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HomeMy WebLinkAboutAgenda Packet_10182021CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 18 October 2021 — 7:00 PM /_TM0161 LT, ILTi 16'1+9If] z14z&T-11zIII&IEllaATA IM:7_1:AIN1:7_11940F_`944x0101ZIa4N4k,[a]= :..OF SEAQ , INCORPORATED 1 im District 1 — Steve Miller - Chair District 2 — Ronde Winkler - Vice Chair District 3 — Michael Thomas District 4 — Patty Campbell District 5 — Mariann Klinger Department of Community Development Barry Curtis, Interim Community Development Director Art Bashmakian, Interim Senior Planner Marco Cuevas Jr., 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. sea Ibeach ca. 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. • 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: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN PLANNING COMMISSION MEETING Pursuant to Government Code section 54953(e), a proclaimed state of emergency and recommended State and and guidance regarding public gatherings during the COVID-19 public health emergency, all participation in the above -referenced Meeting will be by teleconference for the Members of the Planning Commission, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. The City will continue to review these measures and determine whether meeting in person would continue to present imminent risks to the health or safety of attendees. PUBLIC COMMENT AND PUBLIC HEARING: Members of the public may submit comments on any item on this Planning Commission meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices- Meeting-Videos/Council-Commission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Planning Commission. Email comments received after that time will be posted on the City's website and forwarded to the Planning Commission after the meeting. Those members of the public wishing to call in for comment during the meeting can join the Zoom meeting from any electronic device by clicking the following link: https://us02web.zoom.us/-0/88173611540. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters who are not applicants will be allotted five (5) minutes to address the Commission. The ability to comment will be disabled when your allotted time has expired. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER 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, rearrange 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. PUBLIC COMMUNICATIONS At this time members of the public may address the Commission regarding the items on this Planning Commission agenda. 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 provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.seaIbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings before 6 pm on October 18, 2021. Comments provided via email by 6pm will be distributed to the Planning Commission and posted on the City website for review by the public. Email comments received after that time will be posted on the City's website and forwarded to the Planning Commission after the meeting. Any documents for review should be sent to the City Clerk prior to the meeting for distribution. Those members of the public wishing to call in can join the Zoom Meeting from any electronic device by clicking on the following link: https://us02web.zoom.us/j/88173611540. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters who are not applicants will be allotted five (5) minutes to address the Commission. The ability to comment will be disabled when your allotted time has expired. CONSENT CALENDAR A. Minutes C016P►kI1►01411k94LTi SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B. Variance 21-1 215 1 st Street Applicant: Terry Bayer Request: Request for Variance (VAR 21-1) to allow a reduction to the front and side yard distance set back requirements to install a hot tub/spa on an irregularly shaped lot in the Specific Plan Regulation — Department of Water and Power (SPR-DWP) zone area. Recommendation: After conducting the Public Hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 21-10 approving VAR 21-1 with Conditions. COMMISSION CONCERNS DIRECTOR'S REPORT ADJOURNMENT Adjourn the Planning Commission to Monday, November 1, 2021 at 7:00 p.m. rF Ea`eFq�y PLANNING COMMISSION F STAFF REPORT gCIFORNMP DATE: October 18, 2021 TO: Planning Commission THRU: Gloria D. Harper, City Clerk FROM: Barry Curtis, Interim Community Development Director SUBJECT: Approval of the October 4, 2021 Planning Commission Minutes RECOMMENDATION: Approve the minutes of the Planning Commission meeting held on October 4, 2021 Prepared by: Gloria D. Harper Gloria D. Harper City Clerk Attachments: Approved by: Barry Curtis