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Home My WebLink AboutPC Res 23-03 - 2023-03-20r 0 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 23-01 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 5 FEET 6 INCHES AT A PROPOSED SINGLE-FAMILY RESIDENCE AT 50 A SURFSIDE AVENUE. THE PLANNING COMMISSION OF 'BEACH DOES HEREBI Section 1. David Everson Residential Design, on behalf of property owners Jeff and Jaime Lopez, ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 23-01. 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 maximum height in the Surfside Colony in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 3 (New Construction or Conversion of Small Structures) 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 5 feet 6 inches on a proposed single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on March 20, 2023, to consider Minor Use Permit 23-01. 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 23-01 for a proposed project at 50 A Surfside Avenue, Seal Beach, California. B. The applicant is requesting to construct an approximately 9 feet 3 inches by 7 feet 10 inches Covered Roof Access structure that will exceed the height limit by 5 feet 6 inches at 50 A Surfside Avenue. Under the Seal Beach 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 1,169 square feet. The property is approximately 25 feet wide by 44 feet 6 inches deep. The site is surrounded by residential uses. D. The proposed covered roof access structure will have roof lines, roofing material, siding and exterior paint that are architecturally compatible with the proposed dwelling. -1 of 4- Resolution No.23-03 50 A 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 more than 5 feet 6 inches above the maximum 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 35 - foot height limit by 5 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 remain consistent with 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 is proposed 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 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 siding that are 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.23-03 50 A Surfside Ave G. The covered roof access structure 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. As permitted through a Minor Use Permit, the covered access structure would exceed the maximum height limit by 7 feet or less (5 feet 6 inches). Similar structures exist within the Surfside RLD-9 zone that project up to 7 feet above the height limit. The proposed 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 because it only covers a limited portion of the roof top, is located in the B Row with primary views from properties in the B and C Rows being to the south and north, respectively, and the surrounding area has numerous existing covered roof access structures that exceed the 35 -foot height maximum. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 23-01 to allow for the construction of a covered roof access structure which is a non -habitable architectural feature in excess of the 35 -foot maximum height in the Residential Low Density (RLD-9) zoning district of the Surfside Colony, subject to the following conditions: 1 Minor Use Permit 23-01 is approved for the construction of a non -habitable architectural feature for a Covered Roof Access Structure that is 5 feet 6 inches above the 35 -foot height limit at 50 A Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 23-01. 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, -3 of 4- Resolution No.23-03 50 A Surfside Ave 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. 0 • - IITAFTVIUJ�1 "•*=UMI•llu•orgllp•e 0 - AYES: Commissioners Massetti, mingione, Wheeler, Coles, Campbel' NOES: Commissioners ABSENT: Commissioners UAT*-�.A I ATT X I—e xa-' S'm- i t t I e Planning Commission Secretary MR In, ��$ -= a