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HomeMy WebLinkAbout1 - MPR 10-16 1113 Electric AveU January 19, 2011 STAFF REPORT To: Honorable Chairwoman and Members of the Planning Commission From: Department of Development Services Subject: Minor Plan Review 10 -16 1113 Electric Avenue GENERAL n DESCRIPTION HLlilfh�VH.:Vf?filVAlR" ="'3L .iMA pr, Y' n] TMri' SJ: Z' A, I�I1 ^1Aftf ^J'ir�5. \iLL#YJc.`it�Yliti �Nti'.RAT \�,... -M1A. Ilcant: ROBERT C. BEAVER Owner: ROBERT C. BEAVER Location: 1113 ELECTRIC AVENUE Classification of RESIDENTIAL HIGH DENSITY (RHD) Property: Request: THE APPLICANT PROPOSES TO ADD AN OPEN ROOFTOP DECK TO A DETACHED GARAGE OF AN EXISTING NONCONFORMING RESIDENTIAL PROPERTY. THE PROPERTY IS NONCONFORMING SINCE THE EXISTING TWO -CAR GARAGE DOES NOT MEET MINIMUM REAR YARD AND SIDE YARD SETBACK REQUIREMENTS. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 28 -2407 (TITLE 28); DEVELOPMENT PLANNING AREA 1 _ APPROVE MANOR PLAN REVIEW 10 -16, SUBJECT TO CONDITIONS, BY THE ADOPTION OF RESOLUTION 10 -46. Z: \Minor Plan Reviews \Minor Plan Reviews - 2010 \MPR 10 -16 1113 Electric Avenue \MPR 10 -16 1113 Electric Avenue PC Staff Report.doc Pla ng Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 FACTS ❑ On November 22, 2010, Robert C. Beaver (the "applicant "), submitted an application for Minor Plan Review 10 -16 with the Department of Development Services. ❑ Specifically, the applicant proposes to add an open rooftop deck to a detached garage of an existing nonconforming residential property. The property is nonconforming since the existing two -car garage does not meet the minimum rear yard and side yard setback requirements. ❑ The subject property is parallelogram- shaped and comprises approximately 2,860 sq. ft. The parcel is approximately 26'x110' in size. ❑ Surrounding land uses and zoning are as follows: NORTH: Single and multiple family residences in the Residential High Density (RHD) zone SOUTH: Electric Avenue Greenbelt; Single and multiple family residences in the Residential High Density (RHD) zone EAST: Single and multiple family residences in the Residential High Density (RHD) zone WEST: Single and multiple family residences in the Residential High Density (RHD) zone ❑ The subject property is located in the Residential High Density (RHD) zone within the neighborhood generally referred to as "Old Town ". BACKGROUND ti ,�"1.'. ��:illri�':': :GY.AtMIxtpIC1V1MV'1 The applicant proposes to construct an approximately 363 square foot rooftop deck, with exterior stair access and a 48" high parapet wall, above an existing single story, detached garage at the rear of the lot. Exterior stair access is proposed to be located outside of any required yard area, in the open space between the detached garage and the main residence. This particular type of rooftop deck is a somewhat common feature of many properties within the Old Town area, and is allowed for certain nonconforming properties through the Minor Plan Review process, if certain development standards are met. The Planning Commission has historically approved such requests for similar improvements and modifications to properties located within the Residential High Density (RHD) zone, provided there are no anticipated quality of life impacts to adjacent properties or the neighborhood at large. MPR 10 -16 1113 Electric Avenue PC Staff Report 2 U Plang Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 Section 28 -2407 of the Code of the City of Seal Beach, (Code) sets forth development standards for the subject site and specifies a requirement for a Minor Plan Review approval by the Planning Commission of all enlargements or structural alterations to nonconforming residential buildings and uses. Since the property currently has substandard rear yard and side yard setbacks, the property is considered nonconforming. The existing rear yard setback is approximately 8' -0" from the rear property line (9' -0" is the minimum standard) and the existing side yard setback is approximately 8" from the side property line (3' -0" is the minimum standard). The Code does not allow the expansion of habitable area of nonconforming residential properties, with the exception of those alterations and improvements provided for in Section 28 -2407 of the Code. As proposed, the rooftop deck would fall under the definition of a permitted expansion to a nonconforming property within the aforementioned Code section. The proposed rooftop deck will be located on the roof of the existing garage structure. Access to the deck will be provided by a new, exterior spiral staircase located at the south elevation of the garage. The deck will be required to provide a minimum 42" parapet or railing enclosure around all proposed deck areas, and will also be required to comply with all current building code safety and structural requirements for locating a deck on an existing rooftop. Additionally, the new deck structure will be required to comply with all current setback requirements of the RHD zone. The applicant is proposing a 'lattice' type fence, along the east elevation of the structure, extending approximately 2' -0" above the parapet wall along the deck. Staff is requesting that this lattice structure be at least 50% open, so as not to create the appearance of a 6' -0" solid wall at the east elevation. The subject property is located in a developed, single and multiple family residential neighborhood, on a relatively flat lot. Staff believes that the proposed rooftop deck, as conditioned, will not have any significant adverse impacts to adjacent properties relative to views or open space, and will provide additional open space and useable outdoor area on the lot. It is the opinion of staff that the proposed rooftop deck, as conditioned, conforms with the provisions of Section 28 -2407 of the Code. As of January 12, 2011, staff had not received any responses to the public notices that were mailed and published for the hearing on MPR 10 -16. MPR 10 -16 1113 Electric Avenue PC Staff Report 3 Pla ng Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 RECOMMENDATION w:1'.G'�Y l:\ Niii\ l'. f�` iKe�. M!` R\ XRRJIVI'^ t•^' �iY.+. H:' v11Hb: CIC9F .t�,q.