HomeMy WebLinkAboutPC Res 93-24 - 1993-04-21
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RESOLUTION NUMBER 93-24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH DENYING
CONDITIONAL USE PERMIT #92-23, TO PERMIT
AN ALCOHOL-RELATED LAND USE TO SELL BEER
AND WINE FOR ON-PREMISES CONSUMPTION AND
TO PERFORM A SEISMIC RETROFIT TO THE PROPERTY
GENERALLY KNOWN AS 209 MAIN STREET, SEAL BEACH
(BJ'S CHICAGO PIZZERIA)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
ORDER AND RESOLVE AS FOLLOWS:
Section 1. On November 18, 1992, BJ's Seal Beach, L.P. filed applications
for Conditional Use Permit (CUP) #92-23 and Variance #92-3 with the Department of
Development Services. Specifically, the applicants are requesting the following:
1. CUP #92-23 - A permit to operate an alcohol-related land use which will
sell beer and wine for on-premises consumption and to perform a seIsmiC
retrofit of the property generally known as 209 Main Street (BJ's Chicago
Pizzeria) .
2. Variance #92-3 - To vary from the commercial parking requirements In
conjunction WIth the establishment of a restaurant. The project, as
proposed, will provide on-site only two (2) of the twenty-four (24)
required parking spaces.
Section 2. A duly noticed Public Heanng was held before the Planning
Commission on March 17, 1993, and continued to Apnl 7, 1993 to consider the application for
CUP #92-23. Written evidence was submitted for and against the project. At the Public
Hearing, the applicant and eleven persons spoke in favor of the request and eighteen persons
spoke in opposition.
Section 3.
indicates the following:
The record of the Hearing on March 17 and April 7, 1993,
1. 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.
2. 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 said County (Orange
County, California).
3. At present, the subject property provides only two (2) of the twenty-four
(24) required on-site parking spaces and is therefore nonconforming due
to inadequate on-site parking.
4. The surrounding land uses and zoning are:
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).
S. A parking study performed in conjunction with this application
demonstrates that public parking facilities in the area are often fully
.
I'
"
.
Page 2 of 2
Planning Commission Resolution No. 93-24
Conditional Use Permit #92-23
occupied, and this is especially true of the 100 block of Main Street and
the 200 block which includes the subject property.
6. The building and property at 209 Main Street is not adequate in size,
shape, topography, and location to provide the on-site parking reqUired for
a restaurant use and no of-site facilities within three hundred feet of the
site can meet those needs.
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 ~~28-2503 and 28-2504 of the City's Code, the Planning
Commission hereby finds as follows:
1. The granting of CUP #92-23 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 vicimty of the subject site and other uses can be
made of the site which require less parking than does the proposed use.
2. The proposed use wlll be incompatible with surrounding uses and the
community in general because the proposed use does not meet on-Site
parking requirements, 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 Planmng Commission hereby denies
Conditional Use Permit #92-23.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof, held on the 21st day of April 1993 by the follOWing vote:
AYES:
Commissioners Dahlman. Fife. Soukup
NOES:
Commissioners Law. Shall)
ABSENT:
ABSTAIN:
-
h, Whittenberg, Secretary
lanning Commission