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HomeMy WebLinkAboutPC Res 1340 - 1984-09-05 , . RESOLUTION NO. 1340 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 9-84, A REQUEST TO CONVERT A PORTION OF AN EXISTING FURNITURE STORE INTO A DELI/ RESTAURANT WITHOUT PROVIDING ALL THE REQUIRED PARKING THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, an application was duly filed by Charles H. Burroughs, 225 Main Street, Seal Beach, California 90740; and WHEREAS, the property is described as Lot 23 in Block 108 of the Bay City Tract, in the City of Seal Beach, County of Orange, State of California, as shown on a map recorded in Book 3, Page 19 of Miscellaneous Maps, in the Office of the County Recorder of said County; and WHEREAS, the subject property contains approximately 10,280 sq. ft. and is located on the west side of Main Street approximately 79 feet south of Electric Avenue (225 Main Street); and WHEREAS, the subject property has approximately 87.5 feet of frontage on Main Street and a depth of 117.5 feet; and WHEREAS, the subject property contains the following: 1) A one-story building fronting onto Main Street containing 755 sq. ft. with a 355 sq. ft. patio annex. This building and patio are presently used for a furniture store and is the subject location of the proposed restaurant. 2) A one-story building located in the southwest corner of the property adjacent to the alley containing 529 sq. ft. This area is presently used for storage. 3) A two-story building located along the alley in the middle of the property containing 726 sq. ft. presently used for storage. 4) The remainder of the site contains a brickwalk way, a brick court, a nursery and five parking spaces off the alley; and WHEREAS, surrounding land use and zoning are as follows: North, east and south - a mixture of offices, comnercial retail and commercial services in the C-l (Service Commercial) zone. West - a mixture of single family residences, legal non-conforming duplexes and triplexes in the R-3 (High Density Residential) zone. WHEREAS, Main Street is a primary street developed to its ultimate master planned width of 80 feet; and WHEREAS, during the period between January 24, 1984 and April 24, 1984, the City Council appointed Downtown Parking and Urban Design Task Force met and formulated recomnendations to be considered by the City Council. These reconmendations have been reviewed and approved by the Planning Ccmnission back in June. Specifically, the Task Force recarmendations on the parking question are as follows: . . 1) ''While parking requirements must be eased in order to encourage the infill of existing vacant lots and improvements to existing structures, a portion of the parking spaces must be provided on-site. City staff should draw up recomnended parking requirements and a method of determining the on- site/off-site ratio. 2) Same type of in-lieu fee should be established to help mitigate future parking needs;" and WHEREAS, staff has been applying a three-point policy on parking requirements in the Main Street area. 1) All new buildings be required additional parking based upon its intended use, as required by City code. 2) Occupancy of an unused portion of an existing building for retail or residential use requires no additional parking. 3) Replacement uses or an expansion of an existing use to a more intense use requires additional parking as stipulated by the City code; and WHEREAS, the City Council will be holding a study session on September 17, 1984 on the recomnendations of the Downtown Task Force; and WHEREAS, the lessee of the proposed deli/restaurant area presently has a deli/restaurant located in the 100 block of Main Street, which will be removed and relocated at the proposed facility, if approved; and WHEREAS, the parking study done for the City as part of the Downtown Revitalization Study by Linscott, Law & Greenspan, Inc., noted that the 100 block was subject to greater parking demand that the 200 block; and WHEREAS, the proposed deli/restaurant is expected to operate with a 45%/55% ratio of take-out to sit-down customers. The majority of these take-out customers are expected to be non-parking customers (i.e., local merchants, nearby residents, City Hall errployees, etc.); and WHEREAS, SPecifically, the applicant requested the conversion of the building fronting Main Street fran a retail furniture store to a restaurant. 370 sq. ft. kitchen & service area 385 sq. ft. seating area 755 sq. ft. total restaurant area proposed to be converted; and WHEREAS, the existing retail furniture store is credited with three spaces. The conversion of the building to restaurant use will require eight parking spaces by code resulting in a requested deviation of five additional spaces; and WHEREAS, California Government Code Section 65906.5 on parking variances and finding reads: "A variance may be granted fran the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located off-site, including locations in other local jurisdictions, or that in- lieu fees or facilities be provided instead of the required park ing spaces...; II and WHEREAS, on September 5, 1984, the Planning Ccmnission held a public hearing on Variance 9-84; and . . WHEREAS, the Planning Camnission makes the following findings regarding the variance: 1) The Downtown Task Force has recomnended the allowance of greater flexibility in present parking requirements, including allowance for on-site/off-site provisions, and in-lieu fee programs. 2) The application is unique since it is no more than the relocation of an existing operation fram the 100 block to the 200 block of Main Street. 3) A large portion of the deli/restaurant's business is eXPected to be walk-in customers fram the local area, thereby resulting in a lower parking danand than required by the municipal code. 4) The application falls within the intent of California Government Code Section 65906.5 on parking variances which establishes legal grounds for approval of parking variances as noted in Variance 9-84 if in-lieu fees or other facilities are provided instead of the on-site parking spaces. NOW, THEREFORE, BE IT RESOLVED that the Planning Carmission of the City of Seal Beach does hereby approve Variance 9-84 subject to the follwoing condition: 1) That the applicant provide in writing an agreement to participate in an in-lieu parking program or any other programs the City Council may establish for parking in the Downtown area to the amount equal to provision of five spaces, as approved by City Attorney. Or, if not established by City Council, a parking agreement equal to five spaces be provided, as approved by City Attorney. 2) That the applicant provide adequate bathroom facilities as required by Orange County Health Department and Uniform Building Code and as specified by the applicant. PASSED, APPROVED AND ADOPTED by the Planning Carmission of the City of Seal Beach at a meeting thereof held on the 5th day of Seotember , 1984 by the following vote: AYES: Carmissioners Coy-i.noton. Gal denberq. Hunt. Jessn.er. Perri n NOES: Carmissioners None ABSENT: Carmissioners C-~__~4"~ Chairman of ing Camnisslon