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HomeMy WebLinkAboutPC Res 26-05 2026-07-06 RESOLUTION NO. 26-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH VARIANCE (VAR-26-0001) TO ALLOW THE REDUCTION OF THE REQUIRED REAR YARD SETBACK AND MINOR USE PERMIT(MUP-26-0003) TO PERMIT AN ATTACHED GARAGE WITHIN THE 30 FEET OF THE STREET FACING SIDE LOT LINE TO EXCEED 20 FEET IN WIDTH AND TO EXCEED 50% OF THE WIDTH OF THE RESIDENTIAL FACADE AT 1400 OCEAN AVE IN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Ryan Oldham ("the applicant") submitted an application to the Community Development Department for Variance 26-0001 and Minor Use Permit 26- 0003 (MUP). The proposed variance would allow the reduction of the required rear yard setback and the proposed MUP would permit an attached garage within the 30 feet of the street facing side lot line to exceed 20 feet in width and to exceed 50% of the width of the residential façade at 1400 Ocean Ave (the "subject property"), which is located in the Residential High Density-20 (RHD-20) zoning area. Section 2. This project is determined to be a Class 3 (New Construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction of a new single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on July 6, 2026, to consider Variance 26-0001 and Minor Use Permit 26- 0003. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Variance 26-0001 for the reduction of the required rear yard setback and Minor Use Permit 26-0003 to permit an attached garage within the 30 feet of the street facing side lot line to exceed 20 feet in width and to exceed 50% of the width of the residential façade in conjunction with the construction of a new single-family dwelling. B. The subject property is located on the south-east corner of 14th Street and Ocean Avenue. The subject property is a reverse corner lot measuring approximately 47 feet in width and 72.23 feet in depth, for a total area of 3,394.81 square feet. C. The parcel is developed with an existing vacant commercial building. The last established business ceased to operate from the site in 2015 based on City business license records. -1 of 7- Resolution No.26-05 1400 Ocean Ave D. The subject property is located in the Residential High Density 20 (RHD-20) zone and is adjacent to residential uses to the north, west, and south, and a mixed use structure to the east. E. Seal Beach Municipal Code (SBMC) Table 11.2.005.015 (Development Standards for Residential Districts) establish the required rear year setback for RHD-20 zones lots as 24-feet minus the width of the alley. F. The applicant proposes that the project provide a 9-foot rear yard setback, as no alley exists behind the property. G. Seal Beach Municipal Code (SBMC) Section 11.2.05.015N.2 (Maximum Width of Garages and Carports) limits the width of an attached garage to 20 feet in width when located within 30 feet of the front lot line and it must not exceed 50% of the residential facade. Exceptions are permitted through the approval of a Minor Use Permit. H. The applicant proposes a 25-foot 3 1/2 inch wide attached two-car garage. The residential façade facing the street-side lot line has a linear length of 47 feet and 3 inches. The linear length of the attached garage is 25 feet 3 '/2 inches, which is approximately 54% of the dwelling's façade. I. Seal Beach Municipal Code (SBMC) Section 11.5.20.005.0 (Variances) gives the Planning Commission authority to grant a Variance to adjust dimensional and performance standards provided that the adjustments do 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. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20.020 (Required Findings) of the Seal Beach Municipal Code, the Planning Commission makes the following findings: Findings for VAR-26-0001: A. The variance conforms in all significant respects with the general plan and with any ordinances adopted by the city council. The site is currently zoned Residential High Density and has a land use element of Commercial-General. The site has not been operated as a commercial site since 2015 based on City business license records. The properties facing Ocean Avenue from 14th Street to Dolphin Avenue have a Commercial-General general plan use designation and are surrounded with Residential High Density land use designated properties. These properties have historically been mixed-use properties, with residential components. The variance request would allow for a reduced setback and relief from the limitations related to the garage width for the construction of a single-family dwelling, a permitted use within the RHD-20 zone. B. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the -2of7- Resolution No.26-05 1400 Ocean Ave zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification. The proposed project site is on a reverse corner lot within the Old Town area. Lots in the Old Town are predominantly rectangular- shaped lots with rear alley access. This development pattern is reflected in the Zoning Code language regarding the rear yard setback requirement, which is 24 feet minus the width of the alley. The Code explicitly incorporates the alley width into the rear setback requirement and allows the reduction of the required setback by the alley width, which is typically 15-feet wide throughout Old Town. Lots in the vicinity can apply the width of the alley to reduce the rear setback requirement. The proposed project lot does not have alley access due to its configuration and thus is not able to reduce the rear yard setback requirement. The strict application of the Zoning Code would deprive the subject property from using the same setback reduction that other properties can apply for because of the rear alley access. 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 variance request for a reducing rear yard setback requirement would not grant special privileges to the subject site as the requested setback reduction is applied to properties in the vicinity because their rear lot line abuts an alley, allowing the alley width reduction from the required 24-foot rear yard setback. The request is due to the site constraints of a dual street frontage lot without rear alley access and seeks to alleviate limitations that are not applicable to other properties in the vicinity. 