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Home My WebLink AboutPC Res 06-50 - 2006-12-06 RESOLUTION NUMBER 06-50 Ot9, 16>-1 1/ I /j Ii~< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 06-4, A REQUEST TO PERMIT A WOOD FENCE RANGING FROM SEVEN FEET, THREE INCHES TO EIGHT FEET, THREE INCHES IN HEIGHT AND AN II-FOOT HIGH WIND SCREEN STRUCTURE WITHIN AN INTERIOR SIDE YARD, IN LIEU OF A MAXIMUM HEIGHT OF SIX FEET PERMITTED BY THE ZONING CODE AT 1311 SEAL WAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 4, 2006, Jack Bettenhausen filed an application with the Department of Development Services for Variance 06-4. Specifically, the Applicant is seeking approval of a variance to allow an existing wood fence ranging from seven feet, three inches to eight feet, three inches in height within an interior side yard. The request also includes approval of a variance to allow an existing ll-foot tall wind screen to remain within the side yard setback. The fence heights are proposed in lieu of the maximum allowable fence height of six feet, and eight feet with a two-foot retaining wall, as required in the Seal Beach Zoning Code for fencing within an interior side yard. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 06-4 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303(a) (New Construction of Small Structures), because the application is for the construction of three (3) or less single family dwellings in an urbanized area; * 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to * 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 public hearing was held before the Planning Commission on November 8, 2006 to consider the application for Variance No. 06-4. Section 4. the following: The record of the hearing on November 8, 2006 indicates Z \My Documents\RESOW AR 06-4 1311 Seal Way PC Reso doc\L W\ 11-21-06 Planning Commission Resolution 06-50 Variance 06-4 - 1311 Seal Way December 6, 2006 (a) On October 4, 2006, Jack Bettenhausen filed an application with the Department of Development Services for Variance 06-4. (b) The Applicant is seeking approval of a variance to allow an existing wood fence ranging from seven feet, three inches to eight feet, three inches in height within an interior side yard. The request also includes approval of a variance to allow an existing II-foot tall wind screen to remain within the side yard setback. The fence heights are proposed in lieu of the maximum allowable fence height of six feet, and eight feet with a two-foot retaining wall, as required in the Seal Beach Zoning Code for fencing within an interior side yard. (c) The subject property, Orange County Assessor's parcel number 199-091-13, is located in District 1, in the Old Town area of Seal Beach. The property is rectangular in shape with the following approximate dimensions: 30' x 90' (2,700 square feet). (d) The density allowed in the Residential High Density, District 1 Zone is one unit per 2,178 square feet of lot area. The subject property, at 2,700 square feet, is of adequate size for one dwelling unit. (e) The surrounding land use and zoning are as follows: o NORTH: Across 15 foot wide alley, mix of single family and multi-family residences in the Residential Medium Density (RMD) zone o SOUTH: Boardwalk and beach area o EAST: Mix of single family and multi-family residences in the Residential High Density (RHD) zone o WEST: Mix of single family and multi-family residences in the Residential High Density (RHD) zone (f) The City has received written comments in response to the mailed or published notices for the public hearing on V AR 06-4. There are two letters in support of the variance request and a petition with approximately 87 signatures from surrounding neighbors. There have been two letters in opposition of the request submitted by the adjacent property owners and their attorney. Section 5. Based upon the facts contained in the record, including those stated in * 4 of this resolution and pursuant to *~ 28-2316, 28-2500 through 28-2502 of the Municipal Code, the Planning Commission hereby finds as follows: (a) Variance 06-4, as conditioned, 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 residential uses and appurtenant residential structures such as fences. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are V AR 06-4 1311 Seal Way PC Reso 2 Planning Commission Resolution 06-50 Variance 06-4 - 1311 Seal Way December 6, 2006 consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The subject property is unique based on its physical location adjacent to a beach area and having a large portion of the home exposed to the adjacent property to the west. The adjacent property has an unusually large front yard setback, resulting in the exposure of approximately 45 feet of the subject property to severe on- shore wind and noise. Based on its unique location adjacent to the boardwalk and beach area, these strong on-shore winds negatively affect the quality of life in outdoor living areas such as the existing courtyard. The requested fencing and windscreen, as conditioned, will protect sensitive plants within the courtyard from excessive wind while creating a pleasant outdoor living environment. The variance request will allow a higher fence thereby ensuring protection from excessive on-shore wind and additional privacy between the subject property and the adjacent property to the west. (c) The granting of this variance will not constitute a special privilege given to one resident that would not be afforded to another by virtue of the fact that the vast majority of properties in Old Town are not negatively affected in this manner since they are generally buffered from strong wind gusts by adjacent structures. The subject property is directly exposed to the effects of on-shore winds based on its location adjacent to the beach. (d) The granting of this variance, as conditioned to require approval of structural support elements of the requested wall and windscreen structures will ensure the safety of the occupants of the subject property and the adjacent property. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 06-4, subject to the following conditions: 1. Variance 06-4 is approved to permit a wood fence ranging from seven feet, three inches to eight feet, three inches in height and anll-foot tall wind screen within an interior side yard, measured from the highest adjacent grade. 2. All construction shall be in substantial compliance with the plans approved through Variance 06-4. 3. Structural drawings of all existing fencing, retaining walls, and the windscreen, shall be prepared and stamped by a licensed Structural Engineer and shall be provided to the Department of Building and Safety prior to issuance of a building permit. The Applicant shall submit plans and structural drawings to the Building and Safety Department within 30 days of approval of Variance No. 06-4. 4. This Variance 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. V AR 06-4 1311 Seal Way PC Reso 3 Planning Commission Resolution 06-50 Variance 06-4 - 1311 Seal W try December 6, 2006 5. This Variance shall become null and void unless exercised within one (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 ninety (90) days prior to such expiration date. 6. If any claim, action or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the this approval, the Applicant and City shall cooperate in defending any such action. City shall notify the Applicant of any such action against City within ten working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify the Applicant immediately upon receipt of notice thereof. The Applicant shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if City fails promptly to notify the Applicant of any action against City, or if City fails to cooperate in the defense, the Applicant shall not thereafter be responsible for City's defense. The Applicant shall reimburse all of City's defense costs including, without limitation, court costs, attorney's fees incurred by counsel selected by the City, and expert witness fees. The Applicant shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of December , 2006, by the following vote: AYES: Commissioners Bello, Ladner, O'Malley, Roberts NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Deaton ? ~ /~ e Whittenberg, Secretary Planning Commission ~~ 4"~ 4lt' <r..zni) -Ellery D ton, Chairperson Planning Commission VAR 06-41311 Seal Way PC Reso 4