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HomeMy WebLinkAboutPC Res 95-02 - 1995-02-08 ~ . RESOLUTION NUMBER 95-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING WITH CONDITIONS VARIANCE NO 94-7 TO VARY FROM THE COMMERCIAL PARKING, LOADING ZONE AND LANDSCAPING REQUIREMENTS IN CONJUNCTION WITH A REQUEST TO ESTABLISH A RESTAURANT AT 322 MAIN STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 On November 30, 1994, Ronald L Bennett (hereinafter known as "Appbcant") filed an applIcation for Variance 94-7 With the Department of Development Services The appbcant requested to vary from the commefCIal parkmg reqUirements, loadmg zone reqUIrements and landscapmg reqUirements of the Service Commercial (C-I) zone for the establishment of a gourmet coffee shop selling only pre-packaged food In an eXlstmg 900 square foot retaIl bUlldmg (previously Nlp-n-Stuff Liquor) at 322 Mam Street, Seal Beach Section 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II B of the CIty's Local CEQA GUidelines, staff has determmed as follows The application for Variance 94-7 IS categOrically exempt fi om I eVlew pUI suant to the CalIf 01 nla EnVIronmental QualIty Act pursuant to 14 Calif Code of Regs ~ 15303 (New Construction or ConversIOn of Small Structures), because It mvolves the convel Slon of an eXlstmg small structure from one use to another and only mmor modifications Will be made to the exterior of the structure, and, pursuant to ~ 15061(b)(3), because It can be seen WIth certamty that there IS no pOSSibility that the approval may have a SIgnificant effect on the environment SectIon 3 A duly noticed public hearing was held before the Planning CommISSIon on January 18, 1995 to conSider the applIcation At the public heal mg, the applIcant and four (4) people spoke m favOI of the request and one (I) person spoke m opposItion Section 4 The recOld of the healing mdlcates the followmg (a) On November 30, 1994, Ronald L Bennett filed an appltcatIon for Vanance 94-7 WIth the Department of Development ServIces (b) Specifically, the applIcant is requestmg to vary from the parkmg, loadmg, and landscapmg reqUIrements of the ServIce Commel clal (C-l) zone for the establishment of a gourmet coffee shop sellIng only pre-packaged food m an eXlstmg 900 square foot retail bUlldmg (preViously Nlp-n-StuffLlquor) at 322 Mam Street, Seal Beach (c) The subJect structure IS currently utilIzed for Nlp-n-StuffLlquor, and the subject property prOVides seven (7) of the twenty-seven (27) reqUIred on-site parkmg spaces for the requested I estaurant and other eXlstmg retail dnd office uses (d) Due to the location of the structure on the subject property, no additIOnal parkmg spaces or a loadmg al ea can be proVided on the pi operty (e) courtyard area The sIte cun ently prOVides a portion of the reqUIred landscapmg m the (f) The applicant ha~ recently completed an extensive remodel/extenor rehab of the structures on the subJect property (g) The subject propelty IS descnbed as Lots 22,24, 26 m Block 209 of Bay View Tract, m the City of Seal Beach, County of Orange, State ofCalIfornlR, as shown on a map recorded m Book 8, Page 91, of Miscellaneous Maps, m the Office of the County Recorder of Said County I:\WAB6.NCPfloo.IlUI. . Plannmg COlll/ll/'MOn ResolutIOn No 95-2 February 8, 1995 (h) The subJect property contaInS approximately 8,8125 square feet (75' x 1175') and IS located on the easterly side of MaIn Street approximately 375 feet from the center of the IntersectIOn of MaIn Stleet and PaCific Coast HIghway (I) The subJect plOperty has approximately 75 feet offrontage on MaIn Street (J) MaIn Street IS a primary street developed to Its ultimate planned WIdth of 80 feet (k) subJect property The Planmng Commission has granted the follOWing approvals for the Plan Review 18-76 - exterior remodel CondItIOnal Use Permit 4-88 - massage thelapy Conditional Use Permit 92-22 - alcohol-related land use (Nlp-n-StuffLlquor) (relInqUIshed by property owner In WritIng on December 15, 1994) (I) The surroundIng land uses and zOnIng are as follows NORTH, SOUTH & WEST A mixture of commercial uses located along MaIn Street In the Service Commercial zone (C-I) EAST A mixture sIngle- and multi-family family reSidential uses located In the ReSidentIal High DenSity zone (RHO) (m) The City receIved ten (10) wntten comments In response to ItS mailed notice regardIng the requested vanance All comments recommend approval of thiS request (n) In connectIOn With prevIous Similar applications on MaIn Street over the past 18 months, the City has performed certaIn parkIng studies to, Inter alia analyze present supply and future needs, deternIlne the IInpacts an SIng from the proposed use, conSIder whether current Code parking reqUIrements should be modified, and to prOVide additional parkmg and other mitigation measures to alleViate the Impacts arising from the proposed use, as well as others To mItigate any Impacts an SIng fi om the proposed use and other proposed uses, a reserve fund has been establtshed In the 1994-1995 Fiscal Year budget for the acquIsItion and Implementation of a publtc transit trolley In addition, the CIty Council has authonzed the use of City-owned parkIng faCIlIties to satisfY parkIng reqUIrements and the preparation of a new Main Street SpeCific Plan (currently under development) to e~tablIsh more fleXIble and appropnate parking standards Council has directed staff to conSider whether the city-wide commercial parkIng standards should be modIfied so that uses on Mam Street, limited by phYSical constraInts, may satisfY parkIng needs by in-lIeu fees, parkIng mitigation fees, or off-Site faCIlities, rather than proVIdIng parkIng onslte Section 5 Based upon the eVIdence In the record, IncludIng the facts stated In ~ 4 of thIs resolution and pursuant to ~~ 28-2500 - 28-2502 of the CIty'S Code and CalIfOlnIa Government Code SectIOn 65906 5, the PlannIng CommIssion hereby finds as follows (a) The record reveals that the utilization of the structure on the subJect property for commefCIal retaIl, office and restaurant uses, subJect to In-lieu parkIng fees and other conditions Imposed by the City, will not have any appreciable Impact on traffic to and from the use The eXistIng roadways which serve the site are adequate to serve the proposed use and accordIngly the applIcation IS consIstent With the goals, standal ds, and poltcles of the CIrculatIOn Element and Growth Management Element Vanance No 94-7 IS consistent With the proVISIons of the Land Use Element of the City's Genelal Plan, which proVides a "service commerCIal" deslgnal10n for the subJect property and permits commercial retail, office and restaurant uses With conditIOns In place, Vaflance 94-7 Will not adversely affect the General Plan because Page 2 j:\\v~~ 8CC1_ ; I'lonmn~ ('011I11I111/011 ResolutIOn No 95-2 Febl uary 8, 1995 requmng the Appltcant to mitigate parking Impacts IS consistent with the poltcy of the General Plan to require new uses to prOVide adequate parkIng for commercial uses withIn the Immediate VICInity of the subJect sIte The parkIng demand caused by the plOposed use can be accommodated by the exIsting City parkIng faCIlities Approval of the proJect for commercial retail, office and restaurant uses allows ItS owner a reasonable economic use of the property of a type proposed In the Land Use Element The use IS also consistent With the remaInIng elements of the City's General Plan as the poliCies of those elements are consistent With, and reflected In, the Land Use Element AccordIngly, allOWing a variance to permit the establishment of commercIal retail and office uses IS consistent WIth the General Plan (b) With conditIOns In place, the buildIng and property at 322 MaIn Street are adequate In Size, shape, topography and location to meet the needs created by commercIal retail, office and restaurant uses The subJect pi operty has been used for vanous commercial uses for approximately 35 years The use of the eXIstIng structure as a gourmet coffee store servIng pre-prepared bakery Items With a seating area of approximately 200 square feet, IS compatible With the MaIn Street commercial alea The bUildIng, constructed In approxImately 1960, IS adequate for commercial retail, office and restaurant uses WhIle no future use can prOVide parkIng on-sIte or upon any site WithIn 300 feet In strict