HomeMy WebLinkAbout9 - CUP 11-8 2940 Westminster Ave (Denny's)July 20, 2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Conditional Use Permit 11 -8; Planned Sign Program 11 -1
2940 Westminster Avenue (Denny's Restaurant)
GENERAL DESCRIPTION
Applicant: WKS SEAL BEACH, LP
Owner: CHENG FAMILY, LLC
Location: 2940 WESTMINSTER AVENUE
Classification of GENERAL COMMERCIAL (GC)
Property:
Request: FOR A CONDITIONAL USE PERMIT (CUP) FOR THE
ESTABLISHMENT OF AN EXTENDED HOUR BUSINESS (24-
HOURS); AND A PLANNED SIGN PROGRAM (PSP) FOR
EXTERIOR SIGNAGE IN CONJUNCTION WITH A NEW
RESTAURANT AT 2940 WESTMINSTER AVENUE
Environmental Review: PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) SECTION 15301(E)(1) — EXISTING FACILITIES,
THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW
Code Sections: CHAPTERS 11.2.10; 11.4.05.055; 11.4.25; AND 11.5.20 OF
THE SEAL BEACH MUNICIPAL CODE
Recommendation: APPROVE CUP 11 -8 AND PSP 11 -1, SUBJECT TO
CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, AND
AS MAY BE FURTHER REVISED BY THE COMMISSION AFTER
CONSIDERING PUBLIC TESTIMONY. APPROVAL SHOULD BE
THROUGH ADOPTION OF PLANNING COMMISSION
RESOLUTIONS 11 -21 (CUP 11 -8) AND 11 -22 (PSP 11 -1)
ZAConditional Use Permits \CUP 11 -8; PSP 11-1 2940 Westminster Ave (Denny's) \CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff
Report (Denny's).doc
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
FACTS
❑ On June 15, 2011, WKS Seal Beach, LP, submitted an application to the City of
Seal Beach Department of Development Services for CUP 11 -8 and PSP 11 -1.
❑ Specifically, the applicant is requesting a Conditional Use Permit to establish an
Extended Hour Business (24 -hour restaurant); and the Planned Sign Program
request is to allow exterior signage in excess of what the Zoning Code allows for
commercial businesses.
❑ The subject property is located at 2940 Westminster Avenue.
❑ The subject lease space is approximately 4,000 square feet.
❑ The nearest residential properties are located approximately 200 feet to the
northeast, across Westminster Avenue, within the Leisure World community.
❑ The surrounding land uses and zoning are as follows:
❑ NORTH — Commercial uses within the Service Commercial (SC) zone and
the General Commercial (GC) zone; Multiple family residential properties
within the Residential High Density — Planned Development (RHD -PD)
zone.
❑ EAST— Commercial uses within the General Commercial (GC) zone.
❑ SOUTH — Military uses within the Military (MIL) zone.
❑ WEST — Commercial uses within the General Commercial (GC) zone.
❑ As of July 14, 2011, Staff has received one letter in opposition to the project, in
response to the public hearing notices that were mailed and published regarding
CUP 11 -8 and PSP 11 -1.
DISCUSSION
24 -Hour Operation
Pursuant to Section 11.4.05.055 of the Seal Beach Municipal Code, A Conditional Use
Permit is required to allow business operations between 12:00 a.m. and 6:00 a.m.,
pursuant to the Municipal Code.
Denny's Restaurant is seeking to reactivate the former Primrose Restaurant lease
space located at 2940 Westminster Avenue. As is typical of Denny's Restaurants, the
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
2
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
applicant is requesting a CUP for 24 -hour operation of the restaurant. For the
Commission to approve an Extended Hour Business, a number of criteria must be
considered, pursuant to Section 11.4.05.055. One of these criteria is crime prevention,
and the Zoning Code requires an Extended Hour Business to be designed, developed,
and operated to provide the maximum feasible patron and employee security and crime
prevention. One requirement of an Extended Hour Business is to have a minimum of
one armed security guard, P.O.S.T, certified, to remain on duty during all hours from
12:01 A.M. to 6:00 A.M. that the business is open. The Commission may waive or
modify this requirement if an alternative method is determined to be acceptable in
meeting the intent of this requirement and upon the recommendation of the Police
Chief.
