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HomeMy WebLinkAboutPacket_2024_02_20CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 20 February 2024 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Ben Wong District 3 — Richard Coles – Vice Chair District 4 — Patty Campbell – Chair District 5 — Margo Wheeler Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Samuel Funes, Assistant Planner Amy Greyson, Senior Assistant City Attorney •City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed noon to 1:00 p.m. •The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk' s Office at least 48 hours in advance of the meeting at (562) 431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR A.Approval of the January 16, 2024 Planning Commission Minutes. CONTINUED ITEMS SCHEDULED MATTERS B.Reorganization of the Planning Commission – Election of a new Chairperson and Vice Chairperson for 2024 NEW BUSINESS PUBLIC HEARINGS C.Minor Use Permit (MUP 23-8) 93 B Surfside Avenue Applicant: Edward Gulian Request: For Minor Use Permit (MUP 23-8) to permit a covered roof access structure to exceed the maximum roof height by 3 feet on a new single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-01, APPROVING Minor Use Permit 23-8 with Conditions and find the project EXEMPT from CEQA. D.Minor Use Permit (MUP 23-7) 213 3rd Street Applicant: Ron Hoover Request: For a Minor Use Permit (MUP 23-7) to allow the construction of a one-car garage with an open roof deck on an existing residential property that is nonconforming due to setbacks located in the Residential High Density (RHD-20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-02, APPROVING Minor Use Permit 23-7 with Conditions and find the project EXEMPT from CEQA. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, March 4, 2024 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:February 20, 2024 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the January 16, 2024 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on January 16, 2024 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. January 16, 2024 Planning Commission Minutes 8 6 2 8 City of Seal Beach – Regular Meeting of the Planning Commission January 16, 2024 Chair Campbell called the Planning Commission meeting to order at 7:00 p.m. Commissioner Wheeler led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Massetti, Wheeler, Coles Absent: None Staff Present: Amy Greyson, Senior Assistant City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner Samuel Funes, Assistant Planner Gloria D. Harper, City Clerk PUBLIC COMMUNICATIONS Chair Campbell opened public communications. Speakers: None. Chair Campbell closed public communications. City Clerk Harper announced that seven (7) emailed comments were received after posting the agenda. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. Director Smittle noted amendments to the minutes for the December 18, 2023, meeting. Motion by Commissioner Wheeler, second by Vice Chair Coles to approve the agenda with amendments noted by Director Smittle. AYES: Campbell, Mingione, Massetti, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the December 18, 2023, Planning Commission Minutes 8 6 2 8 Motion by Vice Chair Coles, second by Commissioner Wheeler to approve the consent calendar as amended. AYES: Mingione, Massetti, Wheeler, Coles, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried. PUBLIC HEARING - None CONTINUED ITEM(S) - None SCHEDULED MATTERS - None NEW BUSINESS B. Conditional Use Permit 23-5(H) 1 Anderson Street Applicant: Gregg and Mary DeNicola Request: For a Conditional Use Permit (CUP 23-5(H)) to allow the operation of a hotel use within an existing nonconforming residential structure in the General Commercial (GC) zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-01, APPROVING Conditional Use Permit 23-5(H) with Conditions and find the project EXEMPT from CEQA. Associate Planner Cuevas provided a comprehensive staff report. Commissioner’s questions were addressed. Chair Campbell opened the public hearing. Speakers: Applicant: Gregg and Mary DeNicola and Property Manager Brandon Fuller, Owner of Tower 17 Properties. Chair Campbell closed the public hearing. Motion by Vice Chair Coles, second by Commissioner Wheeler, that the Planning Commission adopt Resolution No. 24-01, APPROVING Conditional Use Permit 23-5(H) with Conditions and find the project EXEMPT from CEQA. AYES: Mingione, Massetti, Wheeler, Coles, Campbell NOES: Noe ABSENT: None ABSTAIN: None Motion Carried 8 6 2 8 Senior Assistant City Attorney Greyson noted