Barry Curtis Interim Community Development Director 1. October 4, 2021 Planning Commission Minutes City of Seal Beach — Planning Commission October 4, 2021 Chair Miller called the regular meeting of the Planning Commission to order at 7:00 p.m. via Teleconference. ROLL CALL Present: Commissioners: Miller, Winkler, Klinger, Thomas, Campbell Absent: None Staff Present: Isra Shah, Assistant City Attorney Barry Curtis, Interim Community Development Director Marco Cuevas, Jr., Assistant Planner Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk APPROVAL OF AGENDA Motion by Thomas, second by Klinger to approve the Agenda AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried PUBLIC COMMUNICATIONS Chair Miller opened public communications. City Clerk Harper announced that 34 emailed comments were received. Speakers: None. Chair Miller closed public communications. CONSENT CALENDAR A. Approval of September 7, 2021 Minutes. APPROVAL OF CONSENT CALENDAR Motion by Klinger, second by Miller to approve the Consent Calendar. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried CONTINUED ITEMS — None E•Yy7121911112191& /Gra121:� R0111101=9 PUBLIC HEARING B. Minor Use Permit 21-2 B84 Surfside Ave Applicant: Mark Wheeler Request: Request for Minor Use Permit (MUP 21-2) to permit a covered roof access structure to exceed the maximum roof height by 4 feet 6 inches on an existing single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-10, APPROVING Minor Use Permit 21-2 with Conditions. Assistant Planner Marco Cuevas, Jr., provided a comprehensive staff report and indicated that correspondence was received regarding the project. Questions from Commissioner Thomas were answered by Assistant Planner Marco Cuevas, Jr. and Interim Community Development Director Barry Curtis. Chair Miller opened the public hearing. City Clerk Harper announced that four (4) emailed comments from September 7, 2021 were received; and, one (1) emailed comment from October 4, 2021 was received. Speakers: No speakers. Chair Miller closed the public hearing Motion by Winkler, second by Thomas that the Planning Commission open the public hearing regarding Minor Use Permit 21-2 with Conditions. AYES: Miller, Thomas, Klinger, Campbell, Winkler NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Shah noted that this item has a ten-day appeal period. C. Conditional Use Permit 21-3 1025 Pacific Coast Highway Applicant: Ribeye Restaurant Group, LLC Request: Request for Conditional Use Permit (CUP 21-3) to allow an existing restaurant Use with an existing beer and wine alcohol license to upgrade to a Type 47 (On -Sale General) alcohol license located at 1025 Pacific Coast Highway within the Seal Beach Center in the Service Commercial (SC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-13, APPROVING Conditional Use Permit 21-3 with Conditions. Interim Community Development Director Barry Curtis announced that Commissioner Thomas requested to be recused from the meeting for this item. Commissioner Thomas requested to be recused due to the proximity of the property to his resident. Assistant Planner Marco Cuevas, Jr., provided a comprehensive staff report and indicated that no correspondence was received regarding the project. Questions from Commissioner Winkler were answered by Assistant Planner Marco Cuevas, J r. Chair Miller opened the public hearing. City Clerk Harper announced that 29 emailed comments were received in support of this item. Speaker: Christian Ziegler. Chair Miller closed the public hearing. Motion by Klinger, second by Miller that the Planning Commission open the public to adopt Resolution No. 21-13 Conditional Use Permit 21-3 with Conditions. AYES: Miller, Klinger, Campbell, Winkler NOES: None ABSENT: None ABSTAIN: Thomas Motion Carried Assistant City Attorney Shah noted that this item has a ten-day appeal period. DIRECTOR'S REPORT Interim Community Development Director Barry Curtis announced that interviews are ongoing and that the City Manager will be selecting a permanent Community Development Director in the next week or so. He indicated that staff will be bringing forward a Variance at the next meeting. He announced that the Car Show would take place on Saturday, October 9t". Lastly, he indicated that the with the recent oil spill in Orange County, the City of Seal had not been impacted to date. He provided a website address for the Commissioners and the public to visit for updates and/or to sign up for updates regarding the oil spill. The website address is www.socalspillresponse.com. COMMISSION CONCERNS Commissioners Winkler indicated that members of Leisure World community shared that they are enjoying