HomeMy WebLinkAboutPC Res 1469- 1987-08-19
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RESOLUTION NUMBER 1469
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING VARIANCE 7-87, A REQUEST TO
INCREASE THE SIZE OF AN EXISTING BUSINESS (TACO BELL)
BY 1,484 SQUARE FEET WITHOUT PROVIDING THE REQUIRED
LANDSCAPING THROUGHOUT THE COMMERCIAL CENTER (12121
SEAL BEACH BOULEVARD).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, an application was duly filed and received as complete
on July 15, 1987 by Bima Corporation dba Taco Bell
#213; and
WHEREAS, the request is to vary from the landscape requirement
for commercial properties and allow a business to
expand in a center that is nonconforming due to
inadequate landscaping; and
WHEREAS, a duly noticed public hearing was held on August 19,
1987; and
WHEREAS,
the subject site
Center located on
Boulevard, north
Boulevard); and
lies
the
of St.
within the Rossmoor Business
west side of Seal Beach
Cloud (12121 Seal Beach
WHEREAS, the subject site currently has 1,036 square feet of
gross floor area, and is requesting to add 728 square
feet of additional interior square footage, and 756
square feet of outdoor patio area; and
WHEREAS, the Rossmoor Center is nonconforming due to substandard
landscaping (less than 10% of the total site area)
WHEREAS,
Total lot area 1,721,075 sq. ft.
Required landscaping
at 10% 172,108 sq. ft.
Landscaping provided 88,051 sq. ft.
Landscaping shortfall 84,057 sq. ft.; and
the City has approved variances in the past with
similar requests:
1. Variance 12-85
2. Variance 10-86
where landscaping was increased in proportion equal to
the percentage of the Center's required parking demand;
and
WHEREAS, using the same methodology, the proposed use represents
1.289% of the total parking demand, and multiplying
1.289% times 172,108 square feet of required
landscaping yields a requirement of 2,218 square feet
of additional landscaping for the proposed use; and
WHEREAS, the City is currently considering a Zone Text Amendment
(ZTA 1-87) that will allow existing nonconforming
(landscaping) commercial centers five acres or larger
to apply for a landscape program through a Conditional
Use Permit process and incrementally add landscaping up
to 7% of total site area; and
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Resolution Number 1469
Page 2
WHEREAS, if this landscape program is in place, businesses that
are requesting to expand or make structural
modifications would not have to apply for a variance;
and
WHEREAS, the variance would not adversely affect the General
Plan. The landscaping plan proposed by the applicant
would provide new landscape planter areas in the
Rossmoor Center and would not increase the Center's
landscaping shortfall;, and
WHEREAS, special circumstances applicable to the property
deprive the applicant of privileges enjoyed by other
property in the same vicinity and zone. Since the site
is located in a large commercial center with a
shortfall in excess of 8~,~~~ square feet, it would be
unreasonable to expect an individual tenant to bear the
responsibility of bringing the entire center into
conformance with landscaping requirements; and
WHEREAS, the variance would not constitute a grant of privilege.
The plans submitted represent a reasonable incremental
approach to bringing the Rossmoor Center's landscaping
up to current standards; and
WHEREAS, the purposed project will not have a significant effect
on the environment, and in accordance with the
requirements of the CEQA Guidelines of the State of
California, a Negative Declaration has been prepared,
and is hereby adopted by reference.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does
hereby approve Variance 7-87 subject to the following conditions:
1. Additional square footage is approved for 728 square
feet of interior space, and 756 square feet of outdoor
patio area.
2. The owner shall install a minimum of 2,218 square feet
of additional landscaping, in accordance with an
improved detailed landscape/irrigation plan approved by
the Director of Development Services, prior to
completion of the new square footage.
3. If Zone Text Amendment 1-87 is adopted by the City of
Seal Beach, the owner of Taco Bell shall conform to the
adopted landscape program. Landscape plans approved
for this variance shall be incorporated into the
landscape program to an extent equal to the minimum
landscape requirement of Zone Text Amendment 1-87.
4. If the landscape program has not been adopted prior to
completion of proposed improvements, the owner of Taco
Bell shall deposit with the City, a cash surety device
equal to the construction cost of the 2,218 square feet
of additional landscaping. Within one year after this
time, the owner shall either construct the additional
landscaping or request that the Center submit and
receive approval for a landscape program. The City
shall refund the bond upon completion of either of
these tasks. If one of these actions is not taken
within the one year period, the City shall use the cash
bond to complete landscape improvements.
5. Trash dumpsters shall be completely enclosed with a six
foot high, decorative masonary wall.
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Resolution Number 1469
Page 3
6. In redesigning the drive aisle/parking configuration
along the Seal Beach Blvd. frontage, the drive aisle
shall maintain a minimim width of twenty-seven (27)
feet, and the addition of landscaping along the
frontage shall not reduce the width less than the
indicated minimum.
APPROVED, AND ADOPTED by the Planning Co~jssion of the
Seal Beach, at a meeting held on the ~ day of
, 1987, by the following vote:
(f)i(>>.~J ~J ~f' JT~t.cr, ~Ut)
AYES:
NOES:
ABSENT:
ABSTAIN:
Commission