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HomeMy WebLinkAboutPC Res 17-13 - 2017-05-15RESOLUTION NO. 17 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT 16 -8 TO PRESERVE A LOCALLY RECOGNIZED HISTORIC STRUCTURE AND ALLOW A THEATER USE WITH A TYPE 69 ABC LICENSE AND OFF -SITE PARKING AT 340 MAIN STREET AND 801 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Property owner Paul Dunlap submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 16- 8 to allow the preservation of a locally recognized historic structure and allow a theater use with a Type 69 ABC License and off -site parking in conjunction with adoption of an Initial Study /Negative Declaration for a property located at 340 Main Street and 801 Pacific Coast Highway. Section 2. Proposed CUP 16 -8 is considered a project pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 at seq. (collectively "CEQA "). Based on the findings of an Initial Study, a Negative Declaration was prepared pursuant to Section 21080(c) of the Public Resources Code. Section 3. The Negative Declaration, including the Initial Study (Appendix A), Air Quality Analysis (Appendix B), Noise Analysis (Appendix C), and Focused Traffic Analysis (Appendix D), were circulated for public review from April 25, 2017 through May 15, 2017. Section 4. The draft Negative Declaration with the proposed project was presented to the Environmental Quality Control Board ( "EQCB ") at a duly noticed public hearing held on May 3, 2017, during the public review period. The EQCB did not recommend any changes or comments to the proposed Initial Study /Negative Declaration. Section 5. Based on the findings of the Initial Study, no significant environmental impacts would result from the proposed project and a Negative Declaration was prepared to analyze potential air quality, biological resources, hazards and hazardous materials, hydrology and water quality and construction noise impacts. No mitigation measures were required as no significant impacts regarding the fore mentioned areas were found. Accordingly, the City intends to adopt a Negative Declaration pursuant to Section 21080(c) of the Public Resources Code. Section 6. A duly noticed public hearing was held before the Planning Commission on May 15, 2017 to consider the proposed Negative Declaration (including Initial Study and related Appendices) and the application for CUP 16 -8, at which time all interested parties were given the opportunity to be heard and to present evidence. At the public hearing, the Planning Commission received and considered all evidence presented, -1 of 9 - Resoluhm 17 -13 340 Main Street & 801 Pacific Coast Highway both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Conditional Use Permit 16 -8 to preserve a locally recognized historic structure and allow a theater use with a Type 69 ABC License (Special On -Sale Beer and Wine Theater) and off -site parking. B. The primary subject site is located on the east side of Main Street, between Pacific Coast Highway and Electric Avenue, and is addressed 340 Main Street. The primary subject site is developed with a three -story, 7,192 sq. ft. commercial building that consists of a first floor theater, second floor projection room and offices, and a third floor residence. C. The primary subject site is non - conforming because it exceeds the 25 ft. building height maximum that was recently adopted in the Main Street Specific Plan area, the building contains a residential use in a commercial area and the property does not provide any on -site parking. D. On September 12, 2016, the City Council adopted Resolution 6685 designating the Bay Theater as a Historic Resource in the City of Seal Beach. E. The Seal Beach Municipal Code ( §11.4.40.055) allows the Planning Commission authority to issue a Conditional Use Permit for deviations from the Municipal Code necessary to preserve, renovate or rebuild any locally recognized historic nonconforming building. F. The applicant proposes to complete interior and exterior improvements to restore the theater to its original use and appearance. The applicant proposes to operate a film and live entertainment theater with a Type 69 (Special On -Sale Beer and Wine) ABC License with operating hours of 10:OOAM to 12:OOAM. G. The Seal Beach Municipal Code ( §11.2.10.010) allows theater uses in the Main Street Specific Plan area with approval of a Conditional Use Permit. City Council Policy 600 -1: Standard Conditions for Alcohol Related Land Uses, allows the Planning Commission to approve a conditional use permit for on -sale beer and wine when necessary as part of the preservation of a local historic structure as designated by City Council Resolution. H. A Traffic Impact Analysis was conducted and determined that the theater use will require 80 parking spaces. The applicant has secured a parking agreement with the secondary subject site located on the northwest comer of Pack Coast Highway and Bolsa Avenue addressed 801 Pacific Coast Highway. The secondary subject site is located within 300 ft. of the primary subject site and will be operated by a professional valet service to park 80 vehicles on the site during the hours that the bank is closed. The applicant will direct all theater patrons directly to the secondary subject site for parking. A loading zone will be provided in front of the theater to accommodate drop -off patrons only and will not be utilized as part of the valet service. The parking agreement will be recorded. -2 of 9- Resolution 17 -13 340 Main Sheet 8 801 Pacific Coast Highway I. The Seal Beach Municipal Code ( §11.4.20.025.6.2) states that a subject site is permitted to provide parking on another lot located within 300 ft. of the use served with the approval of a Conditional Use Permit. J. An Initial Study /Negative Declaration was prepared to evaluate potential impacts of the proposed theater renovation and use. The analysis found that the project would not result in significant impacts and did not require mitigation. Section 7. Environmental Determination. A. The Negative Declaration, including Appendices A through D, collectively attached hereto as Exhibit 1, has been completed in compliance with the CEQA Guidelines. The Planning Commission has independently reviewed and considered the Negative Declaration, all of the public comments, both written and oral, about the proposed Negative Declaration, and all of the other evidence that was presented to the Planning Commission, including the staff reports prepared for the Planning