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Home My WebLink AboutPC Res 94-40 - 1994-09-21 -,,- . RESOLUTION NUMBER 94-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING WITHOUT PREJUDICE VARIANCE 94-6, A REQUEST TO VARY FROM THE COMMERCIAL PARKING REQUIREMENTS TO ESTABLISH A HAIR SALON WITHIN AN EXISTING RET ATL SPACE LOCATED AT 225 MAIN STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On August 3, 1994, Robert Claborn and Melanie Hales filed an apphcatlon for Vanance 94-6 with the Department of Development Services Through Vanance 94-6, the apphcants seek approval to vary from the parking reqUIrements of the Service Commercial zone (C-I) for the estabhshment ofa hair salon In an eXlstmg 585 square foot retaIl bUIlding located off of Main Street at the rear of the Courtyard Nursery complex at 225 Main Street, Seal Beach The proposed use wIll lack two (2) of the reqUIred four (4) parking spaces Section 2 Pursuant to 14 Cahf Code of Regs g 15025(a) and ~ II B of the City's Local CEQA GUldehnes, staff has determined as follows The apphcatlOn for CondItIOnal Use Perll1lt 94-4 IS categoncally exempt from review pursuant to the Cahfornla Environmental Qualtty Act pursuant to 14 Cahf Code of Regs ~ 15303 (New Construction or Conversion of Small Structures), because It Involves the converSion of an eXIsting small structure from one use to another and only mmor modIficatIOns wIll be made to the extenor of the structure, and, pursuant to ~ 1506 I (b)(3), because It can be seen With certainty that thele IS no POSSlblhty that the approval may have a SIgnIficant effect on the envIronment Section 3 A duly notIced publIC heanng was held before the PlannIng CommIssIon on September 7, 1994 to consider the apphcatlOn for Vanance 94-6 At the pubhc hearmg the apphcants, theIr agent and two (2) persons spoke In favor of the request WIth two (2) persons speakmg In opposItion Section 4 The record of the hearing on September 7, 1994 indicates the follOWIng (a) On August 3, 1994, Robert Claborn and MelanIe Hales filed an apphcatlOn for Vanance 94-6 With the Department of Development Services (b) Specifically, the apphcants are requesting to vary from the parking reqUIrements of the ServIce Commercial zone (C-I) for the estabhshment of a haIr salon In an eXisting 585 square foot retaIl bUIlding located off of Main Street at the rear of the Courtyard Nursery complex at 225 Main Street, Seal Beach The proposed use WIll lack two (2) of the required four (4) parkmg spaces (d) The subJect property IS descnbed as Lot 23 In Block 108 of the Bay CIty Tracy, m the City of Seal Beach, County of Orange, State ofCahfornIa, as shown on a map recorded In Book J, Page 19, of MIscellaneous Maps, In the Office of the County Recorder of Said County (e) The subJect property contains approximately 10,280 square feet (875' X 1175') and IS located on the westerly Side of Main Street approximately 156 feet from the center of the intersection of Main Street and Electnc Avenue (:\ \VARIP... SCX::b.. , -- 1'lmmm~ ('oJ1lJ1lI.\^,on Relo/II/lOn No 9-1--10 Seplember 21, 1994 (f) The subJect property has approximately 87 5 feet of frontage on Main Street (g) Main Street IS a pnmary street developed to ItS ultImate planned Width of 80 feet (h) In 1984 the Planmng Commission granted the subJect property a parking Variance (V AR 9-84) to intensIfY the use of an eXisting retail furmture estabhshment to a restaurant Through V AR 9-84 the CommIssion granted the property a vanance In the amount of five (5) parking spaces (I) The subJect property provides a total of SIX (6) parking spaces on-sIte while the eXisting uses of the site require the provIsion of twenty-two (22) parkIng spaces ThiS request would Increase the parking reqUirement to twenty-four (24) spaces (I) The surrounding land uses and zomng are as follows NORTIf, SOUTH & EAST A mixture of commercial uses located along Main Street In the ServIce Commercial zone (C-I) WEST A mixture slngle- and multI-family family reSidentIal uses located In the ResidentIal HIgh Density zone (RHO) (J) The City has received a total 007 wntten responses responding to the notices of the heanng on Vanance 94-6 Two (2) are letters from the apphcants, two (2) are from MaIn Street merchants opposed to the proposed use due to a pel celved over-concentratIon of such uses, With the remainder In support of the proposed use Section 5 Based upon the facts contained In the record, including those stated In ~ 4 of this resolution, and pursuant to ~~ 28-1300, 28-1304, 28-2500 through 28-2502 of the City'S Code, the Planning CommIssIon hereby finds as follows (a) There are no special property related cIrcumstances WhiCh, through the stnct apphcatIon of thiS Chapter, depnve the subJect property of pnvlleges enJoyed by other property in the same VIClntty and zone Specifically, the subJect ploperty IS relatively flat and rectangular In shape consistent With all other commercial propertIes on Main Stleet The ,ubJect property IS zoned and developed consIstently With all other commercial properties on Main Stleet and therefore enJoys the same nghts and pnvIleges of all other Similarly situated propertIes (b) Based on the findings In (a) above, the granting of thiS vananee would be the granting of a special pnvllege inconsistent With other hmltal10ns on other properties In the same vlclmty and zone Specifically, the subJect property already ellJoys all nghts and pnvtleges of other Similarly situated properties In the same VICInity and zone (c) The fact the property IS over-built by today's zomng standards and therefore cannot support further intenSificatIOn of uses on the property does not constitute a special property related hardship SectIon 6 Based upon the foregoing, the Planmng Commission hereby demes Vanance 94-6 Without preJudice Page 2 i=\ IVARIn... BCCL.. . . . PlanmnK COIIIIIII.'OlOn ResolullOn No 9-1--10 Seplember 21, 199-1 PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meeting thereof held on the 21st day of September, 1994 by the following vote AYES Commissioners Brown. Campbell. Dahlman NOES COIrumsslOners Law. Share ABSENT Commissioners --- /-) t;(L/dL Anton Dahlman, Chairman Planning CommIssion ~ Whittenberg, Secretary Planning Commission Page 3 1=\ \VAR\Poo4 1lCCL..