HomeMy WebLinkAboutPC Res 11-06 - 2011-04-20RESOLUTION NUMBER 11-6 v1�/�1
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
APPROVING CONDITONAL USE PERMIT 11-4
FOR THE ESTABLISHMENT OF A NEW FAST
FOOD RESTAURANT WITH DRIVE - THROUGH
SERVICE AND AN OUTDOOR SEATING AREA
AT 12365 SEAL BEACH BOULEVARD (IN -N -OUT
BURGER)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On March 14, 2011, John Puente Jr. (the "applicant ") filed an
application with the Department of Development Services for Conditional Use Permit
11 -4 to establish a new fast food restaurant with drive - through service and outdoor
seating within the General Commercial (GC) zone at 12365 Seal Beach Boulevard.
Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 11 -4 for the subject
requests is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use
Limitations), because the proposal involves a minor alteration in land use limitation and
does not involve either a property in excess of 20% slope or a change in land use or
density.
Section 3 . A duly noticed public hearing was held before the Planning
Commission on April 20, 2011, to consider the application for Conditional Use Permit
11 -4. At the public hearing the Planning Commission received evidence and testimony
regarding said application.
following:
Section 4 . The record of the hearing of April 20, 2011, indicates the
(a) On March 14, 2011, John Puente Jr. (the "applicant)
filed an application with the Department of Development Services for Conditional Use
Permit 11 -4. Specifically, the applicant is requesting to establish a new fast food
restaurant with drive - through service and outdoor seating within the General
Commercial (GC) zone at 12365 Seal Beach Boulevard.
1 of 8 \
Planning Commission Resolution No. 11 -6
Conditional Use Permit 11 -4
12365 Seal Beach Boulevard, (In -N -Out Burger)
April 20, 2011
(b) The subject property is described as Orange County
'assessor's parcel # 086 - 492 -52.
(c) The subject property is approximately 250' x 171' and
contains approximately 42,750 square feet.
(d) The proposed new structure will be approximately
3,750 square feet in area, with a drive - through lane at the south side of the structure; an
outdoor dining area to the west of the structure; and a solid trash enclosure to the
northwest of the outdoor dining area.
(e) The nearest residential properties are located
approximately 600 feet to the north - northeast of the subject property, within the City of
Seal Beach.
(f) The surrounding land uses and zoning are as follows:
❑ NORTH, SOUTH, WEST, and EAST — Commercial uses within the General
Commercial (GC) Zone.
(g) Sergeant Ron Lavelle with the Seal Beach Police
Department has reviewed the application and has no reservation or concerns regarding
the subject request.
(h) The City's Department of Public Works has reviewed
the application and has provided Planning Staff with comments and suggested
conditions.
Section 5 . Based upon the facts contained in the record, including
those stated in §4 of this resolution and pursuant to §§ 11.2.10; 11.4.05.050;
11.4.05.090; and 11.5.20 of the City's Zoning Code, the Planning Commission makes
the following findings:
(a) The proposal is consistent with the General Plan and
with any other applicable plan adopted by the City Council;
(b) The proposed use is allowed within the applicable
zoning district with use permit approval and complies with all other applicable provisions
of the of the Municipal Code;
(c) The site is physically adequate for the type, density,
and intensity of use being proposed, including provision of services, and the absence of
physical constraints;
2of8
Planning Commission Resolution No. 11 -6
Conditional Use Permit 11 -4
12365 Seal Beach Boulevard, (In -N -Out Burger)
April 20, 2011
(d) The location, size, design, and operating
characteristics of the proposed use will be compatible with and will not adversely affect
uses and properties in the surrounding neighborhood; and
(e) The establishment, maintenance, or operation of the
proposed use at the location proposed will not be detrimental to the health, safety, or
welfare of persons residing or working in the vicinity of the proposed use.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 11 -4, subject to the following conditions:
1. Conditional Use Permit 11 -4 is approved for a proposed new In -N -Out Burger
restaurant with a drive - through service window and outdoor dining area at 12365
Seal Beach Boulevard.
2. All construction shall be in substantial compliance with the plans that were
submitted as a supplement to the application for Conditional Use Permit 11 -4.