that there is a 10-day appeal period that starts January 17, 2024. COMMISSION CONCERNS – There were no commission concerns. DIRECTOR’S REPORT – Director Smittle also announced that tonight’s meeting would be the last meeting for Associate Planner Marco Cuevas, Jr., who has accepted a position with the City of Huntington Beach and his last day with the City of Seal Beach will be Thursday, January 18, 2024. She thanked Mr. Cuevas for his dedicated service to the community and the team and wished him success in his future endeavors. Director Smittle also announced that tonight’s meeting would be the last meeting for Commissioner Massetti and thanked him for his time and service to the community and the Planning Commission. ADJOURNMENT Chair Campbell adjourned the Planning Commission meeting at 7:51 p.m. to Monday, February 5, 2024, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Patricia Campbell, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 1 7 2 8 PLANNING COMMISSION STAFF REPORT DATE:February 20, 2024 TO:Planning Commission THRU:Alexa Smittle, Community Development Director FROM:Samuel Funes, Assistant Planner SUBJECT:Request for Minor Use Permit (MUP 23-8) to permit a covered roof access structure to exceed the maximum roof height by 3 feet on a new single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zone. LOCATION:93 B Surfside Avenue APPLICANT:Ed Gullian on behalf of David and Dolores Svigals RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-01, APPROVING Minor Use Permit 23-8 with Conditions and find the project exempt from CEQA. GENERAL PLAN DESIGNATION: Residential Low Density ZONE:RLD-9 (Residential Low Density) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 178-461-31 LOT AREA: 1,025 SQ. FT. GROSS FLOOR AREA: 2,657 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL LOW DENSITY (RLD-9) SOUTH: BEACH (BEA) EAST: RESIDENTIAL LOW DENSITY (RLD-9) 1 7 2 8 WEST: RESIDENTIAL LOW DENSITY (RLD-9) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (New Construction 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 a project that is associated with the new construction of a single-family residence. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday February 8, 2024 and mailed to property owners and occupants within a 300- foot radius of the subject property on February 5, 2024, with affidavits of publishing and mailing on file. ANALYSIS The applicant, Ed Gulian, on behalf of the property owners, David and Dolores Svigals, is proposing to demolish an existing one-story residence on a 1,025-square-foot parcel within Surfside Colony to construct a three-story, single-family residence in its place. The property is located in the Residential Low Density (RLD-9) zone, and is surrounded by residential uses. This request by itself only requires administrative review by staff, which is being done concurrently with this MUP application. However, as the request entails adding a covered roof access structure to the rooftop deck that will exceed the maximum roof height (35 feet) by 3 feet, an MUP must also be reviewed and approved by the Planning Commission for that height deviation. In order to grant approval of a Minor Use Permit, Seal Beach Municipal Code (SBMC) Section 11.5.20.020 provides that the Planning Commission must make all of the following findings: 1. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 2. 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; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; 1 7 2 8 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. SBMC Section 11.2.05.015.A.6 (Residential Development Standards - Surfside) provides that within the Surfside Colony, non-habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets, domes, and covered access to open roof decks may exceed the height limit up to a maximum of seven feet, if granted pursuant to a Minor Use Permit approval. The total building height elevation will be 38 feet at the peak of the structure. With the exception of the covered roof access structure, the highest building height is 35 feet, meeting Zoning Code standards. As measured from the roof deck level, the covered roof access structure measures 10 feet 1 inch in height and is approximately 10 feet in length by 7 feet 6 inches in width. The covered roof access structure is kept to a minimum size per code requirements and measures approximately 75 square feet, and will include a covered stairwell area. The roof access structure is constructed along the south peripheral wall of the roof top area, and will include architectural features