HomeMy WebLinkAboutPC Res 23-02 - 2023-02-06i` • r ► ► + •
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THE PLANNING COMMISSION OF OF ► BEACH DOES HEREBYI
AND RESOLVE AS FOLLOWS:
Section 1. Donald Miller ("the applicant/property owner"), submitted an application to
the City of Seal Beach Department of Community Development for Variance (VAR) 22-2 to
allow encroachments into the required rear and side yard setbacks enabling the placement of
three previously constructed nonconforming accessory structures/patio covers and a carport
on a conforming property in the Residential Low Density (RLD-9) zoning area, located at 1733
Catalina Avenue.
Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical
Exemption pursuant to Section 15301(e) of the Guidelines for the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of exterior
accessory structures to an existing single-family residence with no modifications.
Section 3. A duly noticed meeting was held before the Planning Commission on
February 6, 2023 to consider the application for VAR 23-02. 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 6,000 sq. ft. parcel developed with a two-
story residential unit and an attached two car garage at the front of the property. The subject
site is located on the north side of Catalina Avenue near the corner of Catalina Avenue and
Crestview Avenue. The subject site is surrounded by residential uses. The subject property is
located in the RLD-9 (Residential Low Density — 9) zone.
B. The subject site is a rectangular shaped lot with no unique size or
configuration when compared to the surrounding properties in the RLD-9 zone. Most of the
surrounding properties consist of lots that are 60 feet in width and 100 feet in length and do not
abut an alley at the rear.
C. The Seal Beach Municipal Code (SBMC §11.2.05.015) requires all
properties in the RLD-9 zone to provide a minimum side yard setback of five feet.
D. Seal Beach Municipal Code (SBMC §11.2.05.015) requires all properties
in the RLD-9 zone to provide a minimum rear yard setback of ten feet.
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Resolution 23-02
1733 Catalina Ave
special privilege, as the property already has an enclosed two -car garage for parking of the
applicant's/property owner's vehicles, and a covered carport encroaching into the side year
setback is not necessary for the applicant/property owner to have shaded parking on his lot.
D. Authorization of the variance does not substantially meet the intent and
purpose of the zoning district in which the property is located and will 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 RLD-9 zone which is developed primarily
with single family residences. The applicant/property owner is requesting to allow an
encroachment into the rear and side yard setbacks allowing the retention of three previously
constructed nonconforming and non -permitted accessory structures/patio covers and a carport
within the side setback of the property. This will not be consistent with surrounding properties.
The applicant's/property owner'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 23-02 as the findings for the Variance cannot be made.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on February 6, 2023, by the following vote:
AYES: Commissioners MILLER ASSETTI THOMAS CAMPBELL KLINGER
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTES .
Alexa Smittle
Planning Commission Secretary
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Steve Miller,
Chairperson