HomeMy WebLinkAboutPC Res 11-27 - 2011-12-07 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 21, 2011, Harold B. Rothman ("the
applicant") submitted an application to the City of Seal Beach Department of
Development Services for Variance 11-2.
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:
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.
f. 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
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
ae -,1./ter- , 2011, by the following vote:
AYES: Commissioners 'ter ,i- -r6 f 47-N /465j% ' 1 r
NOES: Commissioners 77, /;,i,,,44<, Sj ( >e.•� ,<�,
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa-Lavitt
Chairperson, Planning Commission
Arft1Vl k : -rsico, AICP
Se re •lanning Commission