HomeMy WebLinkAboutItem M Appeal MUP 16-4 Surfside 25 AItem M Appeal (MUP 16 -4 Surfside 25A)
Correspondence received after the
distribution of the Agenda
L E V I T T L A W
A PROFESSIONAL CORPORATION
July 20, 2016
City of Seal Beach
City Council Members
c/o City Clerk
City Hall
211 Eighth Street
Seal Beach, CA 90740
SENT VIA HAND DELIVERY & ELECTRONIC MAIL
RE: Minor Use Permit 16 -4
25 -A Surfside Ave.
Dear Honorable Mayor and City Council Members:
RECEIVED
JUL 2 0 2016
CITY CLERK
OF SEAL BEACH
This office represents Jason Smallwood and Breana Pennington, the owners of 25 -A Surfside
Ave, a beach front home in the community of Surfside Colony, Ltd. We were retained after a
neighbor and their legal counsel submitted letters in opposition of the pending application
and then the neighbor's subsequent appeal of the June 20, 2016, vote in favor of our
application in front of the Planning Commission. Dispelling the inaccuracies of the letters
presented to you, staff, and the Planning Commission is necessary.
I have reviewed the letters from Canzoneri Gotthiem Law, LLP and their client, the owner of
24 A Surfside Avenue. All such 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 ARC approval properly filed its application for the MUP. The
Planning Commission meeting was properly noticed, and a vote occurred at the subsequent
meeting,. on June 20, 2016, resulting in a 4 -1 approval of the proposed MUP. The opposition
filed their timely appeal on June 29, 2016.
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 City
Council, 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 ground- level, finished floor height deck below
will be 10' in depth unscreened (the existing rounded corners will simply be squared, to
match the new deck above) (see attached Exhibit G for picture of applicant's existing, grade -
level deck). 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.
Left with no legitimate argument, the opposition turns to the most used red herring known in
land use, that 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
311 Main Street, Suite 8 • Seal Beach, CA 90740
Phone: 562-493-7548 • Fax: 562-493-7562
www.levittlawea.com • www.ourlegalcounsel.com
include such in their guidelines. Again these items are not considerations under the Seal
Beach municipal code, zoning code, nor under the Surfside Colony's architectural guidelines.
Ironically, the opposition lives in a newly remodeled 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 inferior ambient lighting and views? In fact, the
construction to the opposition's home was adding a third story to the home. Such
construction was completed just in the last few years. It appears that the opposition feels his
180 degree views of the beach and ocean at all height levels, are his, and his alone, and will
stop at nothing to ensure his claim to such (see Exhibit H for picture of applicant's home
between the three -story, three -deck existing homes on either side).
Finally, under the appeal, the appellant states that the Planning Commission was not properly
prepared, and he did not get a fair hearing. Appellant uses this same failed argument in his
original letters to the City, regarding the approval of the deck by the Colony's ARC.
Appellant, is misguided in both these statements. The first, the ARC approval within the
CC &R's of the Colony does not conduct public hearings for approval. Second, ironically,
the Planning Commission actually delayed the vote to a second meeting on this matter, so
that each Commissioner fully had the opportunity to review and study all of the information
presented.
In summary, the project has been approved at the Community governing level, the project
was approved at the Planning Commission level via a 4 -1 vote, and the project meets all
requirements for approval from the City Council at the July 28, 2016 meeting. In addition,
the Seal Beach Planning Department has recommended such approval.
The proposed 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, approximately 85% o of Row A homes,
with second floor decks.
Please contact this office with any questions you might have.
1necO,1
nvp
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"
YM41v t e wLY.!/f u oL (�LCi
P. O. BOX 235 • SURFSIDE, CAlIL/LIIFORNIA 90743
OFFICE (562) 592 -2352 • FAX (562) 592 -2687
www.surfsidecolony.org • surfsidecolony @verizon.net
February 18, 20 L6
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"
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 9074C
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.
Sincerely,
Dave Evans
Board President
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EXHIBIT "D"
Surfside Colony, Ltd.
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"
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1a Quinn
PO Box 276
26A Surfside Avenue
Surfside, CA 90743
562 - 592 -2080
June 7, 2016
Seal Beach Planning Commission
2118' 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
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BUSCEMI • NOONAN & ASSOCIATES
16897 Pacific Coast Highway P.O. Box 369 Sunset Beach, CA 90742
OVER 1 BILLION IN SALES AND OVER 30 YEARS OF EXPERIENCE
June 20, 2016
Re: 25 A Surfside Avenue, Surfside, CA 90743
To whom it may concern:
Our residence is a two -story, beachfront home, on the sand, with a 10' second floor deck on the beach,
we built in 2004. The deck was approved by the Colony and Seal Beach Planning Department.
We are the preeminent Realtors in Surfside, as well as other local beach communities. As Realtors, we
are obligated to inform prospective buyers of local rules, regulations and building scenarios. We want it
to be clear that we, when asked by the buyers of 25 A Surfside Avenue, told the buyers that our home
had a second floor 10' balcony and that the colony rules, regarding the addition of a 10 foot deck, was
allowed for homes that were built on grade, after checking to see if there had been any changes in the
rules, we informed the buyers that there had been no changes and they would only need to draw and
submit their plan to the colony and Seal Beach Planning Department. We also stated that because the
existing rules do allow such a deck on their property, the request to do so, would not be seeking a
variance. Currently, literally 1/3 of the beachfront properties in surfside, have such decks and any
remodel or new home would surely want one as well.
We have reviewed the plans and see no reason that their plans would not be approved. It would be a
travesty, if the owners of 25 A Surfside Avenue, were denied to have a deck, that is in conformity to the
rules and where precedent has been set forth, by so many of their neighbors.
Lastly, as owners, we are extremely aware of the added value such a deck brings to beachfront
properties.
sincerel
Chuck'Bufemi
)VNVW orangecountycoastalrealty.com
To Whom It May Concern,
The owners of 25 A are planning to build a 10 foot deck on their second story with supporting columns.
They are going through the legal process to ensure compliance and gain approval following all rules and
regulations of the Surfside Colony, City of Seal Beach, and all additional necessary channels.
By signing the below, I understand the above and approve of the plans for 25 A.
Date:�l II
Name:
Signature:
U —1111
Address: � ` �`�✓ ' + , L
To Whom It May Concern,
The owners of 25 A are planning to build a 10 foot deck on their second story with supporting columns.
They are going through the legal process to ensure compliance and gain approval following all rules and
regulations of the Surfside Colony, City of Seal Beach, and all additional necessary channels.
By signing the below, I understand the above and approve of the plans for 25 A.
Date: 4
Name;�J=
Signature:
Address
Jo Quinn
PO Box 276
26A Surfside Avenue
Surfside, CA 90743
562 -592 -2080
June 7, 2016
Seal Beach Planning Commission
211 8h 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