HomeMy WebLinkAboutPC Res 98-32 - 1998-10-07
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RESOLUTION NO. 98-32
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH DENYING
VARIANCE 98-5, PERMITTING THE
CONSTRUCTION OF NINE (9) SINGLE FAMILY
DWELLINGS WITH LESS THAN THE REQUIRED
SIDE YARD SETBACK ON NINE LOTS LOCATED
AT 321 SEAL BEACH BOULEVARD, SEAL BEACH
(ANAHEIM BAY VllLAS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1 On June 25, 1998, Dave Bartlett submitted an application on behalf of
Ellen Musso, et al ("The Applicant") for General Plan Amendment 98-1, Zone Change 98-1 and
Variance 98-S The applicant sought to change the zoning and General Plan designation of nine
(9) lots located at 321 Seal Beach Boulevard from General Commercial (C-2) to Residential
Medium Density (RMID). The applicant is proposing a variance from side yard setback
requirements on the nine (9) residential lots to allow a zero lot line development
Section 2. Pursuant to 14 Calif Code of Regs 0 IS02S(a) and 0 11 A of the City's
Local CEQA Guidelines, staffhas determined as follows The application for Variance No 98-S
is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif Code of Regs 0 IS30S (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 0
IS061(b)(3), because it can be seen with certainty that there is no possibility that the project may
have a significant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning Commission
on September 23, 1998 to consider Variance 98-5. At the public hearing, the applicant and
others spoke in favor of the request and no persons spoke in opposition
Section 4.
The record of the hearing indicates the following:
(a) On June 25, 1998, Dave Bartlett submitted an application on behalf of
Ellen Musso, et aI for a General Plan Amendment and Zone Change at 321 Seal Beach
Boulevard, Seal Beach with the Department of Development Services On the same date, the
applicant submitted a variance application for the purpose of allowing zero lot line
development on the subject property.
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PIm""ng COll/m...s'on Resoluhcm 98-32
Vonance 98-5
Anaheim Bay V.lla.r. 321 Stal Btach Boul....rd
October 7. 1998
(b) The applicant is requesting to change the zoning and General Plan
designation of the existing commercially zoned properties from General Commercial (C-2) to
Residential Medium Density (RMD) zoning. The applicant is proposing a variance from side
yard setback requirements on the nine (9) existing lots to allow a zero lot line development
(c) The subject property is legally described as:
Lots 11, 13, IS, 17, 19,21,23,25 and 27 in Block 217 of Tract No 10 as shown
on a map thereof recorded in Book 9, Page 10 of Miscellaneous Maps and
Records of Orange County, California
1035'.
(d) The subject property is comprised of nine (9) lots, each measuring 25' x
(e) The subject property is located on the westerly side of Seal Beach
Boulevard between Pacific Coast Highway and Landing Avenue
(t)
The surrounding land uses and zoning are as follows
NORTH Mini-MartlNorm's Bait Shop, located adjacent to the
property at the southwest corner of Pacific Coast Highway and Seal Beach
Boulevard (C-2)
SOUTH A single family residence on a site of approximately 25' x
103 5' (C-2).
WEST Single Family residences on lots of 2,000 to 3,000 square
feet in size (RM'D)
EAST
Anaheim Bay and Naval Weapons Station,
(g) Staff has prepared an initial environmental assessment and proposed
Negative Declaration as required by the California Environmental Quality Act (CEQA) for the
proposed General Plan Amendments and Zone Change, and has received comments concerning
the proposed Negative Declaration. The City has incorporated an additional condition of
approval regarding the preparation of a "Water Quality Management Plan" into the Variance
approval request
Section 5 Based upon the evidence in the record, including the facts stated in 0 4 of
this resolution, and in the environmental documentation prepared in conjunction with this
project, and pursuant to 00 28-2500 through 28-2502 of the City's Code, the Planning
Commission hereby finds as follows:
Vonance 98-5, PeR2 ....
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PlJJnmng Comm....''''' R...oIut'Dn 98-32
VQnance 98-5
AnDh..m lJDy VIII..... 32 J Sf!Qf Bf!Qch BoufeVDrd
October 7. J 998
(a) Variance 98-5 is not consistent with the provisions of the Land
Use Element of the City's General Plan, which does not permit single family residential uses on
the subject properties. The Planning Commission has recommended denial of accompanying
requests for General Plan Amendments and Zone Changes to allow future residential
development on the subject properties
(b) There are no special property related circumstances, which,
through the strict application of this Chapter, deprive the subject property of privileges enjoyed
by other property in the same vicinity and zone Specifically, the properties are not within a
residential land use classification, and the requested residential land use is not permitted under
the provisions of the existing General Plan and Zoning designations of the subject property
(c) The granting of this variance would be the granting of a special
privilege inconsistent with other limitations on other properties in the same vicinity and zone
Specifically, the southerly eight lots subject to the requested variance would have no special
circumstances, as they would adjoin other residentially zoned parcels, and could comply with the
standard setbacks of the City
Section 6.
Based on the foregoing, the Planning Commission hereby denies Variance
98-5.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 7*' day of October ,1998 by the following
vote:
AYES:
NOES:
ABSENT:
Brian M. Brown, M.D.
Chainnan, Planning Commission
Lee Whittenberg, Secretary
Planning Commission
VUWICC 91-', PCR2 doc
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