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Home My WebLink AboutPC Res 09-07 - 2008-02-18 RESOLUTION NO. 09-7 OR/S/11I 'V4{ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 09-1, A REQUEST TO MAINTAIN A MINIMUM FIVE (5) FOOT STREET SIDE YARD SETBACK ALONG AVALON DRNE FOR AN EXISTING ROOFED ENTRY STRUCTURE AT AN EXISTING RESIDENCE AT 1025 CATALINA AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On January 15, 2009, Christopher and Shalini Lamb submitted an application for Variance 09-1 to the Department of Development Services. The applicant is seeking to maintain a minimum five (5) foot street side yard setback for an existing covered entry structure at an existing residence along the easterly property line. Section 28.401.1.2 of the Seal Beach Municipal Code requires a ten (10) foot minimum street side yard setback for this particular lot based on the average lot width of the subject property. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a), staff has determined as follows: The application for Variance No. 09-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15302 - (Replacement or Reconstruction), because the application is for the replacement of a previously existing single-family residence by the construction of a new single-family residence and, pursuant to 14 Calif. Code of Regs. ~ 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 February 18, 2009 to consider Variance 09-1. At the public hearing, the Planning Commission considered all evidence and testimony provided on this matter. Section 4. The record ofthe hearing indicates the following: (a) On January 15, 2009, Christopher and Shalini Lamb submitted an application for Variance 09-1 to the Department of Development Services. (b) The applicant is seeking to maintain a minimum five (5) foot street side yard setback for an existing covered entry structure at an existing residence along the easterly property line. Section 28.401.1.2 of the Seal Beach Municipal Code requires a ten (10) foot minimum street side yard setback for this particular lot based on the average lot width of the subject property. lof4 Planning Commission Resolution No. 09-7 Variance 09-1 - 1025 Catalina Avenue February 18. 2009 (c) The subject property contains approximately 7,414 sq. ft. and is located at 1025 Catalina Avenue, in an area generally referred to as "The Hill." (d) The subject property is a comer parcel located at the northwest comer of the intersection of Catalina Avenue and Avalon Drive. The parcel is irregular and generally trapezoidal in shape, having 42.35 feet of frontage on Catalina Avenue, 95.87 feet of width along the rear property line, with the interior side yard property line, the westerly property line, having a depth of 132.17 feet, and the street side yard, the easterly property line, being 73.82 feet in depth. There is a 15 foot corner radius at the intersection of Catalina A venue and Avalon Drive. (e) The property at 1035 Catalina, across the street from the street side yard encroachment, is oriented to face towards Catalina Avenue, and has a combination of retaining walls and six foot high property line walls along Avalon Drive. (f) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST AND WEST Single family dwellings located in the Residential Low Density - 5000 Zone (RLD - 5000). (g) The subject property is located at the northwest corner of the intersection of Catalina Avenue and Avalon Drive. A review of the Orange County assessor maps of the "Hill" area indicates the following: (h) o There are a total of 810 parcels in the described area; o There are a total of 21 irregular shaped parcels in the described area that are located at a less than 90-degree intersection (2.6% of all parcels in the described area); and o The subject property is one of those located at a less than 90-degree intersection (0.12% of all parcels in the described area). (i) The requested variance would allow for the retention of the existing portion of the roofed entry structure along the Avalon Drive facing elevation of the residence at the current location, and not require the demolition of this portion ofthe structure. CD Since the encroachment into the street side yard setback area is not directly adjacent to another residential property, all required fire and building code separation standards are maintained. Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 of this resolution and pursuant to ~ 28-2502 of the City's Municipal Code, the Planning Commission hereby finds as follows: (a) Variance 09-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Low Density Residential" designation for the subject property and permits residential land uses in accordance with certain development standards. The completed construction, although not in accordance the City's street 20f4 Planning Commission Resolution No. 09-7 Variance 09-1 - 1025 Catalina Avenue February /8, 2009 side yard set back requirements, was constructed in accordance with plans that were reviewed and approved by the Planning and Building Departments, which did not discover the inconsistency with Section 28-401-1.2. The use is nonetheless consistent with the remaining elements ofthe City's General Plan, including the Land Use Element. (b) Because of the special circumstances applicable to the property, including size, shape and location of surroundings, the strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the same vicinity and zone. Specifically, the subject property is a comer parcel located at the northwest comer of the intersection of Catalina Avenue and Avalon Drive. The parcel is irregular and generally trapezoidal in shape, having 42.35 feet of frontage on Catalina Avenue, 95.87 feet of width along the rear property line, with the interior side yard property line, the westerly property line, having a depth of 132.17 feet, and the street side yard, the easterly property line, being 73.82 feet in depth. There is a 15 foot comer radius at the intersection of Catalina Avenue and Avalon Drive. Further, the subject property is 1 of 21 parcels located on the "Hill" that are irregular shaped parcels and that are located at a less than 90-degree intersection (2.6% of all parcels in the described area). (c) The granting of this variance will not constitute a grant of special privilege inconsistent with other limitations on other properties in the same vicinity and zone. The residence constructed on the property received 5 different reviews and approvals over an approximate 7-month time period by various departments of the City. The structure was constructed in good faith and in reliance on those City reviews and approvals. The valuation of the construction ofthe residence was $312,200. (d) The granting of the requested variance would not be detrimental to adjoining properties, as the variance requested would allow for the retention of a portion of the existing covered entry structure currently constructed, in accordance with plans reviewed approved, and inspected by the City. Since the encroachment into the street side yard setback area is not directly adjacent to another residential property, all required fire and building code separation standards are maintained. Section 6. Based on the foregoing, the Planning Commission hereby approves Variance 09-1, subject to the following conditions: 1. Variance 09-1 is approved to maintain the current minimum five (5) foot street side yard setback along Avalon Drive for the existing roofed entry structure of an existing residence at 1025 Catalina Avenue, in accordance with the plans submitted for Variance 09-1. 2. 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 10 day appeal period has elapsed. 30f4 Planning Commission Resolution No. 09-7 Variance 09-1 - 1025 Catalina Avenue Februmy 18. 2009 3. 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 claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional 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 Sea] Beach at a meeting thereof held on the 18th day of February 2009 by the following vote: Deaton, Bello, Larson, and Massa-Lavitt AYES: Commissioners NOES: Commissioners None ABSENT: Commissioners Eagar ABSTAIN: Commissioners None ~nMr4.kJd.oM Ellery Deaton Chairperson, Planning Commission ***** 40f4