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HomeMy WebLinkAboutPC Res 94-14- 1994-05-18 RESOLUTION NUMBER 94-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 94-1, PERMITTING A VARIANCE FROM THE REQUIRED SIDE YARD SETBACKS AT 345 10TH STREET, SEAL BEACH, AND APPROVING OF AN AFTER-THE-FACT PERMIT TO ALLOW A FABRIC CANOPY WHICH HAS BEEN CONSTRUCTED TO THE PROPERTY LINE WITHOUT REQUIRED PERMITS, TO REMAIN ON SITE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 On February 8, 1994, Ginny and James Flahive ("The Applicants") filed an applicatIOn for Vanance 94-1 WIth the Department of Development SeTVIces The applicants sought a vanance from the reqUIred SIde yard setbacks at 345 10th Street, Seal Beach SpeCIfically, the applicant sought approval of an after-the-fact pernut to allow a fabnc canopy, whtch has been constructed to the property line Without reqUired permits, to remain on site SectIon 2 Pursuant to 14 Calif Code of Regs q 15025(a) and !l II A of the City's Local CEQA GUIdelines, staff has determined as follows The applicatIOn for Vanance No 94-1 IS categoncally exempt from review pursuant to the Callforma EnVironmental Quality Act pursuant to 14 Calif Code of Regs & 15301 (Existing Uses), because the application IS for an eXisting use which IS not expanding In excess of 50% of the floor area of the structure before the addItion, or 2,500 square feet, pursuant to ~ 15303(c) (New Constructton of Small Structures), because the commercial structure does not Involve the use of slgmficant amounts of hazardous matenals, IS deSigned for an occupant load ofless than 30 persons and IS not constructed In conJunctton With the bUIlding of two or more such structures, and, pursuant to ~ 15061(b)(3), because It can be seen WIth certainty that there IS no POSSibility that the approval may have a slgmficant effect on the enVIronment SectIOn 3 A duly noticed public heanng was held before the Plamung CommiSSion on Apnl 20, 1994 and, at the request of the applicant, was continued, pnor to any public dISCUSSion, to May 4,1994 to conSider the appllcatton for Vanance No 94-1 The applicant, hiS agent and one person spoke In favor of thiS request With one person speaking neither for nor against thIS request Sectton 4 The record of the heanng on May 4, 1994 indicates the follOWing (a) On February 8, 1994, Ginny Flahive filed an applicatIOn for Vanance 94-1 With the Department of Development Services (b) SpeCifically, the applicant IS requesting a vanance from the reqUired SIde yard setbacks at 345 10th Street, Seal Beach SpeCifically, the applicant sought approval of an after-the-fact penmt to allow a fabnc canopy, whIch has been constructed to the property line Without reqUired pernuts, to remain on site (c) The subJect property IS legally descnbed as Orange County Assessor's Parcel Number 043-113-49 (d) The surrounding land uses and zomng are as follows North - South - A mixture of retatl and office uses In the General CommerCial (C-2) zone A mixture of slngle- and multi-family resldenttal uses In the Resldenttal High DenSity zone (RHO) A church In the Public Land UselRecreatlOn zone (pLU/R) Retatl uses In the C-2 zone East - West - C\ \VAP'\I'1Q.11 BCCl.c,. Planning CommISSIOn Re,olullOn No 94-14 May 18 1994 (e) The subJect property receIved Vanance 8-87 and CondItIOnal Use Permit 14-87 allOWing the re-establlshment of an unenclosed sWIm school on the property with Inadequate parking and setbacks for a fence (f) The CIty receIved no wntten comments respondIng to the notices of the heanng on Vanance No 94-1 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 ConumsslOn hereby finds as follows (a) Vanance 94-1 IS consIstent with the proVISIons of the Land Use Element of the CIty's General Plan, which proVIdes a "general commercIal" deSignatIOn for the subJect property and penmts commercIal uses The use IS also consIstent with the remaIning elements of the CIty's General Plan as tlte 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) There are speCial property related cIrcumstances whtch, through the stnct application of this Chapter, depnve the subJect