the new park. She also inquired about the status of the restaurant at the end of 1St Street. Interim Community Development Director indicated that building permits had been issued and that the owners were working on the bonds and will start to pay rent 120 days after the issuance of the permits. Chair Miller inquired about resuming in-person meetings. City Clerk Harper indicated that there has not been a time certain to return to in-person meeting and that teleconference meetings will continue until we get direction from the City Manager. ADJOURNMENT Chair Miller adjourned the Planning Commission meeting at 7:38 p.m. to Monday, October 18, 2021 at 7:00 p.m. Approved: Attest: Steve Miller, Chair Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE: October 18, 2021 TO: Planning Commission THRU: Barry Curtis, AICP, Interim Community Development Director FROM: Marco Cuevas Jr., Assistant Planner SUBJECT: Request for Variance (VAR 21-1) to allow a reduction to the front and side yard distance (setback) requirements to install a hot tub/spa on an irregularly shaped lot in the Specific Plan Regulation — Department of Water and Power (SPR-DWP) zone area. LOCATION: 215 1 st Street APPLICANT: Terry Bayer RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-16, APPROVING Variance 21-1 with Conditions. GENERAL PLAN RESIDENTIAL LOW DENSITY DESIGNATION: ZONE: SPR-DWP (SPECIFIC PLAN REGULATION — DEPARTMENT OF WATER AND POWER) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 199-214-01 LOT AREA: 5,318 sq. ft. GROSS FLOOR AREA: 4,600 sq. ft. SURROUNDING PROPERTIES: NORTH: Residential High Density (RLD-33) SOUTH: Beach (BEA) EAST: Residential High Density (RHD -20) WEST: Service Commercial (SC) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (New Construction or 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 an accessory (appurtenant) structure in a residential zone. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday October 7, 2021 and mailed to property owners and occupants within a 500 - foot radius of the subject property on October 7, 2021, with affidavits of publishing and mailing on file. VR -11111 1 1 IYI/1r. Citc of Sri] Beach ANAI YRIR A r-r%l w I ww w r%_ The applicant and property owner, Terry Bayer, ("the applicant") filed an application with the Community Development Department for Variance 21-1 requesting approval to reduce the front and side yard distance setback to allow the installation of a hot tub/spa (and related equipment) on an existing residential property. The subject site is an irregularly shaped 5,318 -square -foot parcel located on the southwesterly corner of Marina Drive and 1St Street within the SPR-DWP (Specific Plan Regulation -Department of Water and Power) zone. The parcel was developed as a part of the Ocean Place residential development and is currently developed with a two-story, single-family residence with an attached three -car garage. The subject site is surrounded by residential uses to the north and east, with a commercial use and the San Gabriel River to the west, and the beach to the south. The applicant is proposing to install a hot tub/spa within the street facing side yard portion along Marina Drive. According to the Seal Beach Municipal Code (SBMC §11.6.05.010) the front property line on a corner lot is the line adjacent to the street with the shortest frontage. Therefore, the front property line for the subject property is along 1St Street. The Seal Beach Municipal Code (SBMC §11.4.10.030) also provides location and minimum distance requirements from a lot line to the nearest point of a pool or hot tub to be as follows: The subject site is an irregularly shaped lot located on the southwesterly corner of 1st Street and Marina Drive and abuts an alley to the west. The front entrance to the residence is located along Marina Drive near the rear of the property adjacent to the garage. The property is adjacent to other conventional shaped lots constructed with two- story residences. Although the subject property is one of the largest in the Ocean Place development, it has distinct characteristics which make it unique to the other surrounding properties. The subject corner property features an HOA (Homeowners Association) landscaped frontage common area approximately 15 feet 6 inches in width and 65 feet in length along the frontage on Marina Drive. This area has a sloping grade and is intended to be used and maintained as a landscaped frontage providing a buffer between the sidewalk along Marina Drive and the residence. Functionally, this common landscaped area alone far surpasses the intent of the zoning code with respect to maintaining