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Home My WebLink AboutPC Res 07-07 - 2007-03-21 RESOLUTION NUMBER 07-7 O~,0 6'~ '4< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO 07-2, APPROVING THREE, FOUR-SEAT TABLES WITH UMBRELLAS FOR OUTDOOR DINING USE AT AN EXISTING MARKET AT 12470 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE' SectIOn 1 On January 12, 2007 ChrIstopher Ko of Ralph's Market (the Kroger Company, Western DIvlSlon) filed an applIcatIOn for CondItIOnal Use PermIt 07-2 WIth the Department of Development ServIces SectIOn 2 The applIcant IS requestmg approval to permIt three, four- seat tables WIth umbrellas for outdoor dmIng use at the eXIstIng Ralph's Market located m the Old Ranch Towne Center shoppmg center SectIOn 3 Pursuant to 14 CalIf Code of Regs S 15025(a), staff prepared an InItIal Study and a Draft EnVIronmental Impact Report (DEIR), to study the envIronmental Impacts arISIng from the proposed BIxby Old Ranch Towne Center Development Plan and related General Plan amendments The DEIR was CIrculated for publIc reVIew and comment from AprIl 15, 1998 to May 29, 1998, In complIance WIth the provlSlons of the CalIfornIa EnVIronmental Quahty Act (CEQA) and the CIty'S Local CEQA GUIdelInes Upon completIOn of the publIc reVIew perIod, a Fmal EnVIronmental Impact Report was revIewed by the PlannIng CommIssIon at a public hearmg held on September 9, October 21, and November 4, 1998 After the publIc hearIng, the Plannmg CommIssIOn found, through the adoptIOn of PlannIng CommISSIon ResolutIon No 98-37 that the BIxby Old Ranch Towne Center Development Plan Fmal EnVIronmental Impact Report (EIR) IS adequate under CEQA After conSIderIng the FInal EIR and publIc testImony thereto at a publIc hearIng on November 9 and November 17, 1998, the CIty CouncIl adopted CIty CouncIl ResolutIOn No 4660, certIfYIng the FInal EIR and adoptIng a statement of ovemdmg conSIderatIons On August 23, 1999, the CIty CouncIl conducted a publIc heanng to conSIder reVlSlons to the EIR and a statement of overrIdIng conSIderatIons pursuant to the August 3, 1999 wnt Issued by the Orange County SuperIor Court The approval of thIS resolutIOn IS WIthIn the scope of the proJect analyzed m the Z \L Whlttenberg\My Documents\RESO\CUP 07-2 I 2470SBB (Ralphs) PC Reso doc\LW\03-22-07 Planning CommissIOn ResolutIOn 07-7 Condltlonal Use Permit 07-2 12470 Seal Beach Boulevard (Ralph's Market) March 21,2007 Fmal EIR, as revIsed, and CIty CounCIl ResolutIOn No 4728 IS hereby mcorporated by thIS reference SectIOn 4 A duly notIced publIc hearIng was held before the PlannIng CommIssIOn on March 21, 2007, to consIder the applIcatIOn for CondItIonal Use PermIt No 07-2 At the publIc hearIng the PlannIng CommIssIon receIved Into wrItten and oral eVIdence on the proposed proJect SectIOn 5 IndIcates the followmg The record of the publIc hearIng of March 21, 2007 a On January 12, 2007 ChrIstopher Ko of Ralph's Market (the Kroger Company, Western DIvISIOn) filed an applIcatIOn for CondItIonal Use PermIt 07-2 WIth the Department of Development ServIces requestIng approval to permIt three, four- seat tables WIth umbrellas for outdoor dInmg use at the eXIstIng Ralph's Market located In the Old Ranch Towne Center shoppIng center b The eXIstmg market IS located at the southeast corner of the Old Ranch Towne Center and does not dIrectly face any reSIdentIal area To the west, across Seal Beach Boulevard, In the C-2 zone also, IS Rossmoor Center The nearest homes to the requested outdoor seatmg are at the corner of Seal Beach Boulevard and St Cloud DrIve, approxImately 650 feet to the southwest of the supermarket C SurroundIng land uses and zOnIng are as follows. NORTH 75 SIngle famIly detached houses approved and developed as part of the Old Ranch Towne Center ProJect In the RMD Zone SOUTH BIxby Old Ranch Towne Center Golf Course m the R-G Zone EAST BIxby Old Ranch Towne Center Golf Course m the R-G Zone WEST Rossmoor Shoppmg Center, across Seal Beach Boulevard, m the C-2 Zone d The CIty CouncIl has approved resolutIons and adopted ordmances whIch approved requests by the BIxby Ranch Company for General Plan amendments, zone changes, subdIvIsIon map approvals and development agreement approvals to conform the General Plan land use deSIgnatIOns and ZOnIng of the subJect area to conform to the proposed uses of land set forth m thIS applIcation for condItIonal use permIt approval CUP 07-2 I 2470SBB (Ralphs) PC Reso 2 Planning CommissIOn ResolutIOn 07-7 ConditIOnal Use Pernllt 07-2 12470 Seal Beach Boulevard (Ralph's Market) March 21, 2007 e The "MltlgatlOn Momtormg Program" establIshes a number of specIfic actIOn measures whIch have been Implemented to reduce the IdentIfied envIronmental Impacts of the shoppmg center development to a level of mSIgnIficance m relatIOn to thIS development applIcatIOn The applIcable mItIgatIOn measures are condItIons of approval for SIte Plan RevIew 