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HomeMy WebLinkAboutPC Res 17-14 - 2017-06-19RESOLUTION NO. 17 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 17-4 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 5 FEET AT AN EXISTING SINGLE FAMILY RESIDENCE AT 34 -B SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Lawrence A. Zero, the property owner ( "the applicant") submitted an application to the Community Development Department for Minor Use Permit 17-4, for approval to construct a covered roof access structure which is a non - habitable architectural feature in excess of the 35 -foot height limit in the Surfside Colony in the Residential Low Density (RLD -9) zoning area. The covered roof access structure will provide a covered access for a stairwell leading to the roof deck. 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 at seq.) to allow a covered roof access structure to exceed the maximum roof height by 5 feet at an existing single family 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 19, 2017 to consider Minor Use Permit 17-4. 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 17-4 for a proposed project at 34 -B Surfside Avenue, Seal Beach, California. B. The applicant is requesting approval to construct a covered roof access structure approximately 10 feet by 4 feet 6 inches in size that would exceed the height limit by 5 feet at 34 -B Surfside Avenue. Under the Municipal Code, 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 1,568 square feet. The property is approximately 25 feet wide by 62 feet deep. The site is surrounded by residential uses. D. The proposed covered roof access structure will have roof lines, roofing material, and siding that is architecturally compatible with the existing dwelling. -1 of 4- Resolution No. 17 -14 Minor Use Permit 17-4 34 8 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 the 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 5 feet above the maximum height. B. The proposed use is allowed within the applicable zoning district with Minor 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 Seal Beach Municipal Code Section 11.2.05.015.A.3 allows a maximum projection of 7 feet beyond the height limit for non - habitable architectural features subject to approval of a Minor Use Permit. The proposed covered roof access structure will exceed the height limit by 5 feet. 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 developed with an existing three -story single family residence containing a roof deck and mezzanine. The proposed covered roof access structure will not add habitable space and with exception of height 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. Roof decks and covered roof access structures are common non - habitable architectural features associated in this zoning district. The property is 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 the number of 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 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 -14 Minor Use Pend 17-4 34 B Sudside 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 existing residence. H. The covered access structure will exceed the maximum height limit by only 5 feet. Similar structures exist within the Surfside RLD-9 zone that project beyond 5 feet above the height limit. 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. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 17-4, subject to the following conditions: 1. Minor Use Permit 17-4 is approved for the construction of a non - habitable architectural feature for a Covered Roof Access Structure that is 5 feet in excess of the 35 -foot height limit at 34 -B Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 17-4. 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 as shown on plans dated April 25, 2017. 5. Building permits shall be obtained for all new construction requiring such permits. 6. The 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, 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 -3 of 4- Resoluhm No. 17 -14 Minor Use Permit 17-4 34 B Surtside Ave 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 19th day of June, 2017 by the following vote: AYES: Commissioners Campbell, Klinger Thomas, Machen Aguilar NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: C tal vaz anning Com Sion Secretary -4 of 4- D:�Chairperson Planning Commission