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HomeMy WebLinkAboutPC Res 22-16 - 2022-10-03RESOLUTION NO. 22-16 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 22-1 TO ALLOW A REDUCTION OF THE REQUIRED REAR AND SIDE YARD SETBACKS ON A LOT WITH AN IRREGULAR ORIENTATION 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. Steve Sennikoff ("the applicant") on behalf of Steve West and Tanya Murakami ("the owners"), submitted an application to the City of Seal Beach Department of Community Development for Variance (VAR) 22-1 to reduce the required rear and side yard setbacks on a lot with an irregular orientation and configuration at 441 Central Avenue within the RHD -20 (Residential High Density — 20) zone. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301(e)(2) of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an addition that is under 10,000 sq. ft. and all public services and facilities are available to allow maximum development and the area is not environmentally sensitive. Section 3. A duly noticed meeting was held before the Planning Commission on October 3, 2022, to consider the application for Variance 22-1. 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 3,613 sq. ft. parcel developed with a single - story single-family residence without a garage and detached accessory structure. The subject site is located on the northwest corner of Central Avenue and 5th Street intersection. The subject site is surrounded by residential uses on all sides. The subject property is located in the RHD -20 (Residential High Density — 20) zone. B. The subject site is a lot with an irregular orientation 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 100 to 117 feet in length and abut an alley at the rear. The subject site has property dimensions of 58.75 feet in width along the front (Central Avenue) and rear of the property, and a depth of 61.50 feet along the interior and street side property line along 5th Street. The rear property line length of 58.75 feet does not abut an alley. 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. -1 of 4- Resolution 22-16 441 Central Avenue D. The applicant is proposing -to construct an attached two -car garage and an addition to the existing structure. The applicant proposes to comply with the SBMC development standards as they apply to building height and front yard setbacks, but is requesting a reduction in the required rear yard setback from 24 feet to 9 feet; a reduction of the interior side yard setback from 5 feet 10 inches to 4 feet 2 inches; and a reduction of the street side setback from 8 feet 9 inches to 6 feet 4 inches to maintain consistency with similarly zoned lots in the surrounding area. E. The applicant is also requesting approval of Conditional Use Permit (CUP) 22-7 for the construction of a two -car garage and an addition to the single -story single-family residence that is nonconforming due to rear, interior and street side yard setbacks. The CUP is required for the addition because the parcel has a structure that does not meet interior and street -side (corner lot) yard setback requirements. 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 with respect to Variance 22-1: 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 exists currently with the single -story single- family residence. The applicant's proposal for the addition of a two -car garage and addition to the single-family residence complies with all development standards set by SBMC §11.2.05.015, with the exception of the requested rear and side yards 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 properties in the vicinity and under identical zoning district classification. Residential properties in the RHD -20 zone have a typical lot depth of 100 feet to 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 an irregular orientation and configuration in that it has a lot depth of only 61.50 feet along the side yards and 58.75 feet along the front and rear lot lines 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 buildable 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 rear 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; and consequently, the applicant is not seeking a special privilege or reduction beyond what is applicable to surrounding properties in the RHD -20 zone. -2 of 4- Resolution 22-16 441 Central Avenue 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 the addition of an attached two -car garage and the addition to a single -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 and side yard setbacks. Section 5. Based upon the foregoing, the Planning Commission hereby approves Variance VAR 22-1 subject to the conditions listed below: Variance 22-1 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. Variance 22-1 is approved to permit a reduction in the required interior side yard setback from 5 feet 10 indhes to 4 feet 2 inches in the RHD -20 (Residential High Density -20) zone. 3. Variancew227-l' isLapprc ved,.,to permit a reduction in the required street side yard setback from 8 feet 9 inches to Ve t nches in the RHD -20 (Residential High Density -20) zone. 4. The applicant must obtain all necessary Building Permits for the proposed addition to the single -story single-family residence and proposed attached garage. 5. The applicant must obtain approval from the California Coastal Commission prior to submitting for Building Plan Check. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 -3 of 4- Resolution 22-16 441 Central Avenue 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 3, 2022, by the following vote: AYES: Commissioners MILLER, MASSETTI, THOMAS, CAMPBELL, KLINGER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Alexa Smittle Planning Commission Secretary -4 of 4- Steve Miller Chairperson