Planning commission approves variance for two Ocean Avenue homes after city staff and applicant agree revised revocation language

Seal Beach Planning Commission on Sept. 2 approved Resolution No. 25-05, granting Variance 25-001 for single-family residences at 1313 and 1315 Ocean Avenue to allow less than the code-required permeable surface in required setback areas in exchange for an on-site engineered drainage system. The motion passed 3-0; the city attorney said a 10-day appeal period begins the day after the decision.

The variance allows the property owners to use an alternative drainage system — an infiltration basin bounded by a concrete edge beam and filled with crushed rock — in place of meeting the municipal code requirement that at least 50% of the setback area be permeable. Associate Planner Patricia Garcia told the commission staff had inspected the built work and that public works reviewed the alternative drainage plan and concurred it “would serve as an alternative method that provides the same or better drainage than what is required by city standards.”

Staff said the two rectangular lots each total roughly 2,500 square feet and that, under the RHD-20 zone setback calculations, each lot has about 1,058 square feet of required setback area and therefore would ordinarily require at least 529.5 square feet of permeable surface within setbacks. During a field inspection after building permits were issued in September 2023, staff observed that approximately 180 square feet of landscaping had been installed and that the remainder of the setback areas had been hardscaped; the applicant installed an alternative drainage system instead.

Applicant Greg Bennett, the project architect, said the constructed infiltration basin is 3 feet wide by 20 feet long and 3 feet deep, filled with 3/4-inch crushed rock, and that the system captures roughly 87–90% of rainfall on the site. Bennett said the water table “on this site specifically is between 10.8 and 11.4 feet down,” and argued that because building footings extend into the side yard below grade, installing pervious material adjacent to those footings would risk water stacking, liquefaction, settlement and damage to the structures. “So what we put in meets the code criteria and exceeds it radically. So it's a safer system,” Bennett said.

Garcia told commissioners the permeable-surface requirement is intended to keep pollutants on site during rain events; she said the applicant’s drainage device captures pollutants on-site and that public works engineers had reviewed and concurred with the alternative design. Staff recommended the commission adopt the resolution approving the variance with conditions and find the project exempt from CEQA under the Class 1 categorical exemption.

During public comment and deliberations the applicant raised concern about Condition No. 7 in the draft resolution, which he said contained language that might allow the city in the future to “replicate the variance” — in his words, to impose the variance or otherwise affect future owners for minor violations discovered years later. Staff and the city attorney said revocation of a variance is a formal process that would require notice and another public hearing; they proposed revised language confined to violations of the “approved conditions herein.” City attorney Grayson characterized the provision as “standard language” intended “to make sure that in the future any property owner is in compliance with the reasons why this was granted.” The applicant agreed to the revision. The commission then approved the resolution with the amended language.

Formal action recorded: the commission adopted Resolution No. 25-05 approving Variance 25-001 with conditions and a finding of categorical exemption (Class 1); roll-call votes recorded were Commissioner Campbell — yes; Commissioner Nolte — yes; Chair Wheeler — yes. The city attorney stated an appeal period of 10 days starts the day after the decision.

Discussion (not action) included commissioner questions about local groundwater; City Engineer Catherine Cho said groundwater depths vary across Seal Beach and are “somewhat shallow” near the beach and that she would provide a site-specific water‑table depth to commissioners after the meeting. The applicant and staff discussed that the alternative drainage system was inspected by public works and the building inspector, and that the applicant had not originally included the device on the approved planning plans.

This action applies only to the variance request for 1313 and 1315 Ocean Avenue as described in the staff report and in the resolution. No other code changes or citywide policy changes were adopted by the commission at this meeting.