distances between the public right-of-way and private use/spaces. The code also requires pools/spas to be 50 feet from the front property line. Staff believes the general intent of the code is to direct development of appurtenant structures out of private front yard areas. In this case, the proposed hot tub/spa is proposed deep into the side yard of the subject property. Additionally, staff is maintaining a list of proposed zoning code cleanup items to bring to forward in the coming months. Unless the Commission disagrees, staff intends to include reconsideration of the front yard setback requirement for pools/spas in a manner that would specifically address the intent to not have such facilities within residential front yards. The proposed addition of the 8 -foot -diameter hot tub/spa would be a minimal addition to the property and would be required to provide a landscaped privacy buffer between the hot tub and fence in compliance with the zoning code. The spa edge will be approximately 21 feet from the public sidewalk and will not be visible from the street due to the concrete wall presently on the property and by additional landscaping to be installed. In addition, all plumbing will run below ground and all related mechanical equipment will be hidden from view and be installed within a vault space below ground significantly attenuating any Front and Street Side Lot Line Rear and Side Lot Line (not along District street Residential 50 feet — Front 4 feet 10 feet — Street Side The subject site is an irregularly shaped lot located on the southwesterly corner of 1st Street and Marina Drive and abuts an alley to the west. The front entrance to the residence is located along Marina Drive near the rear of the property adjacent to the garage. The property is adjacent to other conventional shaped lots constructed with two- story residences. Although the subject property is one of the largest in the Ocean Place development, it has distinct characteristics which make it unique to the other surrounding properties. The subject corner property features an HOA (Homeowners Association) landscaped frontage common area approximately 15 feet 6 inches in width and 65 feet in length along the frontage on Marina Drive. This area has a sloping grade and is intended to be used and maintained as a landscaped frontage providing a buffer between the sidewalk along Marina Drive and the residence. Functionally, this common landscaped area alone far surpasses the intent of the zoning code with respect to maintaining distances between the public right-of-way and private use/spaces. The code also requires pools/spas to be 50 feet from the front property line. Staff believes the general intent of the code is to direct development of appurtenant structures out of private front yard areas. In this case, the proposed hot tub/spa is proposed deep into the side yard of the subject property. Additionally, staff is maintaining a list of proposed zoning code cleanup items to bring to forward in the coming months. Unless the Commission disagrees, staff intends to include reconsideration of the front yard setback requirement for pools/spas in a manner that would specifically address the intent to not have such facilities within residential front yards. The proposed addition of the 8 -foot -diameter hot tub/spa would be a minimal addition to the property and would be required to provide a landscaped privacy buffer between the hot tub and fence in compliance with the zoning code. The spa edge will be approximately 21 feet from the public sidewalk and will not be visible from the street due to the concrete wall presently on the property and by additional landscaping to be installed. In addition, all plumbing will run below ground and all related mechanical equipment will be hidden from view and be installed within a vault space below ground significantly attenuating any noise produced. This proposal has also been reviewed and approved by the Ocean Place Design Review Committee. The strict application of the City's development standards would create a hardship due to the unique size and configuration of the lot. By applying the strict application of the setback requirements, the lot would not be able to accommodate the installation of a hot tub/spa. The Seal Beach Municipal Code (SBMC §11.5.20.005.C) gives the Planning Commission authority to grant a Variance subject to such conditions that 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 warranted in this circumstance. The strict application of the City's distance requirements would create an undue hardship because of the lot's unique size and irregular shape and the unique