consistent with the design of the new residence. The covered stairwell will be comprised of roofing materials consistent with the remainder of the roof deck and proposed new structure. Furthermore, the proposed structure is consistent with the character and integrity of the neighborhood as the surrounding area has numerous existing covered roof access structures that also obtained Minor Use Permit approvals to exceed the 35-foot height maximum. Lastly, the structure will not significantly impair the primary view of surrounding properties located within 300 feet because it only exceeds 3 feet above the 35 feet developmental height maximum. The proposed home is located in the B Row, which is the middle row of houses in Surfside. Primary views from the properties in A Row face toward the ocean, away from B Row. Primary views for C Row faces to the north, also away from B Row. Staff believes that the Planning Commission may make the findings necessary to grant approval of MUP 23-8. The design and location of the covered roof access structure, as proposed, meet the standards set forth in the Seal Beach Municipal Code, and is similar in size to previous Minor Use Permit approvals related to covered roof access structures. The Surfside Colony Architectural Review Board has reviewed and approved the addition and remodel. The proposal meets all applicable criteria set forth in the SBMC Sections 11.2.05.015.A.3 (Surfside Building Height Limit) and Section 11.2.05.015.A.6.c (Considerations of a minor use permit - Surfside). CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 24-01 approving MUP 23-8 to 1 7 2 8 permit a covered roof access structure to exceed the allowable 35-foot height limit by 3 feet at 93 B Surfside Avenue, and find the project exempt from CEQA. Prepared by: Samuel Funes Alexa Smittle Samuel Funes Alexa Smittle Assistant Planner Community Development Director Attachments: 1. Resolution No. 24-01 2. Vicinity Maps 3. Aerial Map 4. Architectural Drawings -1 of 4- RESOLUTION NO. 24-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT (MUP) 23-8 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 3 FEET AT A PROPOSED SINGLE-FAMILY RESIDENCE AT 93 B SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Gulian Design Architects, on behalf of property owners David and Dolores Svigals, (“the applicant”) submitted an application to the Community Development Department for MUP 23-08. 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 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 3 feet as part of the construction of a new single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on February 20, 2024, to consider MUP 23-08. 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 Concept Review 23-34 for the demolition of an existing one- story single-family residence and for the construction of a three-story single-family residence at 93 B Surfside Avenue. This is an administrative review that is pending the approval of MUP 23-08 for variation to the height standard in Surfside by a non-habitable architectural feature. B. The applicant submitted a concurrent application to the Community Development Department for MUP 23-08 to authorize the roof access structure to exceed the required height standard by 3 feet. C. The applicant is requesting to construct an approximately 10 feet by 7 feet 6 inches Covered Roof Access structure that will exceed the height limit by 3 feet at 93 B 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. Resolution No.24-01 93 B Surfside Ave -2 of 4- 8 7 5 7 D. The subject property is rectangular in shape with a lot area of approximately 1,025 square feet. The property is approximately 25 feet wide by 43 feet deep. The site is surrounded by residential uses. E. The proposed covered roof access structure will have roof lines, roofing material, siding and exterior paint that are architecturally compatible with the proposed dwelling. 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 3 feet above the maximum height. B. The proposed use is allowed within the Residential Low Density-9 (RLD-9) 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 colony, an area where the Seal Beach Municipal Code Section 11.2.05.015.A.6 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 feet maximum height projections by 3 feet while staying 4 feet below the 42-foot MUP allowed maximum. 