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Home My WebLink AboutPC Res 12-03 - 2012-03-07 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. 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. (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 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 74 day of Matti') , 2012 by the following vote: AYES: Commissioners (Aim/n.1(1^S EV (Sor►, Goo( E,�01"441 Gold ber3, �lo,ssa.-Lo,v;ft NOES: Commissioners IUone. ABSENT: Commissioners Mont, ABSTAIN: Commissioners Mon t, G 4 Pi ) . 2 11,( 1 4,11 k;71( 711*(f‘ Sandra Massa-Lavitt, Chairwoman Planning Commission er m livers, AICP tin Secretary - Planning Commission