HomeMy WebLinkAboutPC Res 16-20 - 2016-09-06RESOLUTION NO. 16 -20
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE
PERMIT 16 -5 TO ALLOW THE OPERATION OF A
NEW RESTAURANT AND SEAFOOD DELI WITH AN
ENCLOSED PATIO DINING AREA AT 207 1/2 MAIN
STREET
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. Joe Tomasello submitted an application to the City of Seal Beach
Community Development Department for Conditional Use Permit (CUP) 16 -5 to allow
the operation of a new restaurant and seafood deli with an enclosed patio dining area at
207 1/2 Main Street (the "subject property "), located in the Main Street Specific Plan
(MSSP) Zone.
Section 2. This project is determined to be a Class 3 (Conversion of Small
Structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for
the operation of a new restaurant and seafood deli, where minor modifications are
required for the renovation.
Section 3. A duly noticed public hearing was held before the Planning
Commission on September 6, 2016 to consider the application for CUP 16 -5. At the
public hearing, the Planning Commission received and considered all evidence
presented, both written and oral, regarding the subject application. The record of the
public hearing indicates the following:
A. The subject site is on the west side of Main Street between Central
Avenue and Electric Avenue. The subject site consists of a 2,937 square -feet (0.06
acre) parcel with an existing two -story 1,850 square foot commercial building with two
tenant spaces. The subject site is surrounded by commercial uses to the north, south
and east, while there are residential uses to the west across an alley. The subject
property is located in the Main Street Specific Plan (MSSP) area.
B. The proposed new restaurant and seafood deli requires
modifications to the existing building to create the kitchen preparation area, restrooms,
display areas, service areas, and enclosed patio dining area. The proposed restaurant
will occupy the first floor which consists of 1,250 sq. ft.
Section 4. Based upon the facts contained in the record, including those
stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of
the Code of the City of Seal Beach, the Planning Commission makes the following
findings:
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Resolution No. 16 -20
207 1/2 Main Street
A. The proposed operation of the restaurant in conjunction with a
seafood market is consistent with the General Plan. The General Plan specifies that the
Service Commercial Land Use designation encourages commercial areas to provide a
broad range of retail and service needs for the community. The new use of the subject
site as a restaurant with an enclosed patio dining area along with the seafood deli, the
restaurant with the deli can offer its customers a variety of food items to either eat on
site or take home.
B. The proposed use complies with applicable provisions of the
Municipal Code and the Main Street Specific Plan. The Municipal Code and the Main
Street Specific Plan allows for restaurant uses with approval of a Conditional Use
Permit. The proposed restaurant is in compliance with all other applicable provisions of
the Municipal Code.
C. The subject site is physically adequate for the proposed use. The
restaurant with the enclosed patio dining area will require interior alterations that are
consistent with interior tenant improvements conducted in commercial areas. The
proposed use, along with the existing retail space, requires a total of 14 parking stalls.
The subject site will provide two parking spaces on site, and is deficient by 12 parking
spaces. The Seal Beach Municipal Code recognizes participation in the Main Street
Specific Plan District In -Lieu Parking Program. The program permits all or part of the
parking space requirements to be satisfied by compliance with this program. Because
the subject site does not have any physical parking spaces to serve the proposed
parking spaces required for the restaurant use, the applicant will be required to
participate in the parking in -lieu program in order to be in compliance with all parking
requirements. The applicant will be required to pay an in -lieu fee for 12 parking spaces
as the proposed use will require 12 additional parking spaces above the 2 parking
spaces on site. The applicant will pay a total In -Lieu Parking Fee of $42,000.00 to be
paid over a period of six months, in monthly installments of $7,000.00 with the first
payment due prior to issuance of Certificate of Occupancy. All subsequent payments
shall be considered due on the thirtieth day following the last payment. In addition, the
applicant shall be required to execute and record a covenant setting forth its obligation
to pay the in -lieu parking fee in accordance with the terms of this Resolution.
D. The location, size, design, and operating characteristics of the
proposed restaurant with the enclosed patio dining area would be compatible with the
surrounding uses and will not adversely affect those uses or properties in the
surrounding areas. The existing building complies with the height, and setback
requirements of the Main Street Specific Plan zoning area and conditions have been
included in this resolution to ensure operation of this use maintains compatibility with
the surrounding uses. The proposed hours of operation for the restaurant will be 10:30
AM to 9:00 PM seven days a week.
