HomeMy WebLinkAboutCC Res 6343 2013-01-14 RESOLUTION NUMBER 6343
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING VARIANCE NO. 11-2, A REQUEST TO ALLOW A
42'-6" WIDE CORNER LOT AND A 32'-6" WIDE INTERIOR LOT
AT THE PROPERTY LOCATED AT 400 OCEAN AVENUE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
DETERMINE AND RESOLVE:
Section 1. Harold Rothman ("Applicant") is the owner of a 75 foot wide
residential lot located at 400 Ocean Avenue ("the subject property") located
within the portion of the Residential Low Density 9 ("RLD-9") zone known as "the
Gold Coast." The applicant has applied for a variance from the minimum lot
width standard of 50 feet contained in the Seal Beach Municipal Code for the
area. If the variance is approved, the property could be subdivided to create a
42'-6" wide corner lot and a 32'-6" wide interior lot if an application for a
subdivision is approved.
Section 2. Pursuant to 14 California Code°;of�,Regulations § 15025(a) and
§ II.A of the City's Local CEQA Guidelines;staff,.has determined that the
application for Variance No. 11-2 is categorically e'xeript from review under the
California Environmental Quality Acts pursuanfetd (A) 14 California Code of
Regulations § 15305 (Minor Alterations in ,Land..Use Limitations) because the
request is for a minor alteration in land use limifatioris in an area with an average
slope of less than 20% and no changes in land use or density are involved; and,
(2) 14 California Code of Regulations § 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 because the addition of one more single family residence in
an already developed residential neighborhood would not result in any significant
environmental impacts.
Section 3. The Planning Commission denied the request. The Applicant
appealed the Commission's decision.
Section 4. On December 10, 2012 the City Council held a public hearing
regarding the appeal of Variance 11-2.
Section 5. The record of the public hearing indicates the following:
(a) The Applicant is the owner of an existing lot at 400 Ocean Avenue
located in the Residential Low Density 9 ("RLD-9") zone in Old Town. He has
requested permission to subdivide the subject property to create two new
parcels: a 42'6" wide corner lot and a 32'6" wide interior lot. Because neither lot
would meet the City's minimum lot width standards in the RLD-9 zone, the
applicant applied to obtain a variance from the City's minimum lot width
standards. The subject property is 75' x 196' and comprises 14,700 square feet
in area. The property is presently developed with a two-level, four-bedroom,
single family dwelling.
(b) The surrounding land uses are residential. Most of the lots in the
area are substantially less than 50 feet wide.
(c) The Seal Beach Municipal Code requires properties located in the
Gold Coast to be a minimum of 50 feet wide.
Section 6. Based upon the facts contained in the record, including those stated
in Section 5 of this Resolution and pursuant to the Seal Beach Municipal Code,
the City Council hereby finds as follows:
Resolution Number 6343
(a) Variance 11-2, as recommended, is consistent with the provisions
of the Land Use Element of the City's General Plan, which provides a
"Residential Low Density" designation for the subject property and permits
residential land uses in accordance with certain development standards. The
proposed reduction in lot width size will facilitate the development of two single
family homes, consistent with the goal of the Land Use Element to provide
• adequate housing for all income ranges. 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 reduction in lot width is consistent with the General Plan.
(b) Because of the special circumstances applicable to the property,
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 significantly wider than most lots in the area. The applicant presented
evidence that the vast majority of the lots in the area are between 25 feet and 40
feet wide. The strict application of the Code required minimum lot width would
result in a loss of the ability to create two residential lots consistent with the
neighborhood.
(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 only one other property in the vicinity has a similar
width, and because the variance would allow the subject property to be divided
into two lots roughly equivalent in size to that of other lots in the surrounding
area. :
(d) The variance, as recommended f
'or approval would not be
detrimental to adjoining properties'and would:facilitate the construction of two
residential structures that would be compatible with?surrounding uses.
Section 7. After the close of the .public hearing' and deliberation, the City
Council directed staff to prepare a resolution granting the Variance with findings
in support thereof based on the evidence presented. Based upon the foregoing,
the City Council hereby approves Variance No. 11-2 to reduce the minimum lot
width size of 50 feet to allow a single lot to be split into a 42'-6" wide corner lot
and a 32'-6" wide interior lot, subject to the following conditions:
1. This entitlement conferred by this resolution shall not
become valid until a parcel map has been approved by the City Engineer and
recorded with the Orange County Recorder's Office in compliance with Section
10.25.025 of the Seal Beach Municipal Code and Section 66450 of the California
Subdivision Map Act.
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 Community Services, or notarized and returned to
the Planning Department.
3. If any claim, action or proceeding (collectively "action") is
instituted by a third party or parties challenging the validity of this approval,
U Applicant and City shall cooperate in defending any such action. City shall notify
Applicant 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 Applicant immediately upon receipt of notice thereof.
Applicant 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 this approval; provided, however, that if City fails promptly to notify
Applicant of any action against City, or if City fails to cooperate in the defense,
Applicant shall not thereafter be responsible for City's defense. Applicant 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.
Resolution Number 6343
Applicant shall promptly pay all monetary awards, judgments, verdicts, court
costs and attorneys fees that may be awarded in such action.
4. The Applicant shall not obtain a building permit for a second
dwelling until a Parcel Map has been recorded and evidence confirming
recordation has been presented to the City Engineer.
Section 8. Section 1094.6 of the California Code of Procedure and Seal Beach
Municipal Code Section 1.20.015 govern the time within which judicial review, if
available, of the City Council's decision must be sought, unless a shorter time is
provided by other applicable law.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of January , 2013 by the following vote:
AYES: Council Members4/1/10") T� �m0 4/i2
NOES: Council Members iqfzinj
ABSENT: Council Members
ABSTAIN: Council Members Q/,may,
$j Mayor
ATTEST:
ity/Clerk
.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6343 on file
in the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 14th day of January , 2013.
City lerk