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Home My WebLink AboutPC Res 09-35 - 2009-11-04RESOLUTION NUMBER 09 -35 O oo pz� j 1 / A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 09 -6 TO MAINTAIN THE CURRENT FOUR FOOT (4' -0 ") REAR ALLEY SETBACK FOR AN EXISTING GARAGE AT 222 CENTRAL WAY, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On September 7, 2009, Louis and Pamela Mannone applied for Variance 09 -6 with the Department of Development Services. The applicants are requesting to maintain the current four foot (4' -0 ") rear alley setback for an existing garage at 222 Central Way, Seal Beach. 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. 09 -6 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 and continued to the regular meeting of November 4, 2009, to consider the application for Variance No. 09 -6. Section 4 . The record of the hearings on October 7, 2009 and November 4, 2009, indicate the following: (a) On September 7, 2009, Louis and Pamela Mannone applied for Variance 09 -6 with the Department of Development Services. The applicants are requesting to maintain the current four foot (4' -0 ") rear alley setback for an existing garage at 222 Central Way, Seal Beach. (b) The subject property is approximately 5,875 square feet in area and is located at 222 Central Way. 1 of 4 Planning Commission Resolution No. 09 -35 Variance 09 -6 222 Central Way November 4, 2009 (c) The subject property has approximately 50 feet of frontage on 3 rd Street and 117.5 feet of frontage along Central Way, 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 High Density (RHD) Zone. WEST: Single- and multiple - family residences in the Residential High Density (RHD) 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 -6. 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 -6 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 retention of the existing four foot (4' -0 ") rear alley setback will maintain 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 2 of 4 Planning Commission Resolution No. 09 -35 Variance 09 -6 222 Central Way November 4, 2009 the developable area of the lot and result in less usable open space on the lot than is 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 over 98% of 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 -6, subject to the following conditions: 1. Variance 09 -6 is approved to maintain the current minimum four (4' -0 ") foot rear alley setback for an existing garage at 222 Central Way, 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. 3 of 4 Planning Commission Resolution No. 09 -35 Variance 09 -6 222 Central Way November 4, 2009 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of November 2009 by the following vote: AYES: Commissioners Massa- Lavitt, Bello, Galbreath, and Larson NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners Deaton AMLI Ne . Sandra Massa - Lavitt Vice - Chairperson, Planning Commission Terrence Belanger Acting Secretary, Planning C=4 sion 4 of 4