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. Roof decks and covered roof access structures are common non-habitable architectural features associated in this RLD-9 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, habitable or storage 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. Resolution No.24-01 93 B Surfside Ave -3 of 4- 8 7 5 7 F. The proposed non-habitable architectural feature is appropriate for the architectural style of the building. The proposed structure, including the roof pitch, roof materials and siding, are architecturally compatible with that of the remainder of the structure. The applicant will use the same finishes and materials for the covered roof access structure as proposed for the new house. 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. G. The proposed structure is consistent with the character and integrity of the neighborhood. Similar structures exist within the Surfside. The covered access structure would exceed the maximum height limit by only 3 feet, while other such structures in Surfside project up to 7 feet above the height limit. H. 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 and is located on the B Row, which is the middle row of houses in Surfside. Primary views from the properties in A Row face toward the ocean, opposite of B Row. Primary views for C Row properties faces to the north, also opposite of B Row. I. Detailed and complete plans for the proposed covered roof access structure and house were submitted and reviewed by staff, and are an attachment to the hearing package. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 23-08 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 23-08 is approved for the construction of a non-habitable architectural feature for a Covered Roof Access Structure that is 3 feet above the 35- foot height limit at 93 B Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 23-08. 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. The applicant shall obtain California Coastal Commission approval prior to building permit issuance. Resolution No.24-01 93 B Surfside Ave -4 of 4- 8 7 5 7 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 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 20th day of February 2024, by the following vote: AYES: Commissioners _________________________________________ NOES: Commissioners _________________________________________ ABSENT: Commissioners _________________________________________ ABSTAIN: Commissioners _________________________________________ _________________________________ Chairperson ATTEST: _________________________________ Alexa Smittle Planning Commission Secretary 8 7 4 7 VICINITY MAP: 8 7 4 8 AERIAL MAP: 1. ALL DIMENSIONS ON THIS PLAN ARE CLEAR DIMENSIONS FROM FINISH TOPROPERTY LINES CONTRACTORS SHALL VERIFY DISTANCES TOACCOMMODATE STRUCTURE AND FINISHES TO ALLOW FOR THESE CLEARDIMENSIONS - TYP.2. AFTER DEMOLITION AND REMOVAL OF EXISTING STRUCTURE, CONTRACTORSHALL CONTRACT A SOILS ENGINEER TO VERIFY 90% SOIL COMPACTION. DAVID SVIGALS93-B SURFSIDE AVENUESURFSIDE, CA 90743 5855 NAPLES PLAZA, SUITE 212LONG BEACH, CA 90803(562) 434-6993 PH UNIT PER LOTLOT AREAXXXXXXXXX 11,025 SQ.FT.XXXXXX (562) 434-1544 FAXCONTACT: EDWARD GULIANeg@guliandesign.com 93-B SURFSIDE AVENUESURFSIDE, CA 90743 3. ALL UTILITIES SHALL BE REPLACED AND UPGRADED.ELECTRICAL SHALL BE UNDERGROUND 200AMP SERVICE.GAS SHALL BE RAN TO NEW METER LOCATION INDICATED BYDEPARTMENT OF GAS. WATER SUPPLY SHALL BE RAN FROMEXISTING WATER METER INTO HOUSE WITH 1-1/2" MAIN COPPERPIPING.4. DURING CONSTRUCTION, THE CONTRACTOR SHALL PROVIDETEMPORARY FACILITIES FOR TOILET, SECURITY FENCING ANDALL UTILITIES TO PERFORM WORK AT SITE WITH ADEQUATEEFFICIENCY. XXXMAX BUILDING HEIGHT:35' + 4' ROOF ACCESS APN: 178-461-31LOT 93, TRACT 26677SETBACKS (MINIMUM)IN THE CITY OF SEAL BEACHIN THE COUNTY OF ORANGE, CALIFORNIA 5855NAPLESPLAZA,SUITE#212LONGBEACH,CALIFORNIA90803 FRONTSIDESREAR FIRST FLOOR 2'-6" / UPPER STORIES CAN CANTILEVER TO THE PROPERTY LINE STRUCTURAL CONSULTANTS3450 SPRING STREET UNIT 106LONG BEACH, CA 90806 10% OF LOT WIDTH, MINIMUM 3'-0"3'-0"( 562) 434- 6993ZONE:SURFSIDE R-3 / U X CONTACT: AHMED BOUZARIF - "ALAN"ENGINEER OF RECORD: Zouheir Salah RPE# 42881 OCCUPANCY: FLOOD ZONE: CONSTRUCTION NOISE REGULATIONSTHE MUNICIPAL CODE PROHIBITS ANY CONSTRUCTION REQUIRING A PERMITFROM PRODUCING UNUSUALLY LOUD NOISE DURING THE FOLLOWING HOURS: WEEKDAYS AND FEDERAL HOLIDAYS: 7:00 P.M. TO 7:00 A.M. THE FOLLOWINGWEEKDAY. BUILDING AREAS:TOTAL AREAFIRST FLOOR AREA:SECOND FLOOR AREA:THIRD FLOOR AREA: 271 SQ. FT.676 SQ. FT.676 SQ. FT.369 SQ. FT. CONSTRUCTION TYPE: TYPE V-BFIRE SPRINKLERS: FULLY SPRINKLERED SATURDAYS: BEFORE 9:00 A.M. AND AFTER 6:00 P.M. SUNDAYS: ALL DAY. 1252 W 22ND STREETMEZZANINE FLOOR AREA:SAN PEDRO, CA 