO /W /. t0 P.O. BOX 235 • SURFSIDE. CALIFORNIA 90743 OFFICE (562) 592 -2352 • FAX (562) 592 -2687 E -mail: surfside90743 @aol.com Please be advised that the Surfside Colony Architectural Review Board (ARB) opposes the request for a Minor Use permit for the height variance at B86 Surfside. In a letter dated 1/30/2012 from the Surfside Colony Board of Directors several points were raised that our ARB agree with. Below please find some additional clarif ications: 1. In the attached PDF entitled "Surfside- B86 height issue 2- 6 -2012 response" you will find four sketches of the roof plan and elevations at B86. Two of these drawings are from the "Original Set of Surfside Approved Drawings dated 10/20/2010" and the other two .are from the "Proposed Set of Non- Approved Drawings, no date ". The Original Set and the Proposed Set show very different depictions of the roof deck and the street side elevation as follows: a. The Original Drawings showed a maximum height of the building at the street elevation as 34' -8" while the Proposed Set shows 36' -9 ". b. The Original Drawings show a street elevation some nice relief and a roof line that takes up only about z of the front of the building....the Proposed Set shows the roof line going from one side of the building towards the other and has little architectural relief. c. The Original Drawings show a Covered Stairs Roof Access (CSRA) as adhering to the outline of the stairs, as per Code, with a short expansion to allow for a landing and a door. The Proposed Set shows an expansion of the CSRA to almost double of what is required by Code. d. The Original Drawings show a new Vaulted Storage Area that is under the 35' maximum allowed height....the Proposed Set shows this area exceeding the 35' maximum height. 2. The ARB contends that there are two elements on the roof at B86. The first one is a CSRA which is allowed to exceed the 35' maximum height limit; the second one is the covered Vaulted Storage area which is not allowed to exceed 35'. This Vaulted Storage area cannot be considered or interpreted to comply with the Code requirement for Non - Habitable Architectural Features per Section 11.2.05.015.A3 of the Seal Beach Building Code 3. The contractor has already built these non- conforming roof and elevation features without prior approval. The building is in the rough framing phase with no stucco or drywall applied yet. The Owner was aware of this and decided to proceed at his own risk 4. It appears that the reason that this change to the plans were made was due to the location of the stairs leading up to the roof. These stairs should have been built further back into the room on the Third Floor and still could be modified to do so. The ARB is requesting that you deny the applicant's request for a Minor Use Permit 12 -1 primarily since it exceeds the Code's clear requirement of a 35' height limit for non -CSRA features. The applicant should be made to comply with the Original Drawings, make the necessary corrections to the building (stairs, elevations, etc.) and to assure that the adjoining property's views are not obstructed. Sincerely; Surfside Colony Architectural Review Board 3 January 30, 2012 Dear Jerry, Jerry Olivera Senior Planner - Development Services 211 8th Street Seal Beach, CA 90740 Re: Minor Use Permit 12 -1, B -86 Surfside Ave. Thank you for your consideration of our concerns. Sincerely, Board of Directors ( _ 5 au, A e 2 K : , Ya P.O. BOX 235 • SURFSIDE, CALIFORNIA 90743 OFFICE (562) 592 -2352 • FAX (562) 592 -2687 E -mail: surfside90743 @aol.com Please be advised that the Surfside Colony, Ltd. Board of Directors opposes the request for a minor use permit for the above referenced property based upon the following issues: 1. Surfside Colony firmly believes we need to maintain the current height limit of 35' as we do not want to set a precedent for future projects. Portions of the covered patio exceed 35'. 2. We believe the square footage of the current covered roof access for this project exceeds the limit allowed by the City of Seal Beach as does the solid roof patio cover. 3. The building as constructed is not in accordance with the plans approved by the Surfside Architectural Committee. 