HomeMy WebLinkAboutPC Res 09-39 - 2009-10-21RESOLUTION NUMBER 09 -39 '*4
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING VARIANCE 09 -7 TO MAINTAIN THE
CURRENT FOUR FOOT (4' -0 ") REAR ALLEY
SETBACK FOR AN EXISTING GARAGE AT 334
12 STREET, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On September 11, 2009, John and Michelle Currey applied
for Variance 09 -7 with the Department of Development Services. The applicants are
seeking to maintain the current four foot (4' -0 ") rear alley setback for an existing garage
at 334 12 Street, Seal Beach.
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. 09 -7 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 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 October 21, 2009 to consider the application for Variance No. 09 -7.
Section 4 . The record of the hearing on October 21, 2009 indicates the
following:
(a) On August 17, 2009, John and Michelle Currey
applied for Variance 09 -7 with the Department of Development Services. The
applicants are seeking to maintain the current four foot (4' -0 ") rear alley setback for an
existing garage at 334 12 Street, Seal Beach.
(b) The subject property contains approximately 4,112
square feet and is located at 334 12 Street.
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Planning Commission Resolution No. 09 -39
Variance 09 -7
334 — 12' Street
October 21, 2009
(c) The subject property has approximately 37.5 feet of
frontage on 12 Street, 117.5 feet of frontage along Landing Avenue, and is rectangular
in shape.
(d) The surrounding land use and zoning are as follows:
NORTH: Single and multiple family residences in the Residential High Density
(RHD) Zone.
SOUTH: Single and multiple family residences in the Residential High Density
(RHD) Zone and Residential Medium Density (RMD) Zone.
EAST: Single and multiple family residences in the Residential Medium Density
(RMD) Zone.
WEST: Single and multiple family residences in the Residential Medium Density
(RHD) Zone; educational uses within the Public Land Use /Recreation
(PLU /R) Zone.
(e) The subject property is one of only 25 such properties
within the old town area, out of over 1,200 total properties, that have a similar
configuration with the garage access taken from the side street.
(f) The City has received no comments, written or
otherwise, responding to the mailed notices of the hearing on VAR 09 -7.
Section 5 . Based upon the facts contained in the record, including those
stated in § 4 of this resolution and pursuant to §§ 28 -2407, 28 -2500, 28 -2501, and 28-
2502 of the City's Code the Planning Commission hereby finds as follows:
(a) Variance 09 -7 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 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 layout, development of the property, 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 a corner lot with a garage orientation towards the side street instead
of towards the alley. This type of development is found in less than 2% of all properties
in old town. Additionally, the strict application of the setback requirements would restrict
the developable area of the lot and result in less usable open space on the lot than is
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Planning Commission Resolution No. 09 -39
Variance 09 -7
334 — 12' Street
October 21, 2009
presently proposed, 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 do not have such
developmental configurations, by having garage access from the public alley instead of
the side street.
(d) The requested variance to maintain the current four
foot (4' -0 ") rear alley setback for an existing garage would not be detrimental to
adjoining properties as the variance requested would allow for an adequate turn radius
into the existing garage and would not interfere with the turn radii of abutting properties.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Variance No. 09 -7, subject to the following conditions:
1. Variance 09 -7 is approved to maintain the current minimum four (4' -0 ") foot rear
alley setback for an existing garage at 334 12 Street, in accordance with the
plans submitted for Variance 09 -6.
2. 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 10 day appeal period has elapsed.
3. 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 21 st day of October 2009 by the following vote:
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Planning Commission Resolution No. 09 -39
Variance 09 -7
334 — 12` Street
October 21, 2009
AYES: Commissioners Deaton, Bello, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners Galbreath and Larson
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
4 ' 4 1UfA4.,j- V P -.
Terrence Belanger
Interim Secretary, Planning Com sion
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