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FROM:
MEETING DATE:
SUBJECT:
LOCATION:
APPLICANT:
PLANNING COMMISSION
STAFF REPORT
ITEM NUMBER
Planning Commission
Director of Community Development
FEBRUARY 21, 2017
NEW BUSINESS
3
REQUEST FOR A MINOR USE PERMIT (MUP
16 -11) TO PERMIT A COVERED ROOF
ACCESS STRUCTURE TO EXCEED THE
MAXIMUM ROOF HEIGHT BY 4' -6" ON A
PROPOSED SINGLE FAMILY RESIDENCE AT
11 -B SURFSIDE AVENUE.
11 B Surfside Avenue
MARK WHEELER
RECOMMENDATION: After conducting the Public Hearing, staff
recommends that the Planning Commission
adopt Resolution No. 17 -2, APPROVING Minor
Use Permit 16 -11 with Conditions.
GENERAL PLAN DESIGNATION
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Unit Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Minor Use Permit 16 -11
11 B Surfside Avenue
RESIDENTIAL MEDIUM DENSITY
RLD -9 (RESIDENTIAL LOW DENSITY)
178 - 502 -04
1560 sq. ft.
4280 sq. ft.
North: Residential Low Density (RLD -9)
South: Residential Low Density (RLD -9)
East: Residential Low Density (RLD -9)
West: Residential Low Density (RLD -9)
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.) for the construction of covered roof access
structure that exceeds the maximum building height by 4 ft. 6 in. on a proposed single -
family residence.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
February 9, 2017 and mailed to property owners and occupants within a 300' radius of the
subject property on February 9, 2017, with affidavits of publishing and mailing on file.
VICINITY MAP:
ACDIAI MAD-
Page 2 of 4
Minor Use Permit 16 -11
11 B Surfside Avenue
ANALYSIS:
The applicant Mark Wheeler, on behalf of the property owner Kevin Smith, ( "the applicant ")
filed an application with the Community Development Department for Minor Use Permit 16-
11. The subject site is a 1,560 sq. ft. parcel located on the north side of Surfside Avenue
within Surfside Colony, a gated private residential community. The lot was recently
subdivided into two separate parcels and is currently developed with a three story
residence. The existing residence will be demolished in order to construct two new three
story residences; one on each new parcel. The subject site is in the Residential Low
Density (RLD -9) zoning area and is surrounded by residential uses.
The applicant is proposing to construct a three story residence with a roof top deck and a
covered roof access structure which will exceed the maximum roof height by 4 feet 6
inches. The covered access structure will measure 8 feet in height, as measured from the
roof deck level, and is approximately 9 feet in width by 10 feet in length at its longest
points. The applicant proposes a smooth stucco coat on the exterior walls to match the
proposed finishes on the residence.
Seal Beach Municipal Code (SBMC §11.2.05.015.A.6) provides for non - habitable
architectural features, such as spires, towers, cupolas, belfries, monuments, parapets,
domes, and covered access to open roof decks to exceed the height limit established
pursuant to SBMC §11.2.05.015.A.3 (Surfside) up to a maximum of 7 feet, if granted
pursuant to a Minor Use Permit approval.
The height maximum for structures within Surfside Colony is 35 feet. The maximum height
elevation of the proposed covered roof access structure is 4 feet 6 inches beyond the 35
foot height limit, well below the 7 feet maximum projection. The total building height
elevation will be 39 feet 6 inches at the peak of the structure.
The proposal meets all applicable criteria set forth in the Seal Beach Municipal Code
(SBMC §11.2.05.015.A.3 & §11.2.05.015.A.6.c). The covered stairwell will be comprised of
roofing materials consistent with that of the remainder of the roof deck and existing
structure. The location of the covered access is located along peripheral exterior walls of
the structure as required. The structure occupies a minimal proportion of the roof deck and
will only exceed the height requirement by 4 feet 6 inches. It should be noted that other
properties within Surfside Colony exhibit similar covered stairwell features which exceed
the overall height requirement in excess of 4 feet 6 inches. Staff believes that the design
and location of the covered roof access structure, as proposed, meets the intent of the
Code.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt the attached Resolution No. 17 -2 approving MUP 16 -11 to
permit a covered roof access structure to exceed the allowable 35' -0" height limit by 4 feet
6 inches at 11 B Surfside Avenue.