Additionally, the Zoning Code requires that a minimum of 2 employees, in addition to
the security guard, shall be on duty at all times between the hours of 12:01 A.M. and
6:00 A.M., but given the nature of the business as a full - service restaurant, this should
not be an issue.
Staff believes that, given the type of business and the proximity of the business to a
major arterial street, that a 24 -hour operation is suitable for this location, subject to the
requirements of SBMC Section 11.4.05.055
Planned Sign Program
Section 11.4.25.045 of the Municipal Code sets forth the criteria for Planned Sign
Programs. An exception to any standard of this chapter regarding the size, dimensions,
or height of any individual sign, or the number of signs of a particular type, may be
reviewed and approved through the Conditional Use Permit process. No Conditional
Use Permit for an exception to a standard shall be granted unless the Planning
Commission finds that the proposal meets the following
1 . The project is consistent with the applicability of the sign regulations;
2. The Proposed signage is not excessive in relation to the size of the site or
the signs in the surrounding area; and
3. The proposed departure from a standard is necessary in order tc
adequately identify businesses, or will result in a superior design solution,
given the characteristics of the site or buildings.
Chapter 11.4.25 sign regulations allow commercial businesses to have one sign per
building face which his visible from streets or parking lot areas. In lieu of one or more
fascia or wall signs, one free standing or pole sign not to exceed 15 feet in overall
height may be erected on the site which the building is located, provided the sign does
not exceed 60 square feet per face of a double faced sign.
CUP 11-91 PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
3
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
The applicant is requesting to have cabinet signs mounted on all four building faces, but
in addition to the four cabinet signs, the applicant is also requesting to utilize two
existing freestanding signs, one adjacent to the subject building along Westminster
Avenue and another at the driveway located along Seal Beach Boulevard. The sign
code would essentially allow four building signs, or three building signs and one
freestanding sign, but not two freestanding signs, hence the applicant's request for a
Planned Sign Program.
Staff is supportive of the reuse of both freestanding signs, due to the orientation of Seal
Beach Boulevard and the center's relation to Seal Beach Boulevard, but believes that if
the freestanding sign along Seal Beach Boulevard were utilized, the cabinet sign along
the south building elevation becomes redundant, as the freestanding sign provides
much greater visibility and the south elevation cabinet sign is almost not visible to traffic
along Seal Beach Boulevard until one turns into the driveway from Seal Beach
Boulevard.
Staff is recommending that the Planning Commission approve PSP 11 -1, to allow a
second freestanding sign in conjunction with the proposed business, but that the
cabinet sign on the south building elevation be deleted in lieu of the freestanding sign
along Seal Beach Boulevard.
RECOMMENDATION:
Staff recommends the Planning Commission, after considering all relevant testimony,
written or oral, presented during the public hearing, approve Conditional Use Permit 11-
8 and Planned Sign Program 11 -1, subject to the proposed conditions set forth below.
Staff's recommendation is based upon the following:
❑ CUP 11 -8 and PSP 11 -1 are consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a General Commercial use
designation for the subject property. 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, the
proposed use is consistent with the General Plan.
❑ The building and property at 2940 Westminster Avenue are adequate in size,
shape, topography and location to meet the needs of the proposed use of the
property.
CUP 11 -8; PSP I1 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
rd
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
❑ Required adherence to applicable building and fire codes ensures there will be
adequate water supply and utilities for the proposed use.
❑ The proposed operation of an Extended Hour Business on a 24 -hour basis, and
a Planned Sign Program in conjunction with the business, as proposed to be
conditioned, is compatible with the character of the surrounding neighborhood.
Adherence to conditions of approval placed on the use by the City of Seal Beach
will mitigate any negative impacts to the surrounding area.
