HomeMy WebLinkAboutPC Res 06-29 - 2006-08-23
RESOLUTION NUMBER 06 - 29
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING VARIANCE NO. 06-2, A
REQUEST TO ALLOW ADDITIONS WITHIN
REQUIRED SETBACK AREAS TO A
RESIDENCE WITH EXISTING
NONCONFORMING SETBACKS AT 401
CENTRAL A VENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On May 14, 2006, Edward Gulian applied for Variance 06-
2 with the Department of Development Services. The applicant is seeking to add
approximately 450 square feet to a legal non-conforming residence and is specifically
requesting the following variances:
o The existing residence encroaches into the required interior side
yard setback on the north side of the property, currently 2.5 feet is provided and 3.5 feet
is required, and a variance is requested to allow a proposed enlarged family room to
match the existing legal non-conforming setback for a net additional distance of 9 feet on
that side of the structure. As proposed, the Variance request on this portion of the family
room, results in an increased living area of 9 square feet within the standard setback area.
o The proposed family room addition on the Central Avenue side of
the structure is proposed to be set back 3.5 feet at the southwest comer of the family
room, instead of 5.5 feet. As proposed, the Variance request on this portion of the family
room, results in an increased living area of approximately 8 square feet within the
standard setback area.
o The proposed bedroom addition between the existing residence and
garage is proposed to be set back 3.5 feet at the southwest comer of the bedroom, instead
of 5.5 feet. As proposed, the Variance request on this portion of the bedroom results in
an increased living area of approximately 10 square feet within the standard setback area.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for Variance No. 06-2 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
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Planning Commission Resolution 06-29
Variance 06-2,401 Central Avenue
August 23, 2006
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 July 19, 2006 to consider the application for Variance No. 06-2.
Section 4.
The record of the hearing on July 19, 2006 indicates the
following:
(a) On May 14, 2001, Edward Gulian applied for Variance 06-2 with
the Department of Development Services. The applicant is seeking to add approximately
450 square feet to a legal non-conforming residence and is specifically requesting the
following variances:
o The existing residence encroaches into the required interior side
yard setback on the north side of the property, currently 2.5 feet is provided and 3.5 feet
is required, and a variance is requested to allow a proposed enlarged family room to
match the existing legal non-conforming setback for a net additional distance of 9 feet on
that side of the structure. As proposed, the Variance request on this portion of the family
room, results in an increased living area of 9 square feet within the standard setback area.
o The proposed family room addition on the Central Avenue side of
the structure is proposed to be set back 3.5 feet at the southwest comer of the family
room, instead of5.5 feet. As proposed, the Variance request on this portion of the family
room, results in an increased living area of approximately 8 square feet within the
standard setback area.
o The proposed bedroom addition between the existing residence and
garage is proposed to be set back 3.5 feet at the southwest comer of the bedroom, instead
of 5.5 feet. As proposed, the Variance request on this portion of the bedroom results in
an increased living area of approximately 10 square feet within the standard setback area.
(b) The subject property is located at 401 Central Avenue.
(c) The surrounding land uses and zoning are as follows:
All Directions: A mixture of high, medium, and low-density
residential units located in the Residential High
Density (RHD) Zone.
(d) The subject property contains an existing, legal, non-conforming
single-family residential home that is non-conforming due to the existing interior side yard
building setback of 2.5 feet; a minimum setback of 3.5 feet is required due to the average lot
width.
(e) The subject parcel is the only parcel of 16 on the north side of
Central Avenue between First and Fifth Street that is trapezoidal in shape, and there is I
trapezoidal parcel out of 27 parcels on the south side of Central Avenue between First
and Fifth Street.
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Planning Commission Resolution 06-29
Variance 06-2, 401 Central Avenue
August 23, 2006
(f) The subject property is trapezoidal in shape, with a narrow street
frontage of 20 feet, and the minimum street frontage for lots in this area of the City is 25
feet.
(g) The variance requested on the interior side property line would
allow for an extension ofthe existing living room an additional 9 feet towards the front of
the property, resulting in an addition of 9 square feet within the required setback area and
the proposed extension will not have any windows facing the adjacent property.
