HomeMy WebLinkAboutPC Res 1400 - 1986-08-20
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RESOLGTIOX NUMBER 1400
A RESOLGTIOX OF THE PLAXXIXG CO~~ISSIOX OF THE CITY OF
SEAL BEACH DENYING AX AMENDMENT TO VARIAXCE 11-84. A
REQUEST TO ~ODIFY THE REQUIRED NU~BER OF ON-SITE AXD
I~-LIEU PARKING SPACES FOR A TWO-STORY COMMERCIAL
BUILDI~G (320 ~AI~ STREET)
THE PLAXXING CO~MISSIOX OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS. an application was duly filed by Thomas Schuveiller:
and
WHEREAS. the subject property is described by the recorder of
the County of Orange as Lot 20 and the northeast 19.24
feet of Lot 18, Block 209 of Baywiew Tract; and
WHEREAS, the subject property contains a rectangular parcel of
land measuring approximately 5.198 square feet. and
located approximately 185 feet north of the centerline
of Electric Avenue (320 ~ain Street); and
WHEREAS. the subject property has a total frontage on Main
Street of approximately 44 feet. and
WHEREAS, the subject property contains a two-story, 5.320 square
foot retail building with less than the required
parking; and
WHEREAS. the surrounding land uses and zoning are as follows:
North, South. West - retail and office uses located in
the C-l (Service Commercial) Zone
East - a mixture of legal nonconforming duplexes and
triplexes located in the RHD (High Density Residential)
Zone: and
WHEREAS. on Xovember 7, 1984. the Planning Commission adopted
Resolution #1346 approving Variance 11-84, a request to
allow the construction of a two-story, 5.320 square
foot building at 320 Main Street with less than the
required parking subject to 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 Council may establish
for parking in the Downtown area to the amount
equal to provision of 19 spaces. If the City
Council does not establish such a program, the
applicant shall provide a private agreement
subject to approval of the City Attorney.
2) That a detailed landscape and irrigation plan
which provides permanent landscaping of up to 10%
of the site area be approved by the Director of
Development Servlces.
3) That a sign program be designed for all bUilding
signage and approved by the Director of
Development Services.
4) That the lots be consolidated by tentative parcel
map or by merger in accordance with State Law.
5) Replace cracked sidewalk, curb and alley approach
to the satisfaction of the City Engineer.
6 )
Provide up to two
the parkway to
Engineer.
street trees to be
the satisfaction of
located in
the City
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Resolution #1400
Page 2
7) That a covenant be recorded on the title of the
property which stipulates that 24 parking spaces
are required for this development; and
WHEREAS, On February 27, 1985. the California Coastal Commission
granted a Coastal Development permit to Tom Schuveiller
for the construction of a 5,320 sq.ft. commercial
building with five on-site parking spaces on a vacant
parcel of land located at 320 Main Street with two
specific conditions pertaining to parking:
A. IQ1~1_~~~~iQg_R~gYi~~m~nl~. Prior to transmittal
of the coastal development permit for the project.
the applicant shall submit evidence documenting
the provision and exclusive use of 24 parking
spaces, either on-site or within 400 ft. of the
subject site on a firm. long-term basis. minimum
term equal to the expected economic life of the
project. Appropriate directional signing to such
off-site spaces shall be properly posted as to the
exclusive use of the proposed project during its
normal operating hours. If, at any time. the
applicant cannot provide the above required
parking or wjshes to provide alternate parking
arrangements, the applicant or any assigned
successors in interest shall re-apply to the
Coastal Commission or its successor in interest
for its review and approval to receive an
amendment or new coastal development permit. This
restriction shall be recorded in a form and
content acceptable to the Executive Director, free
of any prior liens or encumbrances, other than tax
liens.
B. Qff=~il~__~~r~ing__ar~~Qg~m~Ql~. Prior to the
transmittal of the permit. the applicant shall
record, free of prior liens or encumbrances, other
than tax liens, the following restriction against
the permittee's alternate parking lot site located
at 336-10th Street. Seal Beach. CA.
Nineteen parking spaces shall be exclusively
maintained as required parking for such business
operating at 320 Main Street, Seal Beach. CA
during normal weekday operating hours and between
1:00 p.m. and 5:00 p.m. on Sundays.
