HomeMy WebLinkAboutPC Res 1351 - 1985-01-02
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RESOLUTION NUMBER 1351
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING A PARKING
VARIANCE FOR A RESTAURANT LOCATED AT
138 1/2 / l4~ MAIN STREET
The Planning commission of the City of Seal Beach hereby resolves:
WHEREAS, an application was duly filed by Hennessey's Taverns,
Inc., 3~ Pier Avenue, Hermosa Beach, California 9~254;
and
WHEREAS, the subject property is recorded by the Recorder of
the County of Orange as Lot 38 and 4~, Block 9 of
the Bay City Tract; and
WHEREAS, the subject property contains approximately 5,875
sq. ft. and is located l3~ ft. southwest of the centerline
of Central Avenue (138 1/2 / l4~ Main Street); and
WHEREAS, the subject property has approximately 5~ feet of
frontage on Main Street; and
WHERAS, the subject property contains a 2,775 sq. ft. vacant
commercial space, a 737 sq. ft. retail commercial space
and a residence over the two-car garage located in
the alley; and
WHEREAS, the surrounding land use and zoning is as follows:
North, South & West - A mixture of offices, commercial
retail, and cammercial service uses located in the
C-l (Service Commercial) zone.
East - A mixture of legal nonconforming duplexes and
triplexes, and conforming single family residences,
located in the R-3 (High Density Residential) zone;
and
WHEREAS, Main Street is a primary street developed to its ultimate
planned width of 8~ feet; and
WHEREAS, during the period between January 24, 1984 and April 24,
1984, the City Council appointed 'the Downtown Parking
and Urban Design Task Force, which met and formulated
recarmendations to be considered by the City Council.
These recommendations have been reviewed and approved
by the Planning Ccmnission back in June and City Council
in September. Specifically, that Task Force recommendations
on the parking questions 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/off-site ratio.
b) Sane type of in-lieu fee should be established
to help mitigate future parking needs; and
WHEREAS, staff pas been applying a three-point policy on parking
requirements in the Main Street area, as follows:
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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
parkings as stipulated by the City code.
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
econanic consultants, noted that an increase in the
amount of restaurant space by 10,000 to 20,000 sq.
ft. fran the existing 40,000 sq. ft. would be the
ideal market tenant distribution for the specialty
retail nature of the downtown area.
WHEREAS, the Market & 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 recomnemation as near
term strategy to improve the store mix in the
existing space am 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, am
3) retain the present amount of comparison goods
space; and .
WHEREAS, no schools are located within 600 feet of the property;
one church (Grace Brethren) is located within 300
feet of the property; and
WHEREAS, the applicant requested the establishment of a 3,512
sq. ft. restaurant incorporating an existing 2,775
sq. ft. vacant lease space and a 737 sq. ft. retail
space providing less than the required parking, am
the provision of on-sale beer, wine am distilled
spir i ts; and
WHEREAS, the Planning Canmission held a public hearing on Variance
14-84 on December 5, 1984; and
WHEREAS, the Downtown Revitalization Task Force held a meeting
on December 17, 1984, held upon the request of the
Ci ty Council. The Task Force made SPecific recomnemations
to those issues raised at the December 5, 1984 Planning
Commission meeting; and
WHEREAS, the Planning Canmission held a public hearing on Variance
14-84 on December 19, 1984; and
WHEREAS, the Planning Ccmnission makes the following findings
regarding the variance:
1) Such variance will not adversely effect the General
Plan which designates the subject property for
commercial uses, including restaurants. The proposed
conditions of approval for the variance will insure
that adequate off-street parking is provided for
the proposed restaurant.
2) The Downtown Task Force has recammended am the
City Council has directed staff to ~lement their
recammemations to allow greater flexibility in
present parking requirements, including allowance
for off-site and in-lieu fee programs.
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3) 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.
4) The proposal is specifically in conformance with
the City Council approved recomnendations 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.
5) Due to the size, shape and location of the subject
property and the location of buildings on this
property, the strict application of the code as
far as to form, type, width and location of parking,
cannot be provided; therefore, the application
meets the legal test for a variance under the
Seal Beach Municipal code.
NOW, THEREFORE, BE IT RESOLVED that the Planning COI1I1lission
does hereby approve Variance 14-84 for: a) less than required
on-site parking, b) provision of off-street parking at a distance greater
than 399 feet, c) type, form, width and location of parking
spaces, subject to the following conditions:
1. That the applicant. obtain a written authorized
parking agreement from the Ci ty COuncil of Seal
Beach for use of 18 City-owned spaces. Such annual
parking agreement with the Ci ty shall be in effect
until such time as an "in-lieu" program is in
effect; City retains the right then to have applicant
comply with any permanent "in-lieu" program developed.
2. That a covenant be recorded on the title of the
propery which stipulates that 18 additional parking
spaces are required for restaurant use of the
property.
3. That a sign program be designed for all building
signage and approved by the Director of Developnent
Services.
4. That the front and rear facade elevation plans
for the building be designed in an architectural
style in conformance with the architectural design
concept of Main Street. Elevation materials and
lighting to be designed to the satisfaction of
the Director of Developnent Services.
5. That all requirements by the COunty of Orange
Health Department and Uniform Building Code be
met prior to occupancy.
6. That a trash enclosure be provided (6 ft.. high
block with gate) location and designed to the
satisfaction of the Director of Development Services.
7. That the palm tree at the rear of the property
be removed in such a manner that removal will
not endanger the life of the tree and donated
to the City.
8. That approval is subject to the conditions established
by COncH tional Use Permit 18-84. No sale of alcohol ic
beverages after 1:30 a.m. No serving of food
after 1:99 a.m.
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9. That a covenant be recorded on the title of the
properties which stipulates that the six tandem
parking spaces provided at 136, 136 1/2 Main Street
are provided for restaurant use of 138 1/2, 140
Main Street; such parking area to be so signed
as "parking" for that restaurant establishment.
10. That the garage doors be removed to allow for
open, accessible parking.
11. That a landscape and irrigation plan be provided
that provides landscaping of up to 10% of the
site and approved by City staff.
PASSED, APPROVED AND ADOPl'ED by the Planning Carmission of the
Ci ty of Seal Beach at a meeting thereof held on the 2nd day
of January , 1985 by the following vote:
AYES: Commissioners Covington, Jessner, Perrin, Hunt, Ripperdan
NOES: Commissioners None
ABSENT: Commissioners None
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Chalrman of lng Commlssion