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HomeMy WebLinkAboutPC Res 1341 - 1984-09-19 .~ . . RESOLUTION #1341 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 10-84, A REQUEST TO DEVIATE FROM THE REQUIRED PARKING AT 901 OCEAN AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, an application was duly filed by Tom and Vicki Winch, 4352 Pickwick Circle #316, Huntington Beach, CA 92649; and WHEREAS, the property is located at the northeast corner of Ocean Avenue and Main Street (~01 Ocean); and WHEREAS, the property is described as a.rectangular shaped parcel of land containing approximately 5,500 square feet located at the northeast corner of Ocean Avenue and Main Street (901 Ocean Avenue); and WHEREAS, the subject property has approximately 50 feet of frontage on Ocean Avenue and 110 feet of frontage on Main Street; and WHEREAS, the surrounding land use and zoning are as follows: North, east, south, west - a mixture of offices, commercial retail, commercial services and a multi- family residence located in the C-l (Service Commercial) zone. East - Commercial retail business in the C-l (Service Commercial) zone. South- Eisenhower Park, Municipal Pier and beach, all located in the PLU (Public Land Use) zone; and WHEREAS, Main Street and Ocean Avenue are primary streets developed to their ultimate master planned width of 80 feet; and WHEREAS, during the period between January 24, 1984 and April 24, 1984, the City Council appointed the Downtown Parking & Urban Design Task Force, which met and formulated recommendations to be considered by the City Council. These recommendations have been reviewed and approved by the Planning Commission back in June. Specifically, the Task Force recommendations 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 recommended parking requirements and a method of determining the on-site/ off-site ratio. 2) . Some type of in-lieu fee should be established to help mitigate future parking needsll; and WHEREAS, the 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 stipulation; and . . ~ RESOLUTION #1341 Page 2 WHEREAS, the City Council held a study session on September 17, 1984 on the recommendations of the Downtown Task Force; and WHEREAS, the proposed restaurant is expected to operate with approximately a 90%/10% ratio of take-out to sit-down customers. The majority of these take-out customers are expected to be non-parking customers (i.e., beach-goers, tourists, local merchants, nearby residents, etc.); and WHEREAS, no schools or churches are located within 600 feet; and WHEREAS, historically the subject location has been used as a restaurant catering to the beach-going public with take-out facilities; and WHEREAS, on January 6, 1978, the California Coastal Commission approved a Coastal Development Permit for a mansard roof addition, facade replacement, relocation of take-out food window and entrance to the subject property; and WHEREAS, on January 25, 1982, the City Council approved a request by Mr. Carl Stewart to lease 13 parking spaces in the Main/ 10th Street parking lot at a rate of $25 per year for a restaurant located at the subject property. After review of the City records, it has been found that such an agreement has never been executed; and WHEREAS, City Code Section 28-1302(6) requires that 10% of the site, plus one (1) tree for each five (5) parking stalls distributed throughout the parking area be provided. The subject property contains minimal landscaping and no additional landscaping is proposed; and WHEREAS, the applicant requests conversion of a damaged restaurant into a new restaurant with a take-out operation; and WHEREAS, the parking required for restaurants is one space per 100 sq. ft. of area. This proposed rehabilitated 1,573 sq. ft. restaurant is required to provide 16 spaces by municipal code. The applicant proposes to provide 10 spaces (3 compact and 7 standard) on-site. Thereby the applicant is requesting a deviation for the remaining balance of 6 spaces; and WHEREAS, the Planning Commission makes the following findings regarding the Variance: 1) The Variance will not adversely effect the General Plan. 2) A large portion of the restaurant's business is expected to be walk-in, take-out customers from the local area, thereby resulting in a lower parking demand than required by the municipal code. 3) The Downtown Task Force has recommended the allowance of greater flexibility in present parking requirements, including allowance for on-site/off-site provisions, and in-lieu fee programs. 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 ~ther facilities are provided instead of the on-site parking spaces. NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Variance 10-84 subject to the following conditions: 1) That the applicant provide in writing an agreement to participate in an in-lieu parking program or ~ . RESOLUTION #1341 Page 3 . any other programs the City Council may establish for parking in the Downtown area to the amount equal to provision of six (6) spaces. If the City Council does not establish such a program, the applicant shall provide a private agreement subject to approval of the City Attorney. 2) That all requirements by the County of Orange Health Department and Uniform Building Code be met prior to occupancy. 3) That a detailed landscape and irrigation plan which provides landscaping of up to 10% of the site area be approved by the Director of Development Services. 4) That the development be in accordance with the site plan as approved by the Planning Commission and as modified by the above conditions. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of September, 1984 by the following vote: AYES: Commissioners Covington, Hunt, Jessner, Perrin NOES: Commissioners None ABSENT: Commissioners Goldenberg