HomeMy WebLinkAboutPC PKT 11-2-2015 CITY OF SEAL BEACH
PLANNING COMMISSION AGENDA
Monday, November 2, 2015 — 7:00 p.m.
City Council Chambers
211 Eighth Street
Seal Beach. CA 90740
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District 1 — Deb Machen — Vice Chair
District 2 — Esther Cummings — Chair
District 3 — Michael Thomas
District 4 — Patty Campbell
District 5 — Mariann Klinger
Department of Community Development
Jim Basham, Director
Crystal Landavazo, Senior Planner
Steven Fowler, Assistant Planner
Amy Greyson, Assistant City Attorney
• City Hall office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Closed
noon to 1:00 p.m.
• The City of Seal Beach complies with the Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting at (562) 431-2527.
• Planning Commission meetings are broadcast live on Seal Beach TV3 and on the
City's website (www.sealbeachca.gov). Check the SBTV3 schedule for
rebroadcast of meeting — meetings are available on-demand on the website.
• DVDs of Planning Commission meetings may be purchased from Seal Beach TV3
at a cost of $15 per DVD. Telephone: (562) 596-1404.
J Copies of staff reports and/or written materials on each agenda item are available
for public inspection in City libraries or on the City website at:
http://sealbeachca.suiteonemedia.com/web/home.aspx
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order
of the items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planning
Commission on tonight's agenda may do so during this time period. The
Planning Commission may also allow the public to address any other matters
within the subject matter jurisdiction of the Planning Commission. No action can
be taken by the Planning Commission on these communications on this date,
unless agendized.
CONSENT CALENDAR: Consent Calendar items are considered routine items
that normally do not require separate consideration. The Planning Commission
may make one motion for approval of all the items listed on the Consent
Calendar.
SCHEDULED MATTERS: These items are considered by the Planning
Commission separately and require separate motions. These transactions are
considered administrative and public testimony is not heard.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to
speak in favor of or against agendized items. More detailed information is found
in the actual agenda attached. If you have documents to distribute, you should
have enough copies for all Planning Commissioners, City staff, and the public.
Please give one to the secretary for the City files. The documents become part
of the public record and will not be returned.
DIRECTOR'S REPORT: Updates and reports from the Director of Community
Development (Planning and Building Divisions) are presented for information to
the Planning Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All proceedings are recorded.
City of Seal Beach Planning Commission •Agenda • November 2, 2015
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
By Motion of the Planning Commission this is the time to notify the public of any
changes to the agenda, re-arrange the order of the agenda, and provide an opportunity
for any member of the Planning Commission or staff to request an item be removed
from the Consent Calendar for separate action.
ORAL COMMUNICATIONS
At this time members of the public may address the Planning Commission regarding
any items within the subject matter jurisdiction of the Commission. Pursuant to the
Brown Act, the Commission cannot discuss or take action on any items not on the
agenda unless authorized by law. Those members of the public wishing to speak are
asked to come forward to the microphone and state their name for the record. All
speakers will be limited to a period of 5 minutes.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of October 5, 2015.
SCHEDULED MATTERS
NEW BUSINESS
PUBLIC HEARING
2. Conditional Use Permit (CUP) 15-8
1041 Pacific Coast Highway
Applicant: Joseph Barbara
Property Owner: Columbia Regency Retail Partners, LLC
Request: Conditional Use Permit 15-8 requesting to allow a restaurant to
serve beer and wine with a Type 41 (On-Sale Beer and Wine)
alcohol license within the General Commercial (GC) zoning area.
Recommendation: Staff recommends that the Planning Commission continue CUP
15-8 to the meeting of November 16, 2015, as requested by the
applicant on October 27, 2015.
