HomeMy WebLinkAbout3 - VAR 11-2 (400 Ocean Ave)November 2, 2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject VARIANCE 11 -2
400 Ocean Avenue
GENERAL DESCRIPTION
Applicant: HAROLD B. ROTHMAN
Owner: HAROLD B. ROTHMAN
Location: 400 OCEAN AVENUE
Classification of RESIDENTIAL Low DENSITY (RLD -9)
Property:
Request: FOR A VARIANCE TO ALLOW THE SUBDIVISION OF AN EXISTING
75' -0" WIDE LOT WITHIN THE RLD -9 ZONE INTO A 42' - 6 " WIDE
CORNER LOT AND A 32' -6" WIDE INTERIOR LOT. THE MINIMUM
LOT WIDTH WITHIN THE RLD -9 ZONE IS 50' -0 ".
Environmental Review: PURSUANT TO ARTICLE 18, §15270, OF CEQA GUIDELINES,
THIS PROJECT IS STATUTORILY EXEMPT FROM CEQA.
Code Sections: 10.05; 11.2.05.015; 11.4.05.100.D OF THE SEAL BEACH
MUNICIPAL CODE
Recommendation: DENY VARIANCE 11 -2. DENIAL SHOULD BE THROUGH THE
ADOPTION OF PLANNING COMMISSION RESOLUTION 11 -27.
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
i ACTS
❑ On September 21, 2011, Harold B. Rothman ( "the applicant ") submitted an
application for Variance 11 -2 to the Department of Development Services.
❑ The applicant is requesting a Variance to allow a subdivision of an existing 75' -0"
wide lot within the Residential Low Density (RLD -9) zone. The proposed resulting
lots would measure 42' -6" wide (corner lot) and 32' -6" wide (interior lot).
.❑ The subject property is approximately 14,700 sq. ft. in area and is located at 400
Ocean Avenue, within the neighborhood more commonly known as the "Gold
Coast ".
❑ The subject property has approximately 75.0 feet of frontage on Ocean Avenue, and
has a depth of approximately 196' -0 ".
❑ The property is presently developed with a single - family dwelling.
❑ The surrounding land use and zoning are as follows:
NORTH: Single and Multi- family residences in the Residential High
Density (RHD -20) zone.
SOUTH: Public beach; Pacific Ocean
EAST: Single family residences in the Residential Low Density
(RLD -9) zone.
WEST: Single family residences in the Residential Low Density
(RLD -9) zone.
❑ As of November 30, 2011, Staff has received one phone call, in response to the
hearing notices that were mailed out and published for Variance 11 -2.
DISCUSSION
The subject property, Orange County Assessor's parcel number 199- 114 -01, is located
within the Residential Low Density (RLD -9) zone at 400 Ocean Avenue. The property
currently contains a single -story, single family dwelling. The lot is a corner lot of
approximately 14,700 square feet in area and has a street frontage of 75' -0 ".
The applicant proposes to subdivide the existing lot into two smaller lots of
approximately 8,330 square feet (corner lot) and approximately 6,370 square feet
2
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
(interior lot). The street frontage of the proposed two new lots would be 42' -6" and 32'-
6" respectively, neither of which would meet the City's current minimum lot width
standards for corner or interior lots within the RLD -9 zone.
The City has previously approved at least one parcel map along the Gold Coast. In
2007 the City approved Tentative Parcel Map 2007 -145 for the division of the property
at 450 Ocean Avenue (previously known as Assessor Parcel Number 199 - 114 -05).
Like the subject property, it was a 75 -foot wide corner lot that was subdivided into a 42'-
6" corner lot and a 32' -6" interior lot. There was nothing in the City's then applicable
subdivision ordinance or Zoning Code, however, that would have permitted such a
division of land.
Neither the current Zoning Code nor the current subdivision ordinance permits the
creation of substandard lots. It would therefore violate the City's Municipal Code to
approve the proposed lot division because the resulting lots would not comply with the
City's current minimum lot width standards. Although the City may have approved a
parcel map under similar conditions previously this practice is contrary to the mandatory
requirements of the Municipal Code
The only means of approving the proposed lot division would be to grant a variance.
Variances are only granted in unique situations where a particular property cannot
conform to the code due to unique physical characteristics of the property, unique
development upon the property, or in a situation where the strict application of the
Zoning Code would deprive a property of privileges enjoyed by other property in the
same vicinity and zone.
Section 11.5.20.020.13 of the Municipal Code states that a Variance shall only be
granted if the Planning Commission finds, based upon evidence presented at the
hearing:
1. The Variance conforms in all significant respects to the General Plan and
with any ordinances adopted by the City Council;
2. Because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of
the Zoning Code deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning district classification;
3. The Variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone district in
which such property is situated; and
4. Authorization of the Variance substantially meets the intent and purpose
of the zoning district in which the property is located and will not be
detrimental to the health, safety, and welfare of persons living or working
in the neighborhood or to the general welfare of the City.
3
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
With regard to the subject property, Staff does not believe that the property meets the
minimum criteria for a Variance because the requisite findings cannot be made. There
is nothing about size, shape, configuration, or other physical characteristics of the
subject property that deprives it of an opportunity to be used in the same manner as
similarly situated properties. Properties in the vicinity (i.e., along the "Gold Coast ") are
used for single family residential purposes, as is the subject property.
Staff does not believe that any unique condition exists, either with the property itself, or
with the existing development on the property, that necessitates a positive
recommendation for granting the Variance.
RECOMMENDATION
Staff recommends that the Planning Commission, after considering all relevant
testimony, written or oral, presented during the public hearing, deny proposed Variance
11 -2 for the subdivision of an existing 75' -0" wide lot within the RLD -9 zone into a 42' -6"
wide corner lot and a 32' -6" wide interior lot, within the Residential Low Density (RLD -9)
zone at 400 Ocean Avenue.
Staffs recommendation is based upon the following:
® Proposed Variance 11 -2 does not conform to the General Plan or with any
ordinances adopted by the City Council, specifically, the Zoning Code, as the
proposed subdivision would result in the creation of two substandard lots. The
newly created lots would be considered substandard because they would not
meet the City's current minimum lot width standards.
• There are no special circumstances applicable to the property, including size,
shape, topography, location or surroundings, where the strict application of the
Zoning Code deprives the subject property of privileges enjoyed by other
property in the vicinity and under identical zoning district classification, as all of
the properties within the Gold Coast area are rectangular in shape and there are
no other constraints upon the subject lot that would preclude its redevelopment
in compliance with RLD -9 zoning development standards;
• The approval of the Variance would constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone
district in which the subject property is situated. The existing lot can be
developed with a single family dwelling and comply with all of the Zoning Code
requirements; and
4
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
m Authorization of the Variance would not substantially meet the intent and
purpose of the zoning district in which the property is located, as development
standards within the RLD -9 zone were established to facilitate uniform
development patterns, adequate building setbacks, and place controls on
residential density within the zone.
For: December 7, 2011
J
er m livers, AICP
ni Planner — Development Services
Attachments: (3)
Attachment 1: Proposed Resolution No. 11 -27 - A Resolution of the
Planning Commission of the City of Seal Beach, denying
Variance No. 11 -2, for the subdivision of an existing 75' -0"
wide lot into a 42' -6" wide corner lot and a 32' -6" wide
interior lot within the RLD -9 zone at 400 Ocean Avenue,
Seal Beach
Attachment 2: Correspondence received from the Applicant's attorney
Attachment 3: Assessor's Parcel Map of the subject area
5
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
ATTACHMENT 1
PROPOSED RESOLUTION NO. 11 -27 - A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH, DENYING
VARIANCE 11 -2, FOR THE SUBDIVISION OF AN
EXISTIGN 75' -0" WIDE LOT INTO A 42' -6" WIDE
CORNER LOT AND A 32' -6" WIDE INTERIOR
LOT WITHIN THE RLD -9 ZONE AT 400 OCEAN
AVENUE, SEAL BEACH
C
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
RESOLUTION NUMBER 11 -27
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH DENYING
VARIANCE 11 -2, FOR THE SUBDIVISION OF AN
EXISTING 75' -0" WIDE LOT INTO A 42' -6" CORNER
LOT AND A 32' -6" WIDE INTERIOR LOT AT 400
OCEAN AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On September
applicant ") submitted an application to
Development Services for Variance 11 -2.
21, 2011, Harold B. Rothman ( "the
the City of Seal Beach Department of
Section 2 . The requested variance is for the subdivision of an existing
75-0" wide lot into a 42' -6" wide corner lot and a 32' -6" wide interior lot.
Section 3 . Pursuant to Article 18, §15270 of CEQA Guidelines, staff
has determined as follows: Variance 11 -2 for the subdivision of a 75' -0" wide lot into a
42' -6" wide corner lot and a 32' -6" wide interior lot, is statutorily exempt exempt from
review pursuant to the California Environmental Quality Act, because projects which are
disapproved are not subject to CEQA review.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on December 7, 2011, to consider the application for Variance 11 -2. At
the Public Hearing, the Planning Commission received and considered all evidence
presented, both written and oral, regarding the subject application.
Section 5 . The record of the hearing of December 7, 2011, indicates
the following:
a. On September 21, 2011, Harold B. Rothman
submitted an application to the City of Seal Beach Department of Development
Services for Variance 11 -2.
b. The requested variance is for the subdivision of a 75'-
0" wide lot into two smaller lots measuring 42' -6" wide (corner lot) and 32' -6" wide
(interior lot).
C. The surrounding land uses and zoning are as follows:
7
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
NORTH: Single and Multi- family residences in the
Residential High Density (RHD -) zone.
SOUTH: Public beach; Pacific Ocean.
EAST: Single family residences in the Residential Low
Density (RLD -9) zone.
WEST: Single family residences in the Residential Low
Density (RLD -9) zone.
d. The subject property is approximately 14,700 square
feet in area and is located at 400 Ocean Avenue.
e. The subject property has approximately 75.0 feet of
frontage on Ocean Avenue and has a depth of approximately 196.0 feet.
The property is presently developed with a single
family dwelling.
g. There are no physical constraints upon the existing lot
that would preclude redevelopment of the lot in a manner consistent with the
development of surrounding lots or that would justify the granting of a Variance.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §10.05; §11.2.05.015.A;
§11.4.05.100.D; and §11.5.20 of the Seal Beach Municipal Code, the Planning
Commission makes the following findings:
a. Proposed Variance 11 -2 does not conform to the
General Plan or any ordinances adopted by the City Council, specifically, the Zoning
Code, as the proposed subdivision would result in the creation of two substandard lots.
The proposed lots would be considered substandard because they would not meet the
City's current minimum lot width standards;
b. There are no special circumstances applicable to the
property, including size, shape, topography, location or surroundings, where the strict
application of the Zoning Code deprives the subject property of privileges enjoyed by
other property in the vicinity and under identical zoning district classification, as all of
the properties within the Gold Coast area are rectangular in shape and there are no
other constraints upon the subject lot that would preclude its redevelopment in
compliance with RLD -9 zoning development standards;
C. The approval of the Variance would constitute a grant
of special privileges, inconsistent with the limitations upon other properties in the vicinity
P
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
and zone district in which the subject property is situated, as the existing property at
400 Ocean Avenue is suitable for redevelopment and no other properties within the
Gold Coast area would be allowed a similar request for subdivision; and
d. Authorization of the Variance would not substantially
meet the intent and purpose of the zoning district in which the property is located, as
development standards within the RLD -9 zone were established to facilitate uniform
development patterns, adequate building setbacks, and place controls on residential
density within the zone.
Section 7 . Based upon the foregoing, the Planning Commission hereby
denies Variance 11 -2.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
, 2011, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa -Lavitt
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
9
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
ATTACHMENT 2
CORRESPONDENCE RECEIVED FROM THE
APPLICANT'S ATTORNEY
10
COHEN & RICHARDSON, PC
Jeffrey A. Cohen
Eric W. Richardson
Alexander Yoffe
Erik S. Veile
2321 Rosecrans Avenue, Suite 4210
El Segundo, CA 90245
Office (310) 469 -9600
Facsimile (310) 469 -9610
Jeffrey C. Engerman
of Counsel
October 20, 2011
Jerry Olivera, AICP
Senior Planner - Development Services City of Seal Beach
2118" Street
Seal Beach, CA 90740
Re: 400 Ocean Avenue Seal Beach, CA 90740
Our File No: 7065.002
Dear Mr. Olivera:
Via U.S. Mail and E -mail
It was a pleasure meeting with you last month to discuss the above referenced property. As
per our conversation I am providing you with some information that may be helpful to your report
to the planning commission, prior to the November 2, 2011 meeting.
Harold H. Rothman is the sole owner of the property located at 400 Ocean Avenue, Seal
Beach, California 90740. As you know, Mr. Rothman wishes to subdivide the existing 14,700
square foot lot, known as 400 Ocean Avenue, into two new parcels. Parcel one will consist of
8,330 square feet of land area and Parcel two will consist of approximately 6,370 square feet of
land area in the Residential Low Density (RLD) Zone of Planning District two.
According to Seal Beach Zoning Title 11, Part 2, the minimum size lot for the RLD Zone is
5,000 square feet (dimensions of 50 feet by 100 feet) for interior lots, and 5,500 square feet
(dimensions of 55 feet by 100 feet) for corner lots. In reality, almost none of the lots in the RLD
Zone actually meet the specification called for. The currently existing lots fronting.Ocean
Avenue, in the RLD Zone, are comprised of the following dimensions:
BLK. B
Tract 1 (194.97 -foot deep x 34 -foot wide)
Tract 2 (194.97 -foot deep x 34 wide)
Tract 3 (194.97 -foot deep x 34 wide)
Tract 4 (194.97 -foot deep x 33.91 wide)
Tract 5 (194.97 -foot deep x 57.86 wide)
Tract 6 (194.97 -foot deep x 30 wide)
Tract 7 (194.97 -foot deep x 43.94 wide)
TRANSACTIONS AND LITIGATION
BUSINESS" f CORPORATE ( SECURITIES I INTERNET & TECHNOLOGY I INTELLECTUAL PROPERTY I REAL ESTATE
Jerry Olivera
October 20, 2011
Page 2 of 4
BLK. 02
Tract 1 (195.97 -foot deep x 40.06 wide)
Tract 2 (1.96 -foot deep x 32.53 wide)
Tract 3 (196 -foot deep x 35.03 wide)
Tract 4 (196 -foot deep x 47.03 wide)
Tract 5 (196 -foot deep x 83.32 wide)
Tract 6 (196 -foot deep x 49.97 wide)
BLK. 03
Tract 1 (196 -foot deep x 40 wide)
Tract 2 (196 -foot deep x 30 wide)
Tract 3 (196 -foot deep x 30 wide)
Tract 4 (196 -foot deep x 30 wide)
Tract 5 (196 -foot deep x 50 wide)
Tract 6 (196 -foot deep x 35 wide)
Tract 7 (196 -foot deep x 30 wide)
Tract 8 (196 -foot deep x 40 wide)
BLK. 04
Tract 1 (196 -foot deep x 75 wide)
Tract 2 (196 -foot deep x 60 wide)
Tract 3 (196 -foot deep x 40 wide)
Tract 4 (196 -foot deep x 35 wide)
Tract 5 (196 -foot deep x 32.5 wide)
Tract 6 (196 -foot deep x 42.5 wide)
BLK. 05
Tract 1 (196 -foot deep x 42.5 wide)
Tract 2 (196 -foot deep x 32.5 wide)
Tract 3 (196 -foot deep x 32.5 wide)
Tract 4 (196 -foot deep x 30 wide)
Tract 5 (196 -foot deep x 40 wide)
Tract 6 (196 -foot deep x 33 wide)
Tract 7 (196 -foot deep x 30 wide)
Tract 8 (196 -foot deep x 44.5 wide)
BLK. 06
Tract 1 (196 -foot deep x 35 wide)
Tract 2 (196 -foot deep x 30 wide)
Tract 3 (196 -foot deep x 30 wide)
Tract 4 (196 -foot deep x 35 wide)
Tract 5 (196 -foot deep x 40 wide)
Tract 6 (196 -foot deep x 35 wide)
Tract 7 (196 -foot deep x 30 wide)
Tract 8 (196 -foot deep x 50 wide)
BLK. 07
Tract 1 (196 -foot deep x 37.5 wide)
Tract 2 (196 -foot deep x 35 wide)
Jerry Olivera
October 20, 2011
Page 3 of 4
Tract 3 CITY PARK NOT RESIDENTIAL (196 -foot deep x 75 wide)
Tract 4 CITY PARK NOT RESIDENTIAL (196 -foot deep x 77.5 wide)
Tract 5 (196 -foot deep x 60 wide)
Of the 45 parcels fronting Ocean Avenue, 37 are less than 50 -foot wide, and 15 are 33 -foot
or less in width. In fact, only 6 parcels are 50 feet or wider. Of those parcels that are 50 feet or
wider, only two could be divided to their original lot lines. These two remaining properties are
400 Ocean and 202 Ocean (which is owned by the Sisters of St. Joseph of Orange).
The city has historically allowed lot divisions within the Old Town area that conform to the
original underlying lot subdivision dimensions. When buildings on properties that have had units
constructed across the original subdivision lines are demolished, the City has historically allowed
the property to revert to the underlying parcels as created on the original tract maps.
The former site of the Seal Beach Inn & Gardens at 5 1 Street and Central Avenue, was sold
in 2006, and 6 new homes were constricted on the six original 25 -foot wide lots.
On June 20, 2007, the City approved a motion for a lot line adjustment of 450 Ocean
Avenue, which was comprised of a 14,702 square foot lot, and is now comprised of a 8,330 square
foot (42.5 -foot wide by 196 -foot deep) corner lot and a 6,372 square foot (32.5 -foot wide by 196 -
foot deep) interior lot. The basis for the approval for the lot line adjustment of 450 Ocean Avenue
was that the city has historically allowed line adjustments within the Old Town area that conform
to the original underlying lot subdivision dimensions. And that when buildings on properties that
have had units constructed across the original subdivision lines are demolished, the City has
historically allowed the property to revert to the underlying parcels as created on the original tract
maps.
FINANCIAL IMPACT
There is no negative fiscal impact on the city of Seal Beach which would be created as a
result of the requested parcel division. The tax consequence of such a division would actually be
beneficial to the City. No other residents or property owners would be negatively affected by the
parcel division either.
ALTERNATIVE CONSTRUCTION
In the event that the City of Seal Beach faiLs to allow the herein requested variance, a
disproportionately sized lot would remain in existence. There is only one other parcel located
fronting Ocean Avenue, in the RLD Zone, which belongs to the Sisters of St. Joseph of Orange,
located at 202 Ocean. In order to make use of 400 Ocean, should it remain as one parcel, a house
Jerry Olivera
October 20, 2011
Page 4 of 4
as large as 14,000 square feet would likely be erected. Such a building would certainly change the
character of the neighborhood.
We thank you for your professional courtesy and attention to this matter.
Very truly yours,
COBEN & RICHARDS01 P
AL)EXANDRI'['Y
AY/ dr
L- Olives 102011
Planning Commission Staff Report
Variance 11 -2
400 Ocean Avenue
December 7, 2011
ATTACHMENT 3
ASSESSOR'S PARCEL MAP OF THE SUBJECT AREA
11
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