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HomeMy WebLinkAboutAgenda Packet 2024-04-01CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 01 April 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 – Chair District 4 — Patty Campbell District 5 — Margo Wheeler – Vice Chair 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 from 12:00 p.m. to 1:00 p.m. for lunch. •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 on the City’s 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 February 20, 2024 Planning Commission Minutes. CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS B.Minor Use Permit (MUP 24-01) 94 A Surfside Avenue Applicant: Steve Sennikoff on behalf of Kevin Talbot Request: For Minor Use Permit (MUP 24-1) to permit a covered roof access structure to exceed the maximum roof height by 6 feet 1 inch 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. 24-03, APPROVING Minor Use Permit 24-1 with Conditions and find the project EXEMPT from CEQA. PUBLIC HEARINGS DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, April 15, 2024 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:March 18, 2024 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the February 20, 2024 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on February 20, 2024 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. February 20, 2024 Planning Commission Minutes 8 6 2 8 City of Seal Beach – Regular Meeting of the Planning Commission February 20, 2024 Chair Campbell called the Planning Commission meeting to order at 7:00 p.m. Vice Chair Coles led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Wong, Wheeler, Coles Absent: None Staff Present: Amy Greyson, Senior Assistant City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Samuel Funes, Assistant Planner Gloria D. Harper, City Clerk Brandon DeCriscio, Interim Deputy City Clerk PUBLIC COMMUNICATIONS Chair Campbell opened public communications. Speakers: None. Chair Campbell closed public communications. City Clerk Harper announced that no 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. Motion by Commissioner Wheeler, second by Vice Chair Coles to approve the agenda. AYES: Campbell, Mingione, Wong, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the January 16, 2024, Planning Commission Minutes Motion by Commissioner Wheeler, second by Vice Chair Coles to approve the consent calendar. 8 6 2 8 AYES: Mingione, Wheeler, Coles, Campbell NOES: None ABSENT: None ABSTAIN: Wong Motion Carried. CONTINUED ITEM(S) - None SCHEDULED MATTERS B. Reorganization of Planning Commission – Election of new Chairperson and Vice Chairperson for 2024. Chair Campbell nominated Vice Chair Coles as Chairperson of the Planning Commission for 2024. There were no other nominations. City Clerk Harper took a Roll Call vote. AYES: Mingione, Wheeler, Coles, Campbell, Wong NOES: None ABSENT: None ABSTAIN: None Motion Carried. Commissioner Coles was unanimously nominated as the new Chairperson of the Planning Commission for 2024. Chair Coles nominated Commissioner Wheeler as Vice Chairperson of Planning Commission for 2024. There were no other nominations. City Clerk Harper took a Roll Call vote. AYES: Mingione, Wheeler, Coles, Campbell, Wong NOES: None ABSENT: None ABSTAIN: None Motion Carried. Commissioner Wheeler was unanimously nominated as the new Vice Chairperson of the Planning Commission for 2024. Chair Coles presided over the meeting. NEW BUSINESS – None 8 6 2 8 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. Assistant Planner Funes provided a comprehensive staff report. Commissioners’ questions were addressed. Chair Coles opened the public hearing. Speakers: Applicant: Edward Gulian. Chair Coles closed the public hearing. Motion by Vice Chair Wheeler, second by Commissioner Wong, that the Planning Commission adopt Resolution No. 24-01, APPROVING Minor Use Permit 23-8 with Conditions and find the project EXEMPT from CEQA. AYES: Mingione, Wong, Wheeler, Coles, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried Senior Assistant City Attorney Greyson noted that there is a 10-day appeal period that starts February 21, 2024. 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. 