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Home My WebLink AboutPC Res 05-47 - 2005-09-21 RESOLUTION NUMBER 05-47 OR/G/III 1114l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 05-5, A REQUEST TO ALLOW A FIVE FEET HIGH WALL AT THE REAR PROPERTY LINE, WHERE THE CODE REQUIRES A REAR SETBACK OF FIVE FEET, SIX INCHES AT THE PROPERTY LOCATED AT 112 & 114 EIGHTH STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 17, 2005, Kim Ha filed an application with the Department of Development Services for Variance 05-5. Specifically, the applicant is requesting a variance to allow a five feet high wall at the rear property line where the code requires a rear setback of five feet, six inches from a rear property line adjacent to an alley. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 05-5 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303(a) (New Construction of Small Structures), because the application is for 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 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 ~ 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 Planning Commission on September 21,2005 to consider the application for Variance No. 05-5. Section 4. The record of the hearing on September 21, 2005 indicates the following: (a) On August 17, 2005, Kim Ha filed an application with the Department of Development Services for Variance 05-5. (b) The applicant is seeking approval to construct a five feet high wall at the rear property line adjacent to an alley. The Code requires fences be located five feet, SIX inches from a rear property line when adjacent to an alley. (c) The subject property, Orange County Assessor's parcel number 199-034- 22, is located in District 1, in the Old Town area of Seal Beach. The property includes, one and one-half lots, rectangular in shape with the following dimensions: 37.5' x 117.5' (4,406.25 square feet). Page 1 of4 Planmng CommISSIOn Resolution No 05-47 Varzance 05-5 112 & 114 8th Street September 21, 2005 (d) The density allowed in District 1 is one unit per 2,178 square feet of lot area. The subject property, at 4,406.25 square feet, is of adequate size for two dwelling units. (e) Two attached units are under construction at 112 & 114 8th Street. Each house has a two-car garage that is accessible from the alley on the south side ofthe property. (f) The surrounding land use and zoning are as follows: North Multi-unit apartment building adjacent to subject property, and a mix of single family to multi-family residences in the Residential High Density (RHD) zone. South Across 15' wide alley, a mix of single family to multi- family residences on Ocean Avenue in the Residential High Density (RHD) zone. East Across 15' wide alley, commercial businesses in the Main Street Specific Plan (MSSP) zone. Clancy's Restaurant is directly across alley from subject property. West Across 8th Street, a mix of single family to multi-family residences in the Residential High Density (RHD) zone. (g) City has received no comments, written or other, in response to the mailed or published notices for the public hearing on V AR 05-5. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-2316, 28-2500 through 28-2502 of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 05-5 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 residential uses. The use is also 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 unique physically in that it has two power poles near the rear comers of the lot, the rear alley is not used for garage access, the commercial business parking lot is across from the alley and the fact that alleys surround the property on the side and the rear. (c) The granting of this variance will not constitute a special privilege given to one resident that would not be afforded to another by virtue of the fact that two power poles are existing adjacent to the rear comers of the property, this property has garages facing the side alley, this property has a commercial parking lot across the alley and not a more typical opposing garage, and the property has alleys on two sides. Page 2 of4 Planning CommissIOn ResolutIOn No. 05-47 Varzance 05-5 J J 2 & J J 48th Street September 2 J, 2005 Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 05-5, subject to the following conditions: 1. Variance 05-5 is approved for a five feet high fence along the rear property line at 112 & 114 8th Street. 2. All construction shall be in substantial compliance with the plans approved through Variance 05-5, including site distance triangles to remain clear, construction of the fence at the comers to include 3 feet high solid wall and the upper 2 feet high clear glass or other visually open construction, and shall include reflective materials and lighting along the rear portion ofthe wall facing the rear alley. 3. No portion of the wall shall exceed 5 feet in height in the rear 5 feet, 6 inches of the property. 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. If any claim, action or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the this approval, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such actIOn against City within ten working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if City fails promptly to notify Developer of any action against City, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse all of City's defense costs including, without limitation, court costs, attorneys fees incurred by counsel selected by the City, and expert witness fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meetmg thereof held on the 21st day of September 2005 by the following vote: AYES: Commissioners Shanks, Deaton, O'Malley, and Roberts, NOES: Commissioners None ABSENT: Commissioners Ladner Page 3 of4 Lee Whittenberg Secretary, Planning Commi **** Page 4 of4 Planmng CommissIOn ResolutIOn No 05-47 Variance 05-5 1/2 & 1/4 8th Street September 21,2005 4~~ Gor on S s Chairperson, Plannmg Commission