HomeMy WebLinkAboutPC Res 93-25 - 1993-04-21
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RESOLUTION NUMBER 93- 25
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH DENYING VARIANCE NO 92-3, A
VARIANCE FROM COMMERCIAL PARKING
REQUIREMENTS IN CONJUNCTION WITH THE
ESTABLISHMENT OF A RESTAURANT AT 209 MAIN
STREET (BI'S CHICAGO PIZZERIA)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
ORDER AND RESOL VB AS FOLLOWS
Section 1 On November 18, 1992, BI's Seal Beach, L P. filed applications for
Conditional Use Permit 92-23 and Variance 92-3 with the Department of Development Services
City staff informed the applicant that the application was incomplete and the application was
subsequently completed Specifically, the applicant is requesting the following'
1 CUP 92-23 - A permit to operate an alcohol-related land use involving the sale of
beer and wine for on-premises consumption and to perform a seismic retrofit of the
property generally known as 209 Main Street (BI's Chicago Pizzeria)
2. VARIANCE 92-3 - To vary from the commercial parking requirements in
conjunction with the establishment ofa restaurant The project, as proposed, will
provide on-site only two (2) of the twenty-four (24) parking spaces required by the
zoning ordinance
Section 2 A duly noticed pubhc hearing was held before the Planning
Commission on March 17, 1993 and continued to April 7, 1993 to consider the application for
Variance No. 92-3 Written evidence was submitted both for and against the project. At the
pubhc hearing the applicant and 11 persons spoke in favor of the request, with 18 persons
appearing in opposition
Section 3 The record of the heanng on March 17, and April 7, 1993 indicates the
following:
(a) The subject property is located on the westerly side of Main Street
approximately 130 feet north of the center of the intersection of Main Street and Central Avenue
(b) The subject property is legally described as Lot 9 of Block 108 of Bay City
Tract, as per Map recorded in Book 3 Page 19 of Miscellaneous Maps, in the Office of the
County Recorder of Orange County
(c) At present, the subject property provides only two (2) of the 24 required
on-site parking spaces and is therefore is nonconforming due to inadequate on-site parking
(d)
The surrounding land uses and zoning are as follows.
NORTH, EAST
& SOUTH
A mixture of commercial uses in the Service
Commercial zone (C-l)
WEST
A mixture of single-family and multi-family residential dwellings in the
Residential High Density zone (RHD).
(e) A parking study performed in conjunction with this application
demonstrates that public parking facilities in the area are often fully occupied, and this is
especially true of the 100 block of Main Street and the 200 block which includes the subject
property
C\AMIPRO\DOCS\VAR\R92-3
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Planmng Col1Ull1SS1on Resolution No 93-25
Vanance 92-3
Section 4 Based upon the facts contained in the record, including those stated in
~ 3 of this resolution, and in the environmental documentation prepared in conjunction with this
project, and pursuant to ~ 28-2502 of the City's Code. the Planning Commission hereby finds as
follows
1 The granting of Variance 92-3 will adversely affect the General Plan
because the use does not comply with the policy of the General Plan to require new uses to
provide adequate parking for commercial uses on-site or within the immediate vicinity of the
subject site and other uses can be made of the site which require less parking than does the
proposed use
2 The granting of the requested variance will constitute a grant of special
privileges inconsistent with other limitations upon other properties in the same vicinity and zone
because the proposed use does not meet the on-site parking requirements generally applicable in
the zone, the use will have unacceptable impacts on parking facilities in the vicinity, and other
uses can be made of the site which require less parking than does the proposed use
Section 5 Based upon the foregoing, the Planning Commission hereby denies
Variance 92-3.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 21 st day of April 1993 by the following vote
AYES:
Commissioners Dahlman. Fife. Soukup
NOES.
Commissioners Law. Shlllll
ABSENT:
Commissioners
e Whittenberg, Secretary
Planning Commission
C\AMlPRO\DOCS\VAR.\R.92-]
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