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Home My WebLink AboutCC Res 3985 1990-11-13 RESOLUTION NUMBER ~~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REVERSING THE DECISION OF THE PLANNING COMMISSION AND DENYING A REQUEST FOR A PARKING VARIANCE FOR PROPERTY LOCATED AT 101 MAIN STREET I THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: section 1. James Watson has filed a request for a parking variance to permit the addition of 440 square feet of space to an existing commercial development at 101 Main Street without providing required on-site parking. On February 21, 1990, the Planning Commission granted the variance request. An appeal of the decision of the Planning Commission was duly filed with the City. Section 2. The City Council held a duly noticed pUblic hearing on September 24, 1990 to consider evidence relating to the request. Section 3. The City Council received into evidence the Report of the Planning Commission, including the Staff Report dated February 21, 1990, Planning Commission Resolution No. 1568, the Minutes of the Planning Commission meeting of February 21, 1990 and evidence submitted in support of the appeal filed by the appellant, Geraldine West. In addition, Ms. West and others testified in favor of the appeal. The applicant, James Watson, testified in favor of the variance. I Section 4. Based upon the evidence presented. the City Council hereby finds: a) The subject property is surrounded by mixed commer- cial uses (C-l) to the north and east, Public Land Use (PLU) to the south and a mixture of mUlti-family and single-family residen- tial dwellings in the Residential High Density Zone (RHO) to the west. The subject property consists of approximately 11,000 square feet and is located at the northwestern corner of Ocean Avenue and Main Street. The property has approximately 100 feet of frontage on Ocean Avenue and 110 feet of frontage on Main Street and is improved with an existing two-story structure containing a mixture of commercial uses. I b) The variance request is to allow less than the required on-site parking in conjunction with the addition of 440 square feet of storage space to the second story of an existing two-story mixed use commercial structure. A variance can be granted only if unusual circumstances exist. Pursuant to applic- able 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 20ning 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 privi- lege in the vicinity and zone in which the subject property fs situated. c) 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 privileges 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 commercially zoned properties along Main Street between Resolution Number ,!J9~ Ocean Avenue and Pacific Coast Highway. Many of those properties located in the C-l, service Commercial Zone, are developed in a similar nature and manner as the sUbject property. Indeed, the subject property is already developed with a two- story commercial development, which evidences that the subject property can be developed consistent with Code regulations and applicable zoning without the need for a variance. The mere existence of a peculiar business operations problem (such as lack of sufficient records storage) does not constitute unusual circumstances under the law. The applicant has the option to modify the current uses of the existing structure to comply wi th the off-street parking I requirements and still comply with all City development standards. The granting of a variance would encourage other properties to request additional building area for storage purposes, resulting in additional weakening of the City'S off-street parking requirements and increasing demand on the City's limited parking resources. In sum, the subject property does not present any special circumstances to qualify for a variance. The granting of the variance will abrogate the intent of the General Plan by allowing a special privilege for the subject property which is not generally available to properties in the same Vicinity and zoning district. NOES: o7~ C~;~ ~~ , AYES: ABSENT: Councilmembers ABSTAIN: Councilmembers STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) cffd-J tj/~ MAYOR lnl!~ .#'t-rr SEAL A~ o ..... Q~ 't ll.<-~OI\'OlP:;':' c!l.\ i:J ..+ "oX"> Uo ~'i~ ~ . 0 O~ g< ~,o~O o:~1 'P oo~ '1'.o~1 ....~Q:..~.flP 27.~~~O; "fi ... f:. '.,oooOV-c. -to'\; OUNl'(. I I Joanne M. Yeo, City Clerk of Seal Beach, 'California, do hereby c~rtifY that the f~Jm~ resolution is the original copy of Resolution Number ~o~ file in the office of the City Clerk, as , approved, ana adopted by the City Council of t~ity of e Bach at regular meeting thereof held on the ~day of , 1990. I I I I PROOF OF PUBLICATION (2015.5 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 pa~ty to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, 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 sup- plement thereof on the following dates, to-wit: V\'\M<M \$' all in the year 1990. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this 15 day of 5 1990. \_~ Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 Resolution Number .39#~ This space is for the County Clerk's Filing Stamp Proof of Publication of ~q:l\~r.c. .~o.~r.C.lVo~qqJ"i." .IlEtC\z;i.l\<1 . . . 't\flpell\ o~ 1Iq.'lI\!N\Ill<' 8-~ ~ .1..oJ . ~~ .~tv!-~r. . -; .,:!It''). 'fJ.~ .~<5~ . . '.~PIImc'llh~ """" ~," 1......~_p,xG!I!BlI..1 !IJ!!.l'i'Si!81 0'1,;) caU~D .\~" wll""" ...h ~ =.-.. "an 4~.. P,/\!ll'IlJli'!l!;!!'~ .' ~~~_a~'1I;' '.'lVARlANCE-i'n '" 1""'=~.l~'lC.t,~.~q_.. 'I~ I it:'1iMii"'Ii'rBir'u.~: ,., ~ol,;til.iMii&.icli.~~.1bit I . Gn.iI~~~1I ""lOnf'" =itit.~li"::.'4'40Jfll!iD" iHt.Olaca~.~..ID...ij..~ 1iIc!arilt~6f.'.nr~~ m1xic1'~iiielcOftimi/dVt~~ r ..... ~ ~ -. - - ,... 10!1Mf'~~,'1.!i:1"'!l', "" ~.~.;~!~..~~~. :~:'~~'.,'::, ~. . . ewnor.-\d ...""~. , " A1Nl~.m 'inI: ;",ciiIor, _tiel ..J}" J~. ....tia~~.1b ..t,p'!,Ptntlf,~r'l:l:~':...., =iWlih~~Vill.. ;ililicl' ........'1.0 .I..~~. ,'.' ai;~~8\icii .i 1\3 r ~. c.' I MIR:tt!1S;(SSO....... ....'. ~ ~Iri!ho"'-~:JownoJ,', Resolution Number ..3~ PROOF OF PUBLICATION (2015.5 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 pa~ty to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weeklY in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, 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 sup- plement thereof on the following dates, to-wit: At>y\ \ S- all in the year 1990. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, thi~ 5 day of ~ 1990. \.. ~J,J)lJ",~kV,"''---''--_ Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 This space is for the County Clerk's Filing Stamp ,,- ,... 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