HomeMy WebLinkAboutPC Res 1312 - 1984-03-07
r~
.
.
RESOLUTION NUMBER 1312
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
APPROVING AND RECOMMENDING TO CITY COUNCIL APPROVAL
OF TENTATIVE PARCEL MAP 83-1008
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS, an application was duly filed by Albert J. Brown,
208t 4th Street, Seal Beach, California~ and
WHEREAS, the property is described as, Lot 5 a~d the west
half of Lot 6 of the Bay City Tract, a subdivision
of a portion of Block 5, a map of which is recorded
in Miscellaneous Map Book 3, Page 19, filed in the
office of the Recorder, Orange, County, California;
and
WHEREAS, the proposal is to merge one and one-half lots
together thereby creating a new lot smaller than
the required minimum lot size and with less than
the required width.
WHEREAS, the property is located in the block bounded by
Ocean Avenue on the south, 5th Street on the west,
6th Street on the east and an alley on the north,
which was subdivided as part of the original Bay
City Tract in 1903 creating 10 individual 251X100'
lots within the block; and
WHEREAS, in the 1930's Lots 4,5,6,7 and 8 were under common
ownership; and
WHEREAS, before 1940 the above named lots were by court
action on a will or some other matter were divided
into two equal shares thereby dividing Lot 6 into
two with ownership transferred to two separate
related individuals. Chicago Title Insurance Company
could not find any evidence that this lot split was
ever recorded; and
WHEREAS, a lot is created on the day the legal document is
recorded; and
WHEREAS, the Subdivision Map Act is in effect for all lots
created after March 4, 1972; and
WHEREAS, the west half of Lot 6 was sold and the document was
recorded in July 1972 without following the Sub-
division Map Act. Therefore, the west half of Lot 6
is an illegal lot and it must be made legal by con-
forming to the Subdivision Map Act, and the City
Zoning Code unless a variance is granted; and
WHEREAS, on October 3, 1983 the owner of the subject Lots 4,5
and west half of 6 made an application for a lot line
adjustment which proposed the relocation of the east
property line 6.25 feet into Lot 5 and the relocation
of the east property line of Lot 5 12.5 feet to the
east thereby taking in the illegal half of Lot 6, so
to create two equal 31.25 foot wide lots~ and
WHEREAS, the applicant withdrew the lot line adjustment applica-
tion so not to jeopardize the legal status of Lot 4
as a building site instead filed Tentative Parcel Map
No. 83-1008 so to merge legal Lot 5 with the illegal
half of Lot 6 requesting a variance from the lot size
and width requirements of Section 28-801(10) of the
Zoning Codei and
.
.
RESOLUTION NUMBER 1312
Page 2
WHEREAS, the Planning Commission on March 7, 1984 held a public
hearing on Tentative Parcel Map 83-1008i and
WHEREAS, the Planning Commission makes the following findings
regarding the Parcel Map:
1. The site is physically suitable for development, the
land is flat and is located in a developed area
with existing streets, utilities, residences and
commercial activities located adjacent to the site.
2. The new lot will not increase density from the
present allowable density or density in the area.
3. The design of the new parcel will not cause any
significant environmental impacts.
4. The creation of the new parcel is not likely to
cause serious public health problems because all
necessary utilities and services presently serve
the site.
5. The design of the new parcel will not conflict with
easements, acquired by the public at large for access
through or use of property within the proposed parcel
because no easements, acquired by public at large,
are located on the project site.
6. The discharge of waste from the new parcel into
the existing community sewer system will not violate
existing requirements prescribed by the local Regional
Water Quality Control Board pursuant to Division 7 of
the Water Code.
7. The project is consistent with the City's General Plan; and
NOW. THEREFORE BE IT RESOLVED that the Planning Commission does hereby
approve Tentative Parcel Map No. 83-1008 and recommends to City Council
approval of the parcel map subject to the following conditions:
1. Replace cracked sidewalk to the satisfaction of the City
Engineer.
2. Provide two (15 gallon can minimum) Queen Palms to
be located in the parkway. One 12.5z feet southeast
of the northwest property line and the other 25 feet
further to the southeast even with the new southeast
property line to the satisfaction of the City Engineer.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal beach at a meeting thereof held on the 7th day of
March , 1984 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Murohv. Jessner. Goldenberg
Commissioners None
Commissioners Perrin
Commissioners