HomeMy WebLinkAboutPC Res 12-04 - 2012-03-21 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.
(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.
(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.
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 2f `i day of 4, [.,t , 2012
by the following vote:
AYES: Commissioners L/sNilfri yc1 5f45ar✓/ 6ftf ite/-7 6‘,/gi 4tD /8,4-5:3X-
NOES: Commissioners Commissioners A!Dmr
ABSENT: Commissioners ti:oa^c9
ABSTAIN: Commissioners ii:vmg-
S ndra Massa-Lavitt, Chair
Planning Commission
7ro Olivera, AICP
Acti g Secretary - Planning Commission