HomeMy WebLinkAboutPC Res 1367 - 1985-05-15
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RESOLUTION NUMBER 1367
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH DENYING. VARIANCE 4-85 WITHOUT
PREJUDICE A REQUEST TO PERMIT'STRUCTURAL ALTERATIONS
TO A NON-CO~FORMING PROPERTY,WITHQUT PROVIDING THE
REQUIRED SIGNAGE AND LANDSCAPING FOR TINY NAYLOR1S
RESTAURANT (94I'PACIFI.C COAST HIGHWAY).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
WHEREAS, an application was duly filed by Tiny Naylor's; and
WHEREAS, the property is located at 941 Pacific Coast Highway;
and
WHEREAS, the property is described as that certain parcel of
land in the City of Seal Beach, County of Orange,
State of California, described as Lot 161 of Tract
2591 as per map recorded in Map Book 83, Pages 14 to
18 inclusive in the office of the County Recorder of
said County;
WHEREAS, the subject property contains approximately 326,264
sq. ft. and is located 50 ft. northwest of the center-
line of PCH (941 Pacific Coast Highway); and
WHEREAS, the subject property has approximately 675 feet of
frontage on Pacific Coast Highway; and
WHEREAS, the subject property contains 84,935 square feet of
retail commercial space over 90% occupied. The prope~ty
is situated in the heart of the Seal Beach business
district 50 feet north of the centerline of Pacific
Coast Highway; and
WHEREAS, the surrounding land use and zoning are currently C-l
(Service Commercial Zone) and C-2 (General Commercial
Zone) in nature; and
WHEREAS, the applicant is specifically requesting Variance 4-85 to
permit structural alterations and expansions to a building
located on a non-conforming property without providing
the requires s.i'gnage and landscaping; and
WHEREAS, Tiny Naylor's, in proposing Variance 4-85, would have provided
an additional 3,004 sq. feet of landscaping to the Seal
Beach Center; and
WHEREAS, on December 11, 1978, the City Council of Seal Beach
adopted Section 28-2811 establishing a five (5) year
amortization period in which all non-conforming signs
must be made te comply with the Seal Beach Municipal
Code; and
WHEREAS, On February 6, 1985, the Seal Beach Planning Commission
reviewed and approved Conditional Use Permit 21-84, a
request made by Tiny Naylor's (941 Pacific Coast Highway),
to expand its restaurant dining space and to permit on-
sale beer, wine and distilled spirits within the expansion;
and
WHEREAS, on May 1, 1985, the Planning Commission held a public
hearing on Variance 4-85; and
WHEREAS, the Planning Commission makes the folloWing findings
regarding Variance 4-85:
1. The City is now actively punsuing an enforcement
program by which all non-conforming signage will
be made to conform as required by Section 28-1811
of the S.B.M.C.
2. The additional landscaping proposed by Tiny Naylor's
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_ RESOLUTION NUMBER 1367
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will make a significant aesthetic improvement to the
center as it exists today.
3. That practical difficulties and unnecessary hardships
would result to Tiny Naylor's, Inc., through the
strict and literal interpretation and enforcement of
the provisions addressing the landscaping requirements
for the Seal Beach Center.
4. That when provided, the Seal Beach Center Landscape
Master Plan would prevent discrimination upon anyone
operation but would provide a systematic and equitable
program of compliance for the entire center.
5. That variances are applied to the property and there-
fore, require owner approval prior to the granting of
the applfcation.
6. That the approval of the proposed landscaping plan,
submitted by Tiny Naylor's, Inc. was withdrawn by
the property owner.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
deny Variance 4-85, without prejudice.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 15th day of May , 1985,
by the following vote:,
AYES: Commissioners Jp~~npr. Coy;ogtnn. Rippprd~n. Pprr;n
NOES: Commissioners' 'Hunt
ABSENT:
Commissioners None
Commission