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HomeMy WebLinkAboutPC Res 15-05 - 2015-02-17 RESOLUTION NO. 15-5 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 14-1 TO A REDUCTION OF THE REQUIRED REAR YARD SETBACK ON A LOT WITH A UNIQUE SIZE AND CONFIGURATION WITHIN THE RHD-20 (RESIDENTIAL HIGH DENSITY—20) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Mark E. Zimmerman ("the applicant"), on behalf of the property owner Tezel Trust, submitted an application to the City of Seal Beach Department of Community Development for Variance (VAR) 14-1 to reduce -the required rear yard setback on a lot with a unique size and configuration at 717 Ocean Avenue within the RHD-20 (Residential High Density— 20) zone. Section 2. Pursuant to Section 21000 et seq. of the State of California Public Resources Code and Section 15303 of the State Guidelines for the California Environmental Quality Act (CEQA), this project is determined to be a Class 3 (New Construction or Conversion of Small Structure(s)) Categorical Exemption for the permitting of interior alterations involving interior partitions, plumbing and electrical conveyances. Section 3. A duly noticed meeting was held before the Planning Commission on February 17, 2015 to consider the application for VAR 14-1. At this meeting, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site consists of a 3,250 sq. ft. parcel developed with a one- story single family residence and two car garage that is built g to the rear property line. The subject site is located on the northwest corner of the 8t Street and Ocean Avenue intersection. The subject site is surrounded by residential uses on the north, east, and west, with open space across Ocean Avenue to the south. The subject property is located in the RHD-20 (Residential High Density—20) zone. B. The subject site is a lot with a unique size and configuration when compared to the surrounding properties in -the RHD-20 zone. Most of -the surrounding properties consist of lots that range from 25 to 50 feet in width and 110 to 117 feet in length and abut an alley at the rear. The subject site has property dimensions of 50 feet in width by 65 feet in depth and does not abut an alley at the rear. C. The Seal Beach Municipal Code (SBMC §11.2.05.015) requires all properties in the RHD-20 zone to provide a rear setback of 24 feet, minus the width of the alley. A majority of the alleys in old town are 15 feet wide, which typically requires a rear yard setback of 9 feet for most RHD-20 zoned properties. D. The applicant is proposing to demolish the existing structures and construct a new two-story residence with an attached two-car garage. The applicant proposes to comply with the SBMC development standards as they apply to building height, front yard setbacks, and side yard setbacks but is requesting a reduction in the required rear yard setback from 24 feet to 9 feet to maintain consistency with similarly zoned lots in the surrounding area. -1 of 3- Resolution 15-5 717 Ocean Avenue Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The variance conforms in all significant respects with the General Plan and with any ordinances adopted by the City Council. The General Plan Land Use Map designates the subject property as Residential High Density and the subject site is consistent with the residential density for the area. The density requirements in the RHD-20 zone permit one residential unit on the subject site, which is what the applicant is proposing to provide, a two-story single family residence with an attached two-car garage. The applicant's proposal for a new single family residence complies with all development standards set by SBMC §11.2.05.015, with the exception of the requested rear yard setback reduction. B. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification. Residential properties in the RHD-20 zone have a typical lot depth of 110-117 feet and are abutted by an alley at the rear of the property. Typical lots in the RHD-20 are abutted by 15 foot wide alleys which are credited toward the required rear yard setback resulting in an average rear setback of 9 feet. The subject site, however, has a unique size and configuration in that it has a lot depth of only 65 feet and it is not abutted by an alley at the rear of the property. The strict application of the Zoning Code would deprive the subject property of a build-able area that is available to surrounding properties in the RHD-20 zone. C. The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The applicant is requesting a reduction in the required rear yard setback from 24 feet to 9 feet so that the setback will be consistent with the rear yard setback applicable to surrounding residential properties in the RHD-20 zone. The variance request is for a 9 foot setback, the average setback in the RHD-20 zone, the applicant is no*t seeking a special privilege or reduction beyond what is applicable to surrounding properties in the WTID- 20 zone. D. Authorization of the variance substantially meets the intent and purpose of the zoning district in which the property is located and will not be detrimental to the health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the City. The subject site is located in the RHD-20 zone which is developed with a mix of single family and multi-family residences. The applicant is proposing to construct a new two- story single family residence on the subject site which will be consistent with surrounding properties. The applicant's proposal will comply with all development standards required by the Seal Beach Municipal Code, with the exception of the requested reduction in the rear yard setback. Section 5. Based upon the foregoing, the Planning Commission hereby approves VAR 14-1 subject to the conditions listed below: 1. Variance 14-1 is approved to permit a reduction in the required rear yard setback from 24 feet to 9 feet in the RHD-20 (Residential High Density-20) zone. 2. The applicant must obtain all necessary Building Permits for the proposed two-story single family residence and attached garage. -2 of 3- Resolution 15-5 717 Ocean Avenue 3. The applicant must obtain approval from the California Coastal Commission prior to submitting for Building Plan Check. 4. This Variance shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 5. A modification of this Variance must be applied for when the applicant proposes to modify any of its current Conditions of Approval or there is a substantial change in the proposed site plan. 6. The Planning Commission reserves the right to revoke or modify this Variance if any violation of the approved conditions occurs, or any violation of the Code of the City of Seal Beach occurs. 7. This Variance shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to written request for extension submitted to the Community Development Department a minimum of ninety days prior to such expiration date. 8. 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 Conditional 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 Seal Beach Planning Commission at a meeting thereof held on February 17, 2015, by the following vote: AYES: Commissioners NOES: Commissioners ABSEW: ,- Commissioners �r aAA- ABSTAIN: Commissioners Steven Sloan, A EST: Chairperson Jim Basham . PlanniriglCommissio' n Secretary -3 of 3-