HomeMy WebLinkAboutPC AG PKT 2013-08-07 #3PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: August 7, 2013
SUBJECT: CONSENT CALENDAR
ITEM NUMBER
K,
A REQUEST TO CONSTRUCT A COVERED ROOF
ACCESS STRUCTURE TO PROVIDE ACCESS TO
A PROPOSED ROOF DECK. THIS STRUCTURE IS
PROPOSED TO EXCEED THE ALLOWABLE 35' -0"
HEIGHT LIMIT BY 5' -6 ", FOR A TOTAL
STRUCTURE HEIGHT OF 40' -6 ".
LOCATION: B -104 SURFSIDE AVENUE
APPLICANT: The Louie Group
RECOMMENDATION: After consideration by the Planning Commission,
staff recommends that the Planning Commission
adopt Resolution No. 13 -11, approving Minor Use
Permit 13 -4.
Planning Commission Staff Report
Minor Use Permit 13 -3
8 -104 Surfside Avenue
August 7, 2013
ZONE:
RLD -9 (SURFSIDE)
GENERAL PLAN DESIGNATION: HIGH DENSITY RESIDENTIAL
SITE DESCRIPTION:
Assessor's Parcel Number: 178 - 461 -42
Lot Area:
Gross Floor Area:
Surrounding Properties:
North:
South:
East:
West:
LEGAL NOTIFICATION:
875 sq. ft.
Approximately 1,624 sq. ft. (proposed)
Single- family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
Single - family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
Single- family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
Single- family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
The legal notice of this project was published in the Seal Beach Sun Newspaper on July
25, 2013 mailed to 97 property owners and 90 occupants within a 300' radius of the
subject parcel on July 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 15303, New Construction, because the application involves the
construction of one single - family residence, with a covered roof access structure, in a
presently developed residential zone.
Planning Commission Staff Report
Minor Use Permit 13 -3
8 -104 Surfside Avenue
August 7, 2013
LOCATION MAP:
FACTS:
On May 16th, 2013, The Louie Group ( "the applicant ") filed an application with the
Community Development Department for Minor Use Permit 13 -4.
Planning staff deemed the subject application complete on July 10, 2013 and
subsequently placed the item on the Planning Commission agenda for the August 7,
2013 regular meeting.
The proposed project would allow for the construction of a non - habitable architectural
feature in excess of the 35 -foot height limit, in conjunction with the construction of a
new single - family home located within the Surfside Colony. Specifically, the applicant
proposes to construct a 9' -6" by 4' -0" Covered Roof Access Structure (CRAS) that will
exceed the 35 -foot height limit by 5' -6" (7' -0" is the maximum height allowed beyond
the height limit, under a Minor Use Permit).
The subject property is rectangular in shape, with a lot area of 875 square feet. The
subject property is 25-0" wide by 35' -0" deep and is relatively flat.
• The Surfside Colony is a gated, private residential community located south of Pacific
Coast Highway, adjacent to Sunset Beach and Huntington Harbor.
As of July 31, 2013, planning staff has received no correspondence in response to
the hearing notices that were mailed out to all owners and occupants within a 300'
radius of the subject parcel, for the Planning Commission meeting on August 7, 2013.
Planning Commission Staff Report
Minor Use Permit 13 -3
8 -104 Surfside Avenue
August 7, 2013
ANALYSIS:
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 5' -6" beyond the 35 foot height limit, for a total building
height of 40' -6" at the peak of 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.
(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.
(iii) Whether such variation significantly impairs the primary view from any
property located within 300 feet.
(iv) Detailed and complete plans for the proposed work. "
Planning Commission Staff Report
Minor Use Permit 13 -3
8 -104 Sun`side Avenue
August 7, 2013
Architectural Style: Roofing, Location and Size
Pursuant to the preceding findings, the Planning Commission must determine if the
proposal is consistent with the integrity of the neighborhood and if the non - habitable
structure and the construction materials used are compatible with the overall design and
architectural elements of the building.
The proposed CRAS has a plan view footprint of approximately 38 square feet. The
portion of the CRAS that exceeds the 35' -0" height is located flush with the east side roof
deck wall; 13' -0" from the rear wall; 9' -0" from the front deck wall' and 15' -0" from the west
side deck wall. Based on the design and location of the CRAS, as well as the location of
the existing dwellings along the "B" and "C" Row within the Surlside 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. The profile of the CRAS has been designed with
consideration to reducing the visual impact to the neighborhood. It should be noted that
the property to the west of the subject property is presently a one -story structure and the
property to the east of the subject property is a two -story structure. The property
immediately to the north, along the "C" Row, is presently a one -story structure, but the
property owner is also proposing to construct an identical structure to the one being
proposed for the subject property. All of the structures to the south, along the "A" row are
three -story structures.
Staff believes that the design and location of the CRAS, as proposed, meets the intent of
the Code and provides the minimum square footage necessary to enclose the stairway,
based on the design and configuration of the stairway.
CONCLUSION:
After consideration by the Planning Commission, staff recommends that the Planning
Commission adopt the attached Resolution recommending approval of MUP 13 -4, to
construct a Covered Roof Access Structure to exceed the allowable 35' -0" height limit by
5' -6" at B -104 Surlside Avenue.
