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HomeMy WebLinkAboutPC Res 15-01 - 2015-01-20RESOLUTION NO. 15 -1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 14 -2 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 2 FEET AT AN EXISTING SINGLE FAMILY RESIDENCE AT 103 -A SURFSIDE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Property owner David T. Chamberlain ( "the applicant') submitted an application to the Community Development Department for Minor Use Permit 14 -2. The proposed project would allow for the construction of a non - habitable architectural feature in excess of the 35 -foot height limit. Section 2. This project is determined to be a Class 1 (existing facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) to allow a covered roof access structure to exceed the maximum roof height by 2 feet at an existing single family residence which has negligible or no expansion byond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on January 20, 2015 to consider Minor Use Permit 14 -2. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. On October 17, 2014, the applicant submitted an application to the Community Development Department for Minor Use Permit 14 -2. B. The applicant is requesting to construct an approximately 15 feet 5 inches by 4 feet 6 inches Covered Roof Access to exceed the height limit by 2 feet at 103 -A Surfside Avenue; 7 feet is the maximum height variation permitted beyond the height limit through a Minor Use Permit. C. The subject property is rectangular in shape with a lot area of approximately 1,694 square feet. The property is 19 feet wide by 66 feet 6 inches deep. The site is surrounded by residential uses to the North, West and East sides, the beach is on the South side. D. The proposed covered roof access structure will have roof lines, roofing material, and siding that is architecturally compatible with the existing dwelling. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed structural alterations are consistent with the General Plan. The General Plan specifies that redevelopment in the Surfside Colony is to be compatible with the physical characteristics of its site, surrounding land uses, and available -1 of 3- Resolution No. 15-1 Minor Use Permit 142 103 A Surfside Ave infrastructure. The proposed roof access structure will not change the character of the residence and will be consistent with other properties that have existing access structures projecting beyond 2 feet above the maximum height. B. 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. The subject site is located within the Surfside RLD -9 zone, an area where the Seal Beach Municipal Code Section 11.2.05.015.A.3 allows a maximum projection of 7 feet beyond the height limit for non - habitable architectural features subject to approval of a Minor Use Permit. The proposed covered roof access structure will exceed height limit by 2 feet. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absense of physical constraints. The subject site is currently developed with a three story single family residence with a roof deck. The proposed covered roof access structure will not add habitable space and with exception of height will remain within development standards within the Surfside RLD -9 zone. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be comptabible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the Surfside RLD -9 zone, which consists of properties developed as single family residences. Roof decks and covered roof access structures are common non - habitable architectural features associated in this zoning district. The property will continue to be used as a single family residence which is consistent with the surrounding area. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed covered roof access structure will not increase bedrooms or habitable space to the residence. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. F. The proposed non - habitable architectural feature, as conditioned, is architecturally consistent with the existing structure, with roof pitch, roof materials and siding is architecturally compatible with that of the remainder of the structure. The applicant will use the same finishes and materials as used for the existing structure. G. The covered stairwell to the open roof deck is located along the peripheral exterior wall of the building structure. The proposed structure will appear to be an integral part of the existing residence. H. The covered access structure will exceed the maximum height limit by only 2 feet. Similar structures exist within the Surfside RLD -9 zone that project beyond 2 feet above the height limit. The access structure is consistent with the character and integrity of the neighborhood. The structure will not significantly impair the primary view of surrounding properties located within 300 feet. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 14 -2, subject to the following conditions: -2 of 3- Resolution No. 15-1 Minor Use Permit 14 -2 103 A Surfside Ave 1. Minor Use Permit 14 -2 is approved for the construction of a non - habitable architectural feature for a Covered Roof Access Structure that is 2 feet in excess of the 35 -foot height limit at 103 -A Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 14 -2. 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 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, 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 20th day of January, 2015 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners