HomeMy WebLinkAboutPC Res 01-24 - 2001-06-06
RESOLUTION NUMBER 01-24
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING VARIANCE NO. 01-3, A REQUEST
TO ALLOW A REDUCTION IN THE AMOUNT OF
PARKING REQUIRED AT 500 PACIFIC COAST
HIGHWAY, UNIT DI07 (OSTER'S DONUTS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOL VB:
Section 1. On May 8, 2001, Jim Watson "The Applicant" submitted
an application for Variance 01-3 and Conditional Use Permit 01-6 with the Department
of Development Services. Specifically, the applicant is seeking to enclose an existing
outdoor area, creating a designated outside eating area at an existing donut shop located
in a shopping center which is currently underparked. The proposed outdoor seating area
would be approximately 230 square feet.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ItA
of the City's Local CEQA Guidelines. stafT has determined as follows: The application
for Variance No. 01-3 is categorically exempt from review pursuant to the California
Environmental Quality Aet pursuant to 14 Calif. Code of Regs ~ 15305 (Minor
Alterations in Land Use Limitations) because the request is for a minor alteration in land
use limitations in an area with an average slope of less than 20% and no changes in land
use or density are involved; and, pursuant to ~ I506l(b)(3), because it can be seen with
certainty 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 June 6, 2001 and continued to July 11,2001 to consider the application
for Variance No. 01-3 and Conditional Use Permit 01-6. At the hearings the Planning
Commission received into evidence all written and oral testimony presented.
Section 4. The reeord of the hearing on June 6, 2001 and continued to
July 11,2001, indicate the following:
(a) On May 8, 2001, Jim Watson ("The Applicant") submitted an
application for Variance 01-3 and Conditional Use Pcrmit 01-6 with the Department of
Development Services. SpecificalIy, the applicant is seeking to enclose an cxisting
outdoor area, creating a designated outside eating area at an existing donut shop located
in a shopping center which is currently underparked. The proposed outdoor seating area
would be approximately 230 squarc feet.
(b) The subject property is located at 500 Pacific Coast Highway,
Suite D107.
(c) The subject property is oddly shaped, with a land arca of
approximately 3.5 acres. The Site contains approximately 267 shared parking spaces.
Cd) The surrounding land uses and zoning are as follows:
NORTH & WEST Residential Housing in a Residential Low Density
(RLD) zone
SOUTH Residential Housing in a Residential High Dcnsity
CRHD) zone
C \Vanance\VAR 01-3 500l'CIIIVAR 01-3 - Rc,ululion doc\LW\06-06-01
PlannmgCummission Resolution 01-24
Variance 01-3
500 Pacific Coast Highway (Oster's Donuts)
EAST
Commercial Businesses in a General Commercial
(C-2) zone
(c) In response to the mailed and published notice of this hearing staff
has received no responses, written or other, to this request.
Section 5. Based upon the facts contained in the rccord, including those
stated in ~ 4 of this resolution and pursuant to ~~ 28-2500 through 28-2502 of the City's
Code, the Planning Commission hereby finds as follows:
(a) Variance 01-3 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "General Commcreial" designation
for the subject property and permits several different commercial uses. The use is also
consistent with the remaining clcmcnts of the City's General Plan, as the policies of those
clements are consistent with, and reflected in, the Land Use Elcment. Accordingly, the
proposed use is consistent with the Gcncral Plan.
(b) The subject propcrty is currently underparked given the current
zoning code. However the request only generates an excess demand of 3 parking spaces.
Given the fact that this shopping center has approximately 267 parking spaces on site, the
excess demand created by 3 parking spaces will not have any noticeable effect on the
parking. In approving Variance 01-1, the Planning Commission considered cvidence and
testimony presented by the owner of the shopping center, indicating that actual parking
utilization within the immediate vicinity of the subject property were between 31 % and
67% empty between the hours of noon and 4:00 PM during a survcy time period of
March 26 to April 3, 2001. Further, this particular business experiences most of its
business activity, not during the peek lunch and dinner dining hours. As such, it can be
seen that the granting of this variance wilI not be granting this applicant a special
privilege.
Section 6. Based upon the foregoing, thc Planning Commission
hereby approves Variance No. 01-3, subject to the following conditions:
I. Variancc 01-3 is approved to allow the tenant at 500 Pacific Coast Highway, Suite
#D107 to expand by approximately 230 squarc feet for exterior dining, thereby
intensifying the dcmand for parking on the site. The variance shall be for 3
parking spaces.
2. All construction/tenant improvements shall be in substantial compliance with the
plans approved through Variance 01-3.
3. This Variance shall not become effeetive for any purpose unless an "Acceptance
of Conditions" form has been signed by thc applicant in the presence of the
Director of Development Scrvices, or notarized and returned to the Planning
Department; and until the ten (10) day appeal period has clapscd.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 6th day of June .2001 by
the following vote:
AYES: Commissioners
Hood, Cutuli, Sharp, Ladner
NOES: Commissioners
Brown
ABST AlN: Commissioners
ABSENT: Commissioners
2
~
Planmng Comnll.YSloll Resolution 01-24
Variance UI-3
500 Pacific Coa~1 Highway (Osler's Donuts)
avid Hood, Ph.D., Chai
Planning Commission
3