HomeMy WebLinkAboutPC Res 03-07 - 2003-05-07
RESOLUTION NUMBER 03-7
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH DENYING
VARIANCE NO. 03-1, A REQUEST TO ALLOW AN
8-FOOT TALL FOUNTAIN THE SIDE YARD
SETBACK IN A RESIDENTIAL ZONE AT THE
PROPERTY LOCATED AT 250 OCEAN AVE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On January 23, 2003, Jim Watson filed an application with the
Department of Development Services for Variance 03-1. The application was deemed
incomplete, as additional plans were required. Once these plans were submItted, the application
was scheduled at the next available Planning Commission meeting.
SectIOn 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the
CIty'S Local CEQA GUIdelines, staffhas determined as follows: The applIcation for VarIance
No. 03-1 is categorically exempt from review pursuant to the California Environmental QualIty
Act pursuant to 14 Calif. Code of Regs. 9 15303(a) (New Construction of Small Structures),
because the application is for the construction of three (3) or less single falTIily dwellIngs in an
urbanized area; 9 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 9 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 PlalIDing
Commission on March 19,2003 to consider the applIcation for Variance No. 03-1. At the hearing
the applicant spoke in favor ofthe request, WIth no other people speaking in opposition.
Section 4.
The record of the hearing on March 19, 2003 indicates the
following:
(a) On January 23, 2003, Jim Watson filed an application with the
Department of Development Services for Variance 03-1. The applicatIOn was deemed
incomplete, as additional plans were required. Once these plans were submitted, the applicatIOn
was scheduled at the next available Planning Commission meeting.
(b) The subject property is located at 250 Ocean Avenue.
(c) The subject property is rectangular in shape (50' x 196') with a lot
area of approximately 9800 square feet.
(d) The surrounding land uses and zoning are as follows:
NORTH, EAST & WEST A mixture of single-falTIily and multi-family residences located in
the Residential HIgh Density (RHD) and Residential Low Density (RLD) zones.
SOUTH
The PaCIfic Ocean in the Public Land Use/Recreation (pLU/R) zone.
(e) In response to the mailed and published notice of this hearing staff
received no complaints to this request.
Section 5. Based upon the facts contained in the record, including those stated in
94 ofthis resolution and pursuant to 99 28-2500 through 28-2502 ofthe City's Code, the
PlalIDing Commission hereby finds as follows:
(a) Variance 03-1 is conSIstent with the provisions of the Land Use
Element of the CIty'S General Plan, which provides a "high density residential" designation for
the subject property and permits single and multiple falTIIly residential uses. The use is also
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Planmng CommISSIOn ResolutIOn No 03-7
Vartance 03-1 250 Ocean Avenue
May 7, 2003
consistent with the remaining elements of the City's General Plan, as the 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) The subject property is similarly situated to the majonty of (if not
all) properties along Seal Way within the Old Town area of the City.
(c) The granting of this variance will constitute a special pnvllege
given to one resident that would not be afforded to another.
(d) The PlalIDing CommissIOn and City Council have recently spent a
considerable alTIount oftime reviewing the standards withm the City relating to fences, wall
heights, and non-conforming residential structures and have directed staff to prepare the
necessary Zone Text Amendments to remove any portions of the Municipal Code which would
allow expansions to nonconforming residential structures. This application will only further the
non-conformities which exist in the City.
Section 6.
Variance No. 03-1.
Based upon the foregoing, the Planning CommIssIOn hereby denies
PASSED, APPROVED AND ADOPTED by the PlalIDing CommissIOn of the City of Seal Beach
at a meeting thereof held on the ih day of May 2003 by the followmg vote:
AYES: Commissioners
Hood, Ladner, Sharp, Deaton, Shanks
NOES: CommiSSIOners
ABSENT: Commissioners
ABSTAIN: Commissioners
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Mac Cummins, Secretary
PlalIDing Commission
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