compliance With the Code, the prior use mix on the property (as of July 1994), which enJoyed legal nonconformIng status, Itkewlse dId not prOVide adequate on-site parkIng The Code reqUires 27 spaces for commercial retail, office and restaurant uses The parkIng demand caused by commercial retail, office and restaurant uses can be accommodated by eXistIng City parkIng faCIlities (c) The subJect property has Inadequate area for landscapIng and a loading zone There are speCial circumstances which, through the strict applIcatIOn of thiS Chapter, deprive the subJect property of priVileges enJoyed by other property In the same VICInity and zone SpeCifically, due to the location of the eXisting structures on the subJect property there IS not adequate room on the property for the required landscaping or loading space (d) The granting of thIs variance would not be the grantIng ofa speCIal priVIlege Inconsistent With other lImitations on other properties In the same VICInity and zone (e) The proposed use of the subJect property as a gourmet coffee store IS conSidered a restaurant due to the on-site seatIng for dInIng However, the proposed use IS essentially a retail establishment Similar to CInnamon Productions, Sweet Jill's and the former Grandma's Recently, the Planning CommIssion prohibited Sweet Jill's from Installing seatIng at 123 V. MaIn Street unless the applicant In that case applied for and received a variance (f) The applIcant will be required to enter Into an approved Development Agreement and partiCipate In the City's In-lieu parkIng program as It currently eXists or may be amended In the future, IncludIng amendments which may occur as a result of the proposed MaIn Street Specific Plan (g) As conditioned hereby, approval of a gourmet coffee store/restaurant at the sIte will be compatible With surrounding uses and the community In general and will not be detrimental to the neighborhood The uses of the premIses for coffee store/restaurant purposes Will not have an adverse Impact on surroundIng uses for the reasons stated In paragraphs (a), (b), and (c) of this Section (h) Pursuant to Government Code Section 65906 5, the City may grant a variance from parking reqUirements prOVided certain condItIons are met Although thiS sectIOn applIes to general law Cities, the City Council has preViously found that the legIslative policy reflected In thiS statute IS appropnate to the cIrcumstances of the charter city of Seal Beach SectIOn 65906 5 proVides, In I elevant part "[A] vanance may be granted from the parkIng reqUirements ofa zOning ordInance in Older that some or all of the reqUired parkIng spaces be located off-Site, , or that In-lIeu fees or facilIties be proVIded Instead of the required parkIng spaces, Ifboth the follOWing conditions are met Page 3 j:.\\V~ac:Cl_ . . Planum/{ ('OIl/III/'SlOn ResolutIOn No 95-2 February Ii, 1995 (a) The vanance will be an Incentive to, and a benefit for, the nonreSIdential development (b) The variance will facIlItate access to the nonresidential development by patrons of pubhc transit faclhtles, " The reqUirements set forth In SectIOn 65906 5 are satisfied here AlloWIng the Apphcant to satisfY ItS parking reqUirements through In lIeu payments proVIdes both an Incentive and benefit for the proposed nonreSidential development Further, the conditions Imposed hereIn on the variance, WIll facIlitate access to the proposed coffee store/restaurant use by patrons of the proposed public transIt trolley, and WIll contribute to a denSity of commercial uses necessary to sustaIn pubhc transIt (I) In accordance With Government Code SectIOn 65906 5, there IS no reqUirement to show specIal Cll cumstances to JUStifY the grantIng of a pal kIng variance Nonetheless, there are special cllcumstances whIch warrant the variance here, IncludIng the site's location, SUrl oundlngs, and the availabilIty of public parking nearby In order to proVIde the Code requIred parkIng, It would be necessary to demohsh the eXistIng structure The sIte IS In close proximity to available public parkIng There IS no space on or WIthIn 300 feet of the site to provide the requIred parkIng Without destrOYIng all or part of a structure