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Home My WebLink AboutPC Res 15-09 - 2015-07-06 RESOLUTION NO. 15-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-3 TO ALLOW A COVERED ROOF ACCESS STRUCTURE TO EXTEND ABOVE THE MAXIMUM ROOF HEIGHT BY 4 FEET 4 INCHES AS PART OF A NEW SINGLE FAMILY RESIDENCE LOCATED AT 22 C PACIFIC AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Property owner Steven M. Hanna ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 15-3. The proposed project would allow for the construction of a covered roof access structure to extend above the maximum roof height by 4 feet 4 inches as part of a new single family residence located in Surfside, a residential low density (RLD-9) zoning area. Section 2. This project is determined to be a Class 3 (New construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) to allow a covered roof access structure to extend above the maximum roof height by 4 feet 4 inches as part of a new single family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on July 6, 2015 to consider Minor Use Permit 15-3; 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 April 30, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-3. B. The subject property is rectangular in shape with a blot area of approximately 875 square feet. The property is 25 feet wide by 35 feet deep: The site is surrounded by residential uses to the South, East, and West sides, and Military land is on the North side. C. The applicant is requesting to construct an approximately 3 feet 8 inches wide by 12 feet 3 inches deep covered roof access structure to extend above the maximum height limit by 4 feet 4 inches at 22 C Pacific Avenue. D. The proposed covered roof access structure will have roof lines, roofing material, and siding that is architecturally compatible with the new 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: Resolution 15-9 22 C Pacific Avenue 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 infrastructure. The proposed roof access structure will not change the character of the residential area and will be consistent with other properties that have existing access structures projecting beyond the maximum building height. B. The proposed use is allowed within the applicable zoning district with Minor 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 the maximum height limit by 4 feet 4 inches. 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 absence of physical constraints. The subject site is proposed as part of a new three story single family residence and roof deck. The proposed covered roof access structure will not add habitable space and, with exception of height, Will maintain development standards set for the Surfside RLD-9 zone. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible 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 covered roof access structure variation is appropriate for the architectural style of the building and will be conditioned with roof materials and finishes that are architecturally compatible with the new residence. The covered stairwell to the open roof deck is located towards -the peripheral exterior wall of the building structure and a covers the minimum area necessary both vertically and horizontally to enclose the stairwell. G. The covered roof access structure variation will appear as an integral part of the new residence and is appropriate for the character and integrity of the neighborhood. Similar structures already exist in the Surfside Colony area. Page 2 of 4 Resolution 15-9 22 C Pacific Avenue H. The covered roof access structure will extend above the maximum height limit by 4 feet 4 inches and will not significantly impair the primary view from any property located within 300 feet. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 15-3, subject to the following conditions: 1. Minor Use Permit 15-3 is approved for the construction of a non-habitable architectural feature for a Covered Roof Access Structure that extends 4 feet 4 inches in above the 35-foot height limit at 22 C Pacific Avenue. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 15-3. All new construction shall comply with all applicable state and local codes. 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. There shall be no habitable space permitted within the Covered Roof Access Structure. 5. Roof materials and exterior finishes of the covered roof access structure shall be compatible with proposed building. 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. Page 3 of 4 Resolution 15-9 22 C Pacific Avenue PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of July, 2015 by the following vote: AYES: Commissioners Sloan, Cummings, Machen, Campbell NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Sloan Chairperson AT ST: r im Basham lanning Commission Secretary Page 4 of 4