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HomeMy WebLinkAboutCC Res 4784 2000-02-14 RESOLUTION NO. !/zgLj I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DETERMINING THAT A "WALK-UP/TAKE-OUT RESTAURANT" LAND USE AS DEFINED IN SECTION 28-268 OF THE CODE OF THE CITY OF SEAL BEACH, IS CONSISTENT WITH THE MAIN STREET SPECIFIC PLAN, SUBJECT TO A CONDITIONAL USE PERMIT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, On December 20, 1999, Rosann Rosandich inquired about opening a Walk- UplTake Out restaurant on Main Street; and WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on Main Street, since it was not listed as a permitted use; and WHEREAS, Pursuant to Section 28-2202 of the Code of the City of Seal Beach, a hearing was held before the Planning Commission on January 19, 2000 to clarify the ambiguity; and I WHEREAS, The Planning Commission considered the request and adopted Planning Commission Resolution 00-6 on January 19, 2000, recommending to the City Council that the walk-up/take-out land use as defined in Section 28- 268 of the municipal 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 reco.mmendation of the Planning Commission on February 14, 2000; ~4 ... '. WHEREAS: Based upon the facts contained in the record, including those stated above, and pursuant to ~~ 28- l250.B. 17 and 28-2202 of the City's ~, the City Council hereby finds: 1. A Walk-Up/Take-Out Restaurant use was permitted along Main Street when the street was zoned service commercial (C- I), prior to adoption of the Main Street Specific Plan. 2. The Walk-Up/Take-Out Restaurant use does not generate nearly as much parking as a drive-in restaurant would generate. As such, the parking ratio for the use should be 1 space for every 500 square feet. ' I 3. The Walk-Up/Take-Out Restaurant use closely resembles the Coffee House/Desert Shop land use classification, which is presently allowed on Main Street, in client bebavior. The customers of these businesses generally take their food elsewhere to consume it and therefor does not have the potential impacts that a drive-in restaurant would have. Resolution Number~~~~ NOW, THEREFORE BE IT RESOLVED, that Walk-UplTake-Out Restaurants use be allowed within the Main Street Specific Plan Area, subject to the issuance of a Conditional Use Permit. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Department of Development Services is instructed to initiate a Zone Text Amendment to formalize this determination of the City Council within the provisions of the Main Street Specific Plan Zone, Section 28-1250 of the Code of the City of Seal Beach. PASSED, APPROVED AND ADOPTED by the City cou~the City of Seal ~t a meeting thereof held on the ,;. _ day of .h.h,n AA1-' 2000, by the following vote: I AYES: Councilmemb s NOES: ABSENT: ""1 Y"".1t' ATfEST: I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, d.v;~ certify that the foregoing resolution is an original copy of Resolution Number n fIle in the Office of the City Clerk, passed, approved and adopted by the City ~~~.2il of the Cit of Seal Beach at a meeting thereof held on the ~ day of 000. M. Yeo, City Clerk of Seal Beach I