HomeMy WebLinkAboutPC Res 1340 - 1984-09-05
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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:
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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
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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
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Chairman of ing Camnisslon