HomeMy WebLinkAboutPC Res 1393 - 1985-10-02 . - ~ RESOLUTION NUMBER 1393 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING VARIANCE 11-85, A REQUEST TO ALLOW AN ADDITION TO A RESTAURANT WITHOUT PROVIDING THE REQUIRED LANDSCAPING (12241 SEAL BEACH BOULEVARD). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES: WHEREAS, an application was duly filed by Zember Construction Co. and Parasol Restaurant (12241 Seal Beach Blvd.) for Variance 11-85; and WHEREAS, the property is described as the Rossmoor Business Center located on the west side of Seal Beach Blvd., north of St. Cloud Drive (12241 Seal Beach Blvd); and WHEREAS, the subject property has approximately 4,000 ft. of frontage on Seal Beach Blvd. and a depth varying from 142 ft. to 1,200 ft.; and WHEREAS, the property contains several retail-commercial buildings located in the C-2 (General Commercial) Zone; and WHEREAS, the surrounding land uses and zoning are as follows: North, West and South - Single family residences located in the community of Rossmoor in the unincorporated territory of the County of Orange. A mixture of open space utilized for the most part as a golf course in the R-G Zone, retail-commercial uses in the C-1 Zone and residential uses in the City of Los Alamitos; and WHEREAS, the Rossmoor Center is non-conforming due to substandard land- scaping. The Parasol restaurant currently utilizes illegal non-conforming signage at the location; and WHEREAS, the applicant is specifically requesting to structurally add approximately 1,300 sq. ft. of outside patio eating area without providing the required landscaping. The open patio will enhance the area by the architectural design; and WHEREAS, the Rossmoor Center requires 172,,108 sq. ft. of landscaping to reach compliance with the City code requirement of 10% land- scaping of the site; and WHEREAS, it has been determined that the Parasol Restaurant should be held responsible for 2 percent (3385 sq. ft.) of the required landscaping for the Center; and WHEREAS, the Parasol Restaurant has proposed a total landscaping plan for the site equalling 3385 sq. ft.; and WHEREAS, said variance shall 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 application of the Landscaping Code deprives said property of privileges enjoyed by other property in the same vicinity and zone; and WHEREAS, the granting of said variance shall not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone; and Resolution #1393 . . Page 2 WHEREAS. the additional landscaping proposed by Parasol Restaurant will make a signi,ficant aesthetic improvement to the Center as it exists today; and WHEREAS, practical difficulties and unnecessary hardships would result to Parasol Restaurant through the strict and literal interpretation and enforcement of the provisions addressing the landscaping requirements for the entire Rossmoor Center; and WHEREAS, Parasol Restaurant's proposal to provide a percentage of the required landscaping equal to its percentage of the Code required parking spaces noted in Exhibit A is found to be a reasonable effort toward compliance within the intent of the Municipal Code; and WHEREAS, ~n September 4, 1985 and October 2, 1985, the Planning Commission held a public hearing on Variance 11-85. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance 11-85 with the following conditions: 1. That the applicant's existing illegal non-conforming signage be removed. 2. That a sign program be designed for all the applicant's signage and approved by the Director of Development Services prior to issuance of building permits. 3. That all requirements by the County of Orange Health Department and Uniform Building Code be met prior to occupancy of the new patio improvements. 4. That a trash enclosure be provided (6 feet high block with gate) location and design to be to the satisfaction of the Director of Development Services. 5. That a final landscape and irrigation plan be provided for those landscape areas proposed in Exhibit A or as modified by the Planning Commission, such final landscape and irrigation plan to be approved by the Director of Development Services prior to the issuance of building permits. PASSED, APPROVED and ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 2nd day of October 1985 by the following vote: AYES: NOES: ABSENT: Commissioners Covington, Hunt, Jessner, Perrin, Ripperdan None Commissioners Commissioners None