HomeMy WebLinkAbout2 - MUP 12-3 B-86 Surfside AvenueMarch 21, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Minor Use Permit 12 -3
B -86 Surfside Avenue
GENERAL DESCRIPTION
Applicants:
Owners:
Location:
ART PATINO /RENEE A. DEPESO
ART 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
APPLICANTS PROPOSE TO CONSTRUCT AN APPROXIMATELY 9' -9"
BY 9' -10" COVERED ROOF ACCESS STRUCTURE (CRAS) TO
EXCEED THE HEIGHT LIMIT BY APPROXIMATELY 2' -O "; 7 FEET IS
THE MAXIMUM HEIGHT ALLOWED BEYOND THE HEIGHT LIMIT. ONLY
A PORTION OF THE CRAS 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 -3, SUBJECT TO CONDITIONS,
THROUGH THE ADOPTION OF RESOLUTION 12 -4.
Z: Minor Use Permits \Minor Use Permits - 2012\MUP 12 -3 B -86 Surfside Avenue \MUP 12 -3 B -86 Surfside Avenue PC Staff
Report.doc
Planning Commission Staff Report
Minor Use Permit 12 -3
B -86 Surfside Avenue
March 21, 2012
FACTS
❑ On March 1, 2012, Arthur Patino and Renee DePeso ( "the applicants ") submitted
an application to the Department of Development Services for Minor Use Permit
(MUP) 12 -3.
❑ The proposed project would allow for the construction of a non - habitable
architectural feature in excess of the 35 -foot height limit. Specifically, the
applicant proposes to construct an approximately 9' -9" by 9' -10" Covered Roof
Access Structure (CRAS) to exceed the height limit by approximately 2' -0 "; 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 March 15, 2012, staff has not received any correspondence, in response to
the hearing notices that were mailed to residents within a 300' radius of the
subject property for the proposed MUP 12 -3.
BACKGROUND
On March 1, 2012, the applicants submitted an application for MUP 12 -3. The
proposed project would allow for the construction of a non - habitable architectural
feature in excess of the 35 -foot height limit. Specifically, the applicants propose to
construct an approximately 9' -9" by 9' -10" Covered Roof Access Structure (CRAS) to
exceed the height limit by approximately 2' -0 "; 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 -3 is in conjunction with the construction of a new single family
dwelling within the Surfside Colony. While the original plans that were submitted and
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Planning Commission Staff Report
Minor Use Permit 12 -3
B -86 Surfside Avenue
March 21, 2012
approved by the Planning department included a roof deck with a CRAS, the original
elevation drawings did not correspond to the section drawings and construction plans.
The original elevation drawings showed the entire structure as being within the 35' -0"
height envelope, while the section drawings and construction plans showed the CRAS
actually exceeding the 35' -0" height envelope. Staff was not made aware of the
structure actually being over the height limit until a framing inspection was performed by
the building department. Once this was discovered, staff directed the property owners
to apply for a Minor Use Permit to allow the structure to exceed the height limit. The
property owners had originally made changes to the structure without authorization or
approval and was subsequently denied a Minor Use Permit (MUP 12 -1) when approval
was requested from the Planning Commission for those changes. The owners then
made modifications to the plan that are more in line with the originally approved plans
and design and has also secured approval for the modified plans from the Surfside
Colony Architectural Review Committee.
DISCUSSION
In general the Zoning Code states that no building or structure shall exceed the height
limit for the district and zone in which it is located. However, Section 11.2.05.015.A.6
provides for non - habitable architectural features, such as spires, towers, cupolas,
belfries, monuments, parapets (not required by the Uniform Building Code), domes, and
covered access to open roof decks to exceed the height limit established pursuant to
Section 11.2.05.015.A.3 (Surfside) up to a maximum of 7 feet, if granted pursuant to a
Minor Use Permit approval.