8 6 2 8 Planning Manager Temple provided a comprehensive staff report. Commissioners’ questions were addressed. Chair Coles opened the public hearing. Speakers: Applicant: Ron Hoover. Chair Coles closed the public hearing. Motion by Commissioner Campbell, second by Commissioner Mingione, that the Planning Commission adopt Resolution No. 24-02, APPROVING Minor Use Permit 23-7 with Conditions and find the project EXEMPT from CEQA. AYES: Mingione, Wong, Coles, Campbell NOES: Wheeler ABSENT: None ABSTAIN: None Motion Carried Senior Assistant City Attorney Greyson noted that there is a 10-day appeal period that starts February 21, 2024. COMMISSION CONCERNS – There were no commission concerns. DIRECTOR’S REPORT – Director Smittle welcomed Commissioner Wong to the Planning Commission and thanked Assistant Planner Funes for stepping up after the departure of Associate Planning Cuevas. ADJOURNMENT Chair Coles adjourned the Planning Commission meeting at 7:29 p.m. to Monday, March 4, 2024, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Richard Coles, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 1 7 5 9 PLANNING COMMISSION STAFF REPORT DATE:April 1, 2024 TO:Planning Commission THRU:Alexa Smittle, Community Development Director FROM:Samuel Funes, Assistant Planner SUBJECT:Request for Minor Use Permit (MUP 24-01) to permit a covered roof access structure to exceed the maximum roof height by 6 feet 1 inch on a new single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. LOCATION:94 A Surfside Avenue APPLICANT:Steven Sennikoff on behalf of Kevin Talbot RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-03, APPROVING Minor Use Permit 24-1 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: 178-462-30 LOT AREA: 1,615.75 sq. ft. GROSS FLOOR AREA: 4,232.97 SURROUNDING PROPERTIES: NORTH: Residential Low Density (RLD-9) SOUTH: Residential Low Density (RLD-9) 1 7 5 9 EAST: Residential Low Density (RLD-9) WEST: Beach (BEA) 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 March 21, 2024 and mailed to property owners and occupants within a 300-foot radius of the subject property on March 19, 2024, with affidavits of publishing and mailing on file. ANALYSIS: The architect, Steven Sennikoff, on behalf of the property owner, Kevin Talbot, (“the applicant”) is proposing to demolish an existing one-story residence on a 1,615.75- square-foot parcel located in the A Row of Surfside Colony. Construction of a three-story, single-family residence is the proposed replacement. The property is in the Residential Low Density (RLD-9) zone, 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 6 feet 1 inch, an MUP must also be reviewed and approved by the Planning Commission for that height deviation. To grant approval of an MUP, Seal Beach Municipal Code (SBMC) Section 11.5.20.020 provides that the Planning Commission must make all 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. 1 7 5 9 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. 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 7 feet, if granted pursuant to MUP approval. The height maximum for structures within Surfside Colony is 35 feet. The maximum height elevation of the proposed covered roof access structure is 6 feet 1 inch above the height of the main structure. The total building height elevation will be 41 feet and ½ inch at the peak of the structure. With exception to the covered roof access structure, the building height is 34 feet, 9 inches. The covered stairwell will be comprised of roofing materials consistent with the remainder of the roof deck and proposed new structure. The location of the covered access is located along a peripheral exterior wall of the structure as required. The structure occupies a minimal proportion of the roof deck. 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 MUP 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 6 feet 1 inch above the 35 feet developmental height maximum and covers a limited portion of the roof top. Primary views from properties on B Row will remain unobstructed while the properties on C Row face to the north and away from the project. The Surfside Colony Architectural Review Board has reviewed and approved the proposal, and 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. 24-03 approving MUP 24-01 to permit a covered roof access structure to exceed the allowable 35-foot height limit by 6 feet 1 inch at 94 A Surfside Avenue and find the project exempt from CEQA. 1 7 5 9 Prepared by: Samuel Funes Samuel Funes Alexa Smittle Alexa Smittle Director of Community Development Attachments: 1. Resolution No. 24-03 2. Aerial and Vicinity Maps 3. Project Plans -1 of 4- RESOLUTION NO. 24-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT (MUP) 24-01 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 6 FEET 1 INCH AT A PROPOSED SINGLE- FAMILY RESIDENCE AT 94 A SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Steven Sennikoff, on behalf of property owner Kevin Talbot (“the applicant”) submitted an application to the Community Development Department for Minor Use Permit 24-01. 