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Home My WebLink AboutCC Res 5100 2003-01-27 I I I RESOLUTION NO.~ A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF SEAL BEACH DETERMINING THAT A "WALK-UPffAKE-OUT RESTAURANT WITH LIMITED SEATING" BE ALLOWED WITHIN THE MAIN STREET SPECIFIC PLAN AREA, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, On December 5, 2002, James Markham contacted the City regardmg the possibilIty of operating a walk-up/take-out restaurant with limited seating at the property located at l42-B Main Street, Within the Mam Street Specific Plan zone area of the City, and WHEREAS, City Staff reviewed the mquiry and was uncertam how to claSSify the use on Mam Street, since It was not lIsted as a pennitted u~e, and WHEREAS, Pursllant'to Section 28-2202 of the Code of the Citv of Seal Beach, a heanng was held before the PlalUling Commission on January 8, 2003 to clanfy the ambigUity; and WHEREAS, The Planning Commission considered the request and adopted Planning COIlUll1ssion Resolution 03-1 on January 8, 2003, recommending to the City CounCil that the walk-upltake-out restaurant with lnmted seating land use as defined in Section 28-268 of the mUl11clpal Code be allowed, subject to a conditional use permit, within the Main Street SpeCific Plan area; and WHEREAS, The City Council conSidered this matter and receIved public comments and the recommendallon of the Plannmg COlIumSSlOn on January 27, 2003; lInd WHEREAS: Based upon tlIe facts contained in the record, includmg those staled above, and pursuant to ~~ 28-1250.13.17 and 28-2202 ofthe City's Code, the City CounCil hereby tinds: 1. A "walk-up/take-out restaurant with lImited sealing" land use is not specified Within the Main Street Specific Plan Zone land uses in Section 28-1250. The code does, however, penlllt the I'lannlllg Commission the discretion to acknowlcdge one use as bemg predommantly similar to another under the proviSIOns of Sections 28- 1250 and 28-2202. Also, the Code permits a Take-OuIlWalk-Up RestaUlant within the C-l zoning, subject to a condltionalu~e permit 2 In 1993, the Plannmg Commission heard a case similar 10 thIS one on Main Street, at 123\4 Main Street, which at the time was zoned C-1. The Commission lesolved that a bakery to be located at 123 \4 Main SlIeet should be considered to be a walk-up/take out restuurant and the Commission recommended to the City CounCil that the use be pemlitted. The City Council conculTed witlI t1lat detennination. 3. In January and February 2000, under the provisions of the Main Street Specific Plan and the Main Street SpeCific Plan zonlllg plovlsions, the Planning Commission and ultimately the City Council considered a Resolution Number ~ similar request. At that time tlIe Planning CommiSSIOn and City Council deteTlnined that a walk-up/take-out restaunmt without seating, as defined in Section 28-268 of the Code of the CltV of Seal Beach he allowed subject to approval of a Conditional Use Permit Within the Main Street Specific Plan zone. 4. This request very closely parallels the January/February 2000 detenninations of the Planning CommiSSIOn and City Council, except that the request is to expand the definition to allow a limited seating capacity Within the walk-up/take-out restaurant faCility. The Mam Street Specific Plan zone, as modified by the JanuarylFebruary 2000 detell11inations of the Planning Commission and City CuunclI, did not allow for walk-up/take-out restaurants with limited seatmg at all within the zone. I 5. The City Council finds that thiS use most closely parallels the Co/Tee House/Desert Shop use with a limitation as to the number of seats cunently pemlllted by right in the Main Street Specific Plan zone, II the size of the business is less than 1,000 square feel. The cofTee house/desert shop type of businesses were detennined tu be more silmlar to a retail use, as the main customer base is expected to he persons who are commg to Mam Street for some other pm pose than to purchase just coffee 01 a desert Under this expectatIOn, It IS assumed that the food service business IS not a primary destlnal1ol1 point, and that no addll10nal substantial parkmg denland IS placed on the eXisting parking availahle on Mmn Streel. 