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Home My WebLink AboutPC Res 94-29 - 1994-08-03 ,) RESOLUTION NUMBER 94-29 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 94-5, PERMITTING THE ESTABLISHMENT OF A DRIVE-IN RESTAURANT WITH LESS THAN THE REQUIRED ON-SITE PARKING AT 770 PACIFIC COAST HIGHWAY, SEAL BEACH (BURGER KING) THE PLANNING COMMISSION OF THE C'ITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On June 13, 1994, LeJOY L Stone ("the Applicant") filed an application for CUP 94-4 and Vallance 94-5 With the Department of Development Servlce~ Through CUP 94-4 and Vanance 94-5, the applicant seek~ apPlOval to establl..h a dllve-tllIu restaurant WIth less than the requlled on-~Ite Pdlkmg at 770 Pacific Coast Highway, Seal Beach (Burger Kmg) The applicant IS pJOpo~mg to pellTIanently dedicate a portIOn 01 the mtellor of the bulldmg as an mtenor play alea fOl c1uldlen The applicant's request IS thdt tlus pOItlOn of the bulldmg not be considered as part of the gross floor aJea of the bUlldmg fOl the purpose~ of determmmg the reqUired on site pal kmg Section 2 PUlsuant to 14 Calif Code of Regs ~ 1502'i(a) and ~ II B of the CIty's Local CEQA Gllldellnes, staff has detellTImcd as follows The applicatIOn 101 Condltlondl Use Penmt 94-4 IS categoncally exempt fiom ICVICW pursuant to the CallfOIm,l Envlronmentdl Quality Act pursuanl to 14 Calif Code of Reg.. ~ 15303 (New Constluctlon OI Convel..lon of Small StructUles), because It mvolves the convelSIOIl of an eXI~tmg ~mdll ~tluctllle lrom one u..e to another and only mmor modifications Will be made to the extcnOl of the ..tlUCtlll e, and, pursuant to ~ 1506 I (b)(3), becau~e It can bc seen Wit II celtamty that thele I~ no pos~lblllty that the approval may have a slgmficant etlect on the envlI onment Section 3 A duly noticed public heanng was held belole the Planmng CommISSion on July 20, 1994 to con~ldel the application for Vanance 94-5 At the puhllc healing the applicant and one person spoke 10 favor of the lequest WIth four (4) people ..peal..mg m oppOSItion Section 4 The recOld of the healing on July 20, 1994 mdlcate~ the followmg (a) On June 13, 1994, LeIDY L Stone filed an application fOl CUP 94-4 and Vanance 94-5 With the Department of Development Services (b) The applicant IS requestmg to e~tabll~h a dllve-tluu restdlll ant With less than the lequlled on-site palkmg at 770 Pacific Coast Highway, Seal Beach (Burgel Kmg) The applicant IS proposmg to pellTIanently dedicate a pOlllon of the mtcllOI of the blllldmg as an mtenOl play alea for children The ,lppllcant's lequest IS that tlus portion oCthe blllldmg not be consIdered as part 01 the gloss 11001 died of the blllldmg fmlhe pUlpose, ofdetellllmmg the required on site pal kmg (c) The ~ubJect property IS located on the southwe~t WI nel of PaCific Coast HIghway and EIghth Street (d) The subJeLt pIDperty IS llIegularly ~IMped With an alea of 16, 977 square feet The subject property has apploxlmately 150 feet oflrontage on Eighth Stleet and 113 feet of frontage on PaCific Coast Highway (e) The ~ublect plOpelty IS legdlly de,cllbed as 1=1 1C1Ii'If'.., IJ( c..~ .. PlmmmK ('()nmll~\l(}n Re\O/ullOlI No 9./-29 4I1KII'( 3, 199./ Lots 25,27, 29, 31, 33 and 35, Block 207, Stanton and Lothlan'~ TI act, I st AdditIon, In the City of Seal Beach, County of Orange, State of CalIforma as shown on Map I ecol ded III Book M M 3, Pg 29 In the Office of the County Recorder of Said County, except that pOltlon of Lot 3'; deeded to the State of CalI forma per Deed 0 436-203 recorded Septembel 19, 1922 (f) The surrounding land uses and zoning deSignations ale a\ follow~ NORTH Across Pacific Coast Highway are smgle family resldentmluses located m the Residential Low DenSity zone (RLO) SOUTH A mixture of multi-family and smgle-famlly lesldentlalu~es located 10 the Residential High DenSity zone (RHO) EAST & WEST A mixture ofletall commercial uses located along Pacific Coast Highway IS the Gencral Commercml zone (C-2) (g) The subJect bUlldmg was con~tlllctcd In 1970 and fOl merly housed a bank (Security Pacific) untIl ItS closure III eally 1993 (h) In respon~e to It~ mailed notice for thiS I eque,t, the City ha~ received a letter from James Cook, a nelghbOl at 330 Eighth Stleet, Seal Beach MI Cook suggests several conditions wlllch the Commission may Wish to unpo,e which ale mtended 10 prevent negative Impacts on SUI J oundmg land uses (I) City has received three written comments respondmg to the notIces of the healing on Vallance 94-5 Section 5 Based upon the facts contamed