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Home My WebLink AboutCC Res 4089 1991-10-07 i"lIl1~".::-'" J RESOLUTION NUMBER~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING VARIANCE 6-91, A REQUEST TO VARY FROM THE REQUIRED PARKING IN THE SERVICE COMMERCIAL ZONE, (C-l) IN CONJUNCTION WITH THE ADDITION OF APPROXIMATELY 322 SQUARE FEET TO A COMMERCIAL OFFICE BUILDING LOCATED AT 323 MAIN STREET, SEAL BEACH. I THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. application on On July 1, 1991, Arthur C. Coulter filed an for Variance 6-91. Section 2. The subject property is legally described as Orange County Assessor's Parcel Number 43-112-36. Section 3. Specifically, the applicant is requesting to vary from the required parking in the Service Commercial zone, (C-l) in conjunction with the addition of approximately 322 square feet to a commercial office building located at 323 Main Street, Seal Beach. Specifically, the applicant is requesting to provide less than the required drive aisle, greater than the maximum percentage of compact parking spaces, to allow for two (2) of the required parking spaces to be tandem parking spaces and to provide a shared use loading zone/parking spaces at the rear of the structure. Section 4. The subject property is nonconforming due to I inadequate on-site parking. SpecificallY, the subject property provides an inordinate share of compact parking, a mixed use loading zone/parking area and an inadequate front drive aisle. Section 5. westerly side of Electric Avenue. The subject property is located on the Main Street between Pacific Coast Highway and Section 6. follows: The surrounding land uses and zoning are as NORTH, EAST Service & SOUTH A mixture of commercial uses in the WEST Commercial zone, (C-1). A mixture of single-family and multi- family residential dwellings in the Residential High Density zone, (RHD); and Section 7. The Planning Commission held a duly noticed Public Hearing on August 7, 1991 and voted to deny variance #6-91 and adopted Resolution No. 1644 to that effect. Section 8. An appeal of the decision of the Planning commission was duly filed with the city by Jim Hagel on August 21, 1991. I Section 9. The city Council noticed a public hearing on September 23, 1991. Section 10. On September 23, 1991 th~ city Council received into evidence the Report of the Planning Commission, including the Staff Report dated August 7, 1991, Planning Commission Resolution No. 1644, the Minutes of the Planning commission meeting of August 7, 1991, evidence submitted in support of the appeal filed by the appellant, Jim Hagel, the original variance application, and a staff report prepared by I I I Resolution Number 4/tJ8f staff summarizing previous actions of the City, dated September 23, 1991. In addition, the City Council considered all oral evidence presented at the time of the public hearing. Section 11. Based upon the evidence presented, the city Council hereby finds: a) The subject property is nonconforming due to inadequate on-site parking. Specifically, the subject property provides an inordinate share of compact parking, a mixed use loading zone/parking area and an inadequate front drive aisle; and b). Specifically, the applicant is requesting to vary from the required parking in the service Commercial zone, (C-l) in conjunction with the addition of approximately 322 square feet to a commercial office building located at 323 Main Street, Seal Beach. Specifically, the applicant is requesting to provide less than the required drive aisle, greater than the maximum percentage of compact parking spaces, to allow for two (2) of the required parking spaces to be tandem parking spaces and to provide a shared use loading zone/parking spaces at the rear of the structure; and c). The specific zoning regulations governing this Variance request are found in Sections 28-1203, 28-1303, 28-2209, 28-2211, 28-2500, 28-2501, and 28-2502 The Code of the Citv of Seal Beach. These Code provisions require: twelve (12) parking spaces to be provided for the proposed size of the commercial building; a 22 by 45 fQ0t loading zone; 25 percent compact car parking spaces; and specified development standards for the loading zone; and d). A variance can be granted only if unusual circumstances exist. Pursuant to applicable provisions in the California Government Code and Municipal Code Sections 28-2500 and 28-2502, the city may grant a variance only if, on the basis of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of the Zoning Code is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Moreover, any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege in the vicinity and zone in which the subject property is situated. specifically, other properties in the same vicinity and zone are required to provide one parking