90731Tel: (424) 247-7658 UNUSUAL NOISE IS THAT WHICH ANNOYS OR DISTURBS A REASONABLEPERSON OF NORMAL SENSITIVITY. IN ADDITION TO HEALTH DEPARTMENTSTAFF, THE REGULATIONS MAY BE ENFORCED BY POLICE OFFICERS. A PERSONFOUND GUILTY OF VIOLATING THE REGULATIONS IS SUBJECT TO A FINE ORIMPRISONMENT, OR BOTH. THE LANDOWNER, CONSTRUCTION COMPANYOWNER, CONTRACTOR, SUB-CONTRACTOR OR EMPLOYER CAN BE ACO-DEFENDANT WHENEVER AN EMPLOYEE IS PROSECUTED FOR VIOLATINGTHE NOISE REGULATIONS. IF GOOD CAUSE IS SHOWN, THE HEALTHDEPARTMENT NOISE CONTROL OFFICER MAY GRANT A PERMIT ALLOWINGWORK ON SUNDAYS FROM 9:00 A.M. TO 6:00 P.M. THE BUILDING OFFICIAL MAYAUTHORIZE EMERGENCY WORK TO PROCEED AT ANY TIME PERIOD. TOTAL LIVABLE AREA:1992 SQ. FT.CONTACT: IGOR PICHKO CEA/CEPE357 SQ. FT.2-CAR GARAGE AREA: ROOF DECK AREA CURRENT EDITION OF THE CALIFORNIA BUILDING CODETITLE-24 OF THE CALIFORNIA CODES OF REGULATIONSPART 1PART 2PART 3PART 4PART 5PART 6PART 7PART 8PART 9PART 10PART 11PART 12 CALIFORNIA ADMINISTRATION CODE (CAC)CALIFORNIA BUILDING CODE (CBC)CALIFORNIA RESIDENTIAL CODE (CRC)CALIFORNIA ELECTRICAL CODE (CEC)CALIFORNIA MECHANICAL CODE (CMC)CALIFORNIA PLUMBING CODE (CPC)CALIFORNIA ENERGY CODE (CEEC)VACANTCALIFORNIA HISTORICAL BUILDING CODE (CHBC)CALIFORNIA FIRE CODE (CFC)CALIFORNIA EXISTING BUILDING CODE (CEBC)CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGreen) 18090 BEACH BLVD., SUITE #12HUNTINGTON BEACH, CA 92648PHONE: (714) 848-0566 308 SQ. FT.CONTACT: DANIEL RUBIO, P.E., P.L.S. DEMOLITION OF AN EXISTING 1- STORY SINGLE-FAMILY HOMECONSTRUCTION OF A NEW 3-STORY SINGLE-FAMILY HOME WITH AN ATTACHEDGARAGE. ROOF DECK AND ACCESS TO ROOFALL NEW ELECTRICAL, PLUMBING, HVACELECTRICAL PANEL TO 200 AMP.SEAL BEACH MUNICIPAL CODESURFSIDE COMMUNITY GUIDELINES BLOCK WALLSFENCESLANDSCAPE AREASDEMOLITIONSOLAR PANELSFIRE SPRINKLERS ** PLANS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TOCITY OF SEAL BEACH FOR APPROVAL AT LEAST 60 DAYS PRIOR TOINSTALLATION. 5855NAPLESPLAZA,SUITE#212LONGBEACH,CALIFORNIA90803( 562) 434- 6993 3'-1"18'-9"3'-3"3'-1"18'-9"3'-3"3'-1"18'-9"3'-3" 12'-6" 2'-7" 12'-5" 3'-0" 5'-9"6'-8"5'-6"10'-1"2'-1"2'-6"4'-5"4'-2"10'-0" SAUNA STORAGE REF 11.00FIN. FLR.3'-6"UP3'-1"3'-5" 10'-4" 3'-3"5'-0"HIGH STORAGE CABINETS 10.50DOWN 5'-3"5'-0"DOWN 10'-7"6'-8" DOWN 18'-0"7'-6" 3'-3"18'-9"3'-1" 17'-8"17'-8" 18'-9" 3'-3"3'-1" 9.96 SCALE: 14"=1'-0"SCALE: 14"=1'-0"SCALE: 14"=1'-0"SCALE: 14"=1'-0" 7'-6"10'-0" 3" 5855NAPLESPLAZA,SUITE#212LONGBEACH,CALIFORNIA90803( 562) 434- 6993 2'-3"5'-9" 93 11.00FIN. FLR. 9.96TOP OF STREET SCALE: 14"=1'-0"SCALE: 14"=1'-0"10'-0" 7'-6" SCALE: 14"=1'-0"SCALE: 14"=1'-0" MAXIMUM BUILDING HEIGHT ALLOWED BY CITY OF SEAL BEACH FOR ROOF ACCESS 10'-0" MAXIMUM BUILDING HEIGHT 3" 5855NAPLESPLAZA,SUITE#212LONGBEACH,CALIFORNIA90803( 562) 434- 6993ROOF DECK MEZZANINE THIRD FLOOR THIRD FLOOR SECOND FLOOR SECOND FLOOR FIRST FLOOR FIRST FLOORTOP OF SURFSIDE AVENUE SCALE: 14"=1'-0" 1 7 3 0 PLANNING COMMISSION STAFF REPORT DATE:February 20, 2024 TO:Planning Commission THRU:Alexa Smittle, Community Development Director FROM:Shaun Temple, Planning Manager SUBJECT:Request for a Minor Use Permit (MUP 23-7) to allow the construction of a one-car garage with an open roof deck on an existing residential property that is nonconforming due to setbacks located in the Residential High Density (RHD-20) zoning area LOCATION:213 3rd Street APPLICANT:Ron Hoover RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-02, APPROVING Minor Use Permit 23-7 with Conditions and find the project EXEMPT from CEQA. GENERAL PLAN DESIGNATION: Residential High Density ZONE:RHD-20 (Residential High Density) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 199-142-11 LOT AREA: 5,997 SQ. FT. GROSS FLOOR AREA: 3,813 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-20) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-20) EAST: RESIDENTIAL HIGH DENSITY (RHD-20) 1 7 3 0 WEST: RESIDENTIAL HIGH DENSITY (RHD-20) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (New Construction 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 an accessory structure/attached one-car garage with an open roof deck at an existing nonconforming residential property. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday February 8, 2024, and mailed to property owners and occupants within a 300’ radius of the subject property on February 5, 2024, with affidavits of publishing and mailing on file. ANALYSIS Ron Hoover on behalf of Thomas Cole (“the applicant”) is requesting authorization for the construction of a new one-car garage with an open roof deck. The new garage is proposed to be attached to the existing detached two-car garage and second story Accessory Dwelling Unit (ADU) of a single-family residence. The subject site is a 5,997 square foot parcel located near the southwest corner of 3rd Street and Central Avenue in The Old Town area. The existing residence is non-conforming due to the setbacks. Seal Beach Municipal Code (SBMC) Section 11.2.05.015 (Residential Development Standards) requires that in the RHD-20 zone, an interior side yard setback shall be 10 percent of the lot width (minimum 3-feet) and a rear setback of 24 feet minus the width of the alley. Given these formulas, a side yard setback of 4-feet 3-inches is required while a 3-foot 1-inch setback is provided along the south side property. The alley in the rear of the property is 15 feet, requiring a 9-foot setback from the rear property line, while only 3 feet 9 inches is provided. SBMC Section 11.4.40.015.B (Minor Improvements to Nonconforming Residential Structures) allows for garages and roof decks to be permitted for nonconforming residential structures through approval of a Minor Use Permit by the Planning Commission. In order to grant approval of a Minor Use Permit, Seal Beach Municipal Code (SBMC) Section 11.5.20.020 provides that the Planning Commission must make all of the following findings: 1. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 1 7 3 0 2. 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; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. As noted, the subject property is currently nonconforming due to setbacks, however, with the improvements proposed, the existing nonconformity will not be intensified as the proposed addition will be consistent with setback and development standards. The proposed one-car garage will provide a 5-foot side yard setback and will provide 9 feet from the garage to the rear property line so that there is a total 24 feet from the new garage to the opposite side of the alley. The one-car garage will measure approximately 346 square feet, which allows for the parking of one vehicle and additional space for storage. The garage addition will enable the property to provide additional garage space for the existing ADU built above the existing two-car garage. An existing staircase built adjacent to the two-car garage will serve as the primary access to the open roof deck. When completed, the height of the garage addition, and open roof deck will measure 14 feet 7 inches measured to the top of the guard rail, which is under the 25-foot maximum height limit. Lastly, the applicant proposes to add a stucco siding finish to match the finish of the primary dwelling. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 24-02 approving MUP 23-7 to allow the construction of a one-car garage and an open roof deck at an existing residence located at 213 3rd Street within the Residential High Density (RHD-20) zoning area, and find the project exempt from CEQA. Prepared by: Shaun Temple Alexa Smittle Shaun Temple, AICP Alexa Smittle Planning Manager Community Development Director 1 7 3 0 Attachments: 1. Resolution No. 24-02 2. Vicinity & Aerial Maps 3. Project Plans Page 1 of 4 RESOLUTION NO. 24-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 23-7 TO ALLOW CONSTRUCTION OF A ONE-CAR GARAGE WITH AN OPEN ROOF DECK ABOVE ON A SINGLE-FAMILY RESIDENTIAL PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 213 3RD STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Ron Hoover on behalf of property owner Thomas Cole (“the applicant”) submitted an application to the Community Development Department for Minor Use Permit 23-7. The proposed project includes the construction of a one car garage with an open roof deck on a single-family residential property that is nonconforming due to setbacks located at 213 3rd Street in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 3 (New Construction 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 an accessory structure/one-car garage with an open roof deck at an existing nonconforming residence. Section 3. A duly noticed public meeting was held before the Planning Commission on February 20, 2024, to consider Minor Use Permit 23-7. At the public meeting, 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 23-7 for a proposed project at 213 3rd Street. B. The subject property is an irregular shaped lot with an area of approximately 5,997 square feet. The property averages 44 feet 3 inches wide by approximately 117.50 feet in depth. The site is surrounded by residential uses on all sides. C. The subject property is