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HomeMy WebLinkAboutItem 3 MUP 16-4 25-A Surfside AvenueTO: FROM: MEETING DATE: SUBJECT: LOCATION: APPLICANT: PLANNING COMMISSION STAFF REPORT ITEM NUMBER Planning Commission Director of Community Development JUNE 20, 2016 NEW BUSINESS 3 REQUEST FOR A MINOR USE PERMIT (MUP 16-4) TO ALLOW THE EXTENSION OF AN EXISTING DECK AND THE CONSTRUCTION OF A SECOND FLOOR BALCONY ON A SINGLE FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO THE FRONT YARD SETBACK AND PARKING AT 25 -A SURFSIDE AVENUE. 25 -A Surfside Avenue JOSE OCHOA RECOMMENDATION: After reviewing the request, staff recommends that the Planning Commission adopt Resolution No. 16 -10, APPROVING Minor Use Permit 16-4 with Conditions. Minor Use Permit 16 -4 25-A Surfside GENERAL PLAN DESIGNATION ZONE: SITE DESCRIPTION: Assessor's Parcel Number: Lot Area: Building Area: Surrounding Properties: ENVIRONMENTAL ASSESSMENT: RESIDENTIAL MEDIUM DENSITY RLD -9 (RESIDENTIAL LOW DENSITY) 178- 491 -28 1274 sq. ft. 1624 sq. ft. North: Residential Low Density (RLD -9) South: Beach East: Residential Low Density (RLD -9) West: Residential Low Density (RLD -9) 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 for the extension of an existing deck and the construction of a second floor balcony on an existing non - conforming residence, which has negligible or no expansion beyond the existing use. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on May 26, 2016 and mailed to property owners and occupants within a 300' radius of the subject property on May 26, 2016, with affidavits of publishing and mailing on file. VICINITY MAP: rw�.T..T= TX.., Page 2 of 4 Minor Use Permit 16 -4 25-A Surfside BACKGROUND: On June 6, 2016 the City of Seal Beach Planning Commission conducted a duly noticed public hearing to consider Minor Use Permit MUP16 -4 for the extension of a first floordeck and the addition of a second story balcony within the Surfside Community. At the hearing the commission received both oral and written evidence in support of and in opposition to the project. The commission had concerns regarding the review and approval of the project by the Surfside Colony Architectural Review Committee. The applicant has submitted with this application the approval from the Architectural Review Committee (See Attachment 3) for the commissions review. The Planning Commission upheld a motion to continue the item to the June 20, 2106 meeting so the commissioners could review all material presented, examine the plans approved by the Surfside Architectural Review Committee and visit the subject site. ANALYSIS: Jose Ochoa ( "the applicant') on behalf of Jason Smallwood, the property owner, filed a Minor Use Permit application with the Community Development Department requesting approval to allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setback and parking in the Residential Low Density (RLD -9) zoning area. The subject site is a 1,274 sq. ft. parcel located on the southside of Surfside Avenue, known as "A" Row, within Surfside Colony. The parcel is developed with a two story residence and single car garage. The subject site is surrounded by residential uses to the North, East, and West with a beach to the South. The subject property is nonconforming due to the front yard setback and parking. According to Table 11.2.05.015.A.1 of the Seal Beach Municipal Code, front yard setbacks in Surfside on properties located along "A" Row are required to maintain a 4 foot front yard setback. The current setback is approximately 1 foot at its closest point. Table 11.4.20.015.A.1 of the Seal Beach Municipal Code states, Single -Unit Dwellings in the RLD -9 zone are required to provide 2 off - street parking spaces per dwelling unit. The site is developed with one dwelling unit and a single -car garage which makes the site deficient 1 parking space. The applicant proposes to add a 191 square foot second floor balcony and a 14 square foot extension to the first floor deck on the south side of the existing two -story single family residence. The proposed materials will complement the existing exterior finishes which are comprised of shack wood siding, vertical siding and stucco. The balcony will have a glass rail with brushed steel railing and acrylic cladding covering the balcony support posts. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements to nonconforming single family residences which include the addition of unenclosed balconies and decks. The applicant proposes to add a second floor balcony and extend the existing first floor deck. The proposed improvements to the residence will conform to the provisions of SBMC § 11.4.40.015.B. Page 3 of 4 Minor Use Permit 16 -4 25-A Surfside CONCLUSION: After reviewing the request, staff recommends that the Planning Commission adopt the attached Resolution No. 16 -10 approving MUP 16-4 allow the extension of an existing deck and the construction of a second floor balcon a single family residence that is nonconforming due to the front yard setback an par ing in the Residential Low Density (RLD -9) zoning area at 25 -A Surfside Avenue. Prepared by: Steve Fowler Assistant Planner of Community Development Attachments: 1. Resolution No. 16 -10 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 16 -4, allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setback and parking at 25 A Surfside Avenue. 