The URL can be used to link to this page

Home My WebLink AboutPC AG 2013-02-06 #2PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Director of Community Development MEETING DATE: February 5, 2013 SUBJECT: CONSENT CALENDAR ITEM NUMBER 3 A REQUEST FOR A MINOR USE PERMIT (MUP 12- 6) TO ALLOW A 159 SQUARE FOOT, OPEN ROOF DECK ABOVE A SECOND FLOOR IN CONJUNCTION WITH AN EXISTING, NONCONFORMING SINGLE- FANIILY DWELLING, WITHIN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONE. LOCATION: 1608 OCEAN AVENUE APPLICANT: JOHN BEERY, AIA RECOMMENDATION: After consideration by the Planning Commission, staff recommends that the Planning Commission adopt Resolution No. 12 -42, approving Minor Use Permit 12 -6. Planning Commission Staff Report Minor Use Permit 12-6 1608 Ocean Avenue February 6, 2013 ZONE: GENERAL PLAN DESIGNATION: HIGH DENSITY RESIDENTIAL SITE DESCRIPTION: Assessor's Parcel Number: 199-094-05 Lot Area: 2,500 sq. ft. Gross Floor Area: 1,264 sq. ft. Surrounding Properties: North: Single and Multi-family properties in the Residential High Density (RHD-20) zone. South: Single and Multi-family properties in the Residential High Density (RHD-20) zone. East: Single and Multi-family properties in the Residential High Density (RHD-20) zone. West: Single and Multi-family properties in the Residential High Density (RHD-20) zone. LEGAL NOTIFICATION: The legal notice of this project was mailed to 81 property owners and 118 occupants within a 300' radius of the subject property on January 24, 2013, with affidavits of posting on file. ENVIRONMENTAL ASSESSMENT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15301, Existing Facilities; and Section 13505, Minor Alterations in Land Use Limitations of CEQA. Planning Commission Staff Report Minor Use Permit 12-6 1608 Ocean Avenue February 6, 2013 FACTS: • On November 20, 2012, John S. Beery ("the applicant") filed an application with the Community Development Department for Minor Use Permit 12-6, to permit the construction of a 159 square foot, open roof deck above a second floor within an existing, nonconforming single-family property. • The property is nonconforming due to a substandard rear yard setback (4'-0" existing setback where current code requires a 12'-0" setback). • The property is presently developed with a two-story, single-family structure consisting of two bedrooms and two bathrooms with a 2nd floor patio deck. • In March 2011, the property was granted a Variance (VAR 10-3) fora 578 square foot room addition and a 149 square foot deck addition to the existing property, while maintaining the nonconforming rear yard setback. Planning Commission Staff Report Minor Use Permit 12 -6 1608 Ocean Avenue February 6, 2013 As of January 30, 2013, planning staff has received no correspondence in response to the hearing notices that were mailed out and published for the public hearing on January 24, 2013. BACKGROUND: City building permit records for this property are incomplete. Original building permits were unable to be located and the oldest record on file is for the construction of the second floor open patio deck and stairs and dates to 1982. Historic aerial photography shows the existing dwelling structure on the property as early as 1953 and based on the layout and type of construction, original construction likely took place in the 1930's or 1940's. The property was granted a variance in March 2011 for a modest square footage expansion and remodel, as well as a reconfiguration of the front upstairs patio deck. The variance approval has been extended administratively one time; any subsequent extension will require Planning Commission approval. Coastal Commission conceptual plans are pending approval, subject to MUP approval. ANALYSIS: In general, the Zoning Code allows certain types of improvements to nonconforming properties depending on the nature of the improvement and the type of nonconformity. Improvements such as the addition of skylights, photovoltaic (solar) power systems, replacement of windows, decorative exterior improvements, etc. to nonconforming residential properties only require a building permit. Other improvements, such as the addition of unenclosed balconies and porches, roof additions over balconies and porches, interior wall modifications, and open roof decks, require a Minor Use Permit approval by the Planning Commission. The Planning Commission may issue Minor Use Permits for certain uses that are generally non - controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding uses and not interfere with the use and enjoyment of surrounding properties. The subject property is located along the south side of Ocean Avenue, on the eastern end of the Old Town neighborhood. Roof decks are a common feature in Old Town and, depending on actual location and orientation, many of these roof decks enjoy ocean and scenic views. Because of the predominance of small, intensely developed lots in Old Town, roof decks are often the only significant, useable open space or outdoor area on some residential lots. With regard to the subject property, staff believes that the size, location, and orientation of the proposed roof deck is compatible with the existing dwelling; should not create any adverse impacts with the surrounding properties; and will complement the forthcoming renovation and expansion of the property. The adjacent property to the west has an existing roof deck, while -the adjacent property to -the east does not. The floor plans, which were submitted as part of the subject request, do show a slightly different layout on the first floor from the plans that were submitted and approved as part of Planning Commission Staff Report Minor Use Permit 12 -6 1608 Ocean Avenue February 6, 2013 Variance 10 -3. There is, however, no increase in habitable space or relocation of the exterior walls that were approved as part of Variance 10 -3 and staff believes that the floor plan modifications are substantially compliant and in keeping with the spirit of the original variance request. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution recommending approval of MUP 12 -6 to allow a 159 square foot open roof deck within a nonconforming, single - family dwelling in the RHD -20 zone at 1608 Ocean Avenue. Prepared by: ivera, AICP nner — Community Development Attachments: Basham rector of Community Development 1. Resolution No. 12 -42 —A Resolution of the Planning Cornmission of the City of Seal Beach, approving Minor Use Permit 12 -6, to allow a 159 square foot open roof deck above a second floor within an existing, nonconforming single - family property in the Residential High Density (RHD -20) zone at 1608 Ocean Avenue. 2. Project Plans ATTACHMENT 1 RESOLUTION NUMBER 12 -42, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT NO. 12 -6, TO ALLOW A 159 SQUARE FOOT OPEN ROOF DECK ABOVE A SECOND FLOOR WITHIN AN EXISTING, NONCONFORMING SINGLE - FAMILY DWELLING WITHIN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONE AT 1620 OCEAN AVENUE, SEAL BEACH. RESOLUTION NO. 12 -42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 12 -6, TO ALLOW A 159 SQUARE FOOT OPEN ROOF DECK ABOVE A SECOND FLOOR IN CONJUNCTION WITH AN EXISTING, NONCONFORMING SINGLE - FAMILY DWELLING IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONE AT 1608 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On November 20, 2012, John S. Beery ( "the applicant ") filed an application with the Community Development Department for Minor Use Permit 12 -6. The proposed project is to construct a 159 square foot, open roof deck above a second floor within an existing, nonconforming single - family property. The property is nonconforming due to substandard rear yard setback (4' -0" existing setback where current code requires a 12' -0" setback). Section 2. Pursuant to Title 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 -6 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 an uncovered roof deck in conjunction with an existing dwelling. Section 3. A duly noticed public hearing was held before the Planning Commission on February 6, 2013 to consider Minor Use Permit 12 -6. 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) November 20, 2012, the applicant submitted an application to the Community Development Department for Minor Use Permit 12 -6. (b) The applicants are requesting to construct a 159 square foot open roof deck within an existing, nonconforming single - family property. (c) The subject property is rectangular in shape with a lot area of 2,500 square feet. The property is 25-0" wide by 100' -0" deep. (d) The surrounding land uses and zoning are as follows: NORTH, SOUTH, Single and multi - family dwellings located in the EAST, & WEST Residential High Density zone (RHD -20). (f) The Zoning Code allows the requested land use entitlements to nonconforming properties, through the approval of a Minor Use Permit by the Planning Commission. (g) As of January 29, 2013, Planning staff has received no 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 -6. Section 5. Based upon the evidence in the record, including the facts stated in Section 4 of this resolution and pursuant to Section 11.4.40.015.B of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 12 -6, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "High Density Residential" designation for the subject property and permits single and multi- 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 open roof deck, as conditioned, complies with the requirements of the Zoning Code applicable to the existing structures, including height, setbacks, and site coverage. (c) The proposed open roof deck, 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. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 12 -6, subject to the following conditions: Minor Use Permit 12 -6 is approved for the construction of a 159 square foot open roof deck at 1608 Ocean Avenue, Seal Beach. 2. All construction pertaining to the roof deck shall be in substantial compliance with 'the plans submitted for Minor Use Permit 12 -6. All new construction shall comply with all applicable sections of the City's Zoning Code. 3. Building permits shall be obtained for all new construction requiring such permits. 4. 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. 5. 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 day of , 2013 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa - Lavitt, Chairwoman Planning Commission Jim Basham, Secretary Planning Commission ATTACHMENT 2 PROJECT PLANS 25 400i ua= S�p �n�-m OVL06 VD 'wraa pas onuoAv w000 809T NOLUG(lv MIROGON 25 400i Fit 1112 far g. 16u h d dklot fill jag 11 9g; 9999 A im4 4 ....... g Fit 1112 far g. 16u OCEAN AVE OCEAN AVE 25, L F V� of dwell' r,aii of drvell'no. aD l_I,-,-- r 1A 1 E. SEAL NAY E. SEAL NAY Mill om RODGERS AMMON ARCHITECTUkS 1609 Ocm Avenue Seal Beach, CA 94740 OtIL06 VD'qOvOff lugs OnuOAV =00 8091 kow R I n I D 5 11 H a -4 V: 9 NOIJAICIV SIdgDaO kz PEI uO LLIO w 0, v Na, lu tal Goo - - ------ ----------- . .................. . ............ . ..... z z CL J CL LL -g 0 m - ---------------------- 0 E� 0 0 ----------------------- 0 J IL LL m Z CL CL 0 TI, Z 1 Fes' z 0 (D i SIT - - --- - - - - - - - - - tj 0 W06VD'113909 W 8019 S OtlugAv uo=o I 9 'd ril 0 9 11 H 5-W-Y NOLUQGv slagoa0ld 0 �Ll i I R, lj Lull Zi E2 L J, ox ag .1 ul 6 It; e eo (D s e OQQ LLU: F ox ag .1 ul 6 It; e eo (D s e OQQ