HomeMy WebLinkAbout2 - MUP 11-2 B67 SurfsideFebruary 2, 2010
ME
To: Honorable Chair and Members of the Planning Commission
From: Department of Development Services
Subject: Minor Use Permit 11 -2
B -67 Surfside Avenue
GENERAL DESCRIPTION
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Applicant: CARLOS LOSADA
Owner: Luis A. ARMONA
Location: B -67 SURFSIDE AVENUE
Classification of RESIDENTIAL LOW DENSITY (RLD -9) (SURFSIDE)
Property:
Request: THE APPLICANT PROPOSES TO CONSTRUCT A 196 SQUARE FOOT
(141X14') SOLID ROOF PATIO COVER; A 114 SQUARE FOOT
(6'x19') TRELLIS STRUCTURE; AND RELOCATE AN EXISTING
BATHROOM IN AN EXISTING, NONCONFORMING SINGLE - FAMILY
DWELLING WITHIN THE SURFSIDE COLONY. THE PROPERTY IS
CURRENTLY NONCONFORMING BECAUSE IT HAS SUBSTANDARD
SETBACKS FROM PROPERTY LINES.
Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW, PURSUANT TO CEQA ARTICLE 19, SECTION
15301(E)(1)
Code Sections: SECTION 11.4.40.015 B
Recommendation: APPROVE MINOR USE PERMIT 11 -2, SUBJECT TO CONDITIONS,
THROUGH THE ADOPTION OF RESOLUTION 11 -1.
Z: \Minor Plan Reviews \Minor Use Permits- 2011 \MUP 11 -2 B -67 Surfside Avenue \MUP 11 -2 B -67 Surfside Avenue PC Staff
Report.doc
Pianvg Commission Staff Report
Minor Use Permit 11 -2
B -67 Surfside Avenue
February 2, 2011
FACTS
❑ On January 11, 2011, Carlos Losada, (the "applicant "), submitted an application for
Minor Use Permit (MUP) 11 -2 with the Department of Development Services.
❑ Specifically, the applicant proposes to construct a 196 square foot (14'x14') solid
roof patio cover; a 114 square foot (6'x19') trellis structure; and relocate an existing
interior bathroom in an existing, nonconforming single - family dwelling within the
Surfside Colony. The property is currently nonconforming because it has
substandard setbacks from property lines.
❑ The subject property is trapezoidal in shape and comprises approximately 2,538
square feet. The parcel is approximately 25.05'x 101.30' in size.
❑ Surrounding land uses and zoning are as follows:
SOUTH EAST, WEST: Single family residences in the Residential Low
Density (RLD -9) zone, Surfside
NORTH: Parking Lot; Pacific Coast Highway
❑ The subject property is located in the Residential Low Density (RLD -9) zone
( Surfside), within the area known as the Surfside Colony.
BACKGROUND
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The applicant is proposing to construct a 196 square foot (14'x14') solid roof patio
cover; a 114 square foot (6'x19') trellis structure; and relocate an existing interior
bathroom in an existing, nonconforming single - family dwelling within the Surfside
Colony. The property is currently nonconforming because it has an existing 2' -0" rear
yard setback (3' -0" is the minimum allowed); existing 2' -0" side yard setbacks on the
main structure, and a 6" setback on one side of the detached garage (3' -0" are the
minimum allowed); and an existing 2' -0" front yard setback (2' -6" is the minimum
allowed). The applicant is proposing to remodel and upgrade the existing yard area
between the main dwelling and the detached garage by adding an open trellis, covered
roof patio structure, outdoor fireplace, and in- ground spa.
The Planning Commission has historically approved Minor Plan Review requests when
such requests are not anticipated to adversely impact the quality of life of adjacent
properties or the neighborhood at large, and when such requests do not create
hazardous conditions and generally meet the intent of the provisions of the zoning
code.
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 2
Plan -ng Commission Staff Report
Minor Use Permit 11 -2
B -67 Surfside Avenue
February 2, 2011
DISCUSSION
Title 11, Section 11.4.40.015 B of the Code of the City of Seal Beach, (Code) sets forth
allowable minor improvements to nonconforming residential structures and specifies the
requirement for a Minor Use Permit approval by the Planning Commission for open roof
decks, unenclosed balconies and porches, roof additions over balconies and porches,
interior wall modifications to less than 25% of a structure's interior walls, and other
similar minor improvements. Historically, the Commission has included solid- roofed
patio covers and similar patio structures as structures requiring such a permit.
The subject property is located in a developed, single family residential area on a
relatively flat lot. The proposed structure is indicative of much of the development
along the "B" row of Surfside Avenue.
