HomeMy WebLinkAboutPC Res 1311 - 1984-03-07
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RESOLUTION NUMBER 1311
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
APPROVING VARIANCE APPLICATION 1-84 AND NEGATIVE
DECLARATION 2-84 A REQUEST TO CREATE A LOT WITH
LESS THAN THE REQUIRED WIDTH AND TOTAL SQUARE
FOOTAGE (507 OCEAN AVENUE)
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, CA.
WHEREAS, the property is described as, Lot 5 and 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; and
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 creating 10 individual 25'X100'
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
ownerhsip 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 Subdivision
Map Act. Therefore, the west half of Lot 6 is an
illegal lot and it must be made legal by conforming 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(1) of the
Zoning Code; and
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RESOLUTION NUMBER 1311
Page 2
WHEREAS, the Planning Commission on March 7, 1984 held a Public
Hearing on Variance 1-84 and Negative Declaration 2-84;
and
WHEREAS, the Planning Commission makes the following findings
regarding the variance and negative declaration:
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 signi-
ficant 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 exist-
ing requirements prescribed by the local Regional Water
Quality Control Board pursuant to Division 7 and the
Water Code.
7. The project is consistent with the City's General Plan.
8. That the proposed lot width and square footage is an
improvement of th~ existing situation and will relieve
the hardship created in the 1940's by the court.
9. The variance shall not adversely affect the General Plan
because this application and any future development of
the subject property will be consistent with the existing
General Plan.
10. Hardship is involved in this application due to the
historical background of the site and part of its physical
size and shape. Specifically, the half of Lot 6 created
by the court in the 1940's, which was never recorded and
therefore is illegal and undevelopable.
11. The granting of this variance does not constitute a grant
of special privilege inconsistent with other limitations
upon other properties in the same vicinty and zone.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby
approve Varian~e 1-84 and Negative Declaration 2-84, subject to the
following conditions:
1. That this variance is subject to all conditions of Tentative
Parcel Map 83-1008.
2. That Tentative Parcel Map 83-1008 be recorded as approved
by the City Engineer.
3. That the parkway be developed with landscapine and street
trees to the satisfaction of the City Engineer.
4. Prior to approval of final map, Shed B on Lot #6 shall be
removed.
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RESOLUTION NUMBER 1311
Page 3
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:
Commissioners Murohv. Jessner. Goldenberg
Commissioners None
Commissioners Perrin, Covington