Page 3 of 4
Prepared by:
-Steven Fowler
Assistant Planner
Minor Use Permit 16 -11
11 B Surfside Avenue
C ILanda zo
ting Communi velopment Director
Attachments:
1. Resolution No. 17 -2 —A Resolution of the Planning Commission of the City of Seal Beach, Approving
Minor Use Permit 16 -11, to permit a covered roof access structure to exceed the maximum roof
height limit by 4 feet 6 inches at 11 B Surfside Avenue.
2. Project architectural plans
Page 4 of 4
RESOLUTION NO. 17 -2
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 16 -11 TO PERMIT A COVERED ROOF ACCESS
STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT
BY 4 FEET 6 INCHES AT A PROPOSED SINGLE FAMILY
RESIDENCE AT 11 B SURFSIDE AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. Mark Wheeler, on behalf of property owner Kevin Smith, ( "the
applicant') submitted an application to the Community Development Department for
Minor Use Permit 16 -11. The proposed project would allow for the construction of a
covered roof access structure which is a non - habitable architectural feature in excess of
the 35 -foot height maximum in Surfside Colony in the 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.) for the
construction of covered roof access structure that exceeds the maximum building height
by 4 ft. 6 in. on a proposed single - family residence.
Section 3. A duly noticed public hearing was held before the Planning
Commission on February 21, 2017 to consider Minor Use Permit 16 -11. 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. The applicant submitted an application to the Community
Development Department for Minor Use Permit 16 -11 for a proposed project at 11 B
Surfside Avenue, Seal Beach, California.
B. The applicant is requesting to construct an approximately 9 foot by
10 foot Covered Roof Access to exceed the height limit by 4 feet 6 inches at 11 B
Surfside Avenue; 7 feet is the maximum height variation permitted beyond the height
limit through a Minor Use Permit.
C. The subject property is rectangular in shape with a lot area of
approximately 1,560 square feet. The property is 26 feet wide by 60 feet deep. The site
is surrounded by residential use.
D. The proposed covered roof access structure will have roof lines,
roofing material, and siding that is architecturally compatible with the proposed dwelling.
-1 of 4-
Resolution No. 17-2
11 B Surfside Ave
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:
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 roof access structure will not change the
character of the residence and will be consistent with other properties that have existing
access structures projecting beyond 4 feet 6 inches above the maximum building
height.
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 11.2.05.015.A.3 allows a maximum
projection of 7 feet beyond the height maximum for non - habitable architectural features
subject to approval of a Minor Use Permit. The proposed covered roof access structure
will exceed the height maximum by 4 feet 6 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 to be developed with a three story single family residence with a roof deck.
The proposed covered roof access structure will not add habitable space and will
maintain the 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 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 is proposed 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 proposed structure, with roof pitch, roof materials and
stucco is architecturally compatible with that of the remainder of the structure. The
applicant will use the same finishes and materials as proposed for the new structure.
-2 of 4-
Resolution No. 17-2
11 B Surfside Ave
G. The covered stairwell to the open roof deck is located along the
peripheral exterior wall of the building structure. The proposed structure will appear to
be an integral part of the proposed residence.
H. The covered access structure will exceed the maximum height limit
by only 4 feet 6 inches. Similar structures exist within the Surfside RLD -9 zone that
project beyond 4 feet 6 inches above the 35 foot height maximum. The access structure
is consistent with the character and integrity of the neighborhood. The structure will not
significantly impair the primary view of surrounding properties located within 300 feet as
there are other existing access structures that exceed the 35 foot height maximum.
Section 5. Based on the foregoing, the Planning Commission hereby approves
Minor Use Permit 16 -11, subject to the following conditions:
1. Minor Use Permit 16 -11 is approved for the construction of a non - habitable
architectural feature for a Covered Roof Access Structure that is 4 feet 6 inches in
excess of the 35 -foot height limit at 11 B Surfside Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved through
Minor Use Permit 16 -11. All new construction shall comply with all applicable
sections of the City's Zoning Code.
3. There shall be no habitable space permitted within the Covered Roof Access
Structure.
4. Roof pitches and exterior finishes of the Covered Roof Access Structure shall be
compatible with the proposed roof pitches and exterior finishes.
5. Building permits shall be obtained for all new construction requiring such permits.
6. Applicant shall obtain California Coastal Commission approval prior to building
permit issuance.
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 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,
-3 of 4-
Resolution No.17 -2
11 B Surfside Ave
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 21st day of February, 2017 by the following
vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Crystal Landavazo
Planning Commission Secretary
-4 of 4-
Deb Machen, Chairperson
Planning Commission
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