HomeMy WebLinkAboutPC Res 1398 - 1985-10-02
. . r
.
j.
RESOLUTION NUMBER 1398
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH, APPROVING VARIANCE 13-85, A
REQUEST TO ALLOW THE ESTABLISHMENT OF A WALK-UP
TAKE-OUT RESTAURANT WITH DEVIATIONS FROM THE
REQUIRED PERCENTAGE OF COMPACT PARKING, THE NUMBER
OF PARKING SPACES, AND THE AMOUNT OF LANDSCAPING
(214 and 216 Main Street)
The Planning Commission of the City of Seal Beach does hereby resolve:
WHEREAS, an application was duly filed by Ian Brodie for Cheryl Serge,
6334 Elmquist Avenue, Whittier, California; and
WHEREAS, the property is located at 214 and 216 Main Street, Seal
Beach, California; and
WHEREAS, the property is described as Lots 14 and 16, Block 109,
Bay City, City of Seal Beach, as per map recorded in Book
3, Page 19 of Miscellaneous Maps in the Office of the County
Recorder of said County; and
WHEREAS, a portion of the property's use is being intensified from
a professional office (Flying Fingers Typing) to a take-
out restaurant use which necessitates the provision of
additonal parking spaces on-site; and
WHEREAS, the property is located in a C-l (Service Commercial) Zone;
and
WHEREAS, the surrounding land us~s and zoning are as follows:
North, West and South - A mixture of commercial/retail uses
located in the C-l (Service Commercial) Zone
East - A mixture of residential uses located in the R-3
(High Density Residential) Zone; 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. The Task Force recommendations on
the parking question are as follows:
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, 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 applicant is specifically requesting Variance 13-85
to permit a walk-in/take-out frozen yogurt/sandwich operation
without providing the required parking; and
WHEREAS, the variance will not adversely affect the General Plan;
and
. .
.
.-
WHEREAS, the Downtown Task Force has recommended and the City Council
has directed staff to implement their recommendation to
allow greater flexibility in present parking requirements,
including allowance for off-site provisions and in-lieu
programs; and
WHEREAS, the application falls within the intent of California Government
Code Section 65906.5 on parking variances if in-lieu fees
or other facilities are provided instead of the on-site
parking spaces; and
WHEREAS, 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;
and
WHEREAS, that hardship due to lot width and size, which was not
self-imposed by the applicant, has been demonstrated and
deprives the property of privileges enjoyed by other property
in the same vicinity and zone; and
WHEREAS, the granting of such variance will not constitute a grant
of special privilege inconsistent with other limitations
upon other properties in the same vicinity and zone; and
WHEREAS, on September 18, 1985, the Planning Commission held a public
hearing on Variance 13-85.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby
approve Variance 13-85 subject to the following conditions:
1. That the variance shall apply to the combined properties under
single ownership of 214 and 216 Main Street.
2. Compliance with all conditions established for CUP 17-85.
3. That the subject property's parking be re-oriented as per the
staff submited alleyway parking design proposal.
4. That the applicant provide in writing an agreement to participate
in an in-lieu parking program or any other programs the City
Council may establish for parking in the Downtown area to the
amount equal to the provision of three spaces. If the City Council
does not establish such a program, the applicant shall provide
a private agreement subject to the approval of the City Attorney.
5. That all non-structural (i.e., tables, cartons, rubbish, etc.)
be removed from the rear of both 214 and 216 Main Street.
6. That the parking area serving both 214 and 216 Main Street be
resealed, pot holes filled and the area be restriped in accordance
with the staff proposed parking design.
7. That a block wall trash enclosure be constructed on-site to the
specifications of the Department of Development Services.
8. 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 for the rear parking area.
Any landscaping plan that provides for less than 10% of the site
area be subject to an in-lieu landscaping program when and if
this concept is subsquently ratified by the City Council.
.
./
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Sea 1 Beach at a meeting thereof he 1 d on the 2nd day of October
1985, by the following vote: -----
AYES: Commissioners Covington, Hunt, Jessner, Ripperdan
NOES: Commissioners None
ABSENT: Commi ss i oners None
ABSTENTION: Commissioners Perrin
Commission