E. The establishment, maintenance, and operation of the proposed
new restaurant/seafood deli with an enclosed patio dining area would not be detrimental
to the health, safety, or welfare of persons residing or working in the vicinity. Conditions
have been included to this resolution to ensure that the use will comply with the
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Resolution No. 16 -20
207 1/2 Main Street
Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not
create adverse impacts upon adjacent uses. The property will be consistent with the
surrounding uses in the Main Street area which consists of a mix of retail, service and
restaurant uses. The noise levels generated by the operation of the site would not
exceed the level of background noise normally found in the area as there will not be
music associated with the business, only normal conversations while dining. In the
event that complaints are received in the future, the Planning Commission reserves the
right to reconsider the operation of the business and the conditions of approval.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves CUP 16 -5 to permit the operation of a restaurant/seafood deli and enclosed
patio dining area within an existing commercial building, at 207 1/2 Main Street, subject
to the following conditions.
1. Conditional Use Permit 16 -5 is approved to permit a new restaurant/seafood deli
with an enclosed patio dining area at 207 1/2 Main Street.
2. The premises of the restaurant must be in substantial compliance with the plan
submitted with the application and maintained on file with the Community
Development Department date stamped July 11, 2016.
3. The applicant is required to pay an In -Lieu Parking Fee of $42,000.00, in
accordance with the Main Street Specific Plan District In -Lieu Parking Program.
The $42,000.00 shall be paid over a period of six months, in monthly installments
of $7,000.00. The initial installment must be paid to the City prior to issuance of
Certificate of Occupancy; and all remaining payments will be considered due on
the thirtieth day following the last payment.
4. A Covenant and Agreement for the payment of the $42,000 In -Lieu Parking Fee,
including but not limited to all installment payments, must be signed by the
applicant and recorded on the property no later than October 1, 2016. The
Covenant and Agreement shall be in the form required by the City. No building
permits shall be issued for any improvements or other work on the subject
property until the Covenant and Agreement has been executed and recorded in
accordance with this condition.
5. The hours of operation shall be 10:30 AM to 9:00 PM seven days a week.
6. No video games or similar amusements shall be permitted on the premises.
7. In the event staff determines security problems exist on the site, the Conditions
of this permit may be amended to require the provisions of additional security
measures.
8. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
9. There shall be no dumping of trash outside and /or glass bottles outside the
establishment between the hours of 10:00 P.M. and 7:00 A.M.
10. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal
Beach Municipal Code. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
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Resolution No. 16 -20
207 12 Main Street
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
11. Any proposed alterations or upgrades to the restaurant will require review and
approval from the City of Seal Beach Planning Division.
12. A modification of this CUP must be applied for when:
a. The establishment proposes to modify any of its current Conditions of
Approval.
b. There is a substantial change in the mode or character of operations of
the establishment.
13. The Planning Commission reserves the right to revoke or modify this CUP if any
violation of the approved conditions occurs, any violation of the Code of the City
of Seal Beach occurs.
14. 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.
15. The Planning Commission reserves the right to revoke or modify this CUP if
harm or operational problems such as criminal or anti - social behavior occur.
Examples of harmful or operation behaviors include, but not limited to, violence,
public drunkenness, vandalism, solicitation and /or litter.
16. The establishment shall have a public telephone listing.
17. Litter and trash receptacles shall be located at convenient locations inside the
establishment and operators of such establishments shall remove trash and
debris on an appropriate basis so as not to cause a littering, sanitation or other
health or safety problem.
18. There shall be no live entertainment, amplified or unamplified music, or dancing
permitted on the premises at any time, unless all requirements of Seal Beach
Municipal Code Section 11.4.05.010.D or any successor ordinance have been
met.
19. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Community
Development Director.
20. Failure to comply with any of these conditions or a substantial change in the
mode or character of the residence shall be grounds for revoking or modifying
this CUP approval.
21. This CUP shall not become effective for any purpose unless /until a City
"Acceptance of Conditions" form has been signed and notarized by the applicant
before being returned to the Planning Department; and until the ten (10) calendar
day appeal period has elapsed.
22. The applicant is required to obtain all required Building and Safety permits prior
to tenant improvements, construction or demolition.
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Resolution No. 16 -ZD
207 112 Main Street
23. Approval of this request shall not waive compliance with all sections of the
Municipal Code, or all other applicable City Ordinances in effect at the time of
building permit issuance.
24. This CUP shall become null and void unless exercised within one 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 Community Development Department at least ninety days prior to such
expiration date.
25. The applicant must indemnify, defend, and hold harmless City, its officers,
agents, and employees (collectively "the City" hereinafter in this paragraph) 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.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on September 6, 2016, by the following vote:
AYES: Commissioners T
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
N �tirr- �-r-en
Esther Cummings
ATT S�: Chairperson
`-I I Jim Basham
Planning Commission Secretary
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