HomeMy WebLinkAboutPC Res 1393 - 1985-10-02
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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 .
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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