property ofpnVlleges enjoyed by other property In the same VICInity and zone SpecIfically, the property IS a substandard WIdth commercial property WhICh, due to the fact It abuts reSIdentIally zoned propertIes, IS reqUired to proVIde a three (3') foot Side yard setback rather than a zero setback as commercIal propertIes whIch do not abut reSidential are allowed The maJonty of commercial properties whIch abut reSIdentially zoned propertIes to the SIde are much Wider than the subject property Therefore, these commeTCIal properties can more eastly proVide the reqUired Side yard setback WIthout expenencIng a maJor hardshtp The subJect property IS one of only two 25 foot WIde commercial properties In the City which expenence thts condition ( c) The grantIng of thIS vanance would not be the grantIng of a speCial pnVllege inconsistent with other limitatIOns on other properties In the same VICInity and zone SpeCIfically, the only other slmtlarly situated property In the CIty IS a commercial property which IS butlt out to the SIde property line consistent with thts request No other pnvtlege would be granted through the approval ofthls vanance (d) The pool IS surrounded by eight (8') foot block walls to aId In pnvacy and fire separatton for surrounding properties Also, as the tent trends away from the property line as ItS height Increases It approxImates the reqUired setback at the level of the top of the wall (e) ProVISion of the reqUIred three (3') foot SIde yard setback would Interfere WIth lIIsle access along the SIdes of the pool (f) The tent reduces inCidental nOIse from the SWIm school (g) The tent proVIdes a more comfortable, controlled enVIronment for patrons by protecting them from the elements includIng rllln and sunllgllt, SectIOn 6 Based upon the foregOing, the Planmng CommiSSIon hereby approves Vanance 94-1, subJect to the follOWing conditions 1 Vanance 94-1 IS approved for the installatIOn of a tent/pool enclosure WithIn the SIde yard setback of an eXIsting SWIm school located at 345 10th Street, Seal Beach 2 The applicant shall obtllln proper City penlllts for the installatIOn of the tent 3 The tent shall be maintained In good conditt on, free from tears or holes, and clean at all ttmes 4 No advertISing shall be permitted on the tent 5 The applicant shall obtain final approval for the SWInt school's sign pernut Page 2 1=\ \VARIR.., ace.. Plannmg romm'MlOn Re.olu/lOn ,Vo 9-1- J.I May 18, /99-1 6 The applicant shall comply with all reqUirements of the Orange County Fire Department governing the installation and maintenance of the tent 7 Failure to comply with any of the above condItIons shall result In ImmedIate reconsideration ofVanance 94-1 8 The applicant shall remain bound by all condItIOns ofVanance 8-87 and CUP 14-87 9 The tent shall be removed ImmedIately In the event the subJect property IS no longer used as a sWim school Ninety (90) consecutIve days of inactiVIty shall tngger thiS reqUirement 10 Vanance 94-1 shall not become effecttve for any purpose unless and until the applicant proVIdes the Department of Development ServIces a copy of the penmt for the tent from the Orange County FITe Department If a copy of saId permIt IS not provided to the CIty wlthm 60 days of the final City actIOn on thIS vanance, the Planmng CommISSIOn may, on Its own motion, reconsIder Vanance 94-1 I I The applicant shall mamtaln the Orange County FIre Department's permit fOl the tent In full force and effect at all tImes The applicant shall proVIde copIes of each renewal of the permIt to the Department Within 10 days of ItS receIpt from the Orange County Fire Department 12 ThiS Vanance shall not become effecttve 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 notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng CommissIon of the CIty of Seal Beach at a meeting thereof held on the 18th day of May, J 994 by the follOWIng vote A YES CommissIOners Law. Sharp. Soukuo NOES CommIssIoners ABSENT CommIssioners Campbell ABSTAIN CommIssIoners Dahlman ~u Anton Dahlman, Chairman Planmng ComnusslOn WhIttenberg, Secretary Planmng ConumssJon Page 3 J:\ IVAPIR.., llCC..