Commission, prior to taking action on the proposed project. The Planning Commission finds that the Negative Declaration was prepared in the manner required by law and that there is no substantial evidence in the record of proceedings that the approval of the project would result in a significant adverse effect upon the environment that would require the preparation of an environmental impact report ( "EIR "). The Negative Declaration adequately discusses the environmental effects of the proposed project. On the basis of the Negative Declaration and comments received during the public hearing process, the Planning Commission finds that the proposed project will not have any significant impacts on the environment. In addition, the Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the California Fish and Game Code. B. For the foregoing reasons, and based on the information and findings included in the record before the Planning Commission, including the staff report, Negative Declaration (including Appendices A through D), and all public comments, all of which are hereby incorporated by reference, the Planning Commission hereby certifies that the Negative Declaration has been prepared in compliance with CEQA, and adopts the Negative Declaration, and all Appendices, which are collectively attached hereto and incorporated herein by this reference as Exhibit "1 ". C. The time within which to seek review of this determination, if any, is governed by the California Environmental Quality Act or other similar shortened period of limitations. Section 8. 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 additional findings: A. The General Plan Land Use Map designates the primary subject property as Commercial -Service and the secondary subject property as Commercial - General. The primary subject site previously operated as a theater and was consistent with the intent of the Main Street Specific Plan by adding to the mix of pedestrian and service oriented uses in the Main Street area. The subject site has a nonconforming status which -3 of 9- Resoloeon 17 -13 340 Main Street & 801 Pacific Coast Highway the Municipal Code ( §11.4.40.055) allows to be preserved, renovated and reconstructed for locally recognized historic structures. The primary subject was designated as a local historic resource by the City Council on September 12, 2016. The secondary subject site will continue to be used for commercial purposes and will be operated by a professional valet service. The Seal Beach Municipal Code ( §11.4.20.025.B.2) permits off -site parking when located within 300 ft. of the use being served and with the approval of a Conditional Use Permit. B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code. The primary subject site is located within the Main Street Specific Plan (MSSP) zone which allows a theater use with approval of a Conditional Use Permit. City Council Policy 600 -1 allows the sale of beer and wine when approved through a Conditional Use Permit in conjunction with the preservation of a locally recognized historic structure. The primary subject site was designated as a local historic structure by the City Council. The secondary subject site will be operated by a professional valet service to serve the parking need for the theater on the primary subject site. The subject sites are located within 300 ft. in compliance with the Seal Beach Municipal Code ( §11.4.20.025.B.2). C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The primary subject site previously operated as a theater and is a use that is conditionally permitted in the Main Street Specific Plan area. The proposed theater use is compatible with the intent of the Main Street Specific Plan which encourages a mix of service uses to enhance a pedestrian atmosphere. The theater will provide visitors to the Main Street area with an additional amenity when they are in the Specific Plan area. Conditions have been incorporated into this resolution to ensure the on -sale beer and wine is consistent with operation of on -sale alcohol in other commercial locations throughout the City. The secondary subject site will continue to operate as a commercial use and will be serviced by a professional valet service. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding businesses. The primary subject site previously operated as a theater use and is a conditionally permitted use in the Main Street Specific Plan zone. The theater hours of operation will be from 10:OOAM to 12:OOAM and the applicant has indicated that the primary hours for film and live entertainment will be in the evening hours while early afternoon will be available for potential community events. The theater use adds to the amenities and services offered in the Main Street Speck Plan area. The acquisition of an off -site parking agreement and professional valet service at the secondary subject site during the hours that the bank is closed will provide relief to parking in the area. E. The establishment, maintenance, and operation of the proposed theater and off -site parking, as conditioned below, will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed theater improvements and use intend to restore the theater to its original use. The subject site -4 of 9- Resolution 17 -13 340 Main Street & 801 Pacific Coast Highway operated as a theater for many years in the Main Street Specific Plan area. The Noise Analysis and Traffic Impact Analysis found that the proposed use would not cause significant impacts to the surrounding area. The conditions related to the on -sale of alcoholic beverages will ensure the primary subject site is consistent with alcohol sales at other commercial locations in the City. Section 9. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 16 -8 to preserve a locally recognized historic structure and allow a theater use with a Type 69 ABC License and off -site parking at 340 Main Street and 801 Pacific Coast Highway, subject to the following conditions: 1. Conditional Use Permit 16 -8 is approved for a theater use with a Type 69 (Special On -Sale Beer and Wine Theater) License at 340 Main Street with off -site parking provide by a professional valet service at 801 Pacific Coast Highway, pursuant to a recorded parking agreement approved by the City. 2. The secondary subject site, located at 801 Pacific Coast Highway, must be serviced by a professional valet service so that the site can accommodate the parking of 80 vehicles during the hours that the bank is closed, seven days a week. 3. The approval of this Conditional Use Permit 16 -8 is not effective until execution and recordation of the parking agreement for the secondary subject site in a form satisfactory to the City Attorney. 4. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. In connection with City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code Section 23000 at seq., and Title 4 of the California Code of Regulations, including but not limited to Regulation 61.4, or as said statutes or regulations may be amended from time to time. 5. The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 6. The hours of operation shall be 10:00 A.M. to 12:OOAM daily. 7. No video games or similar amusements shall be permitted on the premises. 8. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 9. The rear door remain closed during all hours that the theater is in operation except for emergency purposes, and the applicant shall provide security or other staff to ensure that the door remains closed at such times. 10.The applicant shall prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Community Development. -5 of 9- Resolution 17 -13 340 Main Stmet 8 801 Pacific Coast Highway 11. This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. 12. A modification of this Conditional Use Permit shall be obtained when: (a) The establishment proposes to change its type of liquor license. (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. 13.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 Standard Conditions of Approval for Alcohol Related Land Uses) the Code of the City of Seal Beach occurs. 14. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonable disturbing surrounding residential or commercial areas. A lighting plan shall be provided, subject to review and approval by the Director of Community Development, which promotes minimal disturbance to nearby residences and other uses. 15. 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. 16. The establishment shall have a public telephone listing. 17. It shall be the responsibility of the applicanttlicensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law and this conditional use permit. The knowledge and skills deemed necessary for responsible alcoholic beverage services shall include, but not be limited to the following topics and skills development: (a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. (b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. (c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. (d) Methods for dealing with intoxicated customers and recognizing underage customers. -6 of 9- Resoluhm 17 -13 340 Main Sheet & 601 Pacific Coast Highway (e) Methods to appropriately pace customer drinking to reduce the risk that the customer will not leave the premises in an intoxicated manner. (f) Knowledge of mixology, including marketable alternatives to alcoholic beverages. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria, 1) Department of Alcoholic Beverage Control LA.E.D. Program Website: http://www.abc.ca.gov/programs/Lead%20webpaqe.htmi 2) Orange County A.D.E.P.T. Program Website: http: // ochealthinfo.com /phs/about/promo /adept 18.1-itter and trash receptacles shall be located at convenient locations inside and outside the establishment and operators of such establishments 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. 19. In addition to all other conditions of this conditional use permit, the Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to the Code of the City of Seal Beach if harm or retail- related problems are demonstrated to occur as a result of criminal or anti - social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and /or litter. 20. This Conditional Use Permit shall become null and void unless exercised within one (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 Community Development a minimum of ninety (90) days prior to such expiration date. 21.AII alcoholic beverages sold in conjunction with the on- premise licensed establishment must be consumed entirely on the premises prior to closing time, and none shall be sold as take -out. 22. Conditional Use Permit 16 -8 shall be automatically terminated if the operation is no longer maintained in a manner that is consistent with the alcohol license type approved by the Planning Commission as defined by the California Department of Alcoholic Beverage Control. 23.The proposed facility shall comply with Chapter 7.15, "Noise," of the Code of the City of Seal Beach or as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for modification and /or revocation, and may require the applicantloperator to mitigate the noise level to comply with the provisions of Chapter 7.15. 24.The sale of alcoholic beverages for consumption off the premises shall be prohibited. Consumption of alcoholic beverages shall be prohibited in the -7 of 9- Resoluhm 17 -13 340 Main Sheet 8 801 Pacific Coast Highway establishment's parking area. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. 25. Building permits must be obtained for all tenant improvements conducted on the interior and exterior of the building. 26.This CUP shall not become effective for any purpose unlessluntil 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. 27.Contact information for on -site management must be provided to City Staff upon submittal of a business license application. Any changes in management or phone numbers must be provided to City Staff within 72 hours of change. 28. 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 written request for extension submitted to the Community Development Department a minimum of ninety (90) days prior to such expiration date. 29. Failure to comply with any of these conditions or a substantial change in the mode or character of the storage facility shall be grounds for revoking or modifying this CUP approval. 30.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. 31.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. Building permits must be obtained for all tenant improvements conducted within the building. Section 10. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at -8 of 9- RB501utim 17 -13 340 Main Street 8 801 Pacific Coast Highway the Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal Beach, CA 90740. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on May 15, 2017, by the following vote: AYES: Commissioners Campbell, Klinger Thomas Machen Aguilar NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: own �LDe Machen Chairperson C tal ai v anning Csion Secretary -9 of 9-