HomeMy WebLinkAboutPC Res 16-10 - 2016-06-20RESOLUTION 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.
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Resolution No. 16-10
Minor Use Permit 16-4
25 A Surfside 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 11.4.40.015.8 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 Surrside 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 Surfside 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 Klinger, Machen, Cummings, Thomas
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Planning Commission Secretary
Page 4 of 4
Esther Cummings
Chairperson