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HomeMy WebLinkAboutPC Res 21-16 - 2021-10-18RESOLUTION 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 4 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 1. Variance 21-1 is approvto-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 Miller Winkler, Thomas, Klinger NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Campbell -3 of 4- Barry Curtis Planning Commission Secretary -4 of 4- Steve Miller Chairperson Resolution 21-16 215 1St Street