The height limit for structures within the Surfside Colony is 35 feet. The maximum
height elevation of the proposed CRAS is approximately 2' -0" beyond the 35 foot height
limit, for a total building height of 37' -0" at the peak of the ridge for the CRAS. The
proposed height is within the 7 -foot allowance provided for a non - habitable architectural
feature under Section 11.2.05.015.A.3.
In addition to the overall height requirement previously discussed, the Planning
Commission, in reviewing an application for a Height Variation, shall consider criteria
set forth in Section 11.2.05.015.A.6.c and make findings pursuant to said review. Said
criteria stated in Section 11.2.05.015.A.6.c as follows:
"c ...In making the findings required for the approval of a Minor Use Permit
pursuant to Chapter 11.5.20: Development Permits, the following additional
issues shall also be considered.
(i) Whether such variation is appropriate for the architectural style of the
building.
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Planning Commission Staff Report
Minor Use Permit 12 -3
8 -86 Surfside Avenue
March 21, 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.
ON 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. The
portion of the CRAS that exceeds the 35' -0" height is located approximately 1' -9" from
the west side wall, so the structural footprint that actually exceeds the 35' -0" height limit
is Tess at approximately 75 square feet. Based on the design and location of the CRAS,
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Planning Commission Staff Report
Minor Use Permit 12 -3
B -86 Surfside Avenue
March 21, 2012
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 exceeds the height limit by only
2' -0 ". 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.
RECOMMENDATION I
Staff recommends the Planning Commission, after considering all relative testimony
presented during the public hearing, approve Minor Use Permit 12 -3, subject to
conditions.
Staffs recommendation is based on the following:
❑ Minor Use Permit 12 -3, as conditioned, is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "Low Density
Residential" designation for the subject property and permits single family
residential uses. The use, as conditioned, is also consistent with the remaining
elements of the City's General Plan as the policies of those elements are
consistent with, and reflected in, the Land Use Element. Accordingly, the
proposed use, as conditioned, is consistent with the General Plan.
❑ The proposed non - habitable architectural 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.
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Planning Commission Staff Report
Minor Use Permit 12 -3
B -86 Surfside Avenue
March 21, 2012
❑ No useable living space is provided within the structure.
❑ The proposed non - habitable architectural feature, as conditioned, does not
significantly impair the primary view of any property located within 300 feet of the
subject property.
Staff recommends the following conditions of approval for Minor Use Permit 12 -3:
1. Minor Use Permit 12 -3 is approved for the construction of a non - habitable
architectural feature for an approximately 100 square foot Covered Roof Access
Structure, approximately 75 square feet of which exceeds the 35' -0" height limit,
that is approximately 2' -0" 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 submitted for
Minor Use Permit 12 -3. 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
MUP 12 -3 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -3
B -86 Surfside Avenue
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choice in representing the City in connection with any such claims, losses,
lawsuits or actions, expert witness fees, and any award of damages, judgments,
verdicts, court costs or attorneys' fees in any such lawsuit or action.
Olivera, ktCP
r Planner
epartment of Development Services
Attachments: (2)
Attachment 1: Resolution No. 12 -4, A Resolution of the Planning
Commission of the City of Seal Beach Approving Minor Use
Permit 12 -3, for the Construction of a Covered Roof Access
Structure at B -86 Surfside Avenue, Seal Beach.
