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Home My WebLink AboutPC Res 10-47 - 2011-03-16RESOLUTION NUMBER 10-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 10 -3 TO ALLOW A 578 - SQUARE -FOOT ROOM ADDITION AND A 149 - SQUARE -FOOT DECK ADDITION TO AN EXISTING NONCONFORMING SINGLE - FAMILY DWELLING WITIHN THE RHD -20 ZONE AT 1608 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On November 23, 2010, Mark Wheeler (the "applicant ") applied for Variance 10 -3 with the Department of Development Services. The applicant is seeking to maintain a nonconforming 4' -0" rear yard setback from the public alley, while adding approximately 578 square feet of habitable area and approximately 149 square feet of unenclosed deck area to the existing single - family dwelling. Section 2 . Pursuant to 14 California Code of Regulations §15305 and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Variance 10 -3 to maintain a nonconforming 4' -0" rear yard setback from the public alley, while adding approximately 578 square feet of habitable area and approximately 149 square feet of unclosed deck area to the existing single - family dwelling, is categorically exempt from review pursuant to the California Environmental Quality Act §15301 (Existing Structures), because the proposal involves a modest addition to an existing single - family dwelling within a residential zone; and pursuant to §15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3 . A duly noticed public hearing was held before the Planning Commission on March 16, 2011 to consider the application for Variance No. 10 -3. Section 4 . The record of the hearing on March 16, 2011 indicates the following: (a) On November 23, 2010, Mark Wheeler submitted an application for Variance 10 -3 with the Department of Development Services. (b) The subject property is nonconforming due to an inadequate rear yard setback from the alley. Specifically, the Zoning Ordinance requires a 1 of 5 Planning Commission Resolution No. 10 -47 Variance 10 -3 1608 Ocean Avenue March 16, 2011 minimum twelve -foot (12' -0 ") rear yard setback when the rear yard abuts a twelve -foot (12' -0 ") wide alley. The existing dwelling presently has a four -foot (4' -0 ") rear yard setback along the alley. (c) The applicant is seeking to maintain the nonconforming 4' -0" rear yard setback from the public alley, while adding approximately 578 square feet of habitable area and approximately 149 square feet of unenclosed deck area to the existing single - family dwelling within the Residential High Density (RHD -20) zone. (d) The subject property is described as Orange County Assessor's parcel number 199 - 094 -05 and is located at 1608 Ocean Avenue, in the area commonly known as "Old Town ". (e) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST, WEST: Single- family residences in the Residential High Density (RHD -20) Zone within the area known as Old Town. (f) The subject property is approximately 25 feet wide by 100 feet deep and contains approximately 2,500 sq. ft. in lot area. (g) Staff has received 22 letters in support and 1 letter in opposition to the project in response to the hearing notices that were mailed and published for Variance 10 -3. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution and pursuant to §§ 11.2.05; 11.4.40; and 11.5.20 of the City's Zoning Ordinance, the Planning Commission hereby finds as follows: (a) Variance 10 -3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "High Density Residential" designation for the subject property and permits single - family and multiple - family residential uses and additions to same. 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 building and property at 1608 Ocean Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) The existing property and structure is unique in that it has an extraordinarily large front yard setback compared to other properties in the 2 of 5 Planning Commission Resolution No. 10 -47 Variance 10 -3 1608 Ocean Avenue March 16, 2011 vicinity and the applicant has expressed a desire to maintain a large front yard setback, while also maintaining the existing nonconforming rear yard setback from the public alley. With the proposed addition, the property will still maintain a front yard setback that is more than twice as large as the largest front yard setbacks in the vicinity. (d) The granting of this variance will not constitute a special privilege given to one property that would not be afforded to another property by virtue of the fact that there are no other properties in the vicinity that enjoy such a large front yard setback and all proposed new construction will be required to conform to the development standards of the zone district. (e) The maintenance of the 4' -0" rear yard setback will ensure an effective 16' -0" alley width for one -way traffic on Seal Way along the entire width of the subject property, since vehicles would be precluded from parking within the rear yard setback area due to the shallow setback. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Variance No. 10 -3, subject to the following conditions: Variance 10 -3 is approved for an approximately 578 square foot room addition and an approximately 149 square foot unenclosed deck addition to the existing nonconforming single family dwelling at 1608 Ocean Avenue. The property is nonconforming because of a substandard 4' -0" rear yard setback from the public alley (12' -0" is the minimum required setback). 2. All construction shall be in substantial compliance with the plans submitted as part of the application for Variance 10 -3 as approved by the Planning Commission. 3. The applicant shall maintain a minimum 35' -0" front yard setback to the second floor unenclosed deck; a minimum 41' -0" front yard setback to the first floor wall of the dwelling; and a minimum 56' -0" front yard setback to the second floor wall of the dwelling. 4. Vehicle parking shall be prohibited within the 4' -0" rear yard setback/drive apron area between the existing garage and public alley. 5. All proposed new construction shall conform to all applicable development standards in effect within the RHD -20 zone as of the date of this approval. 6. Any future modifications or demolition of the structure shall deem any and all portions of Variance 10 -3 null and void. 7. Variance 10 -3 shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the 3 of 5 Planning Commission Resolution No. 10 -47 Variance 10 -3 1608 Ocean Avenue March 16, 2011 Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 8. This Variance shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 9. 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 Variance, 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 2011, by the following vote: AYES: Commissioners Massa- Lavitt, Cummings, Everson, and Galbreath NOES: Commissioners None ABSENT: Commissioners Bello ABSTAIN: Commissioners None -A 4 - r Sandra Massa -Lavitt Chairperson, Planning Commission 4 of 5 Planning Commission Resolution No. 10 -47 Variance 10 -3 1608 Ocean Avenue March 16, 2011 Mark Persico, AICP Secretary, Planning Commission 5 of 5