HomeMy WebLinkAboutCC Res 3478 1985-06-25
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RESOLUTION NUMBER ~~
M RESOLUTION OF THE CIfY COUNCIL OF THE
CITY OF SEAL BEACH, APPROVING APPEAL NO.
3-85 WITH CONDITIONS, FILED ON THE
PLANNING COMMISSION'S DENIAL WITHOUT
PREJUDICE OF VARIANCE APPLICATION NO. 4-85
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, Tiny Naylor's Inc., 13013 East Molette Street, Santa
Fe Springs, California, duly filed an application with
respect to the property described as that certain parcel
of land in the City of Seal Beach, County of Orange,
State of California, described as Lot 161 of Tract 2591
as per map recorded in Map Book 83, Pages 14 to 18 inclusive
in the office of the County Recorder of said County requesting
a variance to permit structural alterations and expansions
to a building located on a non-conforming property without
provided the required signage and landscaping; and
WHEREAS, the property is located in the Seal Beach Center at 941 Pacific
Coast Highway; and
WHEREAS, the subject property contains approximately 326,264 square
feet and is located 50 feet northwest of the centerline
of Pacific Coast Highway (941 Pacific Coast Highway);
and
WHEREAS, the subject property has approximately 675 feet of frontage
on Pacific Coast Highway; and
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WHEREAS, the subject property contains 84,935 square feet of retail
commercial space over 90% occupied. The property is
situated in the heart of the Seal Beach business district;
and
WHEREAS, Tiny Naylor's, in proposing Variance 4-85, would have
provided an additional 3,004 square feet of landscaping
to the Seal Beach Center; and
WHEREAS, on December 11, 1978, the City Council of Seal Beach
adopted Section 28-2811 establishing a five (5) year
amortization period in which all nonconforming signs
must be made to comply with the Seal Beach Municipal
Code; and
WHEREAS, on February 6, 1985, the Seal Beach Planning Commission
reviewed and approved Conditional Use Permit 21-84, a
request made by Tiny Naylor's (941 Pacific Coast Highway),
to permit on-sale beer, wine and distilled spirits in
conjunction with a proposed expansion; and
WHEREAS, on February 15, 1985, Tiny Naylor's, Inc. duly filed
Appeal No. 1-85 on conditions 1 and 2 of Resolution #1358
adopted by the Planning Commission on February 6, '1985;
and
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WHEREAS, on May 1, 1985, the Planning Commission held a public
hearing on the requested variance. The Planning Commission
then adopted Resolution #1367 denying Variance 4-85 without
prejudice; and
WHEREAS, on May 2, 1985, Tiny Naylor's, Inc. duly filed Appeal
No. 3-85 upon the Planning Commission's denial without
prejudice of Variance 4-85; and
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Resolution Number :J+';1~
WHEREAS, on May 28, 1985, pursuant to a timely-filed appeal of
the Planning Commission's decision, the City Council
held a duly noticed public hearing to consider the appeal
of the denial without prejudice of Variance 4-85, evidence
both written and oral, was duly presented to and considered
by the City Council during the public hearing; and
WHEREAS, the requested variance is categorically exempt from the
requirements of the California Environmental Quality
Act pursuant to Section 15301 (E)(l); and
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WHEREAS, the City is now actively pursuing an enforcement program
by which all nonconforming signage must be corrected
so as to conform as required by Section 28-1811 of the
Seal Beach Municipal Code; and
WHEREAS, such sign enforcement will insure that prior to completion
of the applicant's proposed expansion that the illegal
nonconforming signage will be removed and the nonconforming
signage as~ect of the property will be removed; and
WHEREAS, the additional landscaping proposed by Tiny Naylor's
will make a significant aesthetic improvement to the
Center as it exists today; and
WHEREAS, that practical difficulties and unnecessary hardships
would result to Tiny Naylor's, Inc. through the strict
and literal interpretation and enforcement of the provisions
addressing the landscaping requirements for the entire
Seal Beach Center; and
WHEREAS, Tiny Naylor's proposal to provide a percentage of the
required landscaping equal to its percentage of the Code
required parking spaces noted in Exhibit A is found to
be a reasonable effort towards compliance within the
intent of the Municipal Code; and
WHEREAS, the deviation of the existing landscaping to the Municipal
Code requirements is the responsibility of the landowner;
and
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WHEREAS, the Center retains outstanding potential for redesign
of the parking and landscape areas so to meet the Municipal
Code, due to the existing number of spaces provided greater
than demanded, type of parking provided, and inefficiency
of the parking layout; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve Appeal 3-85 with the following conditions:
1. That a sign program be designed for all of the applicant's
building signage and approved by the Director of Development
Services.
2. That all requirements by the County of Orange Health Department
and Uniform Building Code be met prior to occupancy.
3. That a trash enclosure be provided (6 feet high block with
gate) location and design to be to the satisfaction of the
Director of Development Services.
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Resolution Number 5~?1?
4. That approval is subject to the conditions established by CUP
21-84.
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5. That a landscape and irrigation plan for those landscape areas
proposed ;n Exhibit A or as modified by the City Council be
provided, and approved by the Director of Development Services.
PASSED, APPROVED AND ADOPTED by the City Coun~i1-Bf the Ci~f
Seal Beach at a meeting ther f held on the .xt)r!o day of ,
1985, by the following vot . .
~~...J);( ~
y Clerk f
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmember
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of the C;ty of Seal Beach, California,
do hereby certify that the4~~~joing resolution ;s the original
copy of Resolution Number~ on file in the office of the City
Clerk, p d, approved and ado&~~ City Counc;l of the .~
City of ea Beach at a regular.fllYl lng hereof held on the .:2$!:'
day of , 1985.
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