HomeMy WebLinkAboutCC AG PKT 2004-03-08 #L AGENDA REPORT
DATE: March 8, 2004
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: RECEIVE AND FILE — NOTICE OF INTENT TO
APPROVE PARTICIPATION IN THE IN -LIEU
PARKING PROGRAM —148 MAIN STREET, UNIT "E"
SUMMARY OF REQUEST:
Receive and File subject report. This action will start the required 10 calendar day appeal
period of a decision of the Director of Development Services pursuant to Section 28 -2941
of the Code of the City of Seal Beach.
BACKGROUND:
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The City has received a request from Main Street Square, L.P., indicating that Barbara's
Beauty is currently preparing to open a business at 148 Main Street, Unit E, as a beauty
supply store with 2 proposed beauty operator stations. The previous business at 148
Main Street was a market business that encompassed the entire structure a single -use
business operation and was subject to a parking requirement of 1 parking space per 500
square feet of floor area.
The market went out of business in 2002 and the building at 148 Main Street has been
remodeled into a multi -unit structure, with business suites facing both Main Street and
Central Avenue. The building has a total building area of approximately 8,550 square
feet; requiring, for retail sales business uses, a total of 18 off -street parking spaces. There
are currently no off - street parking spaces available for this business at the rear of the
property; however the building has previous agreement rights to parking across Main
Street for 13 parking spaces at the parking lot adjacent to Hennessey's Restaurant at 143
Main Street. The property is a legal, non - conforming property and is considered to be
"grand fathered" for the additional 5 required spaces for a retail sales use on the entire
property. For a detailed discussion of the parking determinations discussed here, please
refer to Attachment 3, "Memorandum Re: 148 Main Street (Main Street Square) Parking
Requirements And Related Parking Questions ", Dated March 8, 2004.
Agenda Item t
Z:\My Documents \MAINST.CUM \148 Main, Unit E, In -Lieu Parking CC Staff Report.doc \LW\03 -04-04
Receive and File — Notice of Intent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit "E"
City Council Staff Report
March 8, 2004
The proposed expansion of a hair and nail salon into this business area requires additional
parking to be provided or participation in the established "In -Lieu Parking Program"
established pursuant to Section 28 -1256 of the Code of the City of Seal Beach. Based on
the submitted floor plans for the proposed expansion, a total of 4 additional parking
spaces would be required for the proposed use, over the base parking required for the
entire building based on a requirement of 1 parking space per 500 square feet of floor
area. The determination of 4 additional parking spaces is based on a requirement for 2
parking spaces per operator at beauty shops and hair salons in accordance with Section
28- 1255.1. of the Code of the City of Seal Beach.
The plans for the interior remodeling indicate 2 stations; and the required parking is
therefore based on 2 parking spaces for each of those stations, in addition to the base
retail store requirement of 3 spaces based on 1 space per 500 square feet of floor area of
the subject business space. To ensure compliance with the parking provisions, staff
intends to condition the approval of the business license to indicate that a maximum of 2
operators on any work shift may be conducting business operations at 148 Main Street,
Suite E. -
148 Main Street provides or has credit for a total of 21 parking spaces, based on a total
use of the structure as retail uses. Eighteen spaces are considered as existing or as
"grandfathered spaces ", with credit given for the creation of 3 on -street parking spaces
along Central Avenue when a previous "Loading Zone" for the market use was
eliminated. Pursuant to the Main Street Specific Plan, 18 parking spaces are required for
retail uses of the total structure.
Due to the additional 3 parking spaces credit, a more parking- intensive use such as a
beauty shop may also be established without being required to comply with the "In -Lieu
Parking" provisions of the Main Street Specific Plan Zone, Section 28 -1256, subject to
compliance with the parking requirements for such use.
The difference in the number of parking spaces, 1 space, would be subject to the payment
of the "In -Lieu Parking Fee" pursuant to Section 28- 1256.B of the Code of the City of
Seal Beach. The currently established fee is $3,500.00 per parking space deficient, as set
forth in Section 3E of City Council Resolution No. 5141, adopted July 14, 2003.
Approval of the request to participate in the In -Lieu parking Program would require
payment of $3,500.00 to the City prior to the issuance of the business license.