whIch has a remaInIng useful lIfe and of which ItS owner must be allowed a reasonable economic use (J) Strict applIcatIOn of the ZOnIng Code deprives the subJect property of privileges enJoyed by other property In the same VICInIty and zone Othel commercial retaIl and bUSIness office uses along MaIO Street lIkewise cannot, and do not prOVide on-sIte parking The grant of a variance With conditions Will not constitute a grant of specIal pnVlleges InconsIstent With other limitations upon other plOpertles In the same VICInIty and zone because, as condItioned, the proposed use Will meet ItS parkIng demand through the altematlve means proVided In the condItions SectIOn 6 Based upon the foregOIng, the PlannIng Commission hereby approves With conditions Variance 94-7, a variance from Code proVISions requmng a loadIng space, landscapIng, and proVISion of 9 parkIng spaces WithIn a 300 foot radIUS of the subJect property, subJect to the follOWIng conditions I Variance 94-7 IS approved for the pi OVISlon of 5 less than the reqUired 9 on-site parkIng spaces, less than the reqUired on-sIte landscapIng and no loading space In conJunctIOn With the change In use of an eXisting retail space to a restaurant at 322 MaIn Street, Seal Beach 2 The CommissIon approves a change In use from the current retaIl use to a restaurant use 3 Variance 94-7 shall become effective only after the CIty's approval of a Development Agreement between the City and the applicant governIng the use of the subJect property Nor shall the CIty be obliged to Issue any permits or approvals untIl such time as the Development Agreement has been approved, Without the pnor written consent of the City 4 The applicant shall contnbute an amount speCified In the Development Agreement to mitigate traffic and parkIng Impacts from the proJect The property owner shall partICIpate In such in-lIeu parkIng program as has been or shall be establIshed by the CIty CouncIl for the amount equal to five (5) spaces The applicant understands and agrees that the amount speCified In the Development Agreement shall represent an Interim fee, and a permanent In-lieu parking fee program may result In more or less costs per space 5 A covenant shall be recorded on the title of the property which stipulates that five (5) additional parkIng spaces are I equlIed for the restaurant use of the subJect 890 square foot space on the subJect property, pursuant to the Code of the Citv of Seal Beach ~28-1304(4) 6 ThiS Variance shall not become effective for any purpose unless an "Acceptance of ConditIOns" fOl m has been Signed by the apphcant In the presence of the Director of Page 4 R"'~~a::c:L- . - Plannmg CommISSIOn ResolutIon No 95-2 February 8, 1995 Development Services, or notarized and returned to the Planning Department, and unl1l the ten (10) day appeal penod has elapsed 7 That all reqUirements of the Orange County Health and Fire Departments and the Uniform BuddIng Code be met pnor to occupancy 8 In order to offset the lack of on-sIte landscapIng, a fee shall be paid to the City to purchase a mllX1mum of SIX (6) street trees for the MaIn Street area AddItionally, If deemed feasIble by the CIty'S EngIneering Department, a fee shall be paid to the City to cover the cost of purchaSIng and Instalhng an addll10nal pedestnan bench on MaIn Street or other hardscape treatments to the sidewalk area adJacent to the subJect property Said fee shall not exceed $5,000 and shall be paid as speCified In the Development Agreement pnor to Issuance of a certificate of occupancy 9 A SIX foot tall brick trash enclosure shall be Installed at the rear of the structure In the event It IS found to be unfeaSible, the apphcant shall proVIde the City with an alternal1ve refuse holding plan for revIew and approval by the DIrector of Development SefVIces PASSED, APPROVED AND ADOPTED by the Planning CommISSion of the CIty of Seal Beach at a meeting thereof, held on the 8th day of February, 1995 by the follOWIng vote Brown, Campbell, Dahlman, Law, Sharp AYES CommiSSioners NOES CommISSioners ABSTAIN CommISSioners ~dd~ Anton Dahlman, Chairman Planning CommISSIOn e WhIttenberg, Secretary Planning CommiSSIon Page 5 j:\'V~IlX&.