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HomeMy WebLinkAbout3 - VAR 12-1 MUP 12-2 (A-95 Surfside)March 7, 2012 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject VARIANCE 12 -1; MINOR USE PERMIT 12 -2 A -95 Surfside Avenue GENERAL DESCRIPTION • Applicant: Owner: Location: Classification of Property: Request: Environmental Review: Code Sections: Recommendation: CYNTHIA AND WAYNE TOMLINSON CYNTHIA AND WAYNE TOMLINSON A -95 SURFSIDE AVENUE RESIDENTIAL Low DENSITY (RLD -9 - SURFSIDE) To CONSTRUCT AN EXTERIOR GLASS WALL FOR AN INTERIOR STAIRCASE THAT ENCROACHES APPROXIMATELY 1' -0" INTO THE REQUIRED SIDE YARD SETBACK AREA, AS WELL AS A GLASS AND STUCCO ARCHITECTURAL ELEMENT ON THE ROOFTOP DECK THAT IS APPROXIMATELY 35 SQUARE FEET IN AREA AND EXCEEDS THE 35' -0" HEIGHT LIMIT BY APPROXIMATELY 3' -6" (APPROXIMATELY 38' -6" OVERALL HEIGHT). PURSUANT TO ARTICLE 18, §15301(E)(1), OF CEQA GUIDELINES, THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA. 11.2.05.015A; 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE APPROVE MINOR USE PERMIT 12 -2; DENY VARIANCE 12 -1. APPROVAL OF MUP 12 -2 SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 12 -3; DENIAL OF VARIANCE 12 -1 SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 12 -2. Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 FACTS flir�i _. ta2 .a ' C-7 ❑ On December 13, 2011, Cynthia and Wayne Tomlinson ( "the applicants ") submitted an application for Variance 12 -1 and Minor Use Permit 12 -2 to the Department of Development Services. ❑ A duly noticed public hearing was held at the Planning Commission meeting of February 15, 2012. At that hearing, the Planning Commission received testimony, both written and oral, into the public record and due to Planning Commission requesting additional information from the architect and applicant, the Commission voted to continue the public hearing to the regularly scheduled Planning Commission meeting of March 7, 2012. ❑ The applicants are requesting a Variance and a Minor Use Permit to construct an exterior glass wall for an interior staircase that encroaches approximately 1' -0" into the required side yard setback area, as well as a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately 3' -6" (approximately 38' -6" overall height). ❑ The subject property is approximately 1,698 sq. ft. in area and is located at A -95 Surfside Avenue within the ` Surfside Colony'. ❑ The property contains a Single Family Dwelling that is approximately 3,418 square feet in area. ❑ The surrounding land use and zoning are as follows: NORTH: Single family residences in the (RLD -9 — Surfside) zone. SOUTH: Beach; Pacific Ocean EAST: Single family residences in the (RLD -9 - Surfside) zone. WEST: Single family residences in the (RLD -9 - Surfside) zone. Residential Low Density Residential Low Density Residential Low Density ❑ As of March 1, 2012, Staff has received one letter (attached), in response to the hearing notices that were mailed out and published for Variance 12 -1; Minor Use Permit 12 -2. 2 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 DISCUSSION The subject property, Orange County Assessor's parcel number 178 - 462 -24, is located within the Residential Low Density (RLD -9 - Surfside) zone at A -95 Surfside Avenue. The property currently contains a three -story, single family dwelling. The lot area is approximately 1,698 square feet and is approximately 25' -0" by 67' -5 ". The applicants propose to construct an exterior glass wall for an interior staircase that encroaches approximately 1' -0" into the required side yard setback area, as well as a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately 3' -6" (approximately 38' -6" overall height). Variance request Section 11.2.05.015A of the Seal Beach Municipal Code specifies development standards for the Surfside Colony. Cornices, eaves, or chimneys are permitted by right to project up to one (1) foot into required side yards beginning above the first story and in no case less than eight (8) feet above grade. The development standards do not specify other types of permitted projections. Generally, when the code is silent with regard to a specific requirement or allowance, that requirement or allowance, by default, is not permitted. Section 11.5.20.020.B of the Municipal Code states that a Variance shall only be granted if the Planning Commission finds, based upon evidence presented at the hearing: 1. The Variance conforms in all significant respects to the General Plan and with any ordinances adopted by the City Council; 2. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification; 3. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated; and 4. Authorization of the Variance substantially meets the intent and purpose of the zoning district in which the property is located and will not be detrimental to the health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the City. 3 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 With regard to the subject property, Staff does not believe that the property meets the minimum criteria for a Variance because the requisite findings cannot be made. There is nothing about size, shape, configuration, or other physical characteristics of the subject property that deprives it of an opportunity to be used in the same manner as similarly situated properties. Properties in the vicinity (i.e., within the Surfside Colony) are used for single family residential purposes, as is the subject property. Staff