City of Seal Beach Planning Commission •Agenda • November 2. 2015
3. Variance (VAR) 15-1 & Minor Use Permit (MUP) 15-13
131 14th Street
Applicant: Bruce Boehm
Request: Variance (VAR 15-1) to permit a reduction of the required front
yard setback on a rectangular shaped lot and request for Minor
Use Permit (MUP15-13) to allow the enlargement of two front
entry doors and reconfiguration of the front exterior stairway at
an existing multi-unit residential property that is nonconforming
due to parking, density and front yard setback located within the
Residential High Density (RHD-20) zoning
Recommendation: After conducting the Public Hearing, staff recommends that the
Planning Commission adopt Resolution No. 15-25, DENYING
Variance 15-1 and Minor Use Permit 15-13.
DIRECTOR'S REPORT
COMMISSION CONCERNS
ADJOURNMENT
Adjourn the Planning Commission to Monday, November 16, 2015 at 7:00 p.m.
2015 Agenda Forecast
Nov 16 CUP 15-8 Request for ABC License
Dec 7 CUP 15-5 Replace existing carwash on an existing service station site
/e� 5EA(@ ITEM NUMBER
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PLANNING COMMISSION
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c'ljzoR av STAFF REPORT
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: November 2, 2015
SUBJECT: APPROVAL OF MINUTES
RECOMMENDATION: Approve the minutes for the Planning Commission
meeting held on October 5, 2015.
Prepared by: A •• .ved by:
ciV-4.) IC-Iry
Tina Knapp im Basham
Executive Assistant i'irector of Community Development
Attachment:
1. Minutes
City of Seal Beach — Planning Commission
October 5, 2015
Vice Chair Cummings called the regular meeting of the Planning Commission to
order at 7:00 p.m. in the City Council Chambers and Commissioner Machen led
the Salute to the Flag.
ROLL CALL
Present: Commissioners: Machen, Cummings, Thomas, Campbell, Klinger
Staff Present: Jim Basham, Director of Community Development
Amy Greyson, Assistant City Attorney
Crystal Landavazo, Senior Planner
Steven Fowler, Assistant Planner
Tina Knapp, Acting City Clerk
Vice Chair Cummings thanked Steve Sloan for his service on the Planning
Commission.
APPROVAL OF AGENDA
With no objections, Vice Chair Cummings so ordered the approval of the agenda,
as presented.
ORAL COMMUNICATIONS
Vice Chair Cummings opened oral communications. There being no speakers,
Vice Chair Cummings declared oral communications closed.
CONSENT CALENDAR
Vice Chair Cummings indicated that revised minutes are on the dais for
consideration. The Assistant City Attorney advised that, due to new
appointments to the Planning Commission, the best course of action was to
accept and file the minutes of September 8, 2015. Vice Chair Cummings so
ordered that the meeting minutes of September 8, 2015 be accepted and filed.
1 . Approve the Planning Commission Meeting Minutes of
September 8, 2015.
SCHEDULED MATTERS
2. Reorganization of Planning Commission — Election of new Chairperson
and Vice-Chairperson for 2015.
Vice Chair Cummings conducted the selection of a new Chair asking for
nominations: Campbell nominated Esther Cummings, second by Machen.
There were no other nominations. The Vice Chair closed nominations.
Page 2 — Planning Commission 10/5/15
AYES: Machen, Cummings, Thomas, Campbell, Klinger
NOES: None Motion carried
Chair Cummings conducted the selection of Vice Chair asking for nominations:
Thomas nominated Deb Machen, second by Chair Cummings. There were no
other nominations. The Chair closed nominations.
AYES: Machen, Cummings, Thomas, Campbell, Klinger
NOES: None Motion carried
NEW BUSINESS
3. Minor Use Permit (MUP) 15-14 1413 Ocean Avenue
Applicant: Ken Greenberg
Property Owner: Ken Greenberg
Request: Minor Use Permit 15-14 requesting to allow removal of
an interior wall and replace existing garage doors within
a three-car garage that is located on a property that is
nonconforming due to density, setbacks, and parking in
the RHD-20 (Residential High Density) zoning area.
Recommendation:After reviewing the application, staff recommends that
the Planning Commission adopt Resolution No. 15-23.
approving Minor Use Permit 15-14 with Conditions.