currently developed as a single-family residence with an ADU built above the existing detached two-car garage. Based on the existing setback conditions, the subject property is considered nonconforming because the primary residential structure does not maintain the required side yard setbacks, nor does the existing two-car garage maintain the required rear yard setbacks. D. The Seal Beach Municipal Code (SBMC) Section 11.4.40.015.B (Minor Improvements to Nonconforming Residential Structures) allows the construction of garages and open roof decks to nonconforming residential properties through a minor use permit. E. The applicant is proposing construction of a single car garage with an open roof deck attached to an existing detached two-car garage on a single-family residential property that is nonconforming due to setbacks. The proposed improvement involves construction of a one-car garage with an open roof deck directly above. Upon completion of Resolution 24-02 213 3rd Street Page 2 of 4 8 7 5 8 the proposed improvements, the nonconformity related to setbacks will not be further expanded or intensified. F. The exterior improvements involve a stucco finish that complements the main residential dwelling. An existing staircase along the side of the existing two car garage will serve as the primary access to the open roof deck above the proposed single car garage. The alterations proposed on the subject site are consistent with the provisions of the Code and will not intensify any nonconforming condition. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Section 11.5.20.020 (Required Findings) of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming land uses and permits minor alterations. The proposed construction of the single car garage and an open roof deck, to be attached to the existing detached two-car garage on a nonconforming single-family residential property, will not change the character of the property, will not expand upon any nonconformity, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where the SBMC Section 11.4.40.015 (Minor Improvements to Nonconforming Residential Structures) allows construction of garages and open roof decks to nonconforming residential properties with approval of a minor use permit. 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 single-family residence with a detached two-car garage and an ADU above the garage, and is considered nonconforming due to setbacks. The proposed improvements involve construction of a single car garage with an open roof deck above, to be attached to the existing two-car garage. The proposed construction will maintain development standards applicable to the RHD-20 zone, and the proposed one-car garage will comply with the side yard setback and rear setback. The improvement will not increase density or change the existing use of the property. 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 RHD-20 zone, which consists of properties developed as single family and multi-family residences. The improvement will not change the existing operating characteristics of the property and will remain similar to surrounding uses throughout RHD-20 zoned area. Resolution 24-02 213 3rd Street Page 3 of 4 8 7 5 8 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 improvements will not intensify use of the property. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 23-7 for construction of a one car garage and an open roof deck on a single-family residential property that is nonconforming due to setbacks, subject to the following conditions: 1. Minor Use Permit 23-7 is approved for construction of a one car garage and an open roof deck on a single-family residential property that is nonconforming due to setbacks located at 213 3rd Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 23-7. All new construction shall comply with all applicable state and local codes. 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. All materials, color, and finishes of the wall finish will be consistent with exterior finishes of the residential dwelling. 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. The applicant shall indemnify, defend and hold harmless the 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 actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action. Resolution 24-02 213 3rd Street Page 4 of 4 8 7 5 8 PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on the 20th day of February 2024, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patty Campbell Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary VICINITY MAP AERIAL MAP