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HomeMy WebLinkAboutItem Q February 14,2000 STAFF REPORT ' a To: Mayor Yost and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director of Development Services Subject: DETERMINATION OF PROPER ZONING - WALK-UP, TAKE-OUT RESTAURANT SUMMARY OF REQUEST Determine that the proposed land use be considered to be consistent with the Main Street Specific Plan, subject to Conditional Use Permit approval for a specific site location within the Main Street Specific Plan area. DISCUSSION On December 20 1999, Rosann Rosandich contacted the City regarding the possibility of operating a take out only restaurant at the property located at 118 Main Street. Staff concluded that this land use is not detailed within the Main St. Specific Plan land uses in Section 28-1250. The code does, however, permit the Planning Commission the discretion to acknowledge one use as being predominantly similar to another pursuant to Section 28-1250.A.13 and 28-1250.B.17. Also, the Code permits a Walk-Up/Take-Out Restaurant within the C-i zoning, subject to a conditional use permit. In 1993, the Planning Commission heard a case similar to this one on Main St., at 123 'h Main St., which at the time was zoned C-I. The Commission resolved that a bakery to be located at 123 1/2 Main St. should be considered to be a walk-up/take out restaurant and the Commission recommended to the City Council that the use be permitted. This application very closely parallels that one, except that the Main St. Specific Plan does not list a walk-up/take-out AGENDA ITEM C:\My Documents\MATNSTRE.SPMain Si Walk Up RestaurantCC Staff Report.doc\LW\02-01-00 Walk-Up/Take-Out Restaurant-Determination of Proper Zoning City Council Staff Report February 14, 2000 restaurant at all within the zone. Staff recommended to the Planning Commission that this use be allowed within the zone, subject to a conditional use permit approval. The Planning Commission considered this matter on January 19, 2000, and after receiving the Staff Report and public comments, determined to recommend approval of a "Determination of Proper Zoning" to the City Council through the adoption of Planning Commission Resc!ution No. 00-6. A copy of the Planning Commission Resolution, Minute Excerpt, and Staff Report are provided as Attachments 2 through 4, respectively. FISCAL IMPACT Minimal, staff costs will be required to prepare a Zone Text Amendment to incorporate the proposed change into the conditionally allowed uses within the Main Street Specific Plan. This request could be incorporated into a proposed amendment to the Main Street Specific Plan regarding"Newsracks" that staff is preparing at this time. RECOMMENDATION Concur with the recommendation of the Planning Commission by adopting Resolution No. and instruct staff to prepare the necessary Zone Text Amendment for public hearing in conjunction with other pending amendments to the Main Street Specific Plan, if appropriate. NOTED AND APPROVED iffWhitten.-rg, Director Keith R. Till Development Services Departme City Manager Attachments: (4) ATTACHMENT 1: City Council Resolution No. , 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 Maas Sc walk Up RraaurartCC staff Report 2 1 Walk-Up/Take-Out Restaurant-Determination of Proper Zoning City Council Staff Report February 14, 2000 ATTACHMENT 2: Planning Commission Resolution No. 00-6, A Resolution Of The Planning Commission Of The City Of Seal Beach 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, Subje,t To A Conditional Use Permit, Within The Main St. Specific Plan Are,.. ATTACHMENT 3: Planning Commission Minute Excerpt,January 19, 2000 ATTACHMENT 4: Planning Commission Staff Report, January 19, 2000 * * * * Main St want Ranauartcc Stas Ur Report 3 r RESOLUTION NO. 00-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH 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 ST. SPECIFIC PLAN AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, On December 20, 1999, Rosann Rosandich