Approval of Conditional Use Permit 11 -8 should be through the adoption of Resolution
No. 11 -21, with the following conditions in place:
1. Conditional Use Permit 11 -8 is approved for a 24 -hour business operation at
2940 Westminster Avenue, Seal Beach.
2. A security plan, detailing security features and systems located on the premises,
exterior lighting plans, and landscaping site plans shall be submitted to the
Department of Development Services for review and approval prior to issuance
of a Certificate of Occupancy.
4. A surveillance camera that provides a clear view of the area in and around the
main entrance to the business shall be required.
5. No alcoholic beverages shall be served or sold on the premises.
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.
8. A grease trap /interceptor shall be provided for the restaurant, in accordance with
the standards of Chapter 9.25 of the Seal Beach Municipal Code, "Fats, Oil and
Grease Management and Discharge Control," as part of the building plan check
process for the necessary tenant improvements and issuance of the certificate of
occupancy for said restaurant use.
9. A minimum of one armed security guard, P.O.S.T. certified, shall remain on duty
during all hours from 12:01 A.M. to 6:00 A.M. that the business is open. The
Planning Commission may waive or modify the security guard requirement if an
alternative method is determined to be acceptable in meeting the intent of this
subsection and upon recommendation of the Police Chief.
10. A minimum of two (2) employees (in addition to any required security guard) shall
be on duty at all times between the hours of 12:01 A.M. and 6:00 A.M. that the
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
i l
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
business is open or employees are present. The Planning Commission may
authorize only one (1) employee after determining that the employee will operate
the business from an adequately secured facility and upon recommendation of
the Police Chief.
11. Upon receiving any combination of three (3) substantiated complaints from three
(3) different residences within 300 feet of the extended hour business within one
(1) calendar year concerning noise, hours of operation, and traffic control as
specified in SBMC Section 11.4.05.055, or at the discretion of the Director or the
Planning Commission, the Planning Commission shall review the extended hour
business operation at a noticed public hearing conducted in accordance with the
procedures outlined in Chapter 11.5.10.
11. A modification of this Conditional Use Permit shall be obtained when:
a. There is a substantial change in the mode or character of
operations of the establishment which occur between the hours of
12:01 AM and 6:00 AM.
b. The establishment proposes to modify any conditions of approval
of this Conditional Use Permit.
12. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit if any violation of the approved conditions occurs, any violation of the
Seal Beach Municipal Code occurs, or for those reasons specified by Title 11 of
the Seal Beach Municipal Code.
13. In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the Seal
Beach Municipal Code, to require the provision of additional security measures.
14. This Conditional Use Permit shall become null and void unless exercised within 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 90 days
prior to such expiration date.
15. This Conditional Use Permit shall not become effective for any purpose unless
an "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 10 day appeal period has elapsed.
16. 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
CUP 11 -8; PSP 11-1 2940 Westminster Avenue. PC Staff Report (Denny's)
R
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
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.
17. Failure to comply with any of these conditions may result in revocation of this
Conditional Use Permit.
Approval of Planned Sign Program 11 -1 should be through the adoption of Resolution
No. 11 -22, with the following conditions in place:
1. Planned Sign Program 11 -1 is approved for Denny's Restaurant located at 2940
Westminster Avenue. The Planned Sign Program includes the following
categories of approved signs:
a. Three wall mounted cabinet signs with a total sign area of 86 square feet;
b. One monument sign with a total sign area of 100 square feet (50 square
feet per face);
C. One pylon sign with a total sign area of 64 square feet (32 square feet per
face).
2. Any new signs or substantial deviation from the program approved herein by the
City must be approved through an amendment to this Planned Sign Program.
3. Any window signage shall comply with Section 11.4.25.010.E of the Seal Beach
Municipal Code.
4. There shall be no signage or lettering affixed to or displayed from exterior
awnings.
5. Any temporary banners shall comply with Section 11.4.25.020 of the Seal Beach
Municipal Code.
6. This Planned Sign Program 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
CUP 11-8; PSP 11-1 2940 Westminster Avenue. PC Staff Report (Denny's)
7
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
and returned to the Planning Department; and until the 10 calendar -day appeal
period has elapsed.
