HomeMy WebLinkAboutPC Res 08-05 - 2008-05-21
RESOLUTION NUMBER 08-5
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH DENYING
VARIANCE 08-1 TO ALLOW LESS THAN CODE
REQUIRED PARKING/SHARED PARKING WITHIN
AN EXISTING SHOPPING CENTER AT 901-1101
PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL
BEACH CENTER).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On January 8, 2008, Paul Sheppard submitted an application to the
City of Seal Beach Department of Development Services for Variance 08-1.
Section 2. The requested variance is to allow less than Code required
parking/shared parking within an existing shopping center (Seal Beach Center).
Section 3. Pursuant to 14 California Code of Regulations S15305 and SII(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for
Variance 08-1 for less than Code required parking/shared parking is categorically exempt from
review pursuant to the California Environmental Quality Act pursuant to 14 California Code of
Regulations S15301 (Minor Alterations in Land Use Limitations), because the proposal involves
a negligible expansion of an existing use; pursuant to S15305 (Minor Alterations in Land Use
Limitations), because the proposal involves a minor alteration in land use limitation and does not
involve either a property in excess of 20% slope or a change in land use or density.
Section 4. A duly noticed public hearing was held before the Planning
Commission on April 23, 2008, to consider the application for Variance 08-1. At the Public
Hearing, the Planning Commission received and considered all evidence presented, both written
and oral, regarding the subject application.
Section 5.
The record of the hearing of April 23, 2008, indicates the
following:
(a) On January 8, 2008, Paul Sheppard submitted an
application to the City of Seal Beach Department of Development Services for Variance 08-1.
(b) The requested variance is to allow less than Code required
parking/shared parking within an existing shopping center (Seal Beach Center)
10f3
Planning Commission Resolution No. 08-5
Variance 08-1
Seal Beach Center, 901-1101 Pacific Coast Highway
May 21,2008
(c) The subject property is located at 901-1101 Pacific Coast
Highway, and is bounded by Bolsa Avenue to the north and west; Balboa Drive to the east; and
Pacific Coast Highway to the south.
(d) The subject property is approximately 345,059
(approximately 7.92 acres) in size and has approximately 103,315 square feet of retail and
restaurant lease space.
(e) The residential properties nearest to the subject property are
located approximately 75 feet to the north and to the east in the neighborhood commonly known
as "The Hill". The majority of the business activity within the center takes place in the interior
of the center, away from residential areas.
(f) The surrounding land uses and zoning are as follows:
EAST
WEST
Residential uses located within the Residential Low Density (RLD) Zone.
Commercial uses located within the General Commercial (C-2) Zone and
Main Street Specific Plan (MSSP) Zone.
Residential uses located within the Residential Low Density (RLD) Zone.
Commercial uses located within the General Commercial (C-2) Zone.
NORTH
SOUTH
Section 6. Based upon the facts contained in the record, including those stated
in ~5 of this resolution and pursuant to ~28-2500 through 928-2502; and 928-2505 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
(a) Variance 08-1 is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a Service Commercial use designation
for the subject property. The proposed use of the property is in conformity with the provisions of
the Service Commercial (C-1) zoning designation and the requested variance encompasses an
area of approximately 345,059 square feet of land area. The proposed use is also consistent with
the remaining elements of the City's General Plan as the policies of those elements are consistent
with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with
the General Plan.
(b) The strict application of Chapter 28 of the Municipal Code
does not deprive such property of privileges enjoyed by other property owners in the sanle
vicinity and zone, in that, based on the development existing on the property, it would be
physically possible to provide the total required number of parking spaces on-site if a different
mix of uses existed within the center that required less parking.
(c) The granting of such variance will constitute a grant of
special privileges inconsistent with other limitations upon properties in the same vicinity and
zone. The proposed variance for less than required parking/shared parking, as proposed to be
conditioned, is not compatible with the existing development, which is the Seal Beach Center.
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Planning Commission Resolution No. 08-5
Variance 08- 1
Seal Beach Center, 901-1101 Pacific Coast Highway
May 21, 2008
Section 7.
Variance 08-1.
Based upon the foregoing, the Planning Commission hereby denies
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 21st day of May 2008 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, and Massa-lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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. Chairperson, Planning Commission
" HJR~
~ Lee Whittenberg /
Secretary, Plannmg CommISSIon
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