Steve Fowler, Assistant Planner, presented the staff report on this item.
Campbell moved. second by Klinger, to adopt Resolution No. 15-23, entitled "A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL
BEACH APPROVING MINOR USE PERMIT 15-14 TO ALLOW REMOVAL OF
AN INTERIOR WALL WITHIN A DETACHED THREE-CAR GARAGE LOCATED
ON A PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS,
DENISTY, AND PARKING IN THE RHD-20 (RESIDENTIAL HIGH DENSITY-20)
ZONE AT 1413 OCEAN AVENUE."
AYES: Machen, Cummings, Thomas, Campbell, Klinger
NOES. None Motion carried
The Assistant City Attorney advised that the adoption of Resolution No. 15-23
approving MUP 15-14 is the final decision of the Planning Commission. There is
a 10-day appeal period to the City Council and the appeal period begins
October 6, 2015.
Page 3 — Planning Commission 10/5/15
PUBLIC HEARING
4. Partial Street Vacation
Southwest Corner of First Street and Marina Drive Intersection
Applicant: City of Seal Beach
Request: Review to make findings that the proposed partial street
vacation of a portion of First Street at the southwest
intersection of Marina Drive and First Street and located
in the SPR-DWP (Specific Plan Regulation) zoning area
is in conformity with the City's adopted General Plan.
Recommendation: After conducting the Public Hearing, staff recommends
that the Planning Commission adopt Resolution No. 15-
24, making a finding of conformity with the City's
adopted General Plan.
Jim Basham, Director of Community Development, introduced this item and
provided a review of activity pertaining to this property. Michael Ho, City
Engineer, provided the staff report for this item.
Chair Cummings opened the public hearing. There being no speakers, Chair
Cummings closed the public hearing.
Machen moved, second by Campbell, to adopt Resolution No. 15-24, entitled "A
RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION FINDING
THAT THE PROPOSED VACATION OF A PORTION OF FIRST STREET
LOCATED AT THE SOUTHWEST CORNER OF THE FIRST STREET AND
MARINA DRIVE INTERSECTION IS IN CONFORMITY WITH THE CITY'S
ADOPTED GENERAL PLAN."
AYES: Machen, Cummings, Thomas, Campbell, Klinger
NOES: None Motion carried
The Assistant City Attorney advised that there is no appeal period relative to this
item.
DIRECTOR'S REPORT
Director of Community Development Jim Basham indicated that a flash drive was
provided on the dais for each Commissioner and it contains a variety of useful
information, such as materials related to the Brown Act. Director Basham also
indicated that information about the Planning Officials Forum is on the dais and
invited two Commissioners, especially the two newest Commissioners, to attend
the forum. It was determined that Vice Chair Machen and Commissioner Klinger
would attend the forum.
COMMISSION CONCERNS
Chair Cummings spoke about the status of the Leisure World globe.
Page 4 — Planning Commission 10/5/15
ADJOURNMENT
With no objections, Chair Cummings adjourned the Planning Commission
meeting at 7:30 p.m.
Acting City Clerk
Approved:
Vice Chair
Attest:
Acting City Clerk
PLANNING COMMISSION NUM ER
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STAFF REPORT 2
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TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: NOVEMBER 2, 2015
SUBJECT: PUBLIC HEARING
CONDITIONAL USE PERMIT 15-8 REQUESTING TO
ALLOW A RESTAURANT TO SERVE BEER AND WINE
WITH A TYPE 41 (ON-SALE BEER AND WINE)
ALCOHOL LICENSE WITHIN THE GENERAL
COMMERCIAL (GC) ZONING AREA.
LOCATION: 1041 PACIFIC COAST HIGHWAY
APPLICANT: Joseph Barbara
RECOMMENDATION: Staff recommends that the Planning Commission
CONTINUE CUP 15-8 to the meeting of November 16,
2015, as requested by the applicant on October 27, 2015.