7. This Planned Sign Program shall become null and void unless exercised within 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 90 days
prior to such expiration date.
8. 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.
For: July 20, 2011
fte Tvera, AICP
for Oanner, Department of Development Services
Attachments: (5)
Attachment 1: Resolution Number 11 -21, A Resolution of the Planning
Commission of the City of Seal Beach Approving Conditional
Use Permit No. 11 -8, Permitting an Extended Hour Business
(24- Hours) at 2940 Westminster Avenue, Seal Beach.
(Denny's Restaurant).
CUP 11 -8; PSP I I -1 2940 Westminster Avenue. PC Staff Report (Denny's)
8
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
Attachment 2: Resolution Number 11 -22, A Resolution of the Planning
Commission of the City of Seal Beach Approving Planned
Sign Program 11 -1, Permitting an Exception to the Number
of Freestanding Signs at 2940 Westminster Avenue, Seal
Beach. (Denny's Restaurant).
Attachment 3: Project Application
Attachment 4: Letter Received in Opposition to CUP 11 -8
Attachment 5: Project Plans
CUP 1 I -8; PSP 1 I -1 2940 Westminster Avenue. PC Staff Report (Denny's)
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
ATTACHMENT 1
RESOLUTION NUMBER 11 -21, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT NO. 11 -8, PERMITTING AN
EXTENDED HOUR BUSINESS (24- HOURS) AT
2940 WESTMINSTER AVENUE, SEAL BEACH
CUP 11 -8: PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
H
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
RESOLUTION NUMBER 11 -21
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT NO.
11 -8, PERMITTING AN EXTENDED HOUR
BUSINESS (24- HOURS) AT 2940 WESTMINSTER
AVENUE, SEAL BEACH (DENNY'S
RESTAURANT).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On June 15, 2011, WKS Seal beach, LP ( "the applicant ")
submitted an application to the City of Seal Beach Department of Development
Services for Conditional Use Permit 11 -8.
Section 2 . The applicant is requesting approval for an Extended Hour
Business (24- hours) at 2940 Westminster Avenue. The proposed Extended Hour
Business will be in conjunction with a proposed new Denny's Restaurant.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 11 -8 for the
requested land use entitlements at a proposed restaurant is categorically exempt from
review pursuant to the California Environmental Quality Act.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on July 20, 2011, to consider the application for CUP 11 -8. The Planning
Commission considered all evidence presented, both written and oral regarding the
subject application.
Section 5 . The record of the hearing of July 20, 2011, indicates the
following:
a. On June 15, 2011, the applicant submitted an application to the
City of Seal Beach Department of Development Services for Conditional Use Permit 11-
8.
CUP 11 -8; PS I 1 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
b. The applicant is requesting approval for an Extended Hour
Business (24- hours) at the subject property. The proposed Extended Hour Business
will be in conjunction with a proposed new Denny's Restaurant.
C. The subject property is located at 2940 Westminster Avenue.
d. The subject property is approximately 4,000 square feet in size.
e. The nearest residential properties are located approximately 200
feet to the northeast, across Westminster Avenue, within the Leisure World Community.
f. The surrounding land uses and zoning are as follows:
❑ NORTH — Commercial uses within the Service Commercial (SC) zone and
General Commercial (GC) zone; Multiple family residential properties
within the Residential High Density — Planned Development (RHD -PD)
zone.
❑ EAST— Commercial uses within the General Commercial (GC) zone.
❑ SOUTH — Military uses within the Military (MIL) zone.
❑ WEST — Commercial uses within the General Commercial (GC) zone.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §11.5.20 of the Seal Beach
Municipal Code, the Planning Commission makes the following findings:
a. CUP 11 -8 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a General Commercial use
designation for the subject property. 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, the proposed use is
consistent with the General Plan.
b. The building and property at 2940 Westminster Avenue are
adequate in size, shape, topography and location to meet the needs of the proposed
use of the property.
C. Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
d. The proposed business operation of an Extended Hour Business
on a 24 -hour basis, as proposed to be conditioned, is compatible with the character of
the surrounding neighborhood. Adherence to conditions of approval placed on the use
by the City of Seal Beach will mitigate any negative impacts to neighboring residents.
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
12
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 11 -8, subject to the following conditions:
Conditional Use Permit 11 -8 is approved for a 24 -hour business operation at
2940 Westminster Avenue, Seal Beach.
2. A security plan, detailing security features and systems located on the premises,
exterior lighting plans, and landscaping site plans shall be submitted to the
Department of Development Services for review and approval prior to issuance
of a Certificate of Occupancy.
3. A surveillance camera that provides a clear view of the area in and around the
main entrance to the business shall be required.
4. No alcoholic beverages shall be served or sold on the premises.
5. 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.
6. A grease trap /interceptor shall be provided for the restaurant, in accordance with
the standards of Chapter 9.25 of the Seal Beach Municipal Code, "Fats, Oil and
Grease Management and Discharge Control," as part of the building plan check
process for the necessary tenant improvements and issuance of the certificate of
occupancy for said restaurant use.
7. A minimum of one armed security guard, P.O.S.T. certified, shall remain on duty
during all hours from 12:01 A.M. to 6:00 A.M. that the business is open. The
Planning Commission may waive or modify the security guard requirement if an
alternative method is determined to be acceptable in meeting the intent of this
subsection and upon recommendation of the Police Chief.
8. A minimum of two (2) employees (in addition to any required security guard) shall
be on duty at all times between the hours of 12:01 A.M. and 6:00 A.M. that the
business is open or employees are present. The Planning Commission may
authorize only one (1) employee after determining that the employee will operate
the business from an adequately secured facility and upon recommendation of
the Police Chief.
9. Upon receiving any combination of three (3) substantiated complaints from three
(3) different residences within 300 feet of the extended hour business within one
(1) calendar year concerning noise, hours of operation, and traffic control as
specified in SBMC Section 11.4.05.055, or at the discretion of the Director or the
CUP 11-8: PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
13
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
Planning Commission, the Planning Commission shall review the extended hour
business operation at a noticed public hearing conducted in accordance with the
procedures outlined in Chapter 11.5.10.
10. A modification of this Conditional Use Permit shall be obtained when:
a. There is a substantial change in the mode or character of
operations of the establishment which occur between the hours of
12:01 AM and 6:00 AM.
b. The establishment proposes to modify any conditions of approval
of this Conditional Use Permit.
11. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit if any violation of the approved conditions occurs, any violation of the
Seal Beach Municipal Code occurs, or for those reasons specified by Title 11 of
the Seal Beach Municipal Code.
12. In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the Seal
Beach Municipal Code, to require the provision of additional security measures.
13. This Conditional Use Permit shall become null and void unless exercised within 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 90 days
prior to such expiration date.
14. This Conditional Use Permit shall not become effective for any purpose unless
an "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 10 day appeal period has elapsed.
15. 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,
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
14
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
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.
16. Failure to comply with any of these conditions may result in 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 day of
, 2011, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa - Lavitt
Chairwoman of the Planning Commission
Mark Persico, AICP
Secretary of the Planning Commission
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
15
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
ATTACHMENT 2
RESOLUTION NUMBER 11 -22, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING PLANED SIGN
PROGRAM 11 -1, PERMITTING AN EXCEPTION
TO THE NUMBER OF FREESTANDING SIGNS
AT 2940 WESTMINSTER AVENUE, SEAL BEACH
CUP I1 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
16
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
RESOLUTION NUMBER 11 -22
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING PLANNED SIGN PROGRAM 11 -1,
PERMITTING AN EXCEPTION TO THE NUMBER
OF FREESTANDING SIGNS AT 2940
WESTMINSTER AVENUE, SEAL BEACH
(DENNY'S RESTAURANT).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On June 15, 2011, WKS Seal beach, LP ( "the applicant ")
submitted an application to the City of Seal Beach Department of Development
Services for Planned Sign Program 11 -1.