�'AlHt9Y1d'd5���th�' Staff believes the requested application conforms to the provisions of Sections 28 -2407 of the Code. The Planning Commission has authority to conduct a Minor Plan Review of the proposed 363 square foot rooftop deck. Staff recommends the Planning Commission approve Minor Plan Review 10 -16 subject to the following conditions: 1. Minor Plan Review 10 -16 is approved for an approximately 363 square foot rooftop deck, with exterior stair access and a 48" high parapet or railing enclosure (42" is the minimum required by the Building Code) around the deck above an existing single story garage at the rear of the lot. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 10 -16. 3. No enclosed, habitable square footage shall be added to the existing dwelling unit under this approval. 4. The lattice structure along the east elevation wall shall be at least 50% open. 5. Building permits shall be obtained for the approved structures. 6. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. rom Olivera, AICP niot Planner partment of Development Services Attachments (3): Attachment 1: Proposed Resolution No. 10 -46, A Resolution of the Planning Commission of the City of Seal Beach Approving MPR 10 -16 1113 Electric Avenue PC Staff Report 4 Plann►ng Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 Minor Plan Review 10 -16, for an approximately 363 square foot rooftop deck with exterior stair access and a 48" high parapet or railing enclosure, above an existing single story garage at the rear of the lot at 1113 Electric Avenue, Seal Beach. Attachment 2: Application Attachment 3: Project Plans MPR 10 -16 1113 Electric Avenue PC Staff Report 5 U Pla ng Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 ATTACHMENT 1 PROPOSED RESOLUTION 10 -46, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -16, FOR AN APPROXIMATELY 363 SQUARE FOOT ROOFTOP DECK WITH EXTERIOR STAIR ACCESS AND A 48" HIGH PARAPET OR RAILING ENCLOSURE, ABOVE AN EXISTING SINGLE STORY GARAGE AT THE REAR OF THE LOT AT 1113 ELECTRIC AVENUE, SEAL BEACH. MPR 10 -16 1113 Electric Avenue PC Staff Report 6 v Pla ng Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 RESOLUTION NUMBER 10 -46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -16, FOR AN APPROXIMATELY 363 SQUARE FOOT ROOFTOP DECK WITH EXTERIOR STAIR ACCESS AND A 48" HIGH PARAPET OR RAILING ENCLOSURE, ABOVE AN EXISTING SINGLE STORY GARAGE AT THE REAR OF THE LOT AT 1113 ELECTRIC AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On November 22, 2010, Robert C. Beaver, (the "applicant "), submitted an application for Minor Plan Review 10 -16 with the Department of Development Services. Specifically, the applicant proposes to add an open rooftop deck to a detached garage of an existing nonconforming residential property. The property is nonconforming since the existing two -car garage does not meet the minimum rear yard and side yard setback requirements. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 10 -16 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301 EXISTING FACILITIES (e)(1): Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less. § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed hearing was held before the Planning Commission on January 19, 2011 to consider the application for Minor Plan Review 10- 16. Section 4. The record of the hearing on January 19, 2011 indicates the following: MPR 10 -16 1113 Electric Avenue PC Staff Report 7 U Planning Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 (a) On November 22, 2010, Robert C. Beaver, (the "applicant "), submitted an application for Minor Plan Review 10 -16 with the Department of Development Services. (b) Specifically, the applicant proposes to add an open rooftop deck to a detached garage of an existing nonconforming residential property at 1113 Electric Avenue. The property is nonconforming since the existing two -car garage does not meet the minimum rear yard and side yard setback requirements. (c) The subject property is located in the Residential High Density (RHD) zone within the neighborhood generally referred to as "Old Town ". (d) The surrounding land uses and zoning are as follows: NORTH: Single and multiple family residences in the Residential High Density (RHD) zone SOUTH: Electric Avenue Greenbelt; Single and multiple family residences in the Residential High Density (RHD) zone EAST: Single and multiple family residences in the Residential High Density (RHD) zone WEST: Single and multiple family residences in the Residential High Density (RHD) zone (e) The subject property is located on a relatively flat lot and is surrounded by properties of a similar nature. The proposed rooftop deck is not anticipated to have any adverse impacts to adjacent properties relative to views or open space, and will provide additional open space and useable outdoor area on the lot. (f) As of January 12, 2011, staff had not received any responses to the public notices that were mailed and published for the hearing on MPR 10 -16. Section 5. Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to § 28 -2407 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 10 -16, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential High Density" designation for the subject property and permits the proposed development, subject to approval of a Minor Plan Review. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed structure, as conditioned, is appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent MPR 10 -16 1113 Electric Avenue PC Staff Report 8 QJ Plan g Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 residences, does not adversely impact adjacent residences, and similar structures currently exist within the neighborhood. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 10 -16, subject to the following conditions: 1. Minor Plan Review 10 -16 is approved for an approximately 363 square foot rooftop deck, with exterior stair access and a 48" high parapet or railing enclosure (42" is the minimum required by the Building Code) around the deck above an existing single story garage at the rear of the lot. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 10 -16. 3. No enclosed, habitable square footage shall be added to the existing dwelling unit under this approval. 4. The lattice structure along the east elevation wall shall be at least 50% open. 5. Building permits shall be obtained for the approved structures. 6. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners MPR 10 -16 1113 Electric Avenue PC Staff Report 9 U Pla ng Commission Staff Report Minor Plan Review 10 -16 1113 Electric Avenue January 19, 2011 Ellery Deaton, Chairwoman Planning Commission Mark Persico, AICP Secretary, Planning Commission MPR 10 -16 1113 Electric Avenue PC Staff Report 10