'��.�F-s�A�•eeq, PLANNING COMMISSION
.. mac; ITEM NUMBER
;Ci—' = STAFF REPORT 3
i\c:14,F061:"--
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: November 2, 2015
SUBJECT: NEW BUSINESS
REQUEST FOR VARIANCE (VAR 15-1) TO
PERMIT A REDUCTION OF THE REQUIRED
FRONT YARD SETBACK ON A
RECTANGULAR SHAPED LOT AND
REQUEST FOR MINOR USE PERMIT
(MUP15-13) TO ALLOW THE
ENLARGEMENT OF TWO FRONT ENTRY
DOORS AND RECONFIGURATION OF THE
FRONT EXTERIOR STAIRWAY AT AN
EXISTING MULTI-UNIT RESIDENTIAL
PROPERTY THAT IS NONCONFORMING
DUE TO PARKING, DENSITY AND FRONT
YARD SETBACK LOCATED WITHIN THE
RESIDENTIAL HIGH DENSITY (RHD-20)
ZONING
LOCATION: 131 14th STREET
APPLICANT: BRUCE BOEHM
RECOMMENDATION: Staff recommends that the Planning
Commission adopt Resolution No. 15-25,
DENYING Variance 15-1 and Minor Use
Permit 15-13.
Variance 15-1 & MUP 15-13
131 14th Street
ENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY
ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY — 20)
SITE DESCRIPTION:
Assessor's Parcel Number: 199-018-33
Lot Area: 2,937.5 sq. ft.
Surrounding Properties: North: Residential
South: Residential
East: Residential
West: Residential
ENVIRONMENTAL ASSESSMENT:
This project is determined to be a Class 1 (Conversion of small structures) Categorical
Exemption pursuant to Section 15301 of the Guidelines for the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the
encroachment of an reconfigured exterior stair case into the front yard setback, and the
enlargement of a front entry door, involving negligible or no expansion beyond the
existing use.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
October 22, 2015 and mailed to property owners and occupants within a 500' radius of
the subject property on October 22, 2015, with affidavits of publishing and mailing on
file.
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Page 2 of 4
Variance 15-1 & MUP 15-13
131 14th Street
ANALYSIS
The subject site is a rectangular shaped 2,937 sq. ft. parcel located on the west side of
14th Street between Electric Avenue and Ocean Avenue within the RHD-20 (Residential
High Density — 20) zone. The parcel is currently developed with a two-story residential
duplex at the front of the property and a separate two-story residential structure with an
attached two-car garage at the rear of the property. The subject site is surrounded by
residential uses to the north, south, east and west. The applicant submitted a request
for a Variance and Minor Use Permit to reduce the required minimum front yard setback
in order to replace an existing nonconforming staircase and replace exterior doors of the
existing two-story duplex located at the front of the subject property.
The property currently has 3 units and 2 parking spaces. The Seal Beach Municipal
Code, Table 11 .2.05.015, states that RHD-20 zoned properties are allowed one
residential unit per every 2,178 sq. ft. of land area. The subject property is
approximately 2,937.5 sq. ft. The Seal Beach Municipal Code, Table 11.4.20.015.A.1,
requires 2 off-street parking spaces per dwelling unit. The site contains two garage
spaces which make the site deficient by 4 parking spaces based on the existing need of
6 garage spaces for 3 units. The property is considered nonconforming due to density
and parking. In addition, the Seal Beach Municipal Code (SBMC §11.2.05.015) provides
minimum setback requirements for residential dwellings. In the RHD-20 zone the
minimum front yard setback is 6 ft. with a 12 ft. average. The front building on the
subject property maintains the 12 ft. average except for the existing nonconforming stair
case which has only a 1 ft. setback from the front property line including the concrete
landing. The existing staircase is considered nonconforming because it 1 ft. from the
front property line.
The applicant is proposing to widen two front doors, on the front building, from 30" to
36" and to reconstruct the existing nonconforming staircase located within the required
minimum front yard setback. In order to reconstruct the staircase the applicant is
requesting approval of a Variance to encroach into the required 6 feet minimum
setback. The applicant requests to reconstruct a new staircase that will be
approximately 4 ft. away from the front property line. The Minor Use Permit request for
replacement of exterior doors and structural alteration to a nonconforming residence is
contingent on the approval of the Variance because the applicant's proposal
encroaches within the required minimum front yard setback.