98-1 (92 mItIgatIOn measures), and are mcorporated hereIn by reference f The Old Ranch Towne Center shoppIng center complIes WIth all CIty standards regardIng mInImum lot SIze, bUIldIng setbacks, lot coverage, bUIldIng heIght (except for those archItectural features that obtaIned heIght vanatIOn approval), landscapmg, and parkIng reqUIrements g The Plannmg CommIssIOn has approved requests for outdoor dmmg at the follOWIng locatIOns m Old Ranch Towne Center o Daphne' Greek Restaurant (CondItIonal Use PermIt 01-14) o RubIO'S BaJa GrIll (CondItIonal Use PermIt 01-16) o Starbuck's (CondItIonal Use PermIt 01-13) o PIck-Up-StIx (CondItIonal Use PermIt 01-15) o Togo's/BaskIn RobbIns (CondItIonal Use PermIt 02-5) SectIOn 6 Based upon the facts contamed In the record, IncludIng those stated In S5 of thIS resolutIOn and pursuant to SS 28-1300, 28-2504-2508 of the CIty'S Code, the PlannIng CommIssIOn makes the followmg findIngs a CUP No 07-2 IS conSIstent WIth the prOVlSlons of the Land Use Element of the CIty'S General Plan, whIch proVIdes a "general commercIal" desIgnatIon for the subJect property and permIts outdoor dInmg areas subJect to the Issuance of a CondItIonal Use PermIt The use IS also conSIstent WIth the remaInmg 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 bUIldmg and property at Old Ranch Towne Center are adequate In SIze, shape, topography and locatIon to meet the needs of the proposed use of the property ReqUIred adherence to applIcable bUIldIng and fire codes ensure there wIll be adequate water supply and utIlItIes for the proposed use c The Old Ranch Towne Center shoppIng center has preVIOusly been approved for outdoor dInmg areas at 5 other locatIOns wIthm the shoppIng center and no complamts have been receIved by the CIty regardmg those outdoor dUllng locatIOns and bUSIness operatIOns d The requested outdoor seatIng area, If properly condItIoned and enforced, IS compatIble WIth the character of the surroundIng area Adherence to CUP 07-2 12470SBB (Ralphs) PC Reso 3 Plannmg Commission ResolutIOn 07-7 ConditIOnal Use Permit 07-2 12470 Seal Beach Boulevard (Ralph's Market) March 21, 2007 condItIons of approval placed on the use by the CIty of Seal Beach would mItIgate any negatIve Impacts to neIghborIng resIdentIal propertIes SectIOn 7 Based upon the foregOIng, the PlannIng CommIssIOn hereby approves CondItIonal Use PermIt No 07-2, subJect to the folloWIng condItIOns 1 CUP 07-2 IS approved for three, four-seat tables wIth umbrellas for outdoor dmIng use at the eXIstIng market at 12470 Seal Beach Boulevard 2 The applIcant shall contInue to comply WIth all provlSlons of CondItIonal Use PermIt 00-9 3 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 ten (l0) day appeal penod has elapsed 4 A modIficatIOn of thIS CondItIonal Use PermIt shall be obtamed when (a) The establIshment proposes to change the locatIOn or number of seats avaIlable at the outdoor seatmg area (b) The establIshment proposes to modIfy any of ItS current condItIons of approval ( c) There IS a substantIal change In the mode or character of operatIOns of the establIshment 5 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 Code of the CIty of Seal Beach, occurs, or for those reasons specIfied by ArtIcle 28, and m the manner specIfied m ArtIcle 25, of Chapter 28 of the Code of the CIty of Seal Beach 6 In the event staff determmes 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 7 LItter and trash receptacles shall be located at convenIent locatIOns adJacent to the outdoor seatmg area, and the operator of the establIshment shall remove trash and debrIS on an approprIate baSIS so as not to cause a health problem There shall be no dumpIng of trash and/or glass bottles outSIde the establIshment between the hours of 10 00 P M and 7 00 A M 8 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 CUP 07-2 12470SBB (Ralphs) PC Reso 4 Plannmg CommiSSIOn ResolutIOn 07-7 ConditIOnal Use Permit 07-2 12470 Seal Beach Boulevard (Ralph's MOl ket) March 21,2007 permIt for reconsIderatIOn and may reqUIre the applIcant/busIness operator to mItIgate the nOIse level to comply wIth the prOVISIOns of Chapter 7 15 9 ThIs CondItIonal Use PermIt shall become null and vOId unless exercIsed wItrun one (1) year of the date of final approval, or such extensIOn of tIme as may be granted by the Plannmg CommISSIon pursuant to a wntten request for extensIOn submItted to the Department of Development SerVIces a mInImum of nInety (90) days prIor to such eXpIratIOn date PASSED, APPROVED AND ADOPTED by the PlannIng CommIssIon of the CIty of Seal Beach at a meetIng thereof held on the 21 st day of March , 2007 by the folloWIng vote A YES CommIssIOners Bello, Deaton, O'Malley, and Roberts NOES CommIssIOners ABSENT CommIssIOners ABSTAIN CommISSIOners ~~~fhr) ,Ellery Dea n ChaIrperson of the PlannIng CommIssIOn WhIttenberg Secretary of the PlannIng CommIssIOn CUP 07-2 12470SBB (Ralphs) PC Reso 5