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HomeMy WebLinkAboutPC Res 1357 - 1985-01-16 . . RESOLUTION #1357 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 15-84, A REQUEST TO DEVIATE FROM THE REQUIRED PARKING AT 143 MAIN STREET (OLD TOWN WINE AND GOURMET). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, WHEREAS, WHEREAS, ~~HEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, an application was duly filed by Neal Ward and Richard McCollom, 143 Main Street (Old Town.Wine and Gourmet); and the property is located at the southwestern corner of Central Avenue and Main Street (143 Main Street); and the property is de~cribed as a rectangular shaped parcel of land containing approximately 8,813 square feet; and the subject property has approximately 75 feet of frontage on Main Street; and the surrounding land use and zoning are as follows: North - Vacant commercial restaurant building in the C-l (Commercial Service) zone. South - Commercial retail business in the C-l (Commercial Service) zone. West - Commercial retail business in the C-l (Commercial Service) zone. East - Grace Brethren Church separated by a 15-foot wide City a 11 eyway. Main Street and Central Avenue are primary streets developed to their ultimate master-planned width of 80-feet and 60-feet respectively. 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 con- sidered 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) "~~hile parking requirements must be eased in order to en- courage 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 recommend- ed 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 needs." the staff has been applying a three-point policy on parking require- ments 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 Gode. . . RESOLUTION #1357 Page 2 WHEREAS, the proposed restaurant is expected to operate with approx- imately a 66%/33% ratio of take-out to sit-down customers. WHEREAS, the applicant requests to operate a take-out restaurant (Deli), which has operated during the past six and one-half years, with- out providing the required on-site parking. WHEREAS. the parking required for a restaurant is one space per 100 square feet of area or part thereof. The proposed restaurant (Deli) would occupy 294 square feet of the structure, thus requiring three additional spaces to be provided off-site. the Planning Commission makes the following findings regarding the Variance: WHEREAS, 1) Such Variance will not adversely effect the General Plan which designates the subject property for commercial uses, including restaurants. The proposed conditions of approval for the Variance will insure that adequate off-street park- ing is provided for the proposed restaurant. 2) The Downtown Task Force has recommended and the City Council has directed staff to implement their recommendations to allow greater flexibility in present parking requirements, including allowance for off-site and in-lieu fee programs. 3) The application does not constitute a grant of special privileges as adequate off-street parking will be required to be provided instead of the on-site parking spaces. 4) The proposal is specifically in conformance with the City Council approved recommendations of the Market and Business Analysis Task Force which states as a near term strategy to improve tenant mix that it is desirable to increase the amount of restaurant space within the downtown area. 5) Due to the size, shape and location of the subject property and the location of buildings on this property, the strict application of the code as far as to form, type, width and location of parking, cannot be provided; therefore, the application meets the legal test for a Variance under the Seal Beach Municipal Code. NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Variance 15-84 for: a) less than required on-site parking, b) provision of off-site parking at a distance greater than 300-feet. c) type, form, width and location of parking spaces, subject to the following conditions: 1. That the applicant obtain a written authorized parking agreement from the City Council of Seal Beach for use of three (3) City-owned spaces. Such annual parking agree- ment with the City shall be in effect until such time as an "in-lieu" program is in effect; City retains the right then to have applicant comply with any permanent "in-lieu" program developed. 2. That a covenant be recorded on the title of the property which stipulates that three (3) additional parking spaces are required for the restaurant use of 294 sq. ft. within the building located on the subject property. 3. That all requirements established by the County of Orange Health Department and Uniform Building Code be met prior to occupancy. 4. That a trash container be provided with the location and design to be to the satisfaction of the Director of Develop- ment Services. . . ,> RESOLUTION #1357 Page 3 5. That the restaurant use not exceed the area designated on the site plan as approved by the Planning Commission and as modified by any other conditions. . 6. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 16th day of January , 1985 by the following vote: AYES: NOES: ABSENT: Commissioners Hunt. Jessner. Perrin. Ripperdan Commissioners None Commissioners Covinqton ~~~ Chairman ~anning Commission