Evidence of recordation of this restriction, in a
form and content acceptable to the Executive
Director. shall be submitted to and acknowledged
in writing by the Executive Director prior to
transmittal of the permit; and
WHEREAS. the above conditions were met. and the coastal permit
granted and building permits issued: and
WHEREAS, the applicant requests an amendment to the approval of
Variance 11-84 in order to incorporate the requirements
of the California Coastal Commission to allow an
additional 955 square feet of restaurant space: and
WHEREAS. the applicant specifically requests the modification of
conditions #1 and #7 of Resolution #1346 as follows:
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Resolution #1400
Page 3
"Condition #1: We wish to amend Condition #1 for the
number of parking spaces required in the in-lieu
parking program changed to seven (7) spaces.
Condition #7:
( 31 ) parking
spaces."; and
Amend
spaces
Condition #7
instead of
to read thirty-one
twenty-four (24)
WHEREAS, the required parking for 320 Main Street is as follows:
qtigi~~!_etQ~Q~~!
E~t~illg_R~gYit~Q
1~1_f!QQt
2.000 sq.ft. retail space
1.000 sq.ft. restaurant space
6.67
10.00
~llQ_f!QQ!:
g~~gQ sq.ft. retail space
1~1~
5.320 Total
24.40
Total Parking Required
24 spaces
Parking Provided
.Q._~~~f.~~
TOTAL DEVIATIO~:
19 spaces
am~llQ~Q_EtQ~Q~~l *
l~l_flQQ!:
1.020 sq.ft. retail space
3.40
1.955 sq.ft. restaurant space
19.55
~nQ_flQQt
g~~gQ sq. ft. retail space
1~1~
5.295 Total sq.Ft.
30.68
Total Parking Required
31 spaces
Parking Provided
2._~I?~f.~~
TOTAL DEVIATIOX:
26 spaces
*Actual square footage per construction
Total deviation (prior/amendment) difference: 7 spaces; and
WHEREAS. the proposed Cajun-Creole restaurant use that
accompanies this variance request is in accord with the
Downtown Revitalization Task Force recommendation of
Keyser Marston & Associates. Inc.. Real Estate
Economics Consultants. which states that "a series of
small ethnic restaurants would appear to have a good
chance of success and would attract more people to the
whole Downtown Area:" and
WHEREAS.
on December 4. 1985. the Planning
duly noticed public hearing on
amendment to Variance 11-85: and
Commission held a
the request for an
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Resolution #1400
Page 4
WHEREAS. the Planning Commission makes the following findings
regarding the variance:
1. The Downtown Task force has recommended and the
City Council has directed staff to implement the
recommendation to allow greater flexibility in
present parking requirements. including allowance
for on-site/off-site provisions and in-lieu fee
programs.
2. The proposal conflicts with the intent of Chapter
28-2209 (2)(c) of the Municipal Code to provide
off-street parking within walking distance.
3. No special circumstances are applicable to the
subject property that deprive such property of the
privileges enjoyed by other property in the same
vicinity and zone. Specifically, no special
circumstances exist to prohibit the subject
property from participation in an in-lieu parking
program.
4. The amendment to Variance 11-84. as proposed,
would grant special privileges inconsistent with
the limitations upon other properties in the same
vicinity and zone.
5.
The legal grounds for approval
amendment under Section 28-2502
this application.
of the proposed
do not exist for
~OW. THEREFORE BE IT RESOLVED that the Planning Commission does
hereby deny the proposed amendment to Variance 11-84, and instead
does hereby approve the following:
1. To amend resolution #1346. Condition #7 to read as
follows:
That a covenant be recorded on the title of the
property which stipulates that 31 parking spaces
are required for this development.
2. To amend Resolution #1346. Condition #1 to read as
follows:
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 provision of 26 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.
PASSED. APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the ____ZQ____day
of ___Au.~1___________. 1986.
AYES;
Commissioners ~o~~n~Da~~I~UL~Ug~~__________
~OES:
Commissioners ____________________________________
ABSEXT:
Commissioners ~~~!~_______________________________
~~
Secretary to PI