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HomeMy WebLinkAbout2 - CUP 12-14 (B-54 Surfside Avenue)September 5, 2012 To: Honorable Chairwoman and Members of the Planning Commission From: Department of Community Development Subject: Conditional Use Permit 12 -14 B -54 Surfside Avenue GENERAL DESCRIPTION ..JOSEPH AND LINDA GELERIS JOSEPH AND LINDA GELERIS B -54 SURFSIDE AVENUE RESIDENTIAL LOW DENSITY (RLD -9 - SURFSIDE) t: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A COVERED ROOF ACCESS STRUCTURE (GRAS) AND A ROOF DECK TO A NONCONFORMING RESIDENTIAL PROPERTY WITHIN THE RESIDENTIAL LOW DENSITY (RLD- 9 — SURFSIDE) ZONE AT B -54 SURFSIDE AVENUE. THE PROPERTY IS NONCONFORMING DUE TO SUBSTANDARD GARAGE SETBACKS. Environmental Review: 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; 11.4.40.020; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE Recommendation: APPROVE CONDITIONAL USE PERMIT 12 -14, SUBJECT TO CONDITIONS, THROUGH THE ADOPTION OF RESOLUTION 12 -24. L\Conditional Use PermitstCUP 12 -14 B -54 Surfside AvenuelCUP 12 -14 B -54 Surfside Avenue - PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12-14 B-54 Surfside Avenue September 5, 2012 ❑ On July 11, 2012, Joe and Linda Geleris, ("the applicants"), submitted an application for Conditional Use Permit 12-14 with the Community Development Department. ❑ Specifically, the applicants are proposing to add an approximately 142 square foot Covered Roof Access Structure above the second floor and an approximately 620 square foot rooftop deck to a nonconforming single-family dwelling. The property is nonconforming because of substandard setbacks for the detached garage structure. ❑ The subject property is rectangular and comprises approximately 2,000 sq. ft. in area. The parcel dimensions are approximately 26-0" x 80'-0". ❑ Surrounding land uses and zoning are as follows: SOUTH EAST, WEST: Single family residences in the Residential Low Density (RLD-9 - Surfside) zone. NORTH: Pacific Coast Highway ❑ The subject property is located in the Residential Low Density (RLD-9 - Surfside) zone within the neighborhood generally referred to as the "Surfside Colony". DISCUSSION I The purpose of requiring a CUP for a particular use is to allow for special consideration to ensure that the use can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of properties in the vicinity. Pursuant to the requirements of the Municipal Code, the Planning Commission can only approve a CUP if it finds, based upon evidence presented at the hearing, that the proposal as submitted, or as modified, conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts: The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code; CUP 12-14 B-54 Surfside Avenue - PC Staff Report Planning Commission Staff Report Conditional Use Permit 12-14 B-54 Surfside Avenue September 5, 2012 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect Uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 11.4.40,020 of the Code of the City of Seal Beach, (Code) sets forth standards for structural alterations or additions to nonconforming single-unit residential structures, pursuant to Conditional Use Permit approval from the Planning Commission. The applicant is proposing to add an approximately 142 square foot CRAS above an existing second story, as well as an approximately 620 square foot rooftop patio that would otherwise be permitted by right, except for the fact that the existing, detached garage has nonconforming setbacks (approximately 2'-10" in the rear where 3'-0" is the minimum required; zero setback on the west property line where 3'-0" is the minimum required). While the zero lot line setback for the detached garage would not conform to today's Zoning Code, there is evidence within the permit file on record at City Hall that this structure was legally built and inspected and is therefore considered a legal, nonconforming structure. The proposed CRAS and rooftop patio addition are not anticipated to have any adverse impacts to adjacent properties, since the expansion is in conformance with setback, building height, and lot coverage requirements, and appear to conform to all other development standards of the Zone. The Surfside Colony Architectural Review Committee has previously reviewed and approved the proposed plans as submitted. Based on the foregoing, staff believes that the requisite findings for approving a CUP can be made in this case. The proposal is consistent with the General Plan and Zoning Code, as they allow the reasonable expansion to nonconforming, single family dwellings, subject to approval of a Conditional Use Permit. The conditions placed on the subject request will ensure that the use is not likely to create adverse impacts, disruption to the neighborhood, and other land use impacts. CUP 12-14 B-54 Surfside Avenue - PC Staff Report Planning Commission Staff Report Conditional Use Permit 12-14 8 -54 Surfside Avenue September 5, 2012 2. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints, because conditions placed on the subject request will mitigate any potential land use impacts that may be created by the proposed use. 3. The location, size, design, and operating characteristics of the proposed use would be compatible with and would not adversely affect uses and properties in the surrounding neighborhood because of the conditions placed on its operation. 4. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. It is the opinion of Planning Staff that the proposed addition to the subject property, as conditioned, conforms with the provisions of Section 11.4.40.020 of the Code, and will allow the property owner reasonable expansion of their property. As of August 30, 2012, the City has received no comments, written or otherwise, in response to the public hearing notices mailed for CUP 12-14. RECOMMENDATION Staff believes that the proposed addition of an approximately 142 square foot CRAS and an approximately 620 square foot rooftop patio to the subject property conforms to the provisions of Section 11.4.40.020 of the Code. The Planning Commission has the authority to issue a Conditional Use Permit for the subject addition. Staff therefore recommends that the Planning Commission approve Conditional Use Permit 12-14 subject to conditions. For: September 5, 2012 /tJe6er me p livera, AICP ni Planner - Department of Community Development Attachments (2): CUP 12-14 B-54 Surfside Avenue - PC Staff Report 4 Planning Commission Staff Report Conditional Use Permit 12-14 B-54 Surfside Avenue September 5, 2012 Attachment 1: Proposed Resolution No. 12-24, A Resolution of the Planning Commission of the City of Seal Beach Approving Conditional Use Permit 12-14, for the addition of an approximately 142 square foot Covered Roof Access Structure and an approximately 620 square foot rooftop patio to an existing, nonconforming single-family dwelling at B-54 Surfside Avenue, Seal Beach. Attachment 2: Project Plans CUP 12-14 B-54 Surfside Avenue - PC Staff Report 5 Planning Commission Staff Report Conditional Use Permit 12 -14 B -54 Surfside Avenue September 5, 2012 ATTACHMENT 1 PROPOSED RESOLUTION NUMBER 12-24 - A RESOLUTION • PLANNING • • BEACH OF THE CITY OF SEAL CONDITIONAL PERMIT , • • THE ADDITION OF AN APPROXIMATELY 142 SQUARE • • COVERED - • • ACCESS STRUCTURE • AND AN APPROXIMATELY • SQUARE • • ROOFTOP ' a • TO AN NONCONFORMING SINGLE—FAMILY DWELLING r AVENUE, a BEACH. CUP 12 -14 B -54 Surfside Avenue - PC Staff Report 6 Planning Commission Staff Report Conditional Use Permit 12 -14 B -54 Surfside Avenue September 5, 2012 r i • T: r A RESOLUTION OF COMMISSION OF OF y APPROVING CONDITIONAL PERMIT , FOR THE ADDITION OF AN APPROXIMATELY SQUARE r ii COVERED ROOF ACCESS STRUCTURE y AN APPROXIMATELY SQUARE i• ROOFTOP PATIO TO AN NONCONFORMING SINGLE- DWELLING AT B-54 SURFSIDE AVENUE, SEAL THE PLANNING COMMISSION OF OF DOES HEREBY AND ! Section 1. On July 11, 2012, Joe and Linda Geleris, ( "the applicants "), submitted an application for Conditional Use Permit 12 -14 with the Department of Community Development. Section 2. The applicant is proposing to add an approximately 142 square foot CRAS and an approximately 620 square foot rooftop patio to a nonconforming single - family dwelling. The property is nonconforming because of substandard setbacks for the detached garage structure. Section 3. Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Conditional Use Permit 12 -14 is categorically exempt from review pursuant to the California Environmental Quality Act - 14 Calif. Code of Regs. § 15301(e)(1) EXISTING FACILITIES; and § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 4. A duly noticed hearing was held before the Planning Commission on September 5, 2012, to consider the application for Conditional Use Permit 12 -14. Section 5. The record of the hearing on September 5, 2012, indicates the following: CUP 12 -14 B -54 Surfside Avenue - PC Staff Report 7 Planning Commission Staff Report Conditional Use Permit 12-14 B-54 Surfside Avenue September 5, 2012 (a) On July 11, 2012, Joe and Linda Geleris, ("the applicants"), submitted an application for Conditional Use Permit 12-14 with the Department of Community Development. (b) Specifically, the applicant is proposing to add an approximately 142 square foot CRAS above the second floor and an approximately 620 square foot rooftop deck to a nonconforming single-family dwelling. The property is nonconforming because of substandard setbacks for the detached garage structure. (C) The subject property is located in the Residential Low Density (RLD-9 - Surfside) zone within the neighborhood generally referred to as the "Surfside Colony". (d) The surrounding land uses and zoning are as follows: SOUTH, EAST, WEST: Single family residences in the Residential Low Density (RLD-9) zone Pacific Coast Highway (e) The subject property is located in a developed, single family residential neighborhood on a relatively flat lot. The proposed addition will not have any adverse impacts to adjacent properties, since the structure is located at least six (6) feet or more from adjacent properties, which complies with Building Code separation requirements, and many of the adjacent properties have a greater overall height than the subject property. The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on CUP 12-14. (g) The Surfside Colony Architectural Review Committee has previously reviewed and approved the proposed plans as submitted. Section 6. Based upon the facts contained in the record, including those stated in Section 5 of this resolution, and pursuant to Section 11.4.40.020 of the City's Code, the Planning Commission hereby finds as follows: (a) Conditional Use Permit 12-14, 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 the proposed addition, subject to approval of a Conditional Use Permit. 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. CUP 12-14 B-54 Surfside Avenue - PC Staff Report 8 Planning Commission Staff Report Conditional Use Permit 12-14 B-54 Surfside Avenue September 5, 2012 (b) The proposed addition, as conditioned, is appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent residences and many of the surrounding residences have a greater overall height than the subject property. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 12-14, subject to the following conditions: Conditional Use Permit 12-14 is approved for an approximately 142 square foot Covered Roof Access Structure and an approximately 620 square foot rooftop patio expansion to an existing, nonconforming single-family dwelling at B-54 Surfside Avenue. 2. All construction shall be in substantial compliance with the submitted plans approved through Conditional Use Permit 12-14. All new construction and setbacks shall comply with all applicable sections of the City's Zoning Code (Title 11 of the SBMC). I Building permits shall be obtained for all construction requiring such permits. 4. Roof pitches and exterior finishes of the proposed addition shall match or approximate existing roof pitches and building finishes. 5. The applicant shall obtain all required approvals from the California Coastal Commission before building permits can be issued. 6. This Conditional 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 Community Development, 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 the 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 Minor Plan Review, 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, CUP 12-14 B-54 Surfside Avenue - PC Staff Report 9 Planning Commission Staff Report Conditional Use Permit 12-14 B-54 Surfside Avenue September 5, 2012 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. 8. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. 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 ABSTAIN: Commissioners 1101,01,19 ON Sandra Massa-Lavitt, Chairwoman Planning Commission Greg Hastings Interim Secretary - Planning Commission CUP 12-14 B-54 Surfside Avenue - PC Staff Report 1 0 Planning Commission Staff Report Conditional Use Permit 12-14 B-54 Surfside Avenue September 5, 2012 ATTACHMENT 2 FaROJUX4 CUP 12-14 B-54 Surfside Avenue - PC Staff Report I I