The property is currently nonconforming because it has an existing 2' -0" rear yard
setback (3' -0" is the minimum allowed); existing 2' -0" side yard setbacks on the main
structure, and a 6" setback on one side of the detached garage (3' -0" is the minimum
allowed); and an existing 2' -0" front yard setback (2' -6" is the minimum allowed).The
existing dwelling substantially complies with current zoning standards, except for the
nonconforming setbacks.
Properties within the Surfside Colony that are nonconforming solely because of
substandard setbacks are not uncommon. This is often a result of several factors,
including: lot sizes, lot orientation, the period in which the lot may have been developed,
and imprecise surveys. When minor improvements to these nonconforming properties
are proposed, staff considers the nature of the request, whether the request is an
expansion or intensification of use(s) upon the subject property, and whether or not the
request would have a detrimental effect on surrounding properties.
Staff believes that the subject request is a common type of improvement for residential
properties and will provide a more versatile outdoor living space, without expanding
enclosed, habitable area or intensifying the existing residential use of the property. The
interior bathroom relocation involves relocating the existing bathroom on the first floor
from one side of the dwelling to the other, creating a more open floor plan and more
efficient use of the interior space. The total number of bedrooms and bathrooms within
the structure will remain unchanged. Additionally, staff does not believe that the
proposed improvements will have a detrimental effect on the surrounding properties, as
many of those properties currently enjoy similar improvements with no adverse impacts
that staff is aware of.
The proposed expansion and remodel will be required to obtain approval from the
Surfside Colony Architectural Committee, which is standard for any exterior modification
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 3
Plan - g Commission Staff Report
Minor Use Permit 11 -2
B -67 Surfside Avenue
February 2, 2011
of existing structures within the Surfside Colony. The proposed structure would also be
required to obtain City building permits, but staff does not foresee any problems with
the issuance of building permits, based on the existing plans as proposed.
It is the opinion of staff that the proposed remodel and expansion, as conditioned, is in
conformance with the provisions of Section 11.4.40.015B of the Code.
RECOMMENDATION
Staff believes the requested application conforms to the provisions of Section
11.4.40.015B of the Code, as conditioned. The Planning Commission has authority to
issue a Minor Use Permit of the proposed expansion and remodel of the nonconforming
structure.
Staff recommends the Planning Commission approve Minor Use Permit (MUP) 11 -2
subject to the following conditions:
1. Minor Use Permit 11 -2 is approved for an interior remodel and reconfiguration of
an existing bathroom, the addition of a 196 square foot (14'x14') solid roof patio
cover; and a 114 square foot (6'x19') trellis structure to an existing,
nonconforming single family dwelling located at B -67 Surfside Avenue, Seal
Beach.
2. All improvements and modifications shall be in substantial compliance with the
plans submitted in conjunction with Minor Use Permit 11 -2.
3. The existing, nonconforming setbacks shall be allowed to remain as long as
there is no physical expansion of habitable areas or change in existing building
footprints. MUP 11 -2 does not authorize any such footprint or square footage
expansions to the existing structures.
4. Surfside Colony Architectural Committee approval is required for all exterior
changes to the existing structure(s).
5. Building permits shall be obtained for all approved structures requiring such
permits.
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.
7. The applicant shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees (collectively "the City" hereinafter) from any and all
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 4
Plan ng Commission Staff Report
Minor Use Permit 11 -2
8 -67 Surfside Avenue
February 2, 2011
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
Plan Review, 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.
For: February 2, 2011
�Iflvera, AICP
anner
ant of Development Services
Attachments (4):
Attachment 1: Proposed Resolution No. 11 -1, A Resolution of the Planning
Commission of the City of Seal Beach approving Minor Use
Permit 11 -2, for the addition of a 196 square foot (14'x14')
solid roof patio cover; a 114 square foot (6'x19') trellis
structure; and the relocation of an existing interior bathroom
in an existing, nonconforming single - family dwelling within
the Surfside Colony at B -67 Surfside Avenue, Seal Beach.
Attachment 2: Application
Attachment 3: Project Plans
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 5
Plan ng Commission Staff Report
Minor Use Permit 11 -2
8 -67 Surfside Avenue
February 2, 2011
ATTACHMENT 1
PROPOSED RESOLUTION 11 -1, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH, APPROVING MINOR USE
PERMIT 11 -2, FOR THE ADDITION OF A 196
SQUARE FOOT (14'X14') SOLID ROOF PATIO
COVER; A 114 SQUARE FOOT (6'X19') TRELLIS
STRUCTURE; AND THE RELOCATION OF AN
EXISTING INTERIOR BATHROOM IN AN
EXISTING, NONCONFORMING SINGLE - FAMILY
DWELLING WITHIN THE SURFSIDE COLONY AT
B -67 SURFSIDE AVENUE, SEAL BEACH.
