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Home My WebLink AboutPC Res 09-12 - 2009-04-08 RESOLUTION NUMBER 09-12 ORIGINAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 09-3, A REQUEST TO ALLOW CONSTRUCTION OF HABITABLE LIVING AREA TO A LEGAL, NONCONFORMING RESIDENTIAL STRUCTURE IN THE RESIDENTIAL MEDIUM DENSITY ZONE AT 209 16th STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 17, 2009, Jeff Jeannette submitted an application for Variance 09-3 to the Department of Development Services. Section 2. The requested variance is to construct a 738 square foot, second floor addition to an existing non-conforming residential structure without the provision of code required off-street parking. Section 3. Pursuant to 14 Calif. Code of Regs. 9 15025(a) staff has determined as follows: The application for Variance No. 09-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 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 4. A duly noticed public hearing was held before the Planning Commission on March 18, 2009 and continued to April 8, 2009 to consider the application for Variance No. 09-3. At the public hearing the Commission received all evidence and testimony regarding this matter. Section 5. indicates the following: The record of the hearings on March 18 and April 8, 2009 (a) On February 17, 2009, Jeff Jeannette submitted an application for Variance 09-3 to the Department of Development Services. The requested variance is to construct a 738 square foot, second floor addition to an existing non-confomling residential structure without the provision of code required off-street parking. 10f5 Planning Commission Resolution 09-/2 Variance 09-3 209 - J 6th Street April 8, 2009 (b) The subject property is located at 209 Sixteenth Street. (c) The subject property contains approximately 2,468 square feet of land area, has approximately 39.40 feet of frontage on 16th Street, and is trapezoidal in shape, having approximately 9.91 feet of width along the rear property line, and an average depth of approximately 102.28 feet. (d) The surrounding land uses and zoning are as follows: NORTH, EAST & WEST Residential Housing located in the Residential Medium Density (RMD), District I Zone SOUTH Residential Housing III the Residential High Density (RHD) District I Zone. ( e) Seal Beach Municipal Code Section 28-701 sets forth the following requirements regarding parking requirements for properties located on the in the Residential Medium Density Zone. Minimum Dimensions (interior dimensions), District I: Minimum Number of Spaces per Dwelling Unit (Districts I, II): 9 ft. x 20 ft. 2 (f) In response to the mailed and published notice of this hearing staff received communications regarding this request which were provided to the Planning Commission for consideration during the public hearings. Section 6. Based upon the facts contained in the record, including those stated in ~ 5 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 09-3 is consistent with the provisions of the Land Use Element of the City's General Plan and the Zoning Code which provides a "Medium Density Residential" designation for the subject property and permits single-family residential uses. The requested addition of habitable living space to a non-conforming single-family residential property will not result in an increase in the number of residential units on the property and will maintain the currently provided off-street parking spaces on the subject property. Since the provisions of the Zoning Code and the General Plan are consistent relative to allowable density of development and the required number of off-street parking spaces, although not being fully in compliance with the parking standards with this particular application, the requested addition is consistent with the General Plan. (b) There are special circumstances applicable to the subject property which would deprive the property owner from enjoying the same privileges enjoyed by other property owners within the same vicinity and zone. The subject property contains approximately 2,468 square feet of land area, has approximately 39.40 feet of frontage on 16th 20f5 Planning Commission Resolution 09-12 Variance 09-3 209 - J rJh Street April 8, 2009 Street, and is trapezoidal in shape, having approximately 9.90 feet of width along the rear property line, and an average depth of approximately 102.28 feet. The subject property is located in the only Residential Medium Density Zoned area in "Old Town." Within this area there are a total of 232 parcels, and 15 of those are irregular shaped parcels. Of the 15 irregular shaped parcels, there are 5 parcels that are located immediately north of the Electric Avenue alley and on the west side of one the subject streets (209 13th, 209 14th, 209 15t\ 209 16th, and 209 17th Streets). These 5 lots have the following width across the rear property line adjacent to the alleyways: 209 13th Street27.39 feet 209 14th Street 11.36 feet 209 15th Street 10.63 feet 209 16th Street 9.90 feet (Subject Property) 209 17th Street 9.17 feet These 5 properties comprise less than one-half of one percent of the lots in the subject Residential Medium Density zone area. In addition the subject lot is one of four of the irregular shaped lots that have less than 25 feet of frontage along the alley, which is the minimum lot width for lots in this area of the City. The subject lot has a rear property width that is 39.6% of the required minimum lot width under the development standards of the City for this area, and the second smallest rear property line width of the five lots. (c) The granting of Variance 09-3, as conditioned, would not constitute a special privilege given to one resident and not another by virtue of the fact that the requested addition of habitable living space to a non-conforming single-family property is conditioned upon the continued provision of an area on the property to accommodate the parking of two vehicles. These conditions will bring the subject property into greater overall conformity with the provisions of the General Plan and Zoning Code relative to the provision of off-street parking spaces on the subject property, resulting in less impact to surrounding properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Variance No. 09-3, subject to the following conditions: 1. All construction shall be in substantial compliance with the plans approved through Variance 09-3, including the provision of 2 permanent, concrete-filled, bollard posts located in accordance with "Exhibit A" - Bollard Post. 2. All construction shall comply with the requirements of the Uniform Building Code and Uniform Fire Code, as locally amended by the City of Seal Beach. 3. The property owner hereby consents to not parking any "recreation vehicle" on the parking area that restricts the availability of the parking area to be utilized by two passenger vehicles. 30f5 Planning Commission Resolution 09-12 Variance 09-3 209 - j(Jh Street April 8, 2009 4. 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 ten (10) day appeal period has elapsed. 5. 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 Seal Beach at a meeting thereof held on the 8th day of April 2009 by the following vote: AYES: Commissioners Deaton, Eagar, Larson, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Bello ABSTAIN: Commissioners None ~aAJ~~) / Ellery Deaton Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commissi ***** 40f5 "Exhibit A" - Bollard Post 'i/.. \,) <( ~ ~ y ,,\I) NZ i= \I) ~ Planning Commission Resolution 09-12 Variance 09-3 209 - 16th Street April 8, 2009 / ..9-.'C11 ~ 1) D . '- ~IU ; . ~ ~~ - ~ OF i \,)~ lL ~ O\fl w.... ~oc ..J() ~& 6~ () _I " - I (:) N >: =t \I) Y.. ~ bill _I \J) ~oc .c( III OC '- ill ..J a \!)Q.. ~~ \1)- -....I x- w5 V --l 1 IIlhb ),,;1""1"1\1' -I - - IU wll..Z [Q ~~g F \l)ll..<Ii( 'i/.. . <Ii( D ., <(., Z ~ - v;:) :r: D....... a .... ~ :s: II.. = .... ill lOI'<t 3:\1).... - ill () ll.! ....I Z D.. ~ <t. Q U .... oc Z - <( a '4" ..Ju -IZ 2- --.. .... 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