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HomeMy WebLinkAboutPC Res 26-03 2026-03-16 RESOLUTION NO. 26-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 26-0001 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT ON A PROPOSED SINGLE-FAMILY RESIDENCE AT 12 A SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Mark Wheeler, on behalf of property owners, Hobart and Caren Bowers ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 26-0001. 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 a covered roof access structure that exceeds the maximum building height by 4 feet 6 inches on a single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on March 16, 2025, to consider Minor Use Permit 26-0001. 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 26-0001 for a proposed project at 12 A Surfside Avenue, Seal Beach, California. B. The subject property is rectangular shaped previously vacant lot area of approximately 1,410 square feet. The property is approximately 25 feet wide by 53 feet deep. The site is surrounded by residential uses. C. The project site is located in the Residential Low Density (RLD-9) zone within Surfside Colony, a gated private residential community. Prior to City review, the applicant received approval from the Surfside Colony Architectural Review Board. D. The applicant is requesting to construct a covered roof access structure that will exceed the height limit by 4 feet 6 inches at 12 A Surfside Avenue. The proposed roof access structure is approximately 12 feet 10 inches in length by 9 feet 7 inches in width. The Seal Beach Municipal Code allows non-habitable architectural features in the Surfside Colony to exceed up to 7 feet above maximum height limit through a Minor Use Permit. -1 of 4- Resolution No.26-03 12 A Surfside Ave 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 Section 11.5.20.020 (Required Findings — Development Permits) and Section 11.2.05.015.A.6.c (Considerations for approval of a MUP — Surfside) of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposal is consistent with the general plan and with any other applicable plan adopted by the city council. The proposed construction is 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 its neighborhood as it will be consistent with other residential properties that have existing access structures projecting 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 proposed roof access structure 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.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 feet maximum height projections by 4 feet 6 inches. C. 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. The proposed use is on a site designed for single-family residential use. The site is proposed to be developed with a three-story, single-family residence with an attached two car garage and a roof deck. The proposed covered roof access structure will not change the overall use, nor will add to habitable space above the permitted 35- foot limit 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 will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The site will be developed with a single-family residence which is a compatible dwelling type within the surrounding neighborhood. Roof decks and covered roof access structures are common non-habitable architectural features in the Surfside RLD-9 zoning district, thus staff does not anticipate adverse effects to the surrounding properties. E. 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 -2 of 4- Resolution No.26-03 12 A Surfside Ave residing or working in the vicinity of the proposed use. The proposed covered roof access structure will be non-habitable and limited to the size necessary to cover the staircase leading to the proposed roof deck. Additionally, the site is proposed to operate as a residential property, which is consistent with the uses in the zone and the surrounding properties. F. The proposed non-habitable architectural feature, as conditioned, is architecturally consistent with the proposed structure, with roof materials and siding that are architecturally compatible with that of the remainder of the structure. The applicant will use the same exterior finishes and materials as those proposed for the single-family residence. 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 be integrated into the design of the proposed residence to ensure minimal visual impacts. G. The proposed structure is consistent with the character and integrity of the neighborhood. As permitted through a Minor Use Permit, the covered access structure would exceed the maximum height limit by 4 feet 6 inches. Similar structures exist within the Surfside RLD-9 zone that project up to 7 feet above the maximum 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 it is limited to the minimum dimensions needed to cover the proposed staircase to the proposed roof deck. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 26-0001 to allow for the construction of a covered roof access structure, which is a non-habitable architectural feature, to exceed the 35-foot maximum height limit at 12 A Surfside in the Residential Low Density (RLD-9) zoning district of the Surfside Colony, subject to the following conditions: 1 . Minor Use Permit 26-0001 is approved for the construction of a non-habitable architectural feature for a Covered Roof Access Structure that is 4 feet 6 inches above the 35-foot height limit at 12 A Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 26-0001 . 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 material and exterior finishes of the Covered Roof Access Structure shall be compatible with the proposed single-family residence. 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. -3 of 4- Resolution No.26-03 12 A Surfside Ave 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 16th day of March 2026, by the following vote: AYES: Commissioners CAMPBELL, NOLTA, PERRELL, MINGIONE, WHEELER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 1( Ma go W eeler Chairperson ATTEST: Shaun Temp Planning Commission Secretary -4 of 4-