HomeMy WebLinkAboutPC Res 00-39 - 2000-12-06
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RESOLUTION NUMBER 00-39
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING VARIANCE
NO. 00-4, A REQUEST TO ALLOW CONSTRUCTION
ON A SIDE YARD WITH A NON-CONFORMING SIDE
YARD SETBACK IN THE RESIDENTIAL HIGH
DENSITY ZONE AT 617 OCEAN.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section I. On November 2, 2000 John P. Smith "The Applicant" submitted
an application for Variance 00-4 with the Department of Development Services. Specifically,
the applicant is requesting a variance to allow an existing garage and building with a non-
conforming side yard setback to legally remain in a residential zone and therefor allow for the
expansion of a legal, nonconforming building.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Variance
No. 00-4 is categorically exempt from review pursuant to the California Environmental Quality
Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations)
because the request is for a minor alteration in land use limitations in an area with an average
slope of less than 20% and no changes in land use or density are involved; and, pursuant to
~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval
may have a significant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on December 6, 2000 to consider the application for Variance No. 00-4. At the
hearing the applicant spoke in favor of the request.
Section 4.
The record of the hearing on December 6, 2000 indicates the
following:
(a) On November 2, 2000, John P. Smith ("The Applicant") submitted an
application for Variance 00-4 with the Department of Development Services. Specifically, the
applicant is requesting a variance to allow an existing garage and building with a non-
conforming side yard setback to legally remain in a residential zone and therefor allow the
expansion of a legal non-conforming structure.
(b) The subject property is located at 617 Ocean A venue.
(c) The subject property is rectangularly shaped with a lot area of
approximately 5,500 square feet.
(d) The surrounding land uses and zoning are as follows:
NORTH, EAST & WEST
Residential Housing located in a
Residential High Density
SOUTH
Residential Housing in a Residential Low Density (RLD)
zone & the Beach and Pacific Ocean in a Public Land Use
(PLU/R) zone
(e) In response to the mailed and published notice of this hearing staff has
received one oral complaint, and no written, to this request.
C:\My Documenls\RESO\VAR 00-4 - 617 Ocean Avenue.PC Reso.doc\LW\12-07-00
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Planning Commission Resolution No. 00-39
Variance 00-4,617 Ocean Avenue
December 6. 2000
Section 5. Based upon the facts contained in the record, including those stated in
~ 4 of this resolution and pursuant to ~~ 28-2500 through 28-2502 of the City's Code, the
Planning Commission hereby finds as follows:
(a) Variance 00-4 is consistent with the provisions of the Land Use Element
of the City's General Plan, which provides a "high density residential" designation for the
subject property and permits multiple family residential uses. The use is also consistent with the
remaining elements of the City's General Plan, as the policies of those elements are consistent
with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with
the General Plan.
(b) The strict application of the zoning ordinance to the subject property
would deprive such property of privileges enjoyed by other property in the same vicinity and
zone because of special circumstances applicable to the property.
(c) The granting of this variance will not constitute a special privilege given
to one resident that would not be afforded to another by virtue of the fact that all new
development will maintain current side yard setbacks.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Variance No. 00-4, subject to the following conditions:
I. Variance 00-4 is approved to allow a legal non-conforming garage & building to remain in
conjunction with the major expansion of an existing apartment complex located at 617 Ocean
A venue. All new construction shall be in accordance with currently applicable side yard
setback requirements. This variance shall expire, and all rights hereunder shall cease, upon
the removal or destruction of the existing legal non-conforming garage and building.
2. All construction shall be in substantial compliance with the plans approved through Variance
00-4, resulting in a total of 4 living units and 5 fully-enclosed off-street parking spaces to be
located on the subject property, in substantial conformance with the project plans dated
October 19, 2000.
3. All construction shall comply with the requirements of the Uniform Building Code and
Unifprm Fire Code, as locally amended by the City of Seal Beach.
4. This Variance shall not become effective for any purpose unless an "Acceptance of
Conditions" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Department; and until the
ten (10) day appeal period has elapsed.
5. This Variance shall become null and void unless exercised within one (1) year of the date of
final approval, or such extension of time as may be granted by the Planning Commission
pursuant to a written request for extension submitted to the Department of Development
Services a minimum of ninety (90) days prior to such expiration date.
PASSED, APPROVED AND ADOPTED by the Planning Coinmission of the City of
Seal Beach at a meeting thereof held on the 6th day of December , 2000 by the
following vote:
AYES: Commissioners Brown, Cutuli, Hood, Lyon and Sharp
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
VAR 00-4 - 617 Ocean Avenue.PC Reso
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e Whittenberg, Secretary
lanning Commission
V AR OOA - 617 Ocean Avenue.PC Reso
Planning Commission Resolution No, 00-39
Variance 00-4.617 Ocean Avenue
December 6. 2000
ct!. /l u -I-
David Hood, Ph.D., Chairman
Planning Commission
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