Loading...
HomeMy WebLinkAboutPC Res 1412 - 1986-05-07 . . RESOLUTION NUMBER 1412 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING VARIANCE 5-86, A REQUEST FOR THE RE-ESTABLISHMENT OF A RESTAURANT WITH LESS THAN THE REQUIRED PARKING (909 OCEAN AVENUE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES: WHEREAS, on March 20, 1986, Mark W. Gill formally applied for Variance 5-86 to the Department of Development Services; and WHEREAS, the applicant is specifically requesting Variance 5-86 to allow the re-establishment of a restaurant with less than the required parking; and WHEREAS, the subject property consists of two 25 x 110 parcels containing approximately 6.050 sq. ft. and is located 240 feet east of the centerline of Ocean Avenue and Main Street (909 Ocean Avenue); and WHEREAS, the subject property has approximately 50 linear feet of frontage on Ocean Avenue; and WHEREAS, the surrounding land use and zoning area as follows: North - A mixture of commercial uses and non-conforming residential uses within the C-l (Service Commercial) Zone. South - Eisenhower Park located in the PLU (Public Land Use) Zone East - A mixture of high, medium and low density residential units located in a the R-3 (High Density) Zone. West - Commercial retail and restaurant uses located in the C-I (Service Commercial) Zone; and WHEREAS, the subject property contains a 1,773 sq. ft. restaurant and a 840 sq. ft., 2-story, nonconforming storage garage with no improved parking spaces; and WHEREAS, the subject property was continually used for restaurant purposes for more than 15 years up until October, 1985. From that time until present, the restaurant use of the property has been inactive; and WHEREAS, on September 17, 1985, the City Council directed staff to implement the Downtown Revitalization Task Force's recommendations, specifically 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/off-site ratio. b. Some type of in-lieu fee should be established to help mitigate future parking needs; and , . . . WHEREAS, at the Planning Commission meeting of December 5, 1984, clarification was requested from the two Downtown Task Forces regarding certain of their findings. Accordingly, the Parking & Urban Design Task Force and the Market & Business Analysis Task force met jointly on Monday, December 17, 1984 and adopted the following recommendations on parking: a. While parking requirements must be eased in order to encourage improvements to existing structures, a portion of the parking spaces must be provided on-site to the extent physically possible. Furthermore, each request for a parking variance shall be accompanied by a good faith effort on the part of the landowner, which would incude but not be limited to, other conditions of approval, such as: . The removal of non-commercial buildings, i.e., garages, storage sheds, storage yards and other nonconforming structures. . The functional arrangement of existing land area into the optimal parking layout. . The incorporation of adjacent parcels into: the optimal parking layout. . Upgrading of parking areas, including new paving, curbs, driveways, striping and landscaping, as required. . When a second story is proposed, the shrinking of the building footprint to provide additional on-site parking spaces; and WHEREAS, staff has been applying a 3-point policy on parking requirements in the Main Stret area, as follows: 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 parking. 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 Revitalization Study by Keyser Marston Associates, Inc., land use and real estate economic consultants, noted than 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 speciality retail nature of the downtown area; and WHEREAS, the Market and Business Analysis Task Force on Downtown Revitalization recommended the following specifically addressing tenant mix: a. It shall be explicitly clear that the following be only 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, the applicant has provided a plan of proposed landscaping for greater than the 10% of the site required by the Municipal Code; and WHEREAS, Section 28-1304 of the Seal Beach Municipal Code states that required parking for establishments for the sale and consumption on the premises of food and beverage is one space for each 100 sq. ft. of gross floor area or part thereof; and WHEREAS, the applicant's establishment encompasses approximately 1,773 sq. ft. distribution of the restaurant area as follows:' 974 sq. ft. (55%) dining area 61 sq.ft. (3%) bar area 423 sq.ft. (24%) kitchen/storage/service & take-out area 315 sq.ft. (18%) bathroom/hallway/office 1,773 sq. ft. (100%) Total restaurant area WHEREAS, the variance will not adversely affect the General Plan which designates the subject property for commercial uses, including restaurants. the proposed conditions of approval for the variance will insure that adewaute off-street parking is provided for the proposed restaurant; 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 allowances for off-site provision and in-lieu programs; and WHEREAS, the application does not constitute a grant of special privileges as adequate off-street parking will be required to be provided instead of the on-site parking spaces; and WHEREAS, the applicant is proposing a good faith effort to upgrade the existing parking, including: a. The removal of a non-commercial garage. b. The functional arrangement of existing land area into the optimal parking layout. c. Upgrading of the parking area, including new paving, curbs, driveways, striping and landscaping in conformance with the Municipal Code; and WHEREAS, the proposed re-establishment 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, due to the size, shape and location of the subject property and the location of buildings on the property, the strict application of the Code as far as to form, type and location of parking spaces and loading zones, meets the legal test for a Variance under the Seal Beach Municipal Code; and WHEREAS, the applicant requests Variance 5-86 for the following: a. An 8 space deviation from the parking requirements. " . . . . b. A deviation of 15% from the maximum 25% allowance of compact parking spaces. c. A deviation from the standard size and shape of a loading zone; and WHEREAS, the applicant is proposing the maximum number of parking spaces which can be provided on-site without the removal of the existing restaurant. As part of the applicant's parking improvement plans, an existing nonconforming 840 sq. ft. garage with second floor storage area is proposed to be removed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve Variance 5-86 with the following conditions: 1. That the applicant provide in writing an agreement to participate in an in-lieu parking program or any other programs the City Councild may establish for parking in the Downtown area to the amount equal to the provision of 8 spaces. If the City Council does not establish such a program, the applicant shall provide a private agreement subject to approval of the City Attoarney. 2. That a covenant be recorded on the title of the property which stipulates that 8 additional parking spaces are required for restaurant use of the property. Any changes to proposed or exising on-site or contractual parking agreements which may affe the conditions herein stated are subject to review and update by the Planning Commisison. 3. That a sign program be designed for all building signage and be approved by the Director of Development Services. 4. 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. 5. That the applicant provide a trash bin enclosure (6 feet high bloock wall with gate) location and design to be approved by the Director of Development Services. 6. That the existing sidewalk area fronting the property be removed and replaced with the City approved decorative sidewalk treatment per the approval of the City Engineer. 7. That the street trees be provided subject to the requirements of the City Engineer. 8. That a detailed landscape and irrigation plan which provides adequate landscaping in those areas noted in the proposed parking layout Scheme "A". Such plans to note the size (24" Box Minimum) and type of plant materials of the landscaped area. All landscaped areas shall be separated by a 6" curb. 9. That all building improvements which are proposed or made in the past be brought into compliance with the 1982 edition of the Uniform Building Code. ~ . . PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of May , 1986. AYES: Commissioners Covington, Hunt, Perrin NOES: Commissioners Jessner ABSENT: Commissioners Ripperdan r:- Secretary to Planning Commission