HomeMy WebLinkAboutCC Res 6671 2016-07-25 RESOLUTION NUMBER 6671
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DENYING THE APPEAL AND 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
tor, THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE AS
FOLLOWS:
Section 1. On April 18, 2016, Jose Ochoa, on behalf of property owner
Jason Smallwood (collectively "applicant") submitted an application to the City of
Seal Beach Department of Community Development 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. Based on substantial evidence in the record of this
proceeding, 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 20, 2016 to consider the application for MUP 16-4. At the
public hearing, the Planning Commission received into the record all comments
and considered all evidence presented, both written and oral, regarding the
subject application. Following the public hearing, the Planning Commission
voted to adopt Planning Commission Resolution 16-10 approving Minor Use
Permit 16-4.
Section 4. The appellant timely appealed the Planning Commission's
decision by submitting an Appeal Application to the City Council on June 29,
2016.
Section 5. A duly noticed public hearing was held before the City
Council on July 25, 2016 to consider the appellant's appeal and the applicant's
application for MUP 16-4. At the public hearing, the City Council received and
considered all evidence presented, both written and oral, regarding the subject
application. All persons present who wished to address the Council regarding
the matter were permitted to do so. Based on substantial evidence in the record
of the hearing, the City Council finds the following facts to be true.
A. On April 18, 2016, the applicant submitted an application to
the Community Development Department for Minor Use Permit 16-4 for a
proposed project at 25A Surfside Avenue, Seal Beach, California.
B. The subject property is rectangular in shape with a lot area
VIEW
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.
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Resolution Number 6671
D. The applicant is requesting to extend the existing deck out
14 Sq. Ft. and construct a new second story balcony at an existing two-story
single family residence.
Section 6. Based upon the facts contained in the record, including
those stated in the preceding Sections of this Resolution and pursuant to Chapter
11.5.20 of the Code of the City of Seal Beach, 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 .rw
construction.
Section 7. Based upon the findings set forth in Section 6 of this
Resolution, the City Council hereby denies the appeal and approves 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 setback and parking at 25-A Surfside Avenue, subject to the
following conditions:
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Resolution Number 6671
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 façade 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
tram 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 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.
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Resolution Number 6671
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of July, 2016 by the following vote:
AYES: Council Members: Massa-Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
,i1.„,,,,, A f _i,/ l'9 tail
t .' . l a Massa-Lavitt, Mayor
ATTEST: ``f �` ,t� ', '`'
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` L C ,c..3 1 � -,u F Robin L. Roberts, Cit Clerk • ., °- ' r � '
City r( G'`^pews' �1 r�.Z.1
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts , City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6671 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 25th day of July , 2016.
®ff,
Robin L. Roberts, City lerk Nil
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