The URL can be used to link to this page

Home My WebLink AboutCC Res 3871 1989-07-10 I, I ,I RESOLUTION NUMBER 391/ A RESOLt1I'ION CF THE CITY COUNCIL OF 'mE CITY OF SFAL BEACH, APPROVING VARIANCE 4-89, PERMITTING THE ADDITION OF AN EM:LOSED DINING PATIO (797 SQUARE FEET) WITH THE PROVISION OF LESS THAN THE REQUIRED ON-SITF: PARKING AT AN EXISTING RESTAURANT LOCATED AT 2940 WESTMINSTER AVENUE (THE PRIM ROSE FAMILY RESTAURANT) THE CITY COUNCIL OF 'mE CITY OF SEAL BElICH DOES HEREBY RESOLVE: WHEREAS, On March 31, 1989, Farshid Tahvildari subnitted an application for Variance 4-89 to the Department of Developnent Services; and WHEREAS, The applicant is requesting to vary from Section 28-1304 (4) of the Code which deals with the required on-site parking requirements for a restaurant in the Service Commercial Zone, (C-l), in conjunction with the addition of an enclosed dining patio (797 square feet) at 2940 westminster Avenue (Prim Rose Family Restaurant); and WHEREAS, The subject property is located in a coomercial center situated at the southwest corner of the intersection of Seal Beach Boulevard and Westminster Avenue; and WHEREAS, The subject property has approximately 640 feet of frontage on Westminster Avenue and 270 feet of frontage on Seal Beach Boulevard; and WHEREAS, The surrounding land use and zoning are as follows: NORTH The Leisure Center in the Service Coomercial (C-l) zone. EAST An existing service station in the General Coomercial (C-2) zone. SO{1l'H Seal Beach Naval Weapons Center in the Public Land Use (PLU) zone. WEST Rockwell International in the Light Manufacturing (M-I) zone; and WHEREAS, Specifically, the applicant requests to construct an enclosed patio on the north side of the existing restaurant. The proposed addition loIOuld encompass approximately 797 square feet. Section 28-1304(4) of the Code requires one parking space for each 100 square feet of flooriarea or part thereof for a restaurant in the C-2 zone. This would require the provision of eight (8) parking spaces for an addition of this size; and WHEREAS, On May 17, 1989, the Planning Comnission considered and denied the present request, variance 4-89 without prejudice; am WHEREAS, The City Council held a duly noticed public hearing on Monday, July 10, 1989, to consider Variance 4-89; am WHEREAS, The City Council makes the following findings: I. Such a variance s~all not adversely affect the General Plan. 2. Special circumstances exist on the site, since the parking lot is able to accoamodate the required number of spaces if it were re-striped to include compact stalls. 3. The granting of Variance 4-89 is consistent with the rights of other similar properties in the same vicinity and zone, since the zoning requirements loIOuld provide the opportuni ty to re-stripe the parking area where feasible. This would allow for an increase in cOlllllercial square footage, along with conditions of approval which will require the property owner to re-stripe the parking lot to conform to the parking requirements within one year. Resolution Number .J97J NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach, does hereby a~rove Variance 4-89, subject to the followin;} conditions: 1. variance 4-89 is approved to allow for the addition of an enclosed dinin;} patio (797 square feet) at 2940 Wesbninster Avenue (Prim Rose Family Restaurant), without the provision of the required on- site parkin;}. 2. The applicant shall re-stripe the parking lot to provide the seven additionally required parkin;} spaces within twelve (12) months of the date of a~roval of Variance 4-89. ,I 3. The applicant shall provide the City with a surety bond in the amount of $1,000 to provide the City with the funds required to re-stripe the parking lot in the event that the applicant fails to do so within the given twelve (12) month time period. 4. Variance 4-89 shall expire twelve (l2) months after the date of its issuance. In the event that the lot has not been re-striped to provide the required number of parking spaces, the City can either utilize the funds provided through the surety bond to re- stripe the lot, or the applicant shall ranove any iIlprovements granted through Variance 4-89 and restore the site to its original state. 5. Subsequent construction documents shall be in substantial conpliance with the plans a~roved through variance 4-89. PASSED, APPROVED AND ADOPTED by the ClrlY Council ~f , C;ity of Seal Beach at a meetin;} thereof held on the /~ _ day of _~ 1989, by the following vote: I AYES: Councilmanbers I NOES: Councilmembers ABSENT: Councilmanbers -. . f 1{r;tn t- Mer-- TATE OF CALIFORNIA) COUNrY OF ORAllXOE ) SS CITY OF SFAL BFACH ) 'ot SEAL a =.... OOOOOOOn- ~~ iF ~ .-fo"OIl4""::VCl I i1f,,+ "0\"1- 111-0 ~\{l o 0 00 ooC o 0_ ~"'~o og:e 1"Ot"'~ ...O~ ,~'f,.,C::""~:I" 27. ,~-::.~q '" c oo....~.." oS" II" OUNt'( .'::dF ~~u__ I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoi re lution was passed, a~roved and adopted by th~W Council of ' e C y f Seal Beach, at a meeting thereof held on the _ day of , 1989. I PROOF OF PUBLICATION 12015.5 C.C.P.I I STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or interested in the above.entitled matter. I am the principill clerk of the printer of the seAL BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation. printed . WEEKL Y and publiShed .................................. in the City of .....~.~~~...~~.~.~~..........._ County at Orange. and which news. paper has been adjudged a newspaper 01 general circulation by the Superior Court of the County of Orange. State of California. under the date of... ~.7.~~ 19 .~.:;. I Case Number .All2.5.aJ....; that the notice. of which the annexed is a printed copy lset 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: ........... ';J,,:~(:..:.. kt..~..... ....... . . .. ... .... all in the year 19.6~. I certify lor declare) under penalty of perjury that the foregoing is true and correct. Dated at SEAL BEACII ............. ........................... California. this.~...dayOf.b..... 19~.~ I Fr.. capie,ol'"llltl'nk'.rm molY". ucure.. f,om: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 Wes' Second SI,. Los Angeles. Calif. 90012 Telephone: 1213\ 625.2541 PI."'1t r...ue.. GE HE RAL ~r..'.f flu,lIc.llon wh.n or"e"n.. 'tIIls..rm. Resolution Number ~~J' This space is for the County C1erk's FIling Stamp Proof of Publication of .1~i~~... ~.~~9... (~.p.r-e.(\kQ.). ....... 'Z.'flfO W~-S1w\;flO;--bv PiJe. .......................................................... 1=~~::E=:~a: _ wi! hold . ..- _lID on Mandar..u, I. ,. at 7:00 pm, in CIW CaunoII CharMora. 2" Elghlll ....... .... _. Calilarnla. to -Iho,_1ID 111m: " --- 0" .'. '!. CAfPE."I~ . __RA1IENUE '......" To .." from ... _1raCI 0IH1t8 parIdng requiremen.. for . _Inlho_~ ...... (C-,~ In mnJunoIIon willi Iho _Ian ", an _ cInIng paIio C7lI7 _ IatIl at 21140 _1mIn- ."', Avenue (prtm R_ Fern,l, ,- .11I. ~ Codt _: 211-111IO (7l (aj.2lI- i 1304.....,.21-2&02. a.2503 !_~,._.,_~ AIvIM: TNI pIDjecI: is , .....aaIIJ _I from CEOA (,-- ~AppIilln:F__ "Qonr.GoaIga p. ~ l"".. _ _ ond ..... II _ r _ __ mar lie IIaard II 10 '- t:...._.",.-.,. '..~ftO f..,..-- : .AlIa 22, ,.. ::~InIho__JaurnoI, .... -