circumstance created by the common area landscape lot adjacent to the side property line. The required distance requirements would deny the applicant the ability to enjoy the same privileges as other property owners within the same vicinity and residential zone. Due to the unique circumstance applicable to the property, the request to reduce the front yard distance setback requirement from 50 feet to 25 feet and the street facing side yard distance requirement from 10 feet to 4 feet is not a request for special privileges inconsistent with the limitations upon other properties in residential neighborhoods. The applicant's request is consistent with other residential zones because the proposal includes providing hardscape and landscaped privacy barriers that are compliant with the provisions of the zoning code. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 21-10 approving VAR 21-1 to allow a reduction of the front and side yard setbacks to install a hot tub/spa on an irregularly shaped lot at 215 1 st Street. Prepared by: Marco Cuevas Jr. Marco Cuevas Jr. Assistant Planner Barry Curtis Barry Curtis Interim Community Development Director Attachments: 1. Resolution No. 21-10 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Variance 21-1, to allow a reduction of the front and side yard setbacks to install a hot tub/spa on an irregularly shaped lot at 215 1St Street. 2. Project architectural plans. RESOLUTION NO. 21-16 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 21-1 TO ALLOW A REDUCTION TO THE FRONT AND SIDE YARD DISTANCE REQUIREMENTS TO INSTALL A HOT TUB/SPA ON AN IRREGULARLY SHAPED LOT WITHIN THE SPECIFIC PLAN REGULATION — DEPARTMENT OF WATER AND POWER (SPR-DWP) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Terry Bayer ("the applicant") and ("the owner"), submitted an application to the City of Seal Beach Department of Community Development for Variance (VAR) 21-1 to reduce the required front and side yard distance requirements for a hot tub/spa on a lot with an irregular shape/configuration at 215 1St Street within the SPR-DWP (Specific Plan Regulation — Department of Water and Power) zone. Section 2. This project is determined to be a Class 3 (New Construction or 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 an accessory (appurtenant) structure in a residential zone. Section 3. A duly noticed meeting was held before the Planning Commission on October 18, 2021, to consider the application for Variance 21-1. 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 5,318 -square -foot parcel developed with a two-story, single-family residence and three -car garage. The subject site is located on the southwesterly corner of the 1St Street and Marina Drive intersection. The subject site is surrounded by residential uses on the north, east, service commercial uses and the San Gabriel River to the west, and the beach to the south. The subject property is located in the SPR-DWP (Specific Plan Regulation — Department of Water and Power) zone. B. The subject site is a lot with an irregular shape when compared to the surrounding properties in the SPR-DWP zone area. Most of the surrounding properties consist of lots that are rectangular in shape and measure 30 feet in width and 105 feet in length and abut an alley at the rear. The subject site has property dimensions of 29.73 feet in width along 1St Street; 19.28 along the corner of 1St Street and Marina Drive; 83.71 feet in depth along the street side property line along Marina Drive; 105 feet in depth on the interior property line and a rear property line length of 66.22 feet long that abuts an alley. The subject corner property features an HOA (Homeowners Association) landscaped frontage common area approximately 15 feet 6 inches in width and 65 feet in length along the frontage on Marina Drive. This area has a sloping grade and is intended to be used and maintained as a landscaped frontage providing a buffer between the sidewalk along Marina Drive and the residence. -1 of 3- Resolution 21-16 215 1St Street C. The applicant is proposing to install a hot tub/spa within the street facing side yard portion along Marina Drive. The applicant proposes to comply with the SBMC development standards as they apply to hot tubs, including screening, landscaping, and privacy buffer areas, but is requesting a reduction in the required front yard distance from 50 feet to 25 feet and a street facing side yard distance from 10 feet to 4 feet to maintain consistency with similarly zoned lots in the surrounding area. 