Staff believes compliance with the residential development standards would not create
a hardship for the property and there are no unique characteristics or circumstances
applicable to the property such as unique size, configuration or topography that would
warrant a variance.. Existing development on the subject site would allow the proposed
staircase to comply with applicable development standards in order to provide access to
the second floor unit without encroaching into the minimum front yard setback. The
applicant submitted a design that would comply with the setback requirements but the
applicant is seeking approval for an alternate design that does not meet minimum
setback requirements and requires approval of a Variance. To demonstrate this, sheet
A1 .0 of the attached project architectural plans show the existing staircase, the
proposed L-shaped staircase design that requires approval of a Variance, and the U-
shaped staircase design that meets all setback requirements.
Page 3 of 4
Variance 15-1 & MUP 15-13
131 14th Street
The Seal Beach Municipal Code (SBMC §11 .5.20.005.C) gives the Planning
Commission authority to grant a Variance subject to such conditions as will assure that
the adjustment thereby authorized shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone district in
which the property is situated. Staff believes a variance is not warranted in this
circumstance. The application of the residential setback requirements would not create
an undue hardship because the lot's size and shape is similar to other lots in the
vicinity. The required setbacks would not deprive the applicant of the ability to enjoy the
same privileges as other property owners within the same vicinity and under the same
zone as there are other design options that can be utilized that do not require a
variance.
There are no unique circumstances applicable to the property. The request to reduce
the minimum front yard setback from 6 feet to 4 feet is a request for a special privilege
that is inconsistent with other properties in the RHD-20 zone because most properties in
the RHD-20 zone provide at least the minimum front yard setback of 6 feet. The
applicant's request is inconsistent with the RHD-20 zone in which it is located because
the proposal includes relocating a nonconforming stairway to an area that will continue
to encroach into the minimum front yard setback.
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt the attached Resolution No. 15-25 denying VAR 15-1 and
denying Minor Use Permit 15-13 to permit the reduction of the required minimum front
yard setback, enlargement of two front entry doors, and reconfiguration of the front
exterior stairway on a rectangular shaped lot in the RHD-20 zone.
Prepared by:
()/
Steve Fowler Ji lirBasham
Assistant Planner—Community Development D ector of Community Development
Attachments:
1 . Resolution No. 15-25 — A Resolution of the Planning Commission of the City of
Seal Beach, denying Variance 15-1, to permit a reduction of the required rear
yard setback on rectangular shaped lot and denying Minor Use Permit 15-13 to
permit the reduction of the required minimum front yard setback and the
enlargement of two front entry doors and reconfigure the front exterior stairway in
the RHD-20 (Residential High Density — 20) zone.
2. Project Architectural Plans
Page 4 of 4
RESOLUTION NO. 15-25
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION DENYING VARIANCE 15-1 AND MINOR
USE PERMIT (MUP15-13) TO PERMIT A REDUCTION
OF THE REQUIRED MINIMUM FRONT YARD
SETBACK ON A RECTANGULAR SHAPED LOT,
ENLARGEMENT OF TWO FRONT ENTRY DOORS
AND RECONFIGURATION OF THE FRONT
EXTERIOR STAIRWAY AT AN EXISTING MULTI-UNIT
RESIDENTIAL PROPERTY THAT IS
NONCONFORMING DUE TO PARKING, DENSITY
AND FRONT YARD SETBACK LOCATED WITHIN THE
RESIDENTIAL HIGH DENSITY (RHD-20) ZONING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. Bruce Boehm ("the applicant"), submitted an application to the City of
Seal Beach Department of Community Development for Variance (VAR) 15-1 to encroach 2
feet into the required minimum front yard setback on a rectangular shaped lot and Minor Use
Permit (MUP) 15-13 to relocate a staircase and widen two front entry doors from 30 inches to
36 inches at 131 14th Street within the RHD-20 (Residential High Density — 20) zone.
Section 2. This project is determined to be a Class 1 (Conversion of small
structures) Categorical Exemption pursuant to Section 15301 of the Guidelines for the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the
permitting of the encroachment of an reconfigured exterior stair case into the front yard
setback, and the enlargement of a front entry door, involving negligible or no expansion
beyond the existing use.
Section 3. A duly noticed meeting was held before the Planning Commission on
November 2, 2015 to consider the application for VAR 15-1 and MUP 15-13. 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 2,937.5 sq. ft. parcel developed with a two-
story residential duplex and a separate two-story residential structure with an attached two-
car garage at the rear of the property. The subject site is located on the west side of 14th
Street between Electric Avenue and Ocean Avenue. The subject site is surrounded by
residential uses on the north, south. east, and west. The subject property is located in the
RHD-20 (Residential High Density — 20) zone.
B. The subject site is a rectangular shaped lot with no unique size or
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 as does the subject site.
C. The Seal Beach Municipal Code (SBMC §11.2.05.015) requires all
properties in the RHD-20 zone to provide a minimum front yard setback of 6 feet with a 12
foot average.
-1 of 3-
Resolution 15-25
131 1er Street
D. The applicant is proposing to widen two front doors from 30 inches to 36
inches and to reconstruct the existing nonconforming staircase located within the minimum
front yard setback by relocating the new staircase to within 4 feet of the front property line
instead of the required 6 foot minimum.
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 does not conform in all significant respect 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 not
consistent with the residential density for the area. The density requirements in the RHD-20
zone permit one residential unit on the subject site, and the site currently contains 3 units.
Also the site requires 2 off-street parking spaces per dwelling unit. The site contains two
garage spaces which make the site deficient by 4 parking spaces based on the existing need
of 6 garage spaces for 3 units. The applicant's proposal to relocate the stair case does not
comply with the minimum front yard setback requirement set by SBMC §11.2.05.015.
B. There are no special circumstances applicable to the property, including
size, shape, topography, location or surroundings, and application of the Zoning Code does
not deprive the subject property of privileges enjoyed by other properties 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 maintain an average front yard setback of 12 feet and a minimum
front yard setback of 6 feet. The subject site has no unique characteristics such as size,
configuration or topography that make this lot different than others in the same zoned area.
Application of the Zoning Code development standards would not deprive the subject
property of a staircase to access the existing second floor unit. The applicant has an alternate
configuration to replace the exterior staircase that would meet the required front yard setback
but has instead chosen to request a Variance to encroach two feet into the required minimum
front yard setback.
C. The variance does 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 minimum front
yard setback from 6 feet to 4 feet in order to relocate a staircase that would encroach into the
minimum front yard setback by 2 feet. This would not be consistent with the minimum front
yard setback applicable to surrounding residential properties in the RHD-20 zone. The
applicant is seeking a special privilege or reduction beyond what is applicable to surrounding
properties in the RHD-20 zone. The applicant has provided an alternate staircase design that
would comply with the required front yard setback but has instead chosen to seek a Variance
from the front yard setback requirements. This is a request for a special privilege because
there are no physical characteristics that would prevent relocating the staircase to meet
current code requirements.
D. Authorization of the variance does not substantially meet the intent and
purpose of the zoning district in which the property is located but 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 relocate the
-2 of 3-
Resolution 15-25
131 14"' Street
staircase within the minimum front yard setback area. This will not be consistent with
surrounding properties. The applicant's proposal will not comply with all development
standards required by the Seal Beach Municipal Code.
Section 5. Based upon the foregoing, the Planning Commission hereby denies
Variance 15-1 and Minor Use Permit 15-13 as the findings for the Variance and Minor Use
Permit cannot be made.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on November 2, 2015, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Esther Cummings,
ATTEST: Chairperson
Jim Basham
Planning Commission Secretary
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