3. The business operator shall deploy an employee with an electronic order board
to service the drive - through queue whenever the amount of vehicles in the queue
exceeds eight (8) vehicles.
4. The business operator shall re- direct the drive - through queue line to the second
east -west aisle north of the building whenever the drive - through queue line
exceeds fourteen (14) vehicles.
5. The permitted hours of operation shall be:
9:00 A.M. to 1:00 A.M. — Sunday through Thursday
9:00 A.M. to 1:30 A.M. — Friday and Saturday
6. No commercial deliveries or trash disposal activities may occur in association
with the operation of this business between the hours of 10:00 P.M. and 7:00
A.M.
7. Outdoor dining areas shall be cleaned on a continual basis for removal of litter
and food items that constitute a nuisance to public health and safety.
8. All exterior light sources, including canopy, flood, and perimeter lighting, shall be
energy efficient, stationary, and shielded or recessed to ensure that all light is
directed away from adjoining public rights -of -way and properties.
9. Menu board volume shall be kept at a level that is in conformance with Chapter
7.15 of the Seal Beach Municipal Code.
3of8
Planning Commission Resolution No. 11 -6
Conditional Use Permit 11 -4
12365 Seal Beach Boulevard, (In -N -Out Burger)
April 20, 2011
10. A Water Quality Management Plan (WQMP), or a modification of or amendment
to the existing approved WQMP for all new construction shall be submitted to
and approved by the Department of Public Works prior to the issuance of any
building permits.
11. The developer /owner is responsible for ascertaining and paying all City
development fees such as, but not limited to, sewer deficiency fees, water meter
fees and metered water service impact fees as required by SBMC.
12. All improvement plans, including grading and public improvement plans, shall be
based upon City- approved datum. Benchmark references to be obtained from
the Engineering Division.
13. The Developer shall obtain a "will- serve" letter from Orange County Sanitation
District, the sewage service provider for the subject property. The Developer
shall comply with all requirements of Orange County Sanitation District before
final approval from the City.
14. The Developer shall obtain a "will- serve" letter from Golden State Water
Company, the water purveyor for the subject property. The Developer shall
comply with all requirements of Golden State Water Company before final
approval from the City.
15. A site grading and drainage plan shall be prepared in conformance with City
standards. A hydrology and hydraulic study of the site may be required for
submittal to the City Engineer for review and approval. The site shall be graded
to drain to the public street or in a manner otherwise acceptable to the City
Engineer. Drainage from contiguous properties shall not be blocked and shall be
accommodated to the satisfaction of the City Engineer.
16. Applicant shall submit a list of items of work and cost estimates for the proposed
grading and site improvements, such as: earthwork quantities, retaining walls,
drainage devices, landscaping, asphalt pavement, and fencing. Cost estimates
will be necessary for determining bond amounts for this development.
Improvement bonds shall be submitted for City review and approval prior to
issuance of any building permits or grading permits.
17. "National Pollutant Discharge Elimination System (NPDES) - Developer /owner is
required to obtain a "General Construction Activity Storm Water Permit," and the
City shall condition the issuance of the grading permit on evidence of compliance
with this permit and its requirements. Compliance information is available in the
Office of the City Engineer. A LWSPPP or SWPPP is required.
18. The grading and drainage plan shall incorporate all pertinent site development
comments from the City's geological and geotechnical consultants and shall also
4of8
Planning Commission Resolution No. 11 -6
Conditional Use Permit 11 -4
12365 Seal Beach Boulevard, (In -N -Out Burger)
April 20, 2011
include the approved geological and geotechnical report submitted by the
developer's consultants.
19. Any damage done to existing street improvements and utilities shall be repaired
before acceptance of the project. Existing damaged, deteriorated, substandard
or off -grade curb, gutter, driveways and sidewalk must be repaired or replaced to
the satisfaction of the City Engineer. All existing driveways, if not used, must be
removed and replaced with curb and sidewalk in accordance with City standards.
All improvements must meet current American's with Disabilities Act (ADA)
compliance.