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 Specific Plan Regulation — Department of Water and Power and the subject site is consistent with the residential density for the area. The applicant's proposal for the installation of a hot tub/spa complies with all development standards set by SBMC §11.4.10.030, with the exception of the requested front and street side yard distance 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 the subject property of privileges enjoyed by other property in the vicinity and under similar residential zoning district classifications. Residential properties in the SPR-DWP zone area have a typical lot width of 30 feet, a depth of 105 feet and are abutted by an alley at the rear of the property. The subject site, however, has a unique size and configuration in that it has an irregular street side frontage along Marina Drive. The strict application of the Zoning Code would deprive the subject property of a buildable area that is available to similar properties in residential zones. 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 the subject property is situated. The applicant is requesting a reduction in the front distance requirement from 50 feet to 25 feet and a reduction in the street side distance requirement from and 10 feet to 4 feet so that the distance requirement will be consistent with surrounding residential properties. The applicant is not seeking a special privilege or reduction beyond what is applicable to surrounding properties in residential zones. 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 SPR-DWP zone area which is developed with single-family residences. The applicant is proposing to install a hot tub/spa within the side yard of a two-story, single-family residence on the subject site which will be consistent with surrounding residential 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 to the front and rear distance requirements. Section 5. Based upon the foregoing, the Planning Commission hereby approves Variance VAR 21-1 subject to the conditions listed below: -2 of 4- Resolution 21-16 215 1St Street Variance 21-1 is approved to permit a reduction in the front distance requirement from 50 to 25 feet, and a reduction in the street side distance requirement from 10 feet to 4 feet in the SPR-DWP (Specific Plan Regulation -Department of Water and Power) zone area. 2. The applicant must obtain all necessary Building Permits for the proposed addition to the two-story single family residence and attached garage. 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 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 Seal Beach Planning Commission at a meeting thereof held on October 18, 2021, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners /_1:I•MIF_11►ROT,IT, I • O - -3 of 4- ATTEST: Barry Curtis Planning Commission Secretary -4 of 4- Steve Miller Chairperson Resolution 21-16 215 1St Street COMMUNITY NAME: OCEAN PLACE LOT ADDRESS: 215 FIRST STREET, ES SEAL BEACH, CA 90740 ti o rn E AeoyE '� FEATURBL Live the diff.—, ' LOW BLOCK WALL LOW BLOCK WALL RETAINING LOW BLOCK WALL WITH GLASS LOW BLOCK WALL RETAINING WITH GLASS OCEAN PLACE IN SEAL BEACH FULL HEIGHT BLOCK WALL FULL HEIGHT BLOCK WALL RETAINING TRACT NO. 17425 • STREEr LIGHT LEGEND LOT 4 C'')STREET SIGN NOTE OTHER FEATURES GROUND LEVEL FEATURES 0 TRAFFIC SIGN • UNDERGROUND FACILITIES NOT - - PROPERTY UNEb' FIRE HYDRANT SHOWN, INQUIRE BEFORE — UTILITY ACCESS EASEMENT o WATER METER STORM DRAIN CLEANOUT CABLE TV BOX DIGGING. • SOME ITEMS MAY NOT BE CENTERLINE o IRRIGATION METER TELECOMMUNICATIONS PULL BOX APPLICABLE FOR THE UNIT RIGHT-OF-WAY - HEREON 0 STORM JUNCTION STRUCTURE HOMEOWNER - • HOMEOWNER TO INSTALL LOT NUMBER EDISON PULL BOX RETURN WALLS AND GATESjP, CO -1 SEWER MANHOLE COLOR SCHEME O ❑ AS INDICATED ON THE PLAN EDISON PULL BOX ABBREVIATIONS: PLAN NUMBER O OFFSITE STORM DRAIN MANHOLE P.L. - PROPERTY LINE R/W - RIGHT-OF-WAY O —SD— STORM LINE JOINT TRENCH F. - FACELOF WALL :1,- PLUS/MINUS CONCRETE ® WATER VALVE ® A/C UNIT LOTSIDEWALK ® STORM CATCH BASIN ^ SIDE YARD GATE HANDRAIL o WATER LINE BLOW -OFF F-1 - AREA DRAIN LINE SUB DRAIN MODULAR AND D BIOFILTRATIOWN �SYSTEM CATCH BASIN STRUCTURE WOWLEDEXHIBGEEMFNT, THIS IT WAS PREPARED FOR BUYER INFORMATION ONLY. ADDITIONAL DETAILS ARE PROVIDED IN OTHER DOCUMENTS. THE ACTUAL SIZE AND LOCATION OF ALL FEATURES AND IMPROVEMENTS MAY VARY BASED ON FIELD CONDITIONS, AGENCY INSPECTION REQUIREMENTS, AND/OR UTILITY COMPANY REQUIREMENTS AND OTHER FACTORS BEYOND THE CONTROL OF SHEA HOMES. SHEA HOMES EXPRESSLY RESERVES THE RIGHT TO MAKE MODIFICATIONS AND CHANGES TO ALL ITEMS. BUYER IS ADVISED TO REVIEW ACTUAL INSTALLED LOCATION OF ITEMS PRIOR TO THE CLOSE OF ESCROW. BUYER: BUYER: BUYER: BUYER: DATE: DATE: SIGNATURE:- DATE: DATE: