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Home My WebLink AboutCC AG PKT 2013-01-14 #G SE AGENDA STAFF REPORT DATE: January 14, 2013 TO: Honorable Mayor and Members of the City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: GRANTING VARIANCE 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 SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6343 granting Variance 11-2 to allow a 42 -6" wide corner lot and a 32'-6" wide interior lot at the property located at 400 Ocean Avenue. BACKGROUND AND ANALYSIS: On December 10, 2012, the City Council held a public hearing regarding the appeal of Variance 11-2 to allow a 42'-6" wide corner lot and a 32'-6" wide interior lot at 400 Ocean Avenue. After the close of the hearing and deliberation, the City Council voted to direct staff to prepare a resolution granting the Variance with findings in support thereof based on the evidence presented. If the Council adopts the resolution approving the variance, the applicant will need to apply for, and receive approval of a subdivision map, in order to subdivide the lot into two lots with the reduced widths approved by the Council. A resolution to grant Variance 11-2, with standard conditions, is attached to this staff report for the City Council's consideration and adoption. ENVIRONMENTAL IMPACT: There is no environmental impact at this time. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. Agenda Item— G FINANCIAL IMPACT: No financial impact at this time. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6343 granting Variance 11-2 to allow a 42'-6" wide corner lot and a 32'-6" wide interior lot at the Fwpperty located at 400 Ocean Avenue. , LU UBMITT , ED BY: NOTED AND APPROVED: TBasham, Director of 4R".Ll n'Pgr a m—, C Plan a g e r OMMmunity Development Attachments: A. Resolution No. 6343 Page 2 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 Sea] 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 §ILA of the City's Local CEQA Guidelines, staff has determined that the application for Variance No. 11-2 is categorically exempt from review under the California Environmental Quality Act pursuant to: (1) 14 California Code of Regulations § 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, (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 comer 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 (o) Vehenm* 11-2, as nacummended, is consistent with the provisions of the Land Use Element of the City's General P|on, which provides a "RasidanUe| bow 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 de/eiopmentof two single family homes, consistent with the goal of the Land Use Bement 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 Bement. /\cconding|y, the proposed reduction in lot width |m 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 io 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 |oua of the ability to oraaVa two residential lots consistent with the neighborhood. (o) The granting of this variance will not constitute a grant mfspecial privilege inconsistent with other limitations on other properties in the same vicinity and zone, given that only one other property in the vicinity has o 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 vodonoe, as recommended for approval would not be detrimental to adjoining properties and would facilitate the construction of two residential structures that would ba compatible with surrounding uses. Section 7. After the close of the public hearing and deliberation, the City Council directed staff to prepare 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 |cd width size of 50 feet to allow a single |cd to be split into e 42''6^ wide corner lot and a82'-8^wide interior lot,subject 10 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 1O.25.O25of the Seal Beach Municipal Code and Section 0645Uof the California Subdivision Map Act. 2. This Vahence oheU 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 c|aim, action or proceeding (collectively "action") is instituted by e third party or parties challenging the validity of this approva|. Applicant and City shall cooperate in defending any such action. City shall notify Applicant of any such action against City within hen working days after City receives service of pmoess, except for any petition for injunctive relief, in which case City ahe|| 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 o third party or parties brought to challenge this approval; prnvided, hmmever, that if City fails promptly to notify Applicant of any action against City, orifCity fails to cooperate in the defense, Applicant shall not thereafter be responsible for Cib'la defense. Applicant shall reimburse all of City's defense costs induding, without limitation, court costs, attorney's fees incurred by counsel selected by the City, and expert witness fees. 2 � Resolution Number 8343 Applicant aho| promptly pay all monetary owoxs. ]udgmenbs, verdicts, court costs and attorneys fees that may be awarded in such action. 4. The Applicant shall not obtain a building permit fore second dwelling until o Parcel Map has been recorded and evidence confirming recordation has been presented 0o the City Engineer. Section 8. Section 1094.0 mf 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, 2813by the following vote: AYES: Council Members NOES: Council K8ombeno ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OFORANGE } SS CITY OF SEAL BEACH ) \. Linda Devine, City Clerk of the City of Seal Beouh, do hereby certify that the foregoing resolution is the original copy of Resolution Number_ 6343 on fi|m in the office of the City C>erk, pamoed, epprnwad, and adopted by the Seal Beach City Council ota regular meeting held nn the_14th_day of_JaIua[y_,2013. City Clerk