m the recOl d, mcludmg tho~e stated m 9 4 of this re~olutIon, and pursuant to &~ 24-1400, 28-2500 thIOugh 28-2502 of the Clly's Code, the Planmng CommIsSion hereby find~ as follows (a) Variance 94-5 IS consistent With the provl~lon~ of the Land Use Element of the City's General Plan, which pIOvldes a "general commel clal" deMgnatlon fOI the subJect property and permits I estaurants and dllve-m restalu ants subJect to the I~,uance of a conditIonal use permit The use I~ also consistent With the Jemammg elemcnt~ ofthc CIty's General Plan as the poliCies of those elements ale conMstent wllh, and leflected m, the Land Use Element AccOldmgly, the pIOposed use IS consistent WIth the Gcncrdll'lan (b) Thel e are ~pecral property I elated cu cum,tan~c~ wlll~h, till ough Ihe strict applicatIOn of this Chapter, depllve the subJect pIOperty ofpllvllege~ enJoyed by othel property m the same vlcmlty and zone Spcclfically, the applicant IS ploposmg to pelmanently dedicate a portion of the restaurant's mtellor area as a children's play alea A~ children Will not drive to the restaurant but rather Will be passengel s m cal s vlsltmg the J e~talll ant for dmmg purposes, there IS no clear cOrlelatlon between the ~econdalY use of the bluldmg a~ a play alea and a reqUirement for parkmg Further, If the pIOposed play aJea WCIC locatcd outSide ofthc bUlldmg no parking lequlrement would be placed on the use The Icquuement to place the play area outSide m 01 dcr 10 mcet pal kmg standal d\, thel eby requIrIng the dcmohtlon of appl oXlmatcly 1,450 square feet of the e>..lstmg bUIlding, would cause a hald~hlp on the pIOpeIty ownel and would proVide no benefit~ to the pubhc as undel elthel scenallo thele would be applOxunately 1,600 square feet of re~taurant and 1,450 squal e feet of play al ea Additionally, the play area IS an acces~ory, but sepal ate, use of the subject plOpeIty whIch ha~ no parkmg reqUirement under the Code of the City of Seal Beach (c) The glantlng of this vallance would not be the grantmg ofa speCial priVilege inconsistent With other lumtatlons on othel plopertle~ mlhe ~ame vlcmlly and zone SpeCifically, the Code ofthc City of Seal Beach requIres one palkmg ~pa~e for each 75 ~quarc feet of gross floor area for a drlve-m I e~talll ant and no pal kmg I equu ement fOI <1 play <1, ea While Page 2 f: \ \CUpu19ll ~ fK (' I- , ~ \ 1'/nulIIlIK ('OIlJlJU\\1011 Re\olullOlI No 9-1-29 '11f~1I'1 " /99-1 the proposed play area IS wlthm the bUlldmg shell of the restaurant, It IS an accessOlY, but separate, use to the dllve-m I est alii ant Therefore, the I estaUI ant plovldes the lequned on-\Ite parkmg for the restaurant use of the propelty (24 5pace~), and the play .Ilea plOvldes the lequned on-site parkmg (zero spaces) for the play alea u~e of the plOpClty Additionally, other I estaUI ant u~es can mstall a play dIed on then plOpelty With no additional parkmg requirements provided the play alea I~ 10C,ltcd outside of the bulidll1g shell SectIon 6 Based upon the fOlegomg, the Planmng COmml\510n heleby approves Variance 94-5, subJect to the followmg condltIon~ Variance 94-5 IS apPlOved fOl the e~tabh\hment ofa drlve-lIlle~tdurant With less than the requlIed on-~Ite palkmg at 770 Pacific Coa~t Highway, Seal Beach 2 A mimmum of24 stdndard pall-.mg spdce~ ~hall be mdllltamed on the plOpcrty 3 A mmlmum area of 1,450 squale feet of the mtellOl of the re5tatnant ~Ildll bc pClnl<mently mamtamed as a chlldlcn's play area and playglound management oflicc Said management office may not be used 10 any way m conJunction WIth the opelatlon of the le\tdlnant, thiS mcludes the stOl age of I estalll ant I elated ~upphe~ 4 No outdoor seatmg 5llRll be perlmtted on the plOperty 5 The applicant lemam5 bound by all conditions of applOval of ConclItlondl U\C I'elllllt 94-4 6 All construction shall be m sub\tantl,ll complIance wllh the pldn\ dPPloved tluollgh Variance 94-5 7 ThiS Variance shall not become effective for any pUIpose unles~ an "Accept,lIlce of Condlltons" form has been Mgned by the applicant m the ple~ence of the Dllectol of Development Servlce5, 01 notallzed dnd rctlll ned to thc Planmng Dcpdrtment, and until the ten (10) day appeal period ha5 elapscd PASSED, APPROVED AND ADOI'TED by the PI<I/lmng Comnm~lon of the City of Seal Bedch at a meetmg thel eof held on the 31d day of Augu5t, 1994 by the followlIlg vote AYES Commlsslonels BlOwn. Campbell. Law NOES CommIsSioners ABSENT Comml5slonels Shalp ABSTAIN Commlssloncl s Dahlman ~/VL Anton Dahlman, Channldn Pl,l1lnmg Comml>\lon Page 3 1=1 ICUP,P... OC(...