Provided as Attachment 1 is a copy of the "Notice of Intent to Approve Participation in
the In -Lieu Parking Program — 148 Main Street, Unit E ". Provided as Attachment 2 is a
copy of request letter and the proposed interior floor plan for the proposed business at
148 Main Street, Unit E.
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148 Main, Unit E, In -Lieu Parking CC Staff Report
Receive and File — Notice of Intent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit "E"
City Council Staff Report
March 8, 2004
FISCAL IMPACT:
Approval of the request to participate in the "In -Lieu Parking Program" would require
payment of $3,500.00 to the City of Seal Beach. These funds are accounted for in a
separate account by the Department of Administrative Services.
'RECOMMENDATION:
Receive and File subject report. This action will start the required 10 calendar day appeal
period of a decision of the Director of Development Services pursuant to Section 28 -2941
of the Code of the City of Seal Beach.
NOTED A D * ' PROV y 0
/%f %lam _ I
e Whitten-berg John B orski
Director of Development Services City . ger
Attachments: (3)
Attachment 1: Notice of Intent to Approve Participation in the In -Lieu
Parking Program — 132 Main Street (Nails by Christine)
Attachment 2: Letter Request from Main Street Square, L.P. re:
Participation In -Lieu Parking Program — 148 Main Street,
dated March 4, 2004
Attachment 3: Memorandum Re: 148 Main Street (Main Street Square)
Parking Requirements And Related Parking Questions,
Dated March 8, 2004
3
148 Main, Unit E, In -Lieu Parking.CC Staff Report
Receive and File— Notice of latent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit "E"
City Council Staff Report
March 8, 2004
ATTACHMENT 1
NOTICE OF INTENT TO APPROVE
PARTICIPATION IN THE IN -LIEU
PARKING PROGRAM - 132 MAIN STREET
(NAILS BY CHRISTINE)
•
148 Main, Unit E, In -Lieu Parking.CC Staff Report 4
Receive and File — Notice of Intent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit "E"
City Council Staff Report
March 8, 2004
NOTICE OF INTENT TO APPROVE
PARTICIPATION
IN THE IN -LIEU PARKING PROGRAM
148 MAIN STREET, UNIT "E" (BARBARA'S BEAUTY)
•
Subject Property: 148 Main Street, Unit "E"
•
Proposed Use of Property: Beauty Supply Sales and Hair Salon (Barbara's Beauty)
Determination of In -Lieu Parking Space Requirement: 1 In -Lieu Parking Space
Reason for Need of In-tied Parking Space: D �1 D\Z' p
❑ The City has received an application by Barbara's Beauty to utilize commercial
building space at 148 Main Street, Unit E. .
❑ The proposed use of a hair salon at this business area requires additional parking
to be provided or participation in the established "In -Lieu Parking Program"
established pursuant to Section 28 -1256 of the Code of the City of Seal Beach.
Based on the submitted floor plans for the proposed expansion, a total of 1
additional parking space would be required for the proposed use. That is based on
a requirement for 2 parking spaces per operator at beauty shops and hair salons in
accordance with Section 28- 1255.1 of the Code of the City of Seal Beach.
❑ The plans for the interior remodeling indicate 2 "Hair Stations"; and the required
parking is therefore based on 2 parking spaces for each of those stations. To
ensure compliance with the parking provisions, staff intends to condition the
approval of the business license to indicate that a maximum of 2 operators on any
work shift may be conducting business operations at 148 Main Street, Unit "E ".
Calculation of In -Lieu parking Fee:
❑ Based on a review of previous Conditional Use Permit approvals granted by the
City, the previous and current off -street parking standards of the City for
permitted uses within the Main Street Specific Plan Area, and the proposed uses
of the building as proposed by Main Street Square LLP, the Director of
Development Services has determined that through:
5
148 Main, Unit E, In -Lieu Parking CC Staff Report
Receive and File — Notice of Intent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit "E"
City Council Staff Report
March 8, 2004
1. Shared Lot Lease spaces with Hennessey's 13 spaces;
2. Credit for removal of loading spaces on Central Avenue 03 spaces; and
3. Credit for pre- existing structure use as a retail use 05 spaces
Total Spaces Available 21 spaces
❑ 148 Main Street provides or has credit for a total of 21 parking spaces, based on a
total use of the structure as retail uses. Pursuant to the Main Street Specific Plan,
18 parking spaces are required for retail uses of the total structure.
❑ Due to the additional 3 parking spaces credit, a more parking- intensive use such
as a beauty shop may also be established without being required to comply with
the "In -Lieu Parking" provisions of the Main Street Specific Plan Zone, Section
28 -1256, subject to compliance with the parking requirements for such use.
