HomeMy WebLinkAboutPC Res 1541 - 1989-04-05
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RESOLUTION NUMBER 1541
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING VARIANCE
2-89, A REQUEST FOR LESS THAN THE REQUIRED
ON-SITE PARKING IN CONJUNCTION WITH A NEW
RESTAURANT (143 MAIN STREET, SEAL BEACH)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, On February 17, 1989, Nader Tahvi1dari submitted an application
for Conditional Use Permit 2-89 and Variance 2-89 to the
Department of Development Services; and
WHEREAS, The subject property contains approximately 8,813 square feet
and is located at the southwestern corner of Central Avenue and
Main Street (143 Main Street); and
WHEREAS, The subject property has approximately 75 feet of frontage on
Main Street; and
WHEREAS, The subject property contains an existing retail store and
delicatessen with currently valid alcoholic beverage licenses
for on-sale beer and wine and for an off-sale beer and wine
retail outlet (approved February 1980); and
WHEREAS, The subject property has received the following approvals from
the Planning Commission:
A. Variance 15-84 for the provision of less than the required
on-site parking (approved January 1985).
B. Conditional Use Permit 19-84 for on-sale beer and wine in
conjunction with the de1icatessen/ restaurant and issued to
Old Town Wine and Gourmet (approved January 1985).
C. Conditional Use Permit 22-84 to permit the establishment of
a take-out restaurant (deli) at 143 Main Street (approved
January 1985); and
WHEREAS, The surrounding land use and zoning are as follows:
NORTH Existing restaurant in the Service
Commercial (C-1) Zone.
SOUTH & EAST
Commercial retail business in the
Service Commercial (C-1) Zone.
WEST
Grace Bretheran Church in the Residential
High Density (RHO) Zone; and
WHEREAS, Main Street and Central Avenue are primary streets developed to
their ultimate right-of-way of 80 feet and 60 feet respectively;
and
WHEREAS, The applicant requests to operate a Continental-cuisine style
restaurant by the name of Papil10n at 143 Main Street. The
applicant also requests a permit for on-sale beer, wine, and
distilled spirits to augment the proposed menu. Further, the
applicant requests a variance to the required on-site parking
requirements.
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City of Seal Beach
Planning Commission
Resolution 1541
Page 2 of 4
WHEREAS, The applicant's establishment encompasses approximately 2,784
square feet which would require the provision of 28 parking
spaces; and
WHEREAS, Variance 15-84 credited the subject property with 12 parking
spaces broken down as follows:
A. On-site parking provided...........5 spaces
B. Grandfathered parking..............4 spaces
C. In-lieu parking....................3 spaces
WHEREAS, Staff has concluded, through review of the lease agreement
(enclosed), that the applicant is entitled to the use of one-
third of the parking lot located at 145 Main Street. Staff
based this conclusion on two sections of the lease which read as
follows:
1. "The real property and premises herein leased and let by
LESSOR to TENANT consists of: ...
(2) an undivided one-third possessory interest in and to
the 50' x 114' lot.....
2. "said parking lot (145 Main St.) will be used for customer
parking only for both businesses in such a reasonable
manner that TENANT (143 Main St., the subject property) and
her customers will have the beneficial use of approximately
one-third of the parking spaces thereat,.....; and
WHEREAS, An inspection by staff on March 27, 1989, found 19 parking
spaces provided on-site. It is staff's contention therefore,
that the applicant is entitled to one-third or, six (6) of the
nineteen (19) parking spaces provided on-site.
WHEREAS, According to these revised figures, the subject property
currently provides 13 parking spaces as follows:
A. On-site parking provided...........6 spaces
B. Grandfathered parking..............4 spaces
C. In-lieu parking....................3 spaces
TOTAL
13 spaces
WHEREAS, The applicant is therefore requesting an additional 15 spaces to
be provided through the City's interim in-lieu parking program;
and
WHEREAS, The applicant's proposed hours of operation are:
11:00 a.m. to 1:00 a.m., Monday through Saturday
9:00 a.m. to 9:00 p.m., Sunday; and
WHEREAS, William Stearns, Chief of Police, has reviewed the proposal and
existing records, and has no reservations about allowing the
proposed use; and
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City of Seal Beach
Planning Commission
Resolution 1541
Page 3 of 4
WHEREAS, On March 2, 1989, the Department of Development Services
received a letter fram Ross V. Mc Guire, 134-A Main Street,
recommending approval of Variance 2-89 and CUP 2-89; and
WHEREAS, The Planning Commission makes the following findings:
1. Variance 2-89 will not adversely affect the General Plan
which designates the subject property for commercial uses,
including restaurants.
2. There are special property related circumstances which
deprive the property at 143 Main Street of the privileges
enjoyed by other property in the same vicinity and zone.
Specifically, the size and shape of the property and the
manner, in which it was developed prevent the provision of
28 parking spaces on-site.
3. The granting of Variance 2-89 will not constitute a grant
of special privilege inconsistent with other limitations
upon other properties in the same vicinity and zone.
4. The granting of Variance 2-89 is consistent with the intent
of California Government Code section 65906.5 on parking
variances which allows for approval of such parking
variances if in-lieu fees are provided instead of on-site
parking spaces.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of
Seal Beach does hereby approve Variance 2-89, subject to the following
conditions:
1. Variance 2-89 is approved for the provision of less than the required
on-site parking in conjunction the establishment of a restaurant at
143 Main Street.
2. That a covenant be recorded on the title of the property which
stipulates that 18 additional parking spaces (15 provided through
Variance 2-89 and 3 provided by Variance 15-84) are required for
restaurant use of the property.
3. That the property owner shall agree to participate in such in-lieu
parking program as has been or shall be established by the City
Council for the amount equal to eighteen (18) spaces. Any changes to
the total parking requirement for the site shall cause the
modification of the rate of participation in the in-lieu program,
subject to Planning Commission approval. The applicant and/or
property owner shall sign and record the in-lieu parking agreement
prepared by the City prior to the issuance of any building permits
and/or business license. The applicant realizes that this is an
interim agreement, and a permanent agreement may result in further
costs per space.
4. That all requirements of the Orange County Health Department and the
Uniform Building Code be met prior to occupancy.
5. All construction shall be in substantial conformance with the plans
submitted, except as conditioned by the Planning Commission.
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City of Seal Beach
Planning Commission
Resolution 1541
Page 4 of 4
6. That the restaurant use not exceed the area designated on the site
plan as approved by the Planning Commission.
7. The applicant shall submit plans to, and receive approval fram the
Department of Development Services prior to the placement of any
signage on the subject property.
8. That approval is subject to all conditions established for
Conditional Use Permit 2-89.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 5th day of April, 1989, by the
following vote:
AYES:
commissioners Sharp, Suggs, Jessner, Rullo
NOES:
Commissioners
ABSENT:
Commissioners Fife
ABSTAIN: commissioners
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/J~S Sharp, C irman
~ ~ Q.~ ~ (//lannlnq Conmisslon
ward M. Knigh , Secr t
Planning Commission
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