Prepared by:
ivera, A I C P
nner — Community Development
Attachments:
J10 Basham V
rector of Community Development
1. Resolution No. 13 -11 —A Resolution of the Planning Commission of the City of Seal
Beach, approving Minor Use Permit 13 -4, to construct a Covered Roof Access
Planning Commission Staff Report
Minor Use Permit 13 -3
8 -104 Surfside Avenue
August 7, 2013
Structure to exceed the 35' -0" height limit by 5' -6" at B -104 Surfside Avenue, Seal
Beach
2. Project Plans
ATTACHMENT 1
RESOLUTION NUMBER 13 -11, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING MINOR USE
PERMIT 13-4, FOR THE CONSTRUCTION OF A
COVERED ROOF ACCESS STRUCTURE AT 13-
104 SURFSIDE AVENUE, SEAL BEACH.
RESOLUTION NO. 13 -11
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR USE PERMIT 13 -4, FOR
THE CONSTRUCTION OF A COVERED ROOF
ACCESS STRUCTURE AT B -104 SURFSIDE
AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On May 16, 2013, The Louie Group ( "the applicant ")
submitted an application to the Community Development Department for Minor Use
Permit 13 -4. 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 a 9' -6" by 4' -0" Covered Roof Access Structure (CRAS) to exceed
the height limit by 5-6 "; 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 13 -4 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15303(a) (New
Construction), because the application involves the construction of one single - family
residence, with a Covered Roof Access Structure, in a presently developed residential
zone.
Section 3. A duly noticed public hearing was held before the Planning
Commission on August 7, 2013 to consider Minor Use Permit 13 -4. 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 May 16, 2013, the applicant submitted an application to the
Community Development Department for Minor Use Permit 13 -4.
(b) The applicant is requesting to construct an approximately 9' -6" by
4' -0" CRAS to exceed the height limit by 5' -6" at B -104 Surfside Avenue; 7 feet is the
maximum height variation permitted.
(c) The subject property is rectangular in shape with a lot area of
approximately 875 square feet. The property is 25.0' wide by 35.0' deep.
(d) The surrounding land uses and zoning are as follows:
North: Single - family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
South: Single- family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
East: Single- family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
West: Single- family dwellings within the Residential Low
Density (RLD -9 Surfside) zone.
(f) The proposed CRAS will have roof lines, roofing material, and
siding that is architecturally compatible with proposed new dwelling.
(g) As of July 31, 2013, planning staff has received no correspondence
in response to the hearing notices that were published and mailed out to all owners and
occupants within a 300' radius of the subject property, regarding the application for
MUP 13 -4.
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 13 -4, 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 structure.
(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 13 -4, subject to the following conditions:
Minor Use Permit 13 -4 is approved for the construction of a non - habitable
architectural feature for an approximately 38 square foot Covered Roof Access
Structure (total structural footprint) that is 5' -6" in excess of -the 35 -foot height
limit at B -104 Surfside Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved
through Minor Use Permit 13 -4. 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 Covered Roof Access
Structure.
4. Roof pitches and exterior finishes of the Covered Roof Access Structure shall be
compatible with proposed new 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, notarized, and returned to the
Community Development 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 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 1
RESOLUTION NUMBER 13 -11, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING MINOR USE
PERMIT 13 -4, FOR THE CONSTRUCTION OF A
COVERED ROOF ACCESS STRUCTURE AT 13-
104 SURFSIDE AVENUE, SEAL BEACH.
ATTACHMENT 2
PROJECT PLANS
"^°^^ sus -oa (call
0909-VL99013'Ol3ldNltld
y -
'NI llINN3dVd ON 9 C 3 F C r
b�, a 1132RId'J'd11O�S a a s aQ
., :MOd 3UIS1Nns VOL91V MMMIs38 a3sodoad a
i Y ° �-
oyi
gd 3 �i o J >F 3:
o
_ z j 5 ,•�No� Fl
�_ W 2
J r
ill ,,,—I W J — N N
I $
lLN =dUj o e
q i
r
A- a —
ti
aF °�a
4 �
ttq
BQA�q�¢
s
i
° Naa7 Fn
�55
$ 1, � a
'a
111140 fil
i
°
" M. I r� ipa €1
e� °r�
lag 91. N pa
4 H �a
a § ix` ms
N.,
J
W �
LL
W
e -sv
z
O
4
W
J;
W°
a:
Qe
Kn
z
O
F
Q
W
J
W
W
a
Flo
� Y
I J F-
g a
k �
CL
O
O
LL
F-
LLe�
z
g
a
0
LL
z Lo
.a e
O:
Ue �0
�e
J
Q
CL F
0 �g
LL
z
Q
J o-
O w
O
o LL
- a>
7ev
LL�g
a
O°
Ue
W ..
P1
z
Um
W
N s
m
m
FD
z
O
4
W
J;
W°
a:
Qe
Kn
z
O
F
Q
W
J
W
W
a
Flo
� Y
I J F-
g a
k �
CL
O
O
LL
F-
LLe�
z
g
a
0
LL
z Lo
.a e
O:
Ue �0
�e
J
Q
CL F
0 �g
LL
z
Q
J o-
O w
O
o LL
- a>
7ev
LL�g
a
O°
Ue
W ..
P1
z
Um
W
N s