(h) The requested variances along the Central Avenue side of the
structure are across Central Avenue, which is 60 feet in width, and the requested
variances consist of encroachments of 2 feet into the required setback area for the comers
of new rooms to be constructed, and encompass a total of 18 square feet of living area
within the standard setback area.
(i) The City received two letters III opposition to the requested
vanances.
Section 5. Based upon the facts contained in the record, including those
stated in ~ 4 of this resolution and pursuant to ~~ 28-801,28-2407,28-2500,28-2501, and
28-2502 of the City's Code, the Planning Commission hereby finds as follows:
(a) Variance 06-2 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "Residential High Density"
designation for the subject property and permits residential land uses in accordance with
certain development standards. The proposed additions to an existing single-family
residence will retain the current residential character of the property, while providing
additional options to the living accommodations to the residents, which is one of the
goals of the Land Use Element. 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) Because of the special circumstances applicable to the property,
including size, shape and location of surroundings, the strict application of the Zoning
Code deprives the property of privileges enjoyed by other property in the same vicinity
and zone. Specifically, the subject property is trapezoidal in shape, with a narrow street
frontage of 20 feet, and the minimum street frontage for lots in this area of the City is 25
feet. The strict application of the setback requirements would restrict the livable area of
the lot and result in irregular room shapes in order to comply with required setback
provisions of the Municipal Code.
(c) The granting of this variance will not constitute a grant of special
privilege inconsistent with other limitations on other properties in the same vicinity and
zone, given that other properties in the vicinity have similar non-conforming structures,
and because the variance allows the subject property to have useable area roughly
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Planning Commission Resolution 06-29
Variance 06-2,401 Central Avenue
August 23, 2006
equivalent to that of the standard parcels in the surrounding area, which are rectangular in
shape with a minimum of 25 feet of street frontage.
(d) The subject property is unique physically in that it has an existing
residence on the property that is legal non-conforming to current zoning standards. The
current non-conforming setbacks are typical of those few lots within the area that are
trapezoidal in shape. The subject parcel is the only parcel of 16 on the north side of
Central Avenue between First and Fifth Street which is trapezoidal in shape, and there is
1 trapezoidal parcel out of 27 parcels on the south side of Central Avenue between First
and Fifth Street.
( e) The requested variances for the addition to the family room occur
at a location on the property where the parcel is approximately 23 feet wide. The
granting of the requested variances for the family room expansion would not be
detrimental to adjoining properties as the variance requested on the interior side property
line would allow for an extension of the existing living room an additional 9 feet towards
the front of the property, resulting in a continuation of the current building structure an
additional 9 linear feet and the proposed extension will not have any windows facing the
adjacent property. The requested variances along the Central Avenue side of the
structure for the family room expansion and the proposed new bedroom addition will not
be detrimental to adjoining properties, as the nearest properties on the Central Avenue
side are across Central Avenue, which is 60 feet in width, and the requested variance
consists of a 2 foot encroachment into the required setback area, and encompass a total of
17 square feet of living area.
(f) The granting of the requested variances, as conditioned, will
eliminate a legal, non-conforming apartment unit and convert the apartment to a master
bedroom suite for the remodeled single-family residence, bringing the property into
conformity with the density and off-street parking standards ofthe City
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Variance No. 06-2, subject to the following conditions:
1. Variance 06-2 is approved for an expansion of an existing family room and a new
bedroom into required setback areas as part of a 450 square foot, single-story
addition to the existing residence.
2. All construction shall be in substantial compliance with the plans approved
through Variance 06-2,.
3. Prior to the issuance of a building permit, the property owner shall execute and
have recorded a "Covenant and Agreement Limiting Number of Units" to
maintain the remodeled residential structure as a single-family residence. A copy
of the recorded "Covenant and Agreement Limiting Number of Units" shall be
submitted to the Department of Development Services prior to the issuance of a
building permit.
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Planning Commission Resolution 06-29
Variance 06-2,401 Central Avenue
August 23, 2006
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, attorney's
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 meeting thereof held on the 23rd day of August 2006 by the following
vote:
AYES: Commissioners
Bello, Roberts and O'Malley
NOES: Commissioners
None
ABSENT: Commissioners Ladner
ABSTAIN: Commissioners Deaton
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Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commissio
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