❑ The difference in the number of parking spaces, 1 space, would be subject to the
payment of the "In -Lieu Parking Fee" pursuant to Section 28- 1256.B of the Code
of the City of Seal Beach. The currently established fee is $3,500.00 per parking
space deficient, set' forth Section 3E of City Cou 1 Resolution No. 5141,
adopted July 14, 2003". „ OR X7'
❑ Approval of the request to participate in the In -Lieu parking Program , would
require payment of $3,500.00 to the City prior to the issuance of the business
license.
Required Determinations for Approval of Participation in the In -Lieu Parking Fee
Program:
It is the determination of the Director of Development Services that the
requested participation in the In -Lieu parking Fee Program:
1) Will not create any significant adverse traffic safety impacts,
pedestrian- vehicle conflicts, or parking impacts, and
2) Will not be detrimental to the public health, safety and welfare.
These determinations are based on the following factors and
considerations:
a) The subject property is currently non - conforming due to the lack of
any off -street parking for said commercial building space.
b) The subject building space comprises approximately 1,435 square
feet.
c) The total building area within the Main Street Specific Plan Area is
approximately 223,600 square feet.
6
148 Main, Unit E, In -Lieu Parking CC Staff Repoli
Receive and File — Notice of Intent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit `E"
City Council Staff Report
March 8, 2004
d) There are approximately 750 on and off - street parking spaces
available within the Main Street Specific Plan Area. 415 spaces
are privately owned and 335 are publicly available parking spaces.
e) The subject property comprises approximately 0.6% of the total
building area within the Main Street Specific Plan area.
f) The requested In -Lieu Parking Space would constitute
approximately 0.1% of the total presently provided parking spaces
within the Main Street Specific Plan area.
g) As proposed to be conditioned, there will be a maximum of 2
operators on any work shift at the hair salon conducting business
operations at 148 Main Street, Unit E.
h) The above discussed impacts are less than 1.0% of the total
building area and the total parking spaces within the Main Street
Specific Plan area.
i) Such impacts of less than 1.0% will not create any significant
adverse traffic safety impacts, pedestrian- vehicle conflicts, or
parking impacts.
j) Such impacts of less than 1.0% will not be detrimental to the
public health, safety and welfare.
D
March 9, 2004
Lee Whittenberg Date of Approval
Director of Development Services
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148 Main, Unit E, In -Lieu Parking.CC Staff Report 7
-
Receive and File — Notice of Intent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit "E"
City Council Staff Report
March 8, 2004
ATTACHMENT 2
LETTER REQUEST FROM MAIN STREET
SQUARE, L.P. RE: PARTICIPATION IN-
LIEU PARKING PROGRAM - 148 MAIN
STREET, DATED MARCH 4, 2004
148 Main, Unit E, In -Lieu Parking.CC Staff Report 8
03/04/2804 11:59 8584594495 PAGE 02/02
MAIN ST SQUARE, L. P
„M.'l FIE W ` !C',amma MtNAGiryng.w ? T:,C.
GENERAL. RARri. ER
. r'PFRRF 1. :tdR
PFEL+DE1QT
March 4, 2004
Mr. Lee Whitunberg
Director. D'partmetn of Development Services
CITY OF SEAL BEACH
211 Ei Street
Seal Beach, California 90740
VIA FACSIMvMTLE TRANSMISSION AND FEDERAL EXPRESS
Re: Barbara's Beauty
Main Street Square
Seal Beach, California
Deer Lee:
P't ran. to our meeting OH February 23, 2004, and our subsequent corrersationa, please consider this our
fotrnat request to participate in the City of Seal Beach's in -lieu parking program with respect to the above
refer =1 business,aad locatitxi.
As we have discussed Barbara's Beauty is primarily a beauty supply store. In order to carry pro €es iional
product lines at this location it is required that Barbara's Beauty maintain certain on -site beauty services.
In this mse they will hare two operators as d tined by the City of Seal Beech municipal code.
Main Street Square, L.P. agrees to purchase one in -lieu parking space for Three Thousand Five Hundred
Dollars (S3,500) and participate in the in -lieu parking program as outlined in the Section 28 -1256 of the
City of Seal Beach municipal code.
Should you have any questions or comments, please- feel free to contact me directly at (858) 459 -4€10.
Sincerely,
MA 1► ` - ET SQUARE. L.P.