does not believe that any unique condition exists, either with the property itself, or with the existing development on the property, that necessitates a positive recommendation for granting the Variance. Detailed findings of denial are contained within the resolution. The applicants have submitted an exhibit showing existing projections or encroachments into required setbacks for various properties throughout the Surfside Colony. Based upon a cursory review of these properties, staff has determined that these existing projections were either permitted by right or were granted through previous Variance approvals It is important to note that Variances are not precedent setting. Minor Use Permit request 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 architectural feature (tower) is approximately 3' -6" beyond the 35 foot height limit, for a total building height of 38' -6 "" at the roofline of the architectural feature. The proposed height is within the 7 -foot allowance provided for a non - habitable architectural feature under Section 11.2.05.015.A.6. 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. 4 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 (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 architectural feature will have similar treatments and roofing materials as the remodeled home. The purpose of this feature is to extend the proposed exterior glass wall above the roofline to (presumably) act as a 'light well' into the staircase area and provide natural lighting for this part of the home. The proposed architectural feature has a plan view footprint of approximately 35 square feet. The entire architectural feature exceeds the 35' -0" height limit uniformly, and would also encroach up to 1' -0" into the side yard setback area. Based on the design and location of the architectural feature, Staff does not believe that this feature would significantly impair the primary view of any property located within 300 feet of the subject property, as there is already an existing CRAS located on the roof deck and this would be a relatively minor extension of that CRAS. 5 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 Staff believes that the architectural feature, as proposed, meets the intent of the Code and adds a unique and functional architectural element to the existing dwelling. RECOMMENDATION Staff recommends that the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, deny proposed Variance 12 -1 to construct an exterior glass wall for an interior staircase that encroaches approximately 1' -0" into the required side yard setback area and approve proposed Minor Use Permit 12 -2 to construct a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately 3' -6" (38' -6" overall height) within the Residential Low Density (RLD -9 — Surfside) zone at A -95 Surfside Avenue. Staffs recommendation is based upon the following: Variance 12 -1 O Proposed Variance 12 -1 does not conform to the General Plan or with any ordinances adopted by the City Council, specifically, the Zoning Code, as the proposed encroachment into the side yard setback area is not specifically permitted by the Zoning Code. O There are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, where the strict application of the Zoning Code deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zoning district classification, as all of the properties within the Surfside Colony area are mostly rectangular in shape and there are no other constraints upon the subject lot that would preclude its redevelopment in compliance with RLD -9 zoning development standards; o The approval of the Variance would constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the subject property is situated. It is entirely possible that the existing lot can be developed with a single family dwelling and comply with all of the Zoning Code requirements; and o Authorization of the Variance would not substantially meet the intent and purpose of the zoning district in which the property is located, as development standards within the RLD -9 zone were established to facilitate uniform 6 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 development patterns, adequate building setbacks, and place controls on residential density within the zone. Minor Use Permit 12 -2 o Proposed Minor Use Permit 12 -2, 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. o 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. o 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. o No habitable living space is provided within the structure. o 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. For: March 7, 2012 Ii fera, AICP Planner — Development Services Attachments: (4) Attachment 1: Proposed Resolution No. 12 -2 Planning Commission of the City Variance No. 12 -1, to construct an interior staircase that encroaches 7 - A Resolution of the of Seal Beach, denying exterior glass wall for an approximately 1' -0" into Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 the required side yard setback area within the RLD -9 zone (Surfside) at A -95 Surfside Avenue, Seal Beach Attachment 2: Proposed Resolution No. 12 -3 — A Resolution of the Planning Commission of the City of Seal Beach, approving Minor Use Permit 12 -2, to construct a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately 3' -6" (approximately 38' -6" overall height) at A -95 Surfside Avenue, Seal Beach. Attachment 3: Letter received from the Surfside Colony Architectural Review Committee. Attachment 4: Project plans. 8 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 ATTACHMENT 1 PROPOSED RESOLUTION NO. 12 -2 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, DENYING VARIANCE 12 -1, TO CONSTRUCT AN EXTERIOR GLASS WALL FOR AN INTERIOR STAIRCASE THAT ENCROACHES APPROXIMATELY 1' -O" INTO THE REQUIRED SIDE YARD SETBACK AREA WITHIN THE RLD -9 ZONE (SURFSIDE) AT A -95 SURFSIDE AVENUE, SEAL BEACH 9 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 RESOLUTION NUMBER 12 -2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING VARIANCE 12 -1, TO CONSTRUCT AN EXTERIOR GLASS WALL FOR AN INTERIOR STAIRCASE THAT ENCROACHES APPROXIMATELY 1' -0" INTO THE REQUIRED SIDE YARD SETBACK AREA WITHIN THE RLD -9 ZONE (SURFSIDE) AT A -95 SURFSIDE AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 13, 2011, Cynthia and Wayne Tomlinson ( "the applicants ") submitted an application to the City of Seal Beach Department of Development Services for Variance 12 -1. Section 2. The requested variance is for the construction of an exterior glass wall for an interior staircase that encroaches approximately 1' -0" into the required side yard setback area. Section 3. Pursuant to Article 18, §15301(e)(1) of CEQA Guidelines, staff has determined as follows: Variance 12 -1 for the construction of an exterior glass wall that encroaches into the required side yard setback area, is categorically exempt exempt from review pursuant to the California Environmental Quality Act (Existing Structures), because the application is to permit a minor expansion of an existing dwelling. Section 4. A duly noticed public hearing was held at the Planning Commission meeting of February 15, 2012 to consider the application for Variance 12- 1. At that hearing, the Planning Commission received testimony, both written and oral, into the public record and due to the Planning Commission requesting additional information from the architect and applicant, the Commission voted to continue the public hearing to the regularly scheduled Planning Commission meeting of March 7, 2012. 10 Section 5. indicates the following: Tomlinson submitted Development Services Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 The record of the continued hearing of March 7, 2012, a. On December 13, 2011, Cynthia and Wayne an application to the City of Seal Beach Department of for Variance 12 -1. b. A duly noticed public hearing was held at the Planning Commission meeting of February 15, 2012. At that hearing the Planning Commission received testimony, both written and oral, into the public record and due to the Planning Commission requesting additional information from the architect and applicant, the Commission voted to continue the public hearing to the regularly scheduled Planning Commission meeting of March 7, 2012. c. The requested variance is for the construction of an exterior glass wall for an interior staircase that encroaches approximately 1' -0" into the required side yard setback area. d. The surrounding land uses and zoning are as follows: NORTH: Single family residences in the Residential Low Density (RHD -9 — Surfside) zone. SOUTH: Beach; Pacific Ocean. EAST: Single family residences in the Residential Low Density (RLD -9 — Surfside) zone. WEST: Single family residences in the Residential Low Density (RLD -9 — Surfside) zone. e. The subject property is approximately 1,698 square feet in area and is located at A -95 Surfside Avenue within the `Surfside Colony'. f. The subject property contains a single family dwelling that is approximately 3,418 square feet in area. g. There are no physical constraints upon the existing lot that would preclude redevelopment of the lot in a manner consistent with the development of surrounding Tots or that would justify the granting of a Variance. Section 6. Based upon the facts contained in the record, including those stated in §5 of this resolution and pursuant to §11.2.05.015.A and §11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: 11 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 a. Proposed Variance 12 -1 does not conform to the General Plan or any ordinances adopted by the City Council, specifically, the Zoning Code, as the proposed encroachment into the side yard setback area is not specifically permitted by the Zoning Code; b. There are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, where the strict application of the Zoning Code deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zoning district classification, as all of the properties within the Surfside Colony area are mostly rectangular in shape and there are no other constraints upon the subject lot that would preclude its redevelopment in compliance with RLD -9 zoning development standards; c. The approval of the Variance would constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and zone district in which the subject property is situated. It is entirely possible that the existing lot can be with a single family dwelling and comply with all of the zoning code requirements; and d. Authorization of the Variance would not substantially meet the intent and purpose of the zoning district in which the property is located, as development standards within the RLD -9 zone were established to facilitate uniform development patterns, adequate building setbacks, and place controls on residential density within the zone. Section 7. Based upon the foregoing, the Planning Commission hereby denies Variance 12 -1. 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 12 Jerome Olivera, AICP Acting Secretary - Planning Commission 13 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 Sandra Massa - Lavitt Chairperson - Planning Commission Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 ATTACHMENT 2 PROPOSED RESOLUTION NO. 12 -3 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING MINOR USE PERMIT 12 -2, TO CONSTRUCT A GLASS AND STUCCO ARCHITECTURAL ELEMENT ON THE ROOFTOP DECK THAT IS APPROXIMATELY 35 SQUARE FEET IN AREA AND EXCEEDS THE 35' -0" HEIGHT LIMIT BY APPROXIMATELY 3' -6" (APPROXIMATELY 38'- 6" OVERALL HEIGHT) AT A -95 SURFSIDE AVENUE, SEAL BEACH 14 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 RESOLUTION NO. 12 -3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 12 -2, TO CONSTRUCT A GLASS AND STUCCO ARCHITECTURAL ELEMENT ON THE ROOFTOP DECK THAT IS APPROXIMATELY 35 SQUARE FEET IN AREA AND EXCEEDS THE 35' -0" HEIGHT LIMIT BY APPROXIMATELY 3' -6" (APPROXIMATELY 38' -6" OVERALL HEIGHT) AT A -95 SURFSIDE AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On December 13, 2011, Cynthia and Wayne Tomlinson ( "the applicants ") submitted an application for Minor Use Permit 12 -2, to construct a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately 3' -6" (approximately 38' -6" overall height); 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 12 -2 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 15, 2012 to consider Minor Use Permit 12 -2. At the Public Hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application and due to the Planning Commission requesting additional information from the architect and applicant, the Commission voted to continue the public hearing to the regularly scheduled Planning Commission meeting of March 7, 2012. 15 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 Section 4. The record of the hearing of March 7, 2012 indicates the following: (a) On December 13, 2011, the applicants submitted an application for Minor Use Permit 12 -2. (b) A duly noticed public hearing was held at the Planning Commission meeting of February 15, 2012. At that hearing the Planning Commission received testimony, both written and oral, into the public record and due to the Planning Commission requesting additional information from the architect and applicant, the Commission voted to continue the public hearing to the regularly scheduled Planning Commission meeting of March 7, 2012. (c) The subject property is approximately 1,698 square feet in area and is located at A -95 Surfside Avenue within the ' Surfside Colony'. (d) The surrounding land uses and zoning are as follows: NORTH: Single family residences in the Residential Low Density (RHD -9 — Surfside) zone. SOUTH: Beach; Pacific Ocean. EAST: Single family residences in the Residential Low Density (RLD -9 — Surfside) zone. WEST: Single family residences in the Residential Low Density (RLD -9 — Surfside) zone. (e) The proposed architectural element will have roof lines, roofing material, and siding that is architecturally compatible with the remodeled dwelling. (f) No habitable living space is proposed within the architectural element structure 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 Seal Beach Municipal Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 12 -2, 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. 16 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 (b) The proposed architectural element, 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 architectural element, as conditioned, is appropriate for the character and integrity of the surrounding neighborhood. (d) No habitable living space is provided within the architectural element. (e) The proposed architectural element, 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 12 -2, subject to the following conditions: 1. Minor Use Permit 12 -2 is approved for the construction of a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately 3' -6" (approximately 38' -6" overall height) at A -95 Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 12 -2, with the exception of the exterior glass wall encroachment into the required side yard setback area along the west side of the structure. 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 architectural element. 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 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 17 Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 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. 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 Jerome Olivera, AICP Acting Secretary - Planning Commission 18 Sandra Massa - Lavitt, Chairwoman Planning Commission Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 ATTACHMENT 3 LETTER RECEIVED FROM THE SURFSIDE COLONY ARCHITECTURAL REVIEW COMMITTEE 19 4 14 de ea Ya, P. O. BOX 235 • SURFSIDE, CALIFORNIA 90743 OFFICE (562) 592 -2352 • FAX (562) 592 -2687 www.surfsidecolony.org • surfsidecolony @verizon.net tsr December 23, 2011 Planning Department City of Seal Beach City Hall 211 Eigth Street Seal Beach, CA 90740 Re: A 95 To Whom It May Concern: The Architectural Committee of Surfside Colony, Ltd. has reviewed the attached set of plans (6 sheets) and has issued their conditional approval. Please be advised that applicant needs to submit a construction application and deposit. Thank you. Surfside Architect Committee Planning Commission Staff Report Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue March 7, 2012 ATTACHMENT 4 PROJECT PLANS 20