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HomeMy WebLinkAboutPC Res 1411 - 1986-02-19 ~ .. . . RESOLUTION NUMBER 1411 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 2-86, CONDITIONAL USE PERMIT 3-86. A REQUEST TO PERMIT THE RE-ESTABLISHMENT OF A WALK-IN/TAKE-OUT DELI RESTAURANT WITHOUT PROVIDING THE REQUIRED PARKING THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS. on December 18. 1985. applications for Conditional Use Permits 3-86 and 4-86, requests to allow the on-site sale of beer and wine in conjunction with the re- establishment of a deli/restaurant. was submitted to the Department of Development Services; and WHEREAS. as a result of staff review of CUP 3-86. the aforementioned Variance problems were discovered. On January 15, 1986. Mr. Mansour was requested and did apply for Variance 2-86. a request to allow the re- establishment of a deli/restaurant without providing the required parking; and WHEREAS. on February 10. 1986, the City Council adopted a 45 day moratorium on the approval of new Conditional Use Permits pertaining to the sale of alcohol within the City. Consequently, CUP 4-86 is continued until the moratorium is lifted by the City Council; and WHEREAS. the subject property is a rectangular shaped parcel of land containing approximately 23,175 sq. ft. and is located 150 = feet south of the centerline of P.C.H. (321 Seal Beach Blvd.); and WHEREAS. on October 2, 1974, the Planning Commission approved CUP 6-74, a request to permit the on-site sale of beer and wine to be used in conjunction with a proposed deli/restaurant. CUP was issued to Zada Tebbens: and WHEREAS. on October 5, 1977, the Planning Commission approved CUP 3-77, a request to transfer an on-site alcoholic beverage license from Zada Tebbens to David Young to be used at the same location: and WHEREAS. according to the applicant and the ABC. in 1979, an alcoholic beverage license was transferred from the previous operator to Ramzi Mansour for use at the same location: and WHEREAS. the applicant specifically requested CUP 3-86 to permit a sandwich shop. The specifics of the deli operation are as follows: 372.5 sq. ft. 196.0 sq. ft. 206.0 sq. ft. 335.6 sq. ft. Kitchen. storage and service area Outside seating area Inside seating area Restrooms, hallways. etc. 1.110 sq. ft. Total Deli Area; and WHEREAS. Stacey Picascia, Chief of Police, has researched existing records and has no reservations regarding the approval of this CUP by the Planning Commission; and . . . Resolution Number 1411 Page 2 WHEREAS. it was determined that the deli/restaurant would not exacerbate the current parking problem: and WHEREAS. the parking Variance will not adversely affect the General Plan; and WHEREAS. 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. the Planning Commission held a public hearing on February 19. 1986 on CUP 3-86 and Variance 2-86. NOW. THEREFORE. BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve CUP 3-86 and Variance 2-86 subject to the following conditions: 1. That CUP 3-86 be approved for a walk-in/take-out deli- restaurant (321 Seal Beach Blvd.) and issued to Ramzi Mansour (Daily Sub). 2. That approval be subject to all conditions established by Variance 2-86. 3. That a sign program be designed for all building signage and be approved by the Director of Development Services. 4. That all requirements of the County of Orange Health Department and Uniform Building Code be met prior to occupancy. 5. That a more resubmitted to for approval. following: detailed landscape plan be designed and the Department of Development Services The landscape plan would identify the a. Plant types. proposed. sizes. location and irrigation b. Relocation of landscape material to be removed by Mr. Mansour for the proposed outside patio area. c. Upgrading of landscape material currently located along the alleyway portion of the property. d. That the owner/applicant be required to plant street trees along the width of the property to the satisfaction of the City Engineer. e. That a trash enclosure or facility be provided for the deli/restaurant to the satisfaction of the Department of Development Services. 6. 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. 7. That the approved parking plan provide 43 spaces (19 compact and 24 standard spaces). .. .' ., . . . Resolution Number 1411 Page 3 PASSED. APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the _)J~b______ day of __E~~~]rY__________. 198t. by the following vote: AYES: Commissioners:_~~j]gt~n~_tl~Q~_~~~~~!_______________ NOES: Commissioners:_~~n~________________________________ ABSENT: Com m i s s ion e r s : _e..EiY'.rjn.LJti.Q.Q~t.c@]_____________________ _~~_dd Chairman to the e Planning Commission