2, Project Architectural Plans 3. Applicant Letter, including Surfside Architectural Review Committee Approval Page 4 of 4 RESOLUTION NO. 16 -10 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING A MINOR USE PERMIT (MUP 16 -4) TO ALLOW THE EXTENSION OF AN EXISTING DECK AND THE CONSTRUCTION OF A SECOND FLOOR BALCONY ON A SINGLE FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO THE FRONT YARD SETBACKS AND PARKING AT 25 -A SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Jose Ochoa, on behalf of property owner Jason Smallwood (collectively "applicant'), submitted an application to the Community Development Department for Minor Use Permit 16 -4 to allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setbacks and parking at 25 -A Surfside Avenue (the "subject property "), which is located in the Residential Low Density (RLD -9) zone. 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 for the extension of an existing deck and the construction of a second floor balcony on an existing non - conforming residence, which has negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on June 6, 2016 to consider Minor Use Permit 16 -4, and then continued to June 20, 2016 to allow further public testimony and deliberations by the Planning Commission. Section 4. A duly noticed continued public hearing was held before the Planning Commission on June 20, 2016 to further consider Minor Use Permit 16 -4. At the continued public hearing, the Planning Commission received into the record additional evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted a minor use permit application to the Community Development Department for approval of Minor Use Permit (MUP 16 -4) to allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming. B. The subject property is rectangular in shape with a lot area of approximately 1,274 square feet. The property is approximately 26 feet wide by 49 feet 4 inches deep. The site is surrounded by residential uses to the North, West and East sides, the beach is on the South side. C. The proposed balcony will be architecturally compatible with the existing dwelling. Page 1 of 4 Resolution No. 16 -10 Minor Use Permit 16 -4 25 A Surrside Ave Section 5. 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 Surfside Colony is to be compatible with the physical characteristics of its site, surrounding land uses, and available infrastructure. The proposed balcony and deck extension will not change the character of the residence and will be consistent with other properties that have existing balconies on the beach side of the structures. 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 11.4.40.015.B allows for minor improvements with approval of a Minor Use Permit, including construction of a balcony and deck extension. Decks and balconies considered to be accessory residential uses that are consistent with single family development in the RLD -9 zone, particularly in Surfside Colony. 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 currently developed with a two story single family residence. The proposed balcony and deck extension will not add habitable space and 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 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. Balconies and decks 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 balcony and deck extension 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 residence; the proposed glass railing for the balcony is architecturally compatible with the residence's existing exterior. The applicant will use the same finishes and materials used for the existing exterior to patch any areas damaged during construction. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 16 -4 to allow the extension of an existing deck and the construction of Page 2 of 4 Resolution No. 16-10 Minor Use Permit 16 -4 25 A Surtside Ave a second floor balcony on a single family residence that is nonconforming due to the front yard setback and parking at 25 -A Surfside Avenue, subject to the following conditions: 1. Minor Use Permit 16 -4 is approved for the construction of a non - habitable architectural feature for the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setbacks and parking at 25 -A Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 16 -4 date - stamped April 18, 2016. 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. The area of the deck extension and the second floor balcony, upon completion, shall not be used as habitable space for the residence. 5. 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. 6. All repairs or patches to the existing residential fagade must be completed using colors, materials, and finishes that match the existing residential exterior. 7. All conditions of this approval shall be complied with prior to issuance of Planning Division's final approval for building permits. 