space for each 250 square feet of professional office space. The provision of tandem parking is not permissible to satisfy parking requirements and the requested variance is not in keeping with the precedent set through the reversing of Variance 8-89 through the adoption of city Council Resolution 3985; and e) There are no special circumstances applicable to the subject property, such as size, shape, surroundings, location or topography which would deprive the subject property of privi- leges enjoyed by other properties in the vicinity. The size and shape of the property are similar to the size and shape of the large majority of commer~ially zoned properties along Main Street. Specifically, tp~ subject property is permitted to provide 250 square feet of professional office space for each required parking space located on the subject property as are all other properties in the same vicinity and zone. The variance request is necessitated by a request for additional building expansion upon the subject. property. In sum, the subject property does not present any special circumstances to qualify for a vari- ance, except for a proposal to expand the area of the existing commercial structure. The granting of the variance will abrogate the intent of the General Plan and Zoning Ordinance by allowing a special privilege for the subject property which is not generally available to properties in the same vicinity and zoning district. Re~olution Number ~l1;t' PA~ APPROVED and ADOPTED by the city coUnCi;'~Y~the Se ~~a meeting thereof held on the ~ , , 1991, by the followin vote. city of day of AYES: Councilmembers NOES: C'ouncilmembers ABSENT: Councilmembers STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) dL1.t./. ;t~pJ,- ~YOR --ml~q -'at SEAL 8~ (;:F~", "i':o;';':;;:~oo'fJ: i:j ...+ '0\-' 'J\o~\-tI o 0 o 0 cC Ot .8- ~,.o 003': ? 00'>0 ~"i ~ ~~Q:"oo:tlt 27. ,,,,.. o;o!~ '"b:. c: 000000':0(;..$ -'." OUNrt. Clerk of Seal Beach, California, do hereby . g resolution is the original copy of on file in the office of the City Clerk, and dn~'<4 ~ the city COnneil nf ~ty of gular~m~e!fhg thereof held on the day , 1991. I. I I I I I PROOF OF PUBLICATION (2016.5 C.C.P,) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested In the above-entitled matter, I am the principal clerk of the printer of the SEAL BEACH JOURNAL, a newspaper of general circulation, printed and published weeklv In the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Co_rt of the County of Orange, State of California, under the date of 2/24/75, Case Number A82583; that the notice of which the annexed is a printed copy (set In type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: ~./~7iJl1i2t-i_ /02 all in the year 19J!.L I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California, this /c2 day of 4 r ' 19JU.., ~ ...LL . /'; ...., '/11 L/l.t.a 1\ .iU'I1,.J / Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 Resolution Number ~l?j? This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Public Hearing ............................ . II' Ii,' 'fl '/ (~,' 4, - 11 I .Iv'... ../ __- . ,.., ".-.-.. ....... '" ...... NOTICE OF ~JRMIw: PUBUCHEARING ==Isre::='= NOTICE IS HEREBY GIVEN III8l Code SeeIIan 15301(e)). lie CIIy CouncI 01 !he CIIy of Seal Beach wi hold a public '-Ing an t'.- SeeIIono: Monday. Sepl8mber 23.1991, at: 28.1300; 28-2209; 28-1303; 28. 7:00 p.m. In Ihe City Council 2211;28-2500;28-2501;28-2502 Chambenl,211 EIghlh SIr8el, Seal i Beach, CalI1omIa, '10 col1llder!he _.... Iolowlng 1IBm: James A. Hagel, Inc. ,QImg[: I I Michael Lelgh~ James A. Hagel, ' Arthur C, Coulter and Rena. C, ; Coullar VARIANCE 6-91 323 MAIN STREET APPEAL OF PlANNING COMMISSION RECOMMENDATION OF DEN1AL , AI1I1e above time and piece all !:lllsllIm in1Brested penlCI1s may be heard II Appeal 01 Planning Commission so desired, II you challenge 1I1e recommendallon 01 denial 111 vllJY proposed acllons kl coun. you may lrom 1I1e required parklng In 1I1e be IImtted to raising only 1I10se SeNlce Commercial zone, (e-l) In Issues you or 80_ else reIsecI conjunction with the addlllon 01 at !he public heeling clncrIbed In approximal8ly 322 square 1eel1o e - thllllIllIIce, or In wrIII8n _pan. I commercial ollIee buIIcIlng Iocaled:, dence delMlr8d lD!he CRy 01 Seal I al 323 Main Slree1, Seal Beach, r Beach a~ or prior lD, !he public Specifically, the appllcanl is! hearing. requesting 10 provide less 1han !he ' required drive aisle, grea1llr 1I1an; DATBl THIS 911 cIlrf 01 &.t8,obar, , !he maxmum percen1age 01 com. 1991. pact perking spaces, 10 alow lor i Joanne Y80, CIIy Clerk two (2) 01 the required parking CIIy 01 Seal Beach _ spaces 10 be tandem parking , spaces and 10 provide a shared, Sepl8mber 12, 1991. : use Icadlng zone/parking spaces I NilIBlklIWSelIIBeech.bmll. , il1he rear 01 !he s1nIclure,