HomeMy WebLinkAboutPC Res 1380 - 1985-06-19
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RESOLUTION #1380
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
APPROVING VARIANCE 9-85, A REQUEST TO CONVERT A
PORTION OF AN EXISTING FURNITURE STORE INTO A DELlI
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 Dominic Zampino:'for
Nick's Deli (223 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 property is a rectangular shaped parcel of land
containing approximately 5,875 sq. ft. and is located
130I ft. southwest of centerline of Central Avenue
(223 Main Street); and
WHEREAS, the property has approximately 87.5 feet of frontage on
Main Street; and
WHEREAS, the City Council's appointed Downtown Parking & Urban
Design Task Force met and formulated recommendations to
be considered by the City Council during the period
between January 24 and April 24, 1984. These recommenda-
tions were reviewed and approved by the Planning Commission
back in June, 1984. On September 17, 1984, the recommenda-
tions of the Downtown Task Force were presented to the City
Council. After discussion, the Council directed staff to
implement the Task Force recommendations. Specifically,
the Task Force recommendations on the parking question are
as fo 11 ows:
a. "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 ratio.
b. Some 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 Mai'n Street area:.
a. All new buildings be required additional parking based
upon its intended use, as required by City Code.
b. Occupancy of an unused portion of an existing building
for retail or residential use requires no additional
pa rk i ng .
c. 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 market and tenant mix study prepared for the City as
part of the Downtown Revi.talization Study by Keyser Marston
Associates, Inc., land use and real estate economic consultants,
noted that an increase in the amount of restaurant space by
10,000 to 20,000 sq. ft. from the existing 40,000 sq. ft. would
be the ideal market tenant distribution for the specialty
retail nature of the downtown area; and
WHEREAS, In addition, the Market and Business Analysis Task Forc.e on
Downtown Revitalization recommended the following specifically
addressing the tenant mix:
a. It shall be explicitly clear that the following be only
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RESOLUTION #1380
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Page 2
in the form of a recommendation as near term strategy
to improve the store mix in the existing space and that
the City in no way be able to legislate or mandate the
choice of tenancy. It is desirable to: 1) decrease the
amount of personal service and convenience goods space,
2) increase the amount of restaurant space, and 3) retain
the present amount of comparison goods space; and
WHEREAS, that on September 5, 1984, the Seal Beach Planning Commission
approved Variance 9-84 a request to permit the establishment
of a restaurant (Deli) without providing the required parkina
(223 Main St.); and v
WHEREAS, the applicant is requesting Variance 9-85 to allow the expansion
of the restaurant use into an adjoining commercial building
without providing the required parking; and
WHEREAS, the adjacent commercial building is credited with one space.
The conversion of the building to restaurant use will require
three spaces according to 5MBC 28-1304. Consequently, Variance
9-85 requests a deviation of the remaining two required spaces;
and
WHEREAS, California Government Code Section 65906.5 on parking variances
and finding reads:
IIA variance may be granted from the parking requirements of a
zoning ordinance in order that some or all of the required park-
ing spaces be located off-site, including locations in other
local jurisdictions, or that in-lieu fees or facilities be
provided i.nstead of the required parking spaces...;1I and
WHEREAS, the variance does not adversely affect the general plan; and
WHEREAS, because of special circumstances applicable to the property,
including size, shape, topography, location or surroundings,
the strict applicati.on of this chapter deprives the property
of privilege inconsistent with other limitations upon other
properties in the same vicinity and zone; and
WHEREAS, the granting of the variance does not constitute a grant of
special privilege inconsistent with other limitations upon
other properties in the same vicinity and zone; and
WHEREAS, on June 19, 1985, the Planning Commission held a public hearing
on Variance 9-85.
NOW, THEREOFRE, BE IT RESOLVED that the Planning Commission of the City of
Seal Beach does hereby approve Variance 9~85 subject to the following
conditions:
1. That the applicant obtain a written authorized parking
agreement from the City Council of Seal Beach for two (2)
spaces. Such annual parking agreement with the City shall
be in effect until such time as an lIin-lieull program is
in effect. The City retains the right then to have the
applicant comply with any permanent lIin-lieull program
developed.
2. That a covenant be recorded on the title of the property
which stipulates that two(2) additional parking spaces
are required for the restaurant use of 280 sq. ft. within
the bUilding located on the subject property.
3. That all requirements established by Orange County Health
Department and Uniform BUilding Code be met prior to
occupancy.
4. That a trash enclosure be provided with the lcoation and
design to be to the satisfaction of the Director of
Development Services.
RESOLUTION #138~
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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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 19th day of June
1985, by the following vote:
AYES:
NOES:
ABSENT:
Commissioners
Hurit~ Jessner. Perrin
None
Commissioners
Commissioners
Covington, Ripperdan
Chairman 0