20. All electric, telephone and cable TV utility services shall be installed fully
underground and to required City standards. Satisfactory provisions for all other
utilities and service connections, including water, sewer and gas, shall be made
to City and public utility standards. A utility plan shall be prepared and submitted
showing all existing and proposed utilities. The utilities may be shown on either a
separate plan or on the proposed site plan.
21. All buildings shall have roof gutters, and all roof drainage shall be conducted to
the public street or an approved drainage facility in a manner approved by the
City Engineer.
22. Parkway plans and designs shall be submitted for review and approval by the
City Engineer. The need for preserving existing street trees and /or providing
additional street trees shall be reviewed and approved by the City's Public Works
Department.
23. An encroachment permit shall be obtained from the City prior to performing any
work in any public right of way.
24. Trash and restaurant/food retailer waste shall be placed in separate bins. Food
waste shall be recycled. Bailer(s) shall also be on -site for all cardboard waste.
25. Traffic Impact fees, as adopted by the City and if applicable, shall be paid by the
Developer.
26. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments shall remove trash
and debris on an appropriate basis so as not to cause health problems. There
shall be no dumping of trash outside the establishment between the hours of
10:00 p.m. and 7:00 a.m.
27. In the event that the Seal Beach Police Department determines security
problems exist on the site, the Conditions of this permit may be amended, under
5 of 8
Planning Commission Resolution No. 11 -6
Conditional Use Permit 11 -4
12365 Seal Beach Boulevard, (In -N -Out Burger)
April 20, 2011
the procedures of The Code of the City of Seal Beach to require the provision of
additional security measures.
28. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal
Beach Municipal Code as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15
29. A lighting and security plan for the project site shall be submitted to the Director
of Development Services for approval prior to the issuance of a building permit.
Lighting plan shall provide `cut -off or similar fixtures to ensure that there is no
light encroachment onto adjacent commercial or residential properties, yet
provide adequate lighting for security purposes. Security cameras will be
required for the drive -thru area as part of the security plan.
30. All proposed signage for the business shall comply with the Planned Sign
Program for the Shops at Rossmoor (PSP 07 -01 and Chapter 11.4.25 of the
SBMC. No more than one freestanding business identification sign shall be
allowed for the proposed business. Drive - through signage and menu board
signage are subject to approval by the Department of Development Services.
Any additional freestanding signage shall require a modification to the Planned
Sign Program for the Shops at Rossmoor (PSP 07 -1).
31. Applicant shall submit a Landscape plan to the Department of Development
Services for review and approval. The Landscape plan shall provide for the
replacement or enhancement of the existing planting along the Seal Beach
Boulevard frontage and the Town Center Drive frontage, to obscure the drive -
through queuing line to the maximum extent feasible.
32. This Conditional Use Permit shall not become effective for any purpose
unless /until a City "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Development Services, or notarized
and returned to the Planning Department; and until the ten (10) calendar -day
appeal period has elapsed.
33. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of
Approval.
b. There is a substantial change in the mode or character of operations of the
establishment.
34. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit pursuant to Title 11 of Seal Beach Municipal Code if harm or retail-
6of8
Planning Commission Resolution No. 11 -6
Conditional Use Permit 11 -4
12365 Seal Beach Boulevard, (In -N -Out Burger)
April 20, 2011
related problems are demonstrated to occur as a result of criminal or anti - social
behavior, including but not limited to the congregation of minors, violence,
vandalism, solicitation and /or litter.
35. This Conditional Use Permit shall become null and void unless exercised within
one (1) year of the date of final approval, or such extension of time as may be
granted by the Planning Commission pursuant to a written request for extension
submitted to the Department of Development Services a minimum of ninety (90)
days prior to such expiration date.
36. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
37. Failure to comply with any of these conditions may result in the revocation of this
Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 20th day of April 2011, by the following vote:
AYES: Commissioners Massa - Lavitt, Bello, Cummings, Everson, and
Galbreath
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
7 of 8
Planning Commission Resolution No. 11 -6
Conditional Use Permit 11 -4
12365 Seal Beach Boulevard, (In -N -Out Burger)
April 20, 2011
Sandra Massa- Lavitt
Chairperson, Planning Commission
.........................................
Mark Persico, AI
Secretary, Planning Commission
8 of 8