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Home My WebLink AboutPC Res 06-07 - 2006-02-08 RESOLUTION NUMBER 06-7 OI?l. A RESOLUTION OF THE PLANNING COMMISSION OF THE G;jVfi I CITY OF SEAL BEACH APPROVING VARIANCE 06-1, A '1l... REQUEST TO ALLOW AN ADDITION TO A RESIDENCE WITH EXISTING NONCONFORMING GARAGE SETBACKS AT THE PROPERTY LOCATED AT 318 14TH STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 14,2005, Benny Rapp, Jr, filed an applIcatIOn WIth the Department of Development ServIces for Variance 06-1. SpeCIfically, the applicant IS rcquestmg a vanance to allow a master bedroom, bath and laundry room addItIon to a reSidence WIth existmg garage encroachments mto the required SIde and rear setbacks. Section 2 Pursuant to 14 CalIf, Code of Regs, ~ l5025(a) and ~ II,A of the CIty's Local CEQA Guidelines, staff has determIned as follows The applicatIon for Vanance No. 06-1 IS categorically exempt from revIew pursuant to the California EnVIronmental QualIty Act pursuant to 14 CalIf Code of Regs. ~ 15303(a) (New ConstructIon of Small Structures), because the application IS for the construction of three (3) or less single famIly dwellIngs In an urbanIzed area; ~ 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), becausc it can be seen With certainty that there IS no pOSSIbIlity that the approval may have a sigmficant effect on the envIronment. SectIon 3 A duly noticed publIc hearIng was held before the PlannIng CommIssion on January 18, 2006 to consider the applIcation for Variance No 06-1 SectIon 4. The record of the hearIng on January 18, 2006 IndIcates the following: (a) On December 14, 2005, BellllY Rapp, Jr. filed an applIcatIon WIth the Department of Development Services for Variance 06-1. Specifically, the applicant is requesting a VarIance to allow a master bedroom, bathroom and laundry room additIOn to a residence WIth eXIstIng garage encroachments mto the reqUIred side and rear setbacks, (b) The subJect property is located at 318 14th Street. (c) The surroundIng land uses and zomng are as follows, SOUTH: Mix of SIngle family and multi-family residences m the ReSIdentIal MedIUm Density (RMD) zone Mix of SIngle family and multI-family reSIdences In the ResidentIal MedIUm Density (RMD) zone NORTH: 10f4 Plannmg CommISsIOn Re,olullOn 06-7 VaTlallCe 06-1 - 318 14" Street February 8. 2006 EAST: Across 12 feet wide alley, mix of SIngle famIly and multi-famIly resIdences In the ResidentIal Medium Density (RMD) zone Across 14th Street, mix of sIngle faJnily and multi-famIly reSIdences In the ResidentIal Medium Density (RMD) zone WEST: (d) In response to the maIled and published notice of thIS hearmg staff has rcceived one wntten letter In opposItion to this request. Section 5. Based upon the facts contaIned in the record, IncludIng those stated in ~ 4 of this resolution and pursuant to ~~ 28-2407, 28-2500 28-2700, and 28-2701(B) of the CIty's Code, the Planning CommIssion hereby finds as follows: (a) VarIance 06-1 is consIstent with the proVISions of the Land Use Element of the CIty's General Plan, whIch provides a ''medIUm density residential" deslgnatIon for the subJect property and permits residentIal uses, An addition to a single family detached resIdence Will retaIn the medIUm density residentIal character while prOVIding addItIOnal optIOns to the livmg accommodations to the residents, whIch is one of the goals of the Land Use Element. 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 m, the Land Use Element. Accordingly, the proposed use IS consistent WIth and shall not adversely affect the General Plan. (b) Because the specIal cIrcumstances applicable to the property, includmg SIze, shape, topography, location or surroundings, the stnct application of thIs chapter depnves such propcrty of pnvIleges enjoyed by other property in the VIcinity and zone, SpeCIfically, the lot IS partIcularly small, such that strict applIcation of the setback reqUIrements would restnct the useable area of the lot. (c) The granting of such VarIance shall not constitute a grant of speCIal pnvIlege inconSistent with other limitations upon other propertIes In the same VICInIty and zone, given that other propertIes In the vicmlty have simIlar nonconforming structures, and because the variance allows the subJect property to have a useable area roughly eqUIvalent to that of more conventionally-sized lots, (d) The subject property IS unique phYSically in that It has all eXlstmg structure on the property that is legal nonconforming to current zoning standards, The property maIntains the reqUIred setbacks on all other sides, and the current nonconforming setback is typical of existIng conditions on thIS block. (e) The subject property is umque physically In that It has an older residence on the property and the master bedroom, bathroom and laundry room addition IS a reasonable request to make the residence more livable while maIntaInIng the character oftl1e property. (f) The granting of thIS variance wIll allow greater access m the alley due to a conditIon to relocate the eXIsting wall in the rear setback. Section 6. Based upon the foregoing, the PlaJming CommIssIon hereby approves Variance No. 06-1, subject to the following conditIOns: I, Variallce 06-1 is approved for a master bedroom, bathroom and laundry room addItIon With existing nonconforming garage setbacks at 318 14th Street. 2of4 Planmng Comm'SSlOn ResollttlOll 06-7 Varlance 06-1 - 318 14'h Street February 8, 2006 2. All construction shall be In substantIal compliance wIth the plans approved through Variance 06-1. 3 The existIng wall shall be relocated to 5 feet, 6 inches mInimum from the rear property line, 4. Property owners shall continue to mamtaIn the garage for parking of two vehIcles, 5 ThIs Variance shall not become effective for any purpose unless an "Acceptance of CondItIons" form has been sIgned by the applIcant m the presence of the Director of Development Services, or notanzed and returned to the Planrung Department; and untIl tl1e ten (10) day appeal period has elapsed. 6. If any claim, actIon or proceeding (collectively "actIOn") is InstItuted by a third party or parties challengIng the validity of the this approval, Developer and City shall cooperate In defending any such action, CIty shall notIfy Developer of allY such actIon against CIty withm ten working days after City receives service of process, except for any petItIon for injunctive relief, in wmch case City shall notify Developer ImmedIately upon receIpt of notice thereof. Developer shall indemmfy, hold harmless and defend CIty, and any of ItS officers, employees or agents for any action by a third party or partIes brought to challenge the Project Approvals; provided, however, that if CIty faIls promptly to notify Developer of any actIon against City, or If CIty fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense, Developer shall reImburse all of City's defense costs includmg, without lImitatIon, court costs, attorneys fees incurred by counsel selected by the CIty, and expert WlIDess fees, Developer shall promptly pay all monetary awards, Judgments, verdicts, court costs and attorneys fees that may be awarded in such action, PASSED, APPROVED AND ADOPTED by the Planrung Commission of the City of Seal Beach at a meetIng thereof held on the 8th day of February 2006 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts, NOES: CommissIOners None ABSENT CommissIOners None ~~-~o~~ ChaIrperson, Planning CommiSSIOn 30f4 . Lee Whittenberg Secretary, PlannIng Com Plannmg CommissIOn ResolutIOn 06-7 VaTlance 06-1 - 318 14" Street February 8, 2006 **** 40f4