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HomeMy WebLinkAboutPC Res 01-15 - 2001-04-18 RESOLUTION NUMBER 01-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 01-1, A REQUEST TO ALLOW A REDUCTION IN THE AMOUNT OF P ARKlNG REQUIRED AT 550 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF TI-IE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 19,2001, Merle Monzon "The Applicant" submitted an application for Variance 01-1 with the Department of Developmcnt Scrvices. Specifically, the applicant is requesting a variance to allow an additional operator to work at the Nail Salon, thereby intcnsifying thc parking demanded for the Shopping Center. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S ILA of thc City's Local CEQA Guidelines, staff has detennined as follows: The application for Variance No. 01-1 is categorically exempt from review pursuant to the California Enviromnental Quality Act pursuant to 14 Calif. Code of Regs ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration ill 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 ~ 15061 (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 hcld before the Planning Commission on April 4, 2001 to consider the application for Variance No. 01-1. At the hearing the applicant and several members ofthe public spoke in favor of the request; one member ofthc public spokc in opposition. Section 4. The reeord of the hearing on Apdl4, 2001 indicates the following: (a) On March 19, 2001, Merle Monzon ("The Applicant") submitted an application for Variance 01-1 with the Department of Development Services. Specifically, the applicant is requesting a variance to allow an additional operator to work at the Nail Salon, thereby intensifying the parking demanded for thc Shopping Center. (b) The subject property is located at 550 Pacific Coast Highway, Suite 102. (c) The subject property is oddly shaped, with a land area of approximately 3.5 acres. The Site contains approximately 267 shared parking spaces. (d) The surrounding land uses and zoning are as follows: NORTH & WEST Residential Housing in a Residential Low Density (RLD) zonc NORTH zone Residential Housing in a Residential High Density (RHD) EAST Commercial Businesses in a General Commercial (C-2) zone (e) At the public hcaring testimony was received in favor ,of and in opposition to the requested variance. (1) Evidence submittcd by thc applicant indicated that the percentage of available parking spaces within the immediately vicinity of the subject usc wcrc bctwecn 31 % C \My DuculIlcnls\RESOIV ariance 01-1 SSO PCH PC Reso docll WI04-12-{} 1 Planning CommissIOn ResolutIOn No. 0/-/5 Val"/ance 0/-/, 550 Pacific Coast Highway April 18, 2001 and 67% empty between thc hours of noon and 4:00 PM during a survey time period of Mareh 26 to April 3, 2001. Section 5. Based upon the facts containcd in the record, 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 01-1 is consistent with the provisions of the Land Use Element of thc City's General Plan, which provides a "General Commercial" designation for the subjcct propc11y and permits several different commercial uses. The use is also consistcnt with the rcmaining clcments of the City's General Plan, as the policies of those elements arc consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) Because of special circumstances applicable to the subject property, namely the odd shape, the strict application of the zoning code would deprive the property of privileges enjoyed by other property in the same vicinity and zone. (c) Thc requcst only generates an excess demand of 1 parking space. Given the fact that this shopping center has approximately 267 parking spaces on site, the excess demand created by 1 parking spacc will not have any noticeable effect on the parking. In addition, evidence presented indicates available parking spaces within the ilmnediately vicinity of the subject use were between 31 % and 67% empty between the hours of noon and 4:00 PM during a survey time period of March 26 to April 3, 2001. As such, it can be scen that the granting of this variance will not be granting this applicant a special privilege. Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No. 01-1, subject to the following conditions: 1. Variance 01-1 is approved to allow the tenant at 550 Pacifie Coast Highway, Suite #DlOl- & DI02 to expand the Nail Salon by 1 operator, thereby intensifying the demand for parking on thc site. The variance shall be for 1 parking space. 2. All construction/tenant improvemcnts shall be in substantial compliance with the plans approved through Variance 01-1. 3. This Variance shall not become effective for any purpose unless an "Aceeptancc of Conditions" form has been signed by the applicant in the presence of the Direetor of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by thc Planning Commission of the City of Seal Beach at a meeting thereof held on thc 18lhday of Aplil, 2001 by the following vote: A YES: Commissioncrs Hood. Ladner, Sharp NOES: Commissioners Brown ABSTAIN: Commissioners Cutuli ABSENT: Commissioners Vanance 0 I-I 550 PCII PC Rc,o Page 2 Vanance 01-1 550 PCH PC Reso Planning CommisslOn Re.mlutlOn No. 01-15 Variance 01-1, 550 Pacific Coast Highway April 18, 2001 ~ _/1IJ / David Hood, Ph.D., Chainnan Plamling Commission Page 3