Section 2 . The applicant is requesting approval to allow exterior
signage in excess of what the Zoning Code allows for commercial businesses at 2940
Westminster Avenue. The proposed Planned Sign Program will be in conjunction with
a proposed new Denny's Restaurant.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Planned Sign Program 11 -1 for the
requested land use entitlements at a proposed new restaurant is categorically exempt
from review pursuant to the California Environmental Quality Act.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on July 20, 2011, to consider the application for PSP 11 -1. The Planning
Commission considered all evidence presented, both written and oral regarding the
subject application.
Section 5 . The record of the hearing of July 20, 2011, indicates the
following:
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
17
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
a. On June 15, 2011, the applicant submitted an application to the
City of Seal Beach Department of Development Services for Planned Sign Program 11-
1.
b. The applicant is requesting approval to allow exterior signage in
excess of what the Zoning Code allows for commercial businesses. The proposed
Planned Sign Program will be in conjunction with a proposed new Denny's Restaurant.
C. The subject property is located at 2940 Westminster Avenue.
d. The subject property is approximately 4,000 square feet in size.
e. The nearest residential properties are located approximately 200
feet to the northeast, across Westminster Avenue, within the Leisure World Community.
f. The surrounding land uses and zoning are as follows:
❑ NORTH — Commercial uses within the Service Commercial (SC) zone and
General Commercial (GC) zone; Multiple family residential properties
within the Residential High Density — Planned Development (RHD -PD)
zone.
❑ EAST— Commercial uses within the General Commercial (GC) zone.
❑ SOUTH — Military uses within the Military (MIL) zone.
❑ WEST — Commercial uses within the General Commercial (GC) zone.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §11.5.20 of the Seal Beach
Municipal Code, the Planning Commission makes the following findings:
a. PSP 11 -1 is consistent with the provisions of the Land Use Element
of the City's General Plan, which provides a General Commercial use designation for
the subject property. 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, the proposed use is consistent with the General
Plan.
b. The building and property at 2940 Westminster Avenue are
adequate in size, shape, topography and location to meet the needs of the proposed
use of the property.
C. Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
d. The proposed Planned Sign Program, as proposed to be
conditioned, is compatible with the character of the surrounding neighborhood.
CUP I I -S: PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
18
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20. 2011
Adherence to conditions of approval placed on the use by the City of Seal Beach will
mitigate any negative impacts to neighboring residents.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Planned Sign Program, subject to the following conditions:
Planned Sign Program 11 -1 is approved for Denny's Restaurant located at 2940
Westminster Avenue. The Planned Sign Program includes the following
categories of approved signs:
a. Three wall mounted cabinet signs with a total sign area of 86 square feet;
b. One monument sign with a total sign area of 100 square feet (50 square
feet per face);
C. One pylon sign with a total sign area of 64 square feet (32 square feet per
face).
2. Any new signs or substantial deviation from the program approved herein by the
City must be approved through an amendment to this Planned Sign Program.
3. Any window signage shall comply with Section 11.4.25.010.E of the Seal Beach
Municipal Code.
4. There shall be no signage or lettering affixed to or displayed from exterior
awnings.
5. Any temporary banners shall comply with Section 11.4.25.020 of the Seal Beach
Municipal Code.
6. This Planned Sign Program 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 10 calendar -day appeal
period has elapsed.
7. This Planned Sign Program shall become null and void unless exercised within 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 90 days
prior to such expiration date.
8. 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
CUP 11 -8; PSP 11-1 2940 Westminster Avenue. PC Staff Report (Denny's)
L
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
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.
APPROVED AND ADOPTED by the Plar
ach at a meeting thereof held on the
, 2011, by the following vote:
Mark Persico, AICP
Secretary of the Planning Commission
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
ATTACHMENT 3
PROJECT APPLICATION
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
21
City or
OFFICE USE ONLY
Application for: (Check one or more)
Conditional Use Permit (CUP)
❑ Minor Use Permit (MUP)
❑ Variance (VAR)
Ell Zone Text Amendment (ZfA)
❑ CPA /Zone Change
❑ Other
Hearing On 'If
PC Mtg. Date: \
JUN I-
Departm;.
Aevelopme i, :_ nS
CITY OF SEAL
PUBLIC HEARING
APPLICATION
9. Proof of Ownership
Please attach a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by
the applicant.
3 of 10 Rev. 12/9/10
( I\— � FOR OFFICE USE ONLY
Application No.: C tkP �A--$" Resolution No.:
1.
Property Address: 9 y o Tm / ESL t3L1/
2.
County Assessor Parcel No- 09,5'-992-- og
3.
Applicant Name: W K-S S (. � � �- AT7r ' lZ"ND
Address: of Q f'
X 107 `
Phone: Work 3S4- 1 2-7- Mobile: 7b So
E -Mail Address: o_,, i w �_Sc_D ce • b Z
4.
Property Owner
Address: 1 - 7r 5D• L- A v45;% , ' U E SyiTe 20R
GA
Phone: Work (� 21, ) 5n. Zg28 Mobile: ( )
R 1 1v1
E -Mail Address: kC✓i n .hill 0 C (ore • Co /V%
5.
General Plan and Zoning Designation: C,-9, , a` Ccann,w_)r''C,+ a,
6.
Present Use of Property: T?_ —STW 0 A T
7.
Proposed Use of Property: 2q I - 7 7>QV rJ �/ S X FSTAV"F,%j
8.
Request For: kov 17 Jew., P� �''�K� Dam
hou K a n nR.d Sign P r&j C (2L rn
9. Proof of Ownership
Please attach a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by
the applicant.
3 of 10 Rev. 12/9/10
City of Seal Beach
Public Hearing Application Form
Signed and notarized Property Owner's Affidavit to be completed and attached to the
application.
10. Legal Description (or attach description from Title or Grant Deed):
B y :
(Signature of Appl ant)
fi ' ovv � ( Sfm4 �3l wc-G
(Pint Name)
(r�i 3�r1
(Date)
4 of 10 Rev. Jan. 2011
((Pint ame)
(Date)
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
ATTACHMENT 4
LETTER RECEIVED IN OPPOSITION TO CUP 11 -8
CUP 11-8; PSP 11-1 2940 Westminster Avenue. PC Staff Report (Denny's)
22
MUTUAL TWO
A LEISURE WORLD, SEAL BEA CM CA
CORPORATION
To: The City of Seal Beach City Council
From: Margarita Bahr, President- Mutual Two
Date: July, 2011
Re 24 hour conditional permit application at Primrose restaurant location
Ladies and Gentlemen
Dr. Carol Franz has addressed the City Council of Seal Beach on numerous occasions. I, Margarita Bahr,
the President of Mutual Two have requested that she be the spokesperson for Mutual Two on this date.
Our mutual borders the Westminster wall from the post office down to the first flood control drainage,
and is also across from the closed Primrose Restaurant and small strip mall. It has come to our attention
that there has been a request from a business to open a 24 hour restaurant in the old Primrose location.
Many us in the Leisure World community would welcome more interesting upscale restaurant offering
higher quality and interesting food but do not welcome the concept of another hour fast food, cafe
style offerings in this location for 24 hours.
Our mutual has been subjected to the expansion of the industrial park and its increased traffic over a 24
hour period, at present this traffic has increased because of freeway construction and now there is a
request for a 24 hour use restaurant. We think NOT.
Additionally has the City Council, which knows that we have need of a grocery store considered a small
scale grocery market in the Primrose location. While there is limited parking the L.W. buses could
deliver those from L.W. who do not drive, and this would be more acceptable in a location with limited
parking.
Please consider Dr. Franz's appeal as we Seal Beach residents expect our quality of life to equal that of
the other sidents of this lovely cit
Margarita ahr, M.A., R.D., C.L.C., retired
President Mutual Two, Leisure World
Planning Commission Staff Report
Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue
July 20, 2011
ATTACHMENT 5
PROJECT PLANS
CUP 11 -8; PSP 11 -1 2940 Westminster Avenue. PC Staff Report (Denny's)
23