Attachment 2: Project Plans
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Planning Commission Staff Report
Minor Use Permit 12 -3
8 -86 Surfside Avenue
March 21, 2012
ATTACHMENT 1
RESOLUTION NO. 12 -4, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING MINOR USE PERMIT
12 -3, FOR THE CONSTRUCTION OF A NON -
HABITABLE ARCHITECTURAL FEATURE FOR A
COVERED ROOF ACCESS STRUCTURE AT B -86
SURFSIDE AVENUE, SEAL BEACH
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Planning Commission Staff Report
Minor Use Permit 12 -3
8 -86 Surfside Avenue
March 21, 2012
RESOLUTION NO. 12 -4
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR USE PERMIT 12 -3, FOR
THE CONSTRUCTION OF A NON - HABITABLE
ARCHITECTURAL FEATURE FOR A COVERED
ROOF ACCESS STRUCTURE AT B -86 SURFSIDE
AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On March 1, 2012, Arthur Patino and Renee DePeso ( "the
applicants ") submitted an application for Minor Use Permit 12 -3. The proposed project
would allow for the construction of a non - habitable architectural feature in excess of the
35 -foot height limit. Specifically, the applicants propose to construct an approximately
9' -9" by 9' -10" Covered Roof Access Structure (CRAS) to exceed the height limit by
approximately 2' -0 "; 7 feet is the maximum height allowed beyond the height limit
through a Minor Use Permit, and only a portion of the CRAS 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 -3 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existing
Structures), because the application is for the construction of a non - habitable
architectural feature in conjunction with an existing dwelling.
Section 3. A duly noticed public hearing was held before the Planning
Commission on March 21, 2012 to consider Minor Use Permit 12 -3. At the public
hearing, the Planning Commission received into the record all evidence and testimony
provided on this matter.
Section 4. The record of the hearing indicates the following:
(a) On March 1, 2012, the applicants submitted an application for
Minor Use Permit 12 -3.
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Planning Commission Staff Report
Minor Use Permit 12 -3
8 -86 Surfside Avenue
March 21, 2012
(b) The applicants are requesting to construct an approximately 9' -9"
by 9' -10" CRAS, to exceed the height limit by approximately 2' -0" 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:
NORTH, SOUTH, Single family dwellings located in the
EAST, & WEST Residential Low Density zone (RHD -9 - Surfside).
(f) The proposed CRAS will have roof lines, roofing material, and
siding that is architecturally compatible with the single family dwelling under
construction.
(g) The proposed CRAS has a plan view footprint of approximately 100
square feet, 75 square feet of which actually exceed the 35' -0" height limit. The portion
of the CRAS that exceeds the 35' -0" height is located approximately 1' -9" from the west
side wall.
Section 5. Based upon the evidence in the record, including the facts
stated in Section 4 of this resolution and pursuant to Section 11.2.05.015.A.3 of the
City's Code, the Planning Commission hereby finds as follows:
(a) Minor Use Permit 12 -3, as conditioned, is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a "Low
Density Residential" designation for the subject property and permits single family
residential uses. The use is also consistent with the remaining elements of the City's
General Plan as the policies of those elements are consistent with, and reflected in, the
Land Use Element. Accordingly, the proposed use is consistent with the General Plan.
(b) The proposed non - habitable architectural feature, as conditioned,
is architecturally in keeping with the existing structure, with the roof pitch, roofing
materials and siding architecturally compatible with that of the remainder of the
structure.
(c) The proposed non - habitable architectural feature, as conditioned,
is appropriate for the character and integrity of the surrounding neighborhood.
(d) No habitable living space is provided within the structures.
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B -86 Surfside Avenue
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(e) The proposed non - habitable architectural feature, as conditioned,
does not significantly impair the primary view of any property located within 300 feet of
the subject property.
Section 6. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 12 -3, subject to the following conditions:
1. Minor Use Permit 12 -3 is approved for the construction of a non - habitable
architectural feature for an approximately 100 square foot Covered Roof Access
Structure, 75 square feet of which actually exceed the height limit, that is
approximately 2' -0" 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 submitted for
Minor Use Permit 12 -3. 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
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
MUP 12 -3 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -3
B -86 Surfside Avenue
March 21, 2012
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
MUP 12 -3 B -86 Surfside Avenue PC Staff Report.doc
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Sandra Massa - Lavitt, Chairwoman
Planning Commission
ATTACHMENT 2
PROJECT PLANS
MUP 12 -3 B -86 Surfside Avenue PC Staff Report.doc
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Planning Commission Staff Report
Minor Use Permit 12 -3
B -86 Surfside Avenue
March 21, 2012