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 project proposed to construct a residential dwelling unit, as intended by the zoning district. The variances requested are associated with the design of the residential unit, based on the site constraints. Staff does not anticipate that the variance requests will have any detrimental impact to welfare of persons in the neighborhood nor to the general welfare of the city, as the use itself will be residential. Findings for MUP-26-0003 A. The proposal is consistent with the general plan and with any other applicable plan adopted by the City Council. While the property has a General Plan designation of Commercial-General, the site has not been actively operated as a commercial site since 2015. The properties facing Ocean Avenue between 14th Street and Dolphin Avenue have maintained a commercial land use designation while the surrounding properties have a Residential High Density land use designation. The properties have historically been mixed-use including residential uses. The site has a zoning designation of the Residential High Density-20. This zoning designation is consistent with the surrounding properties. The proposed attached garage would not disrupt the character of the neighborhood there are mostly residential structures surrounding the site. The garage façade incorporates variations in wall planes that reduce the visual mass of the garage. -3 of 7- Resolution No.26-05 1400 Ocean Ave B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code. The proposed exception from SBMC Section 11.2.05.015N.2 (Maximum Width of Garages and Carports) is allowed within the applicable zoning district with a Minor Use Permit approval. The proposed project will comply with all other applicable provisions of the Municipal Code, apart from the variance requested. C. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints. The site is capable of accommodating the proposed single-family residence, which the garage will serve for its onsite parking requirements. D. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD-20 zone, which consists of properties with residential dwellings, including single-family and multi-family dwellings. The proposed project will demolish an existing vacant commercial structure and replace it with a single-family dwelling, which will be more compatible with the surrounding uses throughout RHD-20 zoned area. E. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. The proposal will bring a use that is permitted on the property by the zone. The subject site will operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Thus, no impacts are anticipated. Section 5. Based on the foregoing, the Planning Commission hereby approves Variance 26-0001 to allow the reduction of the required rear yard setback and Minor Use Permit 26-0003 to permit an attached garage within the 30 feet of the street facing side lot line to exceed 20 feet in width and to exceed 50% of the width of the residential facade at 1400 Ocean Ave, subject to the following conditions: 1. Variance 26-0001 is approved to allow the reduction of the required rear yard setback and Minor Use Permit 26-0003 is approved to permit an attached garage within the 30 feet of the street facing side lot line to exceed 20 feet in width and to exceed 50% of the width of the residential facade at 1400 Ocean Avenue. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Variance 26-0001 and Minor Use Permit 26-0003. All new construction shall comply with all applicable state and local codes. Minor modifications to the approved plans may be considered through administrative review, provided such changes do not exceed 10 percent of the approved building footprint or total floor area. -4 of 7- Resolution No.26-05 1400 Ocean Ave 3. The Planning Commission reserves the right to revoke or modify this variance and/or minor use permit in the event of any violation of the approved conditions or any violation of any provision of the Municipal Code of the City of Seal Beach. 4. This variance and minor use permit 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. Applicant shall obtain California Coastal Commission approval prior to building permit issuance. 6. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 7. Prior the start of grading or other construction, and before the issuance of a building permit, a final landscape plan shall be approved by the director demonstrating compliance with Chapter 11.4.30. Landscaping and Buffer Yards. 8. Plans shall show a minimum of one tree for each 25 feet of public street frontage. Final tree species and tree locations shall be subject to approval by the city engineer. 9. No plant species listed as problematic and/or invasive by the California Native Plant Society, the California Exotic Pest Plant Council, or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on a site. No plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government shall be utilized within the site. Any existing landscaping that does not meet the above requirements shall be removed. 10. Prior to building permit final, all landscaping must installed. 11. Prior to issuance of a grading permit, the applicant shall submit a survey prepared by a licensed land surveyor identifying any existing easements affecting the property. If easements are identified, the applicant shall demonstrate to the satisfaction of the City that the proposed improvements will not conflict with such easements or shall obtain any necessary approvals from the easement holder(s). 12. The applicant shall reconstruct the sidewalk adjacent to the new curb opening. Any portion of the existing curb opening that is abandoned, plugged, or otherwise closed as part of the project shall be removed and replaced with full-height curb, gutter, and sidewalk improvements in accordance with City standards. All work within the public right-of-way shall be performed under a City-issued Encroachment Permit and completed to the satisfaction of the Public Works inspector. 13. The curb opening shall be located no closer to the adjacent crosswalk than the existing curb opening unless otherwise approved by the City Engineer. The final location shall be shown on the improvement plans and designed to maintain adequate pedestrian visibility and safety at the intersection. -5 of 7- Resolution No.26-05 1400 Ocean Ave 14. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 15. Any modification to this approval shall require review and approval by the Planning Commission if the applicant proposes to modify any of its current Conditions of Approval, or if there is a substantial change in the mode or character of operations of the project. 16. This variance and minor use permit 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 Community Development Director pursuant to a written request for extension submitted to the Community Development Department at least thirty days prior to such expiration date. 17. The applicant must indemnify, defend, and hold harmless the City, its agents, and employees (collectively "the City" hereinafter in this paragraph) 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 Minor Use Permit, 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of July 2026, by the following vote: AYES: Commissioners MINGIONE, PERRELL, NOLTA, CAMPBELL NOES: Commissioners ABSENT: Commissioners WHEELER ABSTAIN: Commissioners .//1/Margo W eeler Chairperson ATTEST: -6 of 7- Resolution No.26-05 1400 Ocean Ave 5.4- Shaun Temple Planning Commission Secretary -7 of 7-