Jeffr- ' T. Ramsey
- ; dent of the General Partner
1TRse
cc: Mr. Ja.:rres W, Fisher
(via electronic mail only)
POOt O'sTICE SOX 2248 F8i2) 4 9 -E4re DIRECT DIAL
LA ,.:otLG. CALIFORNIA 91:03E•2248 (858) 439-d495 FACSIMILE J3.+1.M5EY@RRE[..^.O i
Receive and File — Notice of Intent to Approve Participation
In the In -Lieu parking Program —148 Main Street, Unit `E"
City Council Staff Report
March 8, 2004
ATTACHMENT 3
MEMORANDUM RE: 148 MAIN STREET
(MAIN STREET SQUARE) PARKING
REQUIREMENTS AND RELATED
PARKING QUESTIONS, DATED MARCH 8,
2004
148 Main, Unit E, In -Lieu Parking.CC Staff Report 9
OE SEAIB- .
PLANNING
DEPARTMENT
•
Memorandum
To: Jeff Ramsey, Ramsey Real Estate Group
Quinn Barrow, City Attorney
Mac Cummins, Associate Planner
Attention: John B. Bahorski, City Manager
From: Lee Whittenberg, Director of Development Services
Date: March 8, 2004
SUBJECT: 148 MAIN STREET (MAIN STREET SQUARE)
PARKING REQUIREMENTS AND RELATED
PARKING QUESTIONS
SUMMARY
Based on a review of previous Conditional Use Permit approvals granted by the City,
the previous and current off -street parking standards of the City for permitted uses
within the Main Street Specific Plan Area, and the proposed uses of the building as
proposed by Main Street Square LLP, the Director of Development Services has
determined that through:
1) Shared Lot Lease spaces with Hennessey's 13 spaces;
2) Credit for removal of loading spaces on Central Avenue 03 spaces; and
3) Credit for pre- existing structure use as a retail use 05 spaces
Total Spaces 21 spaces
148 Main Street provides or has credit for a total of 21 parking spaces, based on a
total use of the structure as retail uses. Pursuant to the Main Street Specific Plan, 18
parking spaces are required for retail uses of the total structure. If the building suites
fronting along Central Avenue cannot be leased for a retail use, the use of Suites E,
F and G as a business office, professional office, or medical office shall not require
the provision of additional off-street parking above that required for the use of these
Z:\My Documents\MAINSTRE.SP\148 Main Street Parking Determination Memo 2.DOC1LW103 -04-04
•
148 Main Street (Main Street Square)
Revised Available Parking Space Determination Memo
March 8, 2004
suites for a retail use, as those office uses are also permitted by right on ground floor
building areas that do not front directly onto Main Street.
Due to the additional 3 parking spaces credit, a more parking- intensive use such as a
beauty shop may also be established without being required to comply with the "In-
Lieu Parking" provisions of the Main Street Specific Plan Zone, Section 28 -1256,
subject to compliance with the parking requirements for such use.
PRESENT DAY PARKING REQUIREMENTS PER MAIN STREET SPECIFIC
PLAN
❑ Size of Building — 8,550 square feet.
❑ Building has been traditionally treated as a legally, non - conforming pre-
existing structure because the structure was constructed and uses
were established prior to current day parking requirements. The pre-
existing use provides 13 spaces across the street at a shared parking
lot with Hennessey's Restaurant, which is considered to be "on- site"
per the Code (they are located within 300 feet of the building location).
❑ Per Main Street Specific Plan
❑ Market: 1 space per 1,000 square feet of building area
❑ Retail: 1 space per 500 square feet of building area
❑ Parking required upon change in use of building from market to retail
store uses — 18 spaces (Based on a gross building area of
square feet)
❑ Parking provided:
❑ 1. Shared Lot Lease spaces with Hennessey's - 13 spaces
❑ 2. "Grandfathered" spaces - 05 spaces
Note: Legally .non - conforming pre - existing structures/uses are given
a credit based upon the site's grandfather status for being legally
established prior to a change in parking requirements, assuming the
basic use of the property is in conformance with the same land use as
established at the time of the creation of the non - conformity. In other
words, if a pre - established use satisfied parking requirements at the
time of the establishment of such use, the use is treated as satisfying
current parking requirements (i.e., given a credit) if the Code requires
more parking than the Code required at the time of establishment of
the use. In that the current Code requirement set forth in the Main
Street Specific Plan requires 18 spaces for an all retail use of the
subject building, then the proposed retail use is given credit for the
difference between current Code required spaces (18) and spaces
provided "on- site" (13) (18 - 13 = 5). (As noted below, the same
analysis was performed at the same site in 1992 in connection with
the approval of CUP 92 -20 at a time when the parking standards were
different.)