8. Applicant is required to provide approval from the California Coastal Commission prior to submittal of plans for Building and Safety plan check. No building permit shall be issued unless the Applicant has provided a copy of the California Coastal Commission approval for the project to the City. 9. Prior to submittal of plans for Building and Safety plan check, Applicant is required to provide the following approvals to the City from the Surfside Colony: (a) Surfside Colony lease for use of Surfside Colony owned land; (b) excavation deposit release from Surfside Colony; and (c) street security deposit release from Surfside Colony. No building permit shall be issued until proof of compliance with this condition. 10. The applicant/property owner must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) 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 Minor Use Permit, 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 Page 3 of 4 Resolution No. 16 -10 Minor Use Permit 16-4 25 A Suriside Ave 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 June 20, 2016 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Jim Basham Planning Commission Secretary Page 4 of 4 Esther Cummings Chairperson VI � �IrVaMpJi _ 61946 vDiwims o 3nNgAy 301S3tlns V SZ O ANOOIVB ONV X030 E, Q 30N341S38 OOOMlIms n d § a I � & i °o 2R9 N = a u 49 0 fy 4z°E I e$gsa 'boa= ° �WOo uuu t£ W o t =d > J a zl O I zmmamoi,CIS ` o O a U a gnYi p0. --I O U.H sx9 g'�y ax�a¢y Q 6 6 Hi I W w z Uz w < z w W� o o O w I 9T @@p HHU 4 Q O y- 8M -IN gc e o €q 0 3 �&'°�M, 4 o w < d °OZO N ® bo�.T.. �o fig@ c ooT"E" E$yag4 °po<ob O o'G "° 3:o f -o °_o °` °q.S. oG? 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We were retained after a neighbor and their legal counsel submitted letters in opposition of the pending application. Dispelling the inaccuracies of those letters is necessary. As you will recall, at the last meeting, most of you were presented with information very late in the process, and were only able to hear from the applicant and from the opposition letters and the neighbor who submitted such letters. Since that meeting, the City has been able to provide additional information which will make voting to approve the application easier, in that the true facts will have been presented and time allowed for review. I have reviewed the letters from Canzoneri Gotthiem Law, LLP and their client, the owner of 24 A Surfside Avenue. Both letters contain information that is presented as fact, but is quite the opposite. The letters are misleading and misrepresent the project itself, the approval process, and the course of events which have transpired. To start at the beginning, the architectural review committee of Surfside Colony, Ltd., (the "ARC") received the blueprints for the proposed deck at the beginning of the year. The ARC met, reviewed, approved, and stamped the plans as such. The initial approval letter, subsequent verification letter of approval, and copy of the stamped plans are attached hereto as Exhibits A, B, and C, respectively. The applicant, upon receiving approval properly filed its application for the MUP. The Planning Commission meeting was properly noticed, and a vote at the June 20, 2016 meeting, will be a valid vote as the prior noticed meeting has been continued to this evening. 311 Main Street, Suite 8 • Seal Beach, CA 90740 Phone: 562-493-7548 • Fax: 562-493-7562 www.levittlawea.com • www.ourlegalcounsel.com In the letters sent by the owners of 24 A Surfside Avenue, and their legal counsel, they state the deck would be in possible violation of CEQA, and possibly coastal commission statutes. Nothing could be further from the truth. The addition of a deck to a single family residence is not subject CEQA. In fact, the construction of an entire single family residence in an area of an established community, zoned residential is not subject to CEQA, or said another way is simply exempt from CEQA studies, requirements, and approvals. In terms of California Coastal Commission approval, the applicant separately will have to make such application, as every construction project along the coast does if such scope of construction work rises to that level. Furthermore, statements that the deck is out of step with the community feel, is not only a misrepresentation of the community's character, but also outside of the purview of the Planning Commission, in that the community is a private community, with a well regulated and well run owners association, with its own Architectural Review Committee and standards, and the applicant has completed that approval process. For edification, out of the total 110 homes located on the "A Row" in the community, 33 have ten -foot in depth, second floor roof decks. Attached as Exhibits D and E are a list of all A row homes with ten -foot second story decks, and pictures of some of those homes. Additionally attached, as Exhibit F, is a letter from the next -door neighbor in support of the deck construction. Continuing, the opposition states that the deck is in violation of the Community's architectural standards, and that "pilings" would be placed on the "public" sand to support the deck. In fact, under Surfside Colony's architectural and development guidelines, "A Row" decks, "10' in depth if unroofed" are permitted as long as the deck below is also unscreened if 10' in depth. To cite the CC &R's themselves: A strip of land 10' in depth, the width of the house and extending from the front of the A -Row property line onto the beach, may with Surfside Colony prior approval be used solely for the construction