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 6
Pla ng Commission Staff Report
Minor Use Permit 11 -2
8 -67 Surfside Avenue
February 2, 2011
RESOLUTION NUMBER 11 -1
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
APPROVING MINOR USE PERMIT 11 -2, FOR
THE ADDITION OF A 196 SQUARE FOOT
(14'X14') SOLID ROOF PATIO COVER; A 114
SQUARE FOOT (6'X19') TRELLIS STRUCTURE;
AND THE RELOCATION OF AN EXISTING
INTERIOR BATHROOM IN AN EXISTING,
NONCONFORMING SINGLE - FAMILY DWELLING
WITHIN THE SURFSIDE COLONY AT B -67
SURFSIDE AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On January 11, 2011, Carlos Losada, (the "applicant "),
submitted an application for Minor Use Permit 11 -1 with the Department of
Development Services. Specifically, the applicant proposes to construct a 196 square
foot (14'x14') solid roof patio cover; a 114 square foot (6'x19') trellis structure; and
relocate an existing interior bathroom in an existing, nonconforming single - family
dwelling within the Surfside Colony. The property is currently nonconforming because it
has substandard setbacks from property lines.
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 Use Permit 11 -2 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § § 15301 EXISTING
FACILITIES (e) Additions to existing structures provided that addition will not result in
an increase of more than; (1) 50 percent of the floor area of the structures before the
addition or 2,500 square feet, whichever is less; and § 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 February 2, 2011, to consider the application for Minor Use Permit 11-
2.
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 7
Plan ng Commission Staff Report
Minor Use Permit 11 -2
8 -67 Surfside Avenue
February 2, 2011
Section 4. The record of the hearing on February 2, 2011, indicates the
following:
(a) On January 11, 2011, Carlos Losada, (the "applicant "), submitted an
application for Minor Use Permit 11 -2 with the Department of Development Services.
(b) Specifically, the applicant proposes to construct a 196 square foot
(14'x14') solid roof patio cover; a 114 square foot (6'x19') trellis structure; and relocate
an existing interior bathroom in an existing, nonconforming single - family dwelling within
the Surfside Colony. The property is currently nonconforming because it has
substandard setbacks from property lines.
(c) The subject property is located in the Residential Low Density (RLD-
9) zone (Surfside) within the area generally referred to as the Surfside Colony.
(d) The surrounding land uses and zoning are as follows:
SOUTH EAST, WEST: Single family residences in the
Residential Low Density (RLD -9) zone,
(Surfside)
NORTH: Parking lot; Pacific Coast Highway
(e) The subject property is located in a developed, single - family
residential neighborhood on a relatively flat lot. The proposed structures and interior
reconfiguration are not anticipated to have any adverse impacts to adjacent properties,
since these types of structures and modifications are somewhat common for single -
family residences.
(f) The City has received no comments, written or otherwise,
responding to the mailed and published notices of the public hearing for MUP 11 -2.
Section 5. Based upon the facts contained in the record, including
those stated in § 4 of this resolution, and pursuant to §11.4.40.015 B of the City's Code,
the Planning Commission hereby finds as follows:
(a) Minor Use Permit 11 -2, as conditioned, is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
"Residential Low Density" designation for the subject property and permits the proposed
development, subject to approval of a Minor Use Permit. 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 structures and interior modification, as conditioned,
is appropriate to the surrounding neighborhood as the structures are an adequate
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 8
Planning Commission Staff Report
Minor Use Permit 11 -2
8 -67 Surtside Avenue
February 2, 2011
distance from adjacent residences and is a common type of development within the
RLD -9 zone.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Use Permit 11 -2, subject to the following conditions:
Minor Use Permit 11 -2 is approved for an interior remodel and reconfiguration of
an existing bathroom, the addition of a 196 square foot (14'x14') solid roof patio
cover; and a 114 square foot (6'x19') trellis structure to an existing,
nonconforming single family dwelling located at B -67 Surfside Avenue, Seal
Beach.
2. All improvements and modifications shall be in substantial compliance with the
plans submitted in conjunction with Minor Use Permit 11 -2.
3. The existing, nonconforming setbacks shall be allowed to remain as long as
there is no physical expansion of habitable areas or change in existing building
footprints. MUP 11 -2 does not authorize any such footprint or square footage
expansions to the existing structures.
4. Surfside Colony Architectural Committee approval is required for all exterior
changes to the existing structure(s).
5. Building permits shall be obtained for all approved structures requiring such
permits.
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.
7. 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
Plan Review, 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.
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 9
Planning Commission Staff Report
Minor Use Permit 11 -2
8 -67 Surfside Avenue
February 2, 2011
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
Chairman of the Planning Commission
Mark Persico, AICP
Secretary - Planning Commission
MUP 11 -2 B -67 Surfside Avenue PC Staff Report 10