❑ 3. Credit for creating spaces by removing previous
Loading Zone along Central Avenue - 03 spaces
148 Main Street Parking Determination Memo 2 2
148 Main Street (Main Street Square)
Revised Available Parking Space Determination Memo
March 8, 2004
❑ Total number of parking spaces currently available
for building uses — 21 spaces.
The availability of 21 parking spaces for this building allows the entire building to be
utilized for allowable retail uses in compliance with the provisions of the Main Street
Specific Plan, and the ability to provide business operations within the structure that
require an additional 3 parking spaces, without being required to comply with the "In-
Lieu Parking" provisions of the Main Street Specific Plan Zone, Section 28 -1256.
Based on the size of the various Suites that have been created within the building
shell, the following parking requirements have been established for retail uses:
Suite Land Use Gross Floor Leasable Required
Area (sq. ft.) Area (sq. ft.) Parking
A Javatinis Espresso 999 998 2
B Unknown 999 998 2
C Razmataz Treasures 999 998 2
D Verizon Wireless 999 996 2
E Barbara's Beauty 1,519 1495 3
F Unknown 1,519 1,293 3
G Unknown 1,519 1,232 3
Utility Corridor 540 1
TOTAL 8,550 8,010 18
The available parking for this structure is 21 spaces, and 18 spaces are required
based on the gross building area of the structure. The leasable area is less than
gross floor area due to the required exit passageway provided at the rear of suites E,
F and G, which is counted toward the required parking requirements.
If it is assumed that the remaining unknown tenants are retail uses and are in
compliance with the necessary parking as set forth in Table 1, above, then there is
an excess parking availability of 3 parking spaces.
The above determination is also based on a determination that If the building suites
fronting along Central Avenue cannot be leased for a retail use, the use of Suites E,
F and G as a business office, professional office, or medical office shall not require
the provision of additional off - street parking above that required for the use of these
suites for a retail use, as those office uses are also permitted by right on ground floor
3
148 Main Street Parking Determination Memo 2
148 Main Street (Main Street Square)
Revised Available Parking Space Determination Memo
March 8, 2004
building areas that do not front directly onto Main Street. Given the nature of the
design of the new interior area of this structure, is not reasonable to expect these
building suites to be utilized for retail uses, due to the orientation of the store fronts,
the depth of the individual suites, and the distance of these suites from Main Street.
It is our understanding that Barbara's Beauty wishes to have beauty operators as
part of their business operation. Under the provisions of the Code, 2 parking spaces
are required for each operator, thereby allowing a maximum of 1 operator at this
business location.
Under this scenario, the building will have utilized all of its available parking _and all
future uses must be retail uses and comply with the parking standard of 1 space per
500 square feet of building area, as discussed above. The other option is for the
property owner or business operator to utilize the provisions of Section 28 -1256
regarding the "In -Lieu Parking Program" as a way to comply with the required
parking.
Parking required for Javatinis Espresso:
Parking required for Javatinis Espresso is based on the requirement of 1 space per
500 square feet for "coffee houses and desert shops ", pursuant to Section 28-
1250.A.2, which allows such uses as a permitted use, provided they are less than
1,000 square feet in area and have seating for no more than 10 persons. Coffee
houses and desert shops over 1,000 square feet are required to obtain approval of a
Conditional Use Permit pursuant to Section 28- 1250.B.2.
Availability of Parking at Hennessey's — Joint Use of Parking Lot:
Staff has contacted the property owner and verified that the provisions of the
previous lease documents that allows for use of the Hennessey's parking lot by the
tenants of Main Street Square are still in effect. Staff has contacted the property
owner to require the current parking lot sign to be revised to indicate the lot is for both
buildings, and the new sign was installed on Monday, January 26, 2004.
1992 DETERMINATION PRIOR TO ADOPTION OF MAIN STREET SPECIFIC
PLAN
❑ Parking required — 29 spaces
❑ Market: 1 space per 300 square feet of building area (retail store
had the same requirement in 1992).
❑ Parking provided:
1. Shared Lot Lease spaces with Hennessey's — 13 spaces
2. Credit due to grandfather rights — 16 spaces
** **
148 Main Street Parking Determination Memo 2 4