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 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 6 feet 1 inch 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 April 1, 2024, to consider Minor Use Permit 24-1. 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 24-01 for the demolition of an existing one- story single-family residence and for the construction of a three-story single-family residence at 94 A Surfside Avenue. This is an administrative review that is pending the approval of MUP 24-01 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 24-01 to authorize the roof access structure to exceed the required height standard by 6 feet 1 inch. C. The applicant is requesting to construct an approximately 16 feet 9 ½ inch in length by 4 feet 5 inches in width Covered Roof Access structure that will exceed the height limit by 6 feet 1 inch at 94 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. Resolution No.24-03 94 A Surfside Ave -2 of 4- 8 8 6 1 D. The subject property is rectangular in shape with a lot area of approximately 1,615.75 square feet. The property is approximately 25 feet wide by 65 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 11.5.20.020 (Required Findings) 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 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 (Standards for Surfside – Non-Habitable Architectural Features) 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 6 feet 1 inch while staying 11 inches 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, Resolution No.24-03 94 A Surfside Ave -3 of 4- 8 8 6 1 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. 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 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 6 feet 1 inch, 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. Primary views from the properties in B row are not obstructed while the primary view for C Row properties face to the north. 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 24-01 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 24-01 is approved for the construction of a non-habitable architectural feature for a Covered Roof Access Structure that is 6 feet 1 inch above the 35-foot height limit at 94 A Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 24-01. 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. Resolution No.24-03 94 A Surfside Ave -4 of 4- 8 8 6 1 7. 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. 8. 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 1st day of April 2024, by the following vote: AYES: Commissioners _________________________________________ NOES: Commissioners _________________________________________ ABSENT: Commissioners _________________________________________ ABSTAIN: Commissioners _________________________________________ _________________________________ Richard Coles Chairperson ATTEST: _________________________________ Shaun Temple Planning Commission Secretary AERIAL MAP: VICINITY MAP: Item B Minor Use Permit 24-1 94 A Surfside Avenue Applicant: Steve Sennikoff Proposal Request for a Minor Use Permit (MUP 24-1) to allow the construction of a covered roof access structure that exceeds the maximum height of 35 feet by 6’ 1”. The property is in the Residential Low Density (RLD-9) zoning area and will be developed with a single-family residence. Site Location Site View Site Plan Floor & Roof Plan Elevation Plan Elevation Plan Additional Information Address Width Length Address Width Length A7 8' - 6"13' - 6"B73 13' - 0"9' 9" A18 10' - 6"13' - 9"B74 10' - 9"8' - 6" A26 15' - 0"7' - 6"B97 8' - 6"10' - 3" A44 7' - 10"9' - 9"B98 6' - 9"6' - 3" A47 12' - 6"8' - 0"B100 7' - 3"7' - 9" A48 7' - 6"10' - 0"C23 7' - 6" 13' - 3" A52 7' - 9"13'- 0"B84 7' - 4"10' - 3" A62 13' - 0"8' - 0"B 93 7’ – 6” 10’ – 0” A63 10' - 6"10' - 6" A69 10' - 0"6' - 6"A94 (proposed)4’ – 5”16’ 9-1/2” A72 10' - 3"10' - 3" A79 6' - 9"13' - 0" A84 10' - 0"13' - 0" A86 11' - 0"14' - 0" A87 10' - 3"13' - 0" A88 10' - 0"19' - 0" A109 11' - 0"11' - 11" Analysis 1.Seal Beach Municipal Code (SBMC) §11.2.05.015.A.6 provides for non-habitable architectural features 2.The height of the building with the proposed covered roof access structure is 41 feet and ½ inch in height. 3.Approved by Surfside Colony Architectural Review Board. 4.Meets all applicable SBMC criteria 5.Similar in size to previous MUP approvals for covered roof access structures. Recommended Action Staff recommends that the Planning Commission adopt Resolution No. 24-03 approving Minor Use Permit 24-1.