of an unroofed deck to be attached to the Residence. The applicant is building precisely what is described. In the application before you, the new deck will be 10' in depth, unroofed, and the deck below will be 10' in depth unscreened (the rounded corners will simply be squared, to match the new deck above). Furthermore, the new deck will be supported by two architecturally pleasing posts resting on the deck below, not put into the "public beach" as the opposition would have you believe. Finally, the opposition turns to the most used red herring known in land use, the applicant's project will cast "shadows" and "obstruct views ". These arguments possibly could stand up in private communities where the architectural guidelines include view preservation. Unfortunately for the opposition, this community does not include such in their guidelines. The opposition lives in a three story home, casting shadows on the applicant's much smaller two -story residence, and would have you believe that the opposition is the one who will have 311 Main Street, Suite 8 • Seal Beach, CA 90740 Phone: 562-493-7548 • Fax: 562-493-7562 www.levittlawea.com • www.ourlegalcounsel.com inferior ambient lighting and views? Again these items are not considerations under the Seal Beach municipal code nor under the Surfside Colony's architectural guidelines. In summary, the project has been approved at the Community governing level, the project meets all requirements for approval tonight from the Planning Commission. And the Seal Beach planning department has recommended such approval. The deck will fit in exactly as the community was designed, to allow expression and freedom in design in the beach front community, especially with this Cape Cod style home on the sand which will blend in with so many of the others on the Row. This will just be one more home approved, along with the other 33% of Row A homes, with second floor decks. Please contact this office with any questions you might have. Sincer ely Scott L. Levitt, Esq. 311 Main Street, Suite 8 • Seal Beach, CA 90740 Phone: 562-493 -7548 • Fax: 562-493-7562 www.levittlawea.com • www.ourlegalcounsel.com EXHIBIT "A" 4V1 V l/26 j YA/ P. O. BOX 235 • SURFSIDE, CALIFORNIA 90743 OFFICE (562) 592 -2352 • FAX (562) 592 -2687 www.surfsidecolony.org • surfsidecolony @verizon.net February 18, 2016 Planning Department City of Seal Beach City Hall 211 Eighth Street Seal Beach, CA 90740 Re: 25 A To Whom It May Concern: The Architectural Review Board of Surfside Colony, Ltd. has reviewed the attached set of plans (4 sheets) and has issued their conditional approval. Please be advised that applicant needs to submit a construction application and deposit. Thank you, Architectural Review Board EXHIBIT "B" Y&04 V-6 F?5� Yk/ P. O. BOX 235 • SURFSIDE, CALIFORNIA 90743 OFFICE (562) 592 -2352 • FAX (562) 592 -2687 www.surfsidecolony.org • surfsidecolony @verizon.net June 9, 2016 City of Seal Beach Planning Commission 211 Eighth Street Seal Beach, CA 90740 Re: 25 A - Plan Approval To Whom It May Concern: Please be advised that the Surfside Colony Architectural Review Board has reviewed and approved the plans submitted to construct a second Floor 10' primary deck and two supporting columns at the above referenced property. Those plans comply with the Architectural Guidelines which are a part of the rules and regulations of Surfside Colony. 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Row A - Addresses of Existing Homes with 10' Deep Second Story Decks 10- Jun -16 2 A Surfside Ave. 3 A Surfside Ave. 5 A Surfside Ave. 8 A Surfside Ave. 15 A Surfside Ave. 45 A Surfside Ave. 55 A Surfside Ave. 59 A Surfside Ave. 61 A Surfside Ave. 67 A Surfside Ave. 69 A Surfside Ave. 70 A Surfside Ave. 71 A Surfside Ave. 76 A Surfside Ave. 77 A Surfside Ave. 78 A Surfside Ave. 86 A Surfside Ave. 87 A Surfside Ave. 88 A Surfside Ave. 95 A Surfside Ave. 96 A Surfside Ave. 98 A Surfside Ave. 100 A Surfside Ave. 103 A Surfside Ave. 105 A Surfside Ave. 106 A Surfside Ave. 107 A Surfside Ave. 110 A Surfside Ave. 114 A Surfside Ave. 116 A Surfside Ave. 118 A Surfside Ave. EXHIBIT "E" , a 77 "1 „t lk". ti jr k� .y �, �. �.• !3 �j Y,d 1 r i e*Yh�^•r.r- "7�? Y ,�`f� ,, �'I . a p�y„�a: ,,y d• 7A s z v ,,, � J � h ter. `.*� _ '� �..�. "'3 « �,%u•t �'�t ,�u°.�`'! 4�" ^c I � v � l Ik MOW I Zi7�' I Nzl �•�- y.ir;l'r. kny�h3+ S `�- a°a'.ka., 7. .,.�1 i- •°*i)r`' zips, `4- .1.e•a'�M ...,; -u .... .v x'"7P.fs :r'��`,,'.tix :�, i. f.a. .. gm �p�d'�r.. i { p T 1ti 1 n j�`•�` , pyF .� Y F, I 11, Fell�l -- �`'.R ?.f.✓,* -,� J� "`'� '�K1 „ =741 ��F' g /�j��� ♦ I � I Nf EXHIBIT "F" Jo Quinn PO Box 276 26A Surfside Avenue Surfside, CA 90743 562- 592 -2080 June 7, 2016 Seal Beach Planning Commission 211 8 °i Street Seal Beach, California 90740 RE: Smallwood - 25A Surfside Ave. Surfside Request for approval of deck extension . As the owner of the home directly next door to Bre and Jason Smallwood I am writing to state my approval of their proposed deck expansion. It is my understanding that the Surfside Architectural Committee has approved the detailed plans and as such they are in compliance with the deck lease and related rules and regulations. Therefore there should be no issues as to their rights to complete their new deck. Thank you, Jo Quinn