6. The CIty Council finds that a Conditional Use Permit (CUP) would be nece~sary before any operalion would be allowed to commence for said hmd use The CUI' process allows a) pubhc nolificalion to plOperty owners and occupants of all propeliies within 300 feet of a requested property localion; b) conducting a pubhc lIearmg before the 1'laD1ling Commission; c) the ability of the Plannmg COlnmission to conSider each request on its individual ments, operation characteristics, and potential impacts to the surrounding properties and community; 4) the ablhty of the Planning ComnllSSlOn to Impose site speCific conditions to effectively mitigate potential negative impacts of the lequested land use upon adJoining propCliies, and 5) the ablhty of the Planning Commission to deny a request if the Commission deternnnes negative impacts cannot be adequately mlhgated hy Imposil1on of conditions. I 7. The proposed use would be a benefiCial use to the area m that very few lood estabhshments of this nature are present on Mam Street This use would allow the provIsion of addilional food service restaurants to serve beach going customers and other Visitors to the Main Street area a less expensive meal than some of the other eatmg estabhshments in the area. 8. Tlus land use Will not create parking plObfems above and beyond the 1 space for 500 square feet requirement cUlTently placed on coffee lIouses/desert shops and other mainly retml sale bnsinesses within the . Main Street Specific Plan area. ThIs is hased on the belief that take out restaurants with limited seating serve a clIentele wlllch IS already plesent on Main Street for another purpose; i.e, to allend the beach, or shop or conduct business along Mam Street. I 9. This detelll1ination would be consistent With the provisions of the Land Use Element of the City's General Plan, which provl(les a "Main Street Specilic Plan" deslgnal10n for the subject area and peTlmts a coffee house/desert shop witlI less t11an 10 seats and 1,000 square feet Resolution Number ~tt' I of bus mess area land use by Tight within the Malll Street Specific Plan . zone and SImilar m nature to the previous deten1llnations of the City in Febluary 2000 regal ding the locating of a walk-up/take-out restaurant Without any customer seatmg on Mam Street subJect to approval of a Condlllonal use l'enmt. As such, the lequested land use IS consistent With the "VISIOn Statement" oCthe Mam StJeet Specific Plan Thc use IS also consistent With the remammg elements of the City's General Plan liS the policies of those elements are consIstent with, and reflected in, the Land Use Element and the Main Street Specific Plan. Accordingly, the proposed use is consistent with the General Plan NOW, THEREFORE BE IT RESOLVED, that the City Council hereby detennines that a "Walk-UplTake-Out Restaurants, provided there is sealing for no more than ten (10) customels and the gross square lootage of the establIshment does not exceed 1,000 square feet" land use be allowed wltlun the Main Street SpeCific Plan Area, subject to the issuance of a Condillonal Use Permit. 11le City CmIDcII also concurs with the recommendation of the I'lanmng Commission that said "Walk-UplTake-Out Restaurants" shall not be penl1itted to have a take-out wlIldow oriented towards Main Street. Any such use that may be located facmg Main Street shall have an mterior locatIOn lor any take-out counter or selvice area NOW, THEREFORE DE IT FURTHER RESOLVED, that the Department of Development ServICes IS instructed to ilutiate a Zone Text Amendment to fonl1alize this detenmnutlon of the Clly Council witlun the provisions of the Mam Street Specilic Plan Zone, Section 28-1250 of the Code of the Citv of Seal Beach. AYES. Al}PROVED AND ADOPTED by the City Council , a meeting thereof held on the 2003, by the following vote: the CIty of Seal day of I NOES' ABSENT: ABSTAIN. ~HJ~ John Larson, Mayor I e M~YeO, Ity;Clerk,~ ", ~. , , I t ~ . . , -.......4~_.J'" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY or SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, CalIfornia, do h reby cel tily that the foregoing resolution is an onginal copy of Resolution Number on tile III the Office of the City.Clerk, passed, approved an~d by the y unCll ofthe City of Seal Bcach at a meetlllg thereof held on the .- day 0 2003. nne M. Yeo, City Cler Ity of Seal Beach