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RESOLUTION NUMBER 01-23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING VARIANCE
NO. 01-2, A REQUEST TO ALLOW THE
ENCROACHMENT INTO THE REAR YARD SETBACK
AREA FOR THE EXPANSION OF AN EXISTING
GARAGE AT 316 ELEVENTH STREET
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On April 24, 2001 Jim MeCoy "The Applicant" submitted an
application for Variance 01-2 with the Department of Development Services. Specifically, the
applicant is requesting a variance to eneroaeh into the required rear yard setback in a residential
zone.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and * lI.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Variance
No. 01-2 is categorically exempt from review pursuant to the California Environmental Quality
Act pursuant to 14 Cali!: Code of Regs. ~ 15303(a) (New Construction of Small Structures),
bccausc the application is tor 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 inland use limitations in an area with an average slope of less than 20% and no
changes inland 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 efTect on
the environment.
Scction 3. A duly noticed public healing was held before the Planning
Commission on July 11,2001 to consider the application for Variance No. 01-2.
Section 4.
The record of the hearing on July 11,2001 indicates the following:
(a) On April 24, 2001, Jim McCoy ('The Applicant") submitted an
application for Variance 01-2 with the Department of Development Services. Specifically, the
applicant is requesting a Val'iallce to encroach into the required rear yard setback in a residential
zone.
(b) The subject property is located at 316 Eleventh Strect.
(c) Thc subject property is trapezoidal in shape with a lot arca of
approximately 4788 sqUal"e feet.
(d)
The slUl'Ounding land lIses and zoning are as lollows:
SOUTH & EAST
Residential I-lousing in both Residential Medium Density
(RMD) and Residential High Dcnsity (RHO) zones.
NORTH
Residential housing in a RMD zone and Zocter Field in a
Public Land Use/Recreation (PLU/H..) zone.
WEST
Residential I-lousing in a High Density Residential (RHO)
zone and Commercial businesses in the Main Strect
Speci lic Plan zone.
(e) In response to the mailed and published notice of this hearing stair
has received no complaints, written or other, to this request.
CIVUIIUIICC\VAROl-2 316IJth'I\VAROI-2Rcsolullon316IIlhSI docILWI05-30.01
Planning CommissIon Resoll/tlOn No. 01-23
Variance 01-2,316 Eleventh Street
JUlie 6, 2001
Section 5. Based upon the facts containcd 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 01-2 is consistent with the provisions of the Land Use
Element of the City's Gcncral Plan, which provides a "high density residential" designation lor
the subject property and pennits single and multiple family residential uses. Thc usc is also
consistent with the remaining elements of the City's General Plan, as the policies of those
elements are consistent with, and re1lected in, the Land Use Elemcnt. Accordingly, the proposed
use is consistent with the General Plan.
(b) There is a special and unique characteristic to this property that is
generally not present elsewhere in the City. This characteristic is that the property abuts 2 alleys,
where most properties in the City only abut onc. This characteristic allows the owner to enter
their garage from the side alley, rather than the rear. which is where the majority of property
uwners enter.
(c) The Granting of this Variance will not constitute a special privilege
given to one resident and not another by virtue of the fact that the subject property faces 2 alleys
and the entrance to the garage will be from the sidc alley and not the rear. Additionally, there is
an existing structure which is setback 6 feet from the property line.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Variance No. 01-2, subject to the following conditions:
1. Variance 01-2 is approved to allow the encroachment of the garage into the rear yard setback
area and will be setback approximately 6 feet from the property line. This area will remain
Oush with the existing house.
2. All construction shall be in substantial compliance with thc plans approved through Variance
01-2.
3. The entrance from to the garage shall remain on the sidc alley and shall not be from the rear
alley. unlcss new construction occurs such that the appropriate rear yard setback can be met.
4. This Variance shall not become etIective tor any purpose unless an "Acceptancc of
Conditions" forlll has been signcd by the applicant in the presence of the Director of
Development Serviees, or notarized and retw11ed to the Planning Departmcnt; and until the
ten (10) day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 11th day of Julv ,2001 by the following vote:
AYES: Commissioners
Hood, Cutuli, Brown, Ladner, Sharp
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners
(fl~Y--(
VAR 01-2 Rcsolllllon316 11th M
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Jee Whittenberg, Secretary
Planning Commission
VAl{ 01-2 R<solullOn 316 11th St
PIUlIIlIlIg COIllIllISSIOII Re.wlutlOlI No. 01-23
Val'lallce 01-2, 316 Eleventh Street
JUlie 6, 2001
David Hood, Ph.D., Chairman
Planning Commission
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