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Home My WebLink AboutPC Res 11-22 - 2011-07-20RESOLUTION NUMBER 11 -22 O A RESOLUTION OF THE PLANNING PZ�j�� COMMISSION OF THE CITY OF SEAL BEACH APPROVING PLANNED SIGN PROGRAM 11 -1, �l 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 Planned Sign Program 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: 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 1 of 4 Planning Commission Resolution No. 11 -22 Planned Sign Program 11 -1 2940 Westminster Avenue (Denny's) July 20, 2011 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. Planned Sign Program 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. Adherence to conditions of approval placed on the use by the City of Seal Beach will mitigate any negative impacts to neighboring residents. 2 of 4 Planning Commission Resolution No. 11 -22 Planned Sign Program 11 -1 2940 Westminster Avenue (Denny's) July 20, 2011 Section 7. Based upon the foregoing, the Planning Commission hereby approves Planned Sign Program, subject to the following conditions: 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. Two wall mounted cabinet signs with a total sign area of 64 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 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 3 of 4 Planning Commission Resolution No. 11 -22 Planned Sign Program 11 -1 2940 Westminster Avenue (Denny's) July 20, 2011 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of July 2011, by the following vote: AYES: Commissioners Massa- Lavitt, Cummings, Everson, and Galbreath NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Mark Persico, Secretary, Planning Commission 4 of 4 Sandra Massa -Lavitt Chairperson, Planning Commission