HomeMy WebLinkAboutPC Res 11-21 - 2011-07-20RESOLUTION NUMBER 11 -21 O��G/
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 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 Conditional Use Permit 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.
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.
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Planning Commission Resolution No. 11 -21
Conditional Use Permit 11 -8
2940 Westminster Avenue (Denny's)
July 20, 2011
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. Conditional Use Permit 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.
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Planning Commission Resolution No. 11 -21
Conditional Use Permit 11 -8
2940 Westminster Avenue (Denny's)
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. The Zoning Code requirement for one armed security guard to be on the
premises between the hours of 12:01 A.M. to 6:00 A.M. is hereby waived, per the
recommendation of the Police Chief. In the event that security issues arise on
the premises in the future, the Police Chief reserves the right to implement
additional security measures, up to and including the requirement for an armed
security guard, as appropriate.
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
Planning Commission, the Planning Commission shall review the extended hour
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Planning Commission Resolution No. 11 -21
Conditional Use Permit 11 -8
2940 Westminster Avenue (Denny's)
July 20, 2011
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,
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.
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Planning Commission Resolution No. 11 -21
Conditional Use Permit 11 -8
2940 Westminster Avenue (Denny's)
July 20, 2011
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 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, CP
Secretary, Planning Commission
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Sandra Massa -Lavitt
Chairperson, Planning Commission