4. The building as constructed will block the views of adjacent homeowners. NG S 1A TRIM 'TYP. ■ ------- --------------- Ca) II II 111 III i 111111 I 11111 EH MEW 1 I 41 ci ‘ 11 14 i:illIPIIRPI P_ t iltiV taf ,.".'., 1 lid Ifi) kilagil I i • • ■ ■ ■ I • IrMisi...ivnMr insiMilimanasimnigni strin SPARK ARRESTOR — RIDGE POLYURE E FOAM MOu WTH C FIRE RfitTING VENE R VENE 1 R SL.ftTE ROCK - I to I 1 ( - 4 --- \ REAR ELEVATION sca.c=r-o. w z 1.1 1100 I me... as, 22 Ofill2 wAL PL.p.N3 (00..0 tl_0147 som: pPC Par L ALL ROOFING MATERIAL TO BE NEW 6LB PSF EAGLE LITE CONC. - TILE CLASS "A" OVER 1 LAYER OF #30 PAPER FELT, OVER CDX PLY WOOD SHEATHING INDEX 37 / 1 6, NAILS 6.6..2 ENDLES TYP. COLOR TBD, I.B.C. 4860 3 (3. 1 FIN SHE FLOOR FI SHE CEILING POLYURET-IANE1 FOAM tvIOULDI NG RATING TRIM WITH ti CLASS Th FIRE i ‘1- T 'P. • - 1 co r f( Zo . . . RIDGE /I p p . v . fJ REAR ELEVATION SCALE: 1/4 =mow 3 2 - - 1 111.0 .11 Fl FtS4EI ISHE NISI- ED A • POEM Mg I p goIlms vg uJ -J Jw 0. 0 0_ FLOOR CEILING _ FLOOR. .CEILING 3' ■•••••••• oir 27-7" f 1 c' rJ-isc.:S:AtO's x ,,i sr.iEv4rA rA�,iii. ra rtes. Arisr.ri�iI rirf •J.Y.C. - ri ArArAwarArdrArdramowArdAmm / () (q,'!i`J L A C'1t(2 E? • MD RAIL • '� • • '11)OPEN - ;BALCONY 2% DRAIN 9-DECK CrC REPORT # 33891 B811 FLASHINfa MOP BEFORE N IS APPLIED s + - 1DRAIN SLOPE • -- 38' M I S•rA ® ' D 3'-4" • ' - - 14' -d'• 9 • L 9 -10" 1 1 6V- C R A i TABLE 11.2.05.015.A.1 . • SURFSIDE YARD REQUIREMENTS Unit Type- A Row B. Row C .Row Front Yard 4 ft. 2.5 ft. 2.5 ft. (L -1) Side Yard 10% lot width, minimum 3 ft. - maximum 10 ft. (L -2) Rear Yard — 3 ft. (L -3) 3 ft. (L -1) Upper stories may cantilever to the property line (L -2) "A" Row. A stairway and elevated walkway not to exceed two and one -half feet above grade are permitted to encroach three feet into the side yard setback on the northwest side. If a residentially zoned parcel is located to the northwest of a colony pedestrian easement and abuts such easement, a stairway and walkway may be constructed on either the southwest or northwest side of a residential structure. (L -3) On Lot B -1 through B -70 the upper stories may cantilever to the rear property line TABLE 11'.2.05.015:A.4 SURFSIDE MINIMUM UNIT: ' Unit Type- Minimum Unit (sq. ft:) Primary dwelling unit 750 Efficiency Second Dwelling Unit 150 1- Bedroom Second Dwelling Unit 400 2 or more Bedroom Second Dwelling Unit 600 A. Standards for Surfside. 1. Yard Requirements. Yard requirements for Surfside are set forth in Table 11.2.05.015.A.1: Surfside Yard Requirements. 2. Projections into Side Yards. Cornices, eaves or chimneys may project 1 foot into required side yards beginning above the first story and in no case Tess than 8 feet above grade. 3. Building Height Limit. Maximum building height for residential structures, including Second Dwelling Units, shall be 35 feet, as measured from the crown of Surfside Avenue at the center of the subject property. 4. Minimum Unit Size. Minimum unit size is set forth in Table 11.2.05.015.A.4: Surfside Minimum Unit Sizes: City of Seal Beach Title 11 - Part 11 - page 8 Municipal Code Ord. No. 1598 October 11, 2010 5. Parking Requirements. See Chapter 11.4.20: Off- Street Parking and Loading. 6. Non - Habitable Architectural Features. a. Non - habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets (not required by Uniform Building Code), domes and covered access to open roof decks may exceed the height limit established pursuant to Section 11.2.05.015.A.3 a maximum of 7 feet if granted pursuant to the procedures contained in this section. b. Permit Requirement. Minor Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required for all non - habitable architectural features above the established height limit. c. Considerations for Approval of a Minor Use Permit. 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. 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 aread 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. work. iv. Detailed and complete plans for the proposed Title 11 - Part 11- page 9 City of Seal Beach Municipal Code Ord. No. 1598 October 11, 2010 7. General Requirements. a. Lot coverage. Lot coverage is determined by the required setbacks as set forth in Table 11.2.05.015.A.1: Surfside Yard Requirements. 'b. Lot area per dwelling unit. No minimum lot area per dwelling unit is required provided all parking requirements are met. c. Zero Side Yards. Upon the issuance of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, 2 lots with a common side yard may be developed incorporating a zero side yard setback on the common side yard provided: i. Both lots are developed concurrently and that the units are of compatible design; ii. An equal or greater amount of open space is provided on each lot than would be provided by the required conventional setbacks. d. Stairways, Balconies and Patio Decking. Stairways, balconies or patio decking may encroach into the Surfside Colony leased land southwest of Block "A" as set forth below: i. First floor - 10 feet with glass deck enclosure. An additional projection of 3 feet is permitted for required stairways from second floor balconies or landing areas, not to exceed a length of 10 feet; ii. Second Floor — 5 feet; or 10 feet if the first floor deck is then restricted to 5 feet in depth with a 5 -foot high glass enclosure or first floor is an on -grade patio extension to a maximum of 10 feet with no enclosure; iii. Roof projection /sunscreen - 5 feet; iv. Decks must have guard rails installed as required by the California Building Code. On the first or second floor deck, a glass enclosure may be added. The glass enclosure shall not exceed 5 feet, measured from the finished floor of the deck. No glass panel shall be less than 3 feet by 3 feet. lAII glass above the required guard rails shall be clear, un- tinted glass. No portion of the glass enclosure shall be covered or roofed in any manner. e. Minimum Lot Size: Block B. The minimum lot size for Block B, Anderson Street (Lot 1) northwesterly to Seal Way (Lot 70) is 25 feet by 60 feet. Title 11 - Part ll - page 10 City of Seal Beach Municipal Code Ord. No. 1598 October 11, 2010 f. Required Submittals for Issuance of Building Permit. The City shall require the following of any applicant prior to the issuance of any building permits for construction on "A" Row, "B" Row, "C" Row, or Surfside Colony leased land: Colony owned land; Colony; Colony. g. Non- conforminq Building Expansions. General renovation and structural additions to non - conforming buildings may be approved by the issuance of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, provided: added; ii. The only rooms being added are bathrooms, storage closets, closets or enlargements of existing rooms; parking space. iv. General renovation and structural additions to nonconforming buildings which are nonconforming only due to inadequate setbacks may be approved pursuant to Chapter 11.4.40: Nonconforming Uses, Structures, and Lots, Section 11.4.40.020: Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts). B. Maximum Lot Coverage i. Surfside Colony lease for use of Surfside ii. Excavation deposit release from Surfside iii. Street security deposit release from Surfside i. No bedrooms or other living quarters are being iii. The building provides at least 1 conforming 1. RLD -9 District. In the RLD -9 District the maximum lot coverage is 45 %, with an additional 5% lot coverage permitted for patio covers that are at least 50% open. The RLD -9 area along Ocean Avenue, between First Street and Eighth Street, is permitted 60% lot coverage. 2. RHD -20 District, Old Town. In the RHD District, Old Town, the maximum lot coverage is as set forth in Table 11.2.05.015: Development Standards for Residential Districts. Provided below are the allowable lot Title 11 - Part 11 - page 11 City of Seal Beach Municipal Code Ord. No. 1598 October 11, 2010 John Cahoon — Adjacent Neighbor (C13) to B -86 Monor Use Permit 12 -1 Exhibit 1- Picture taken from C14 (North Neighbor adjacent to C13) This is a covered Patio, not just a covered roof access John Cahoon — Adjacent Neighbor (C13 Owner) to B -86 Monor Use Permit 12 -1 Exhibit 2 — Picture taken from C14 (North Neighbor adjacent to C13) I can see ocean from all the rooftops — Proposed permit would entirely block C13's view of the ocean from a roofdeck. JohnandDaMeneCahoon — Adjacent Neighbor (C13) to B-86 Monor Use Permit 12-1 Exhibit 3 All the adjacent homes just have the Staircase which allow me to see through to the ocean. ATTACHMENT 3 PROJECT PLANS MUP 12 -1 B -86 Surfside Avenue PC Staff Report #2 (continuatjop).doc Planning Commission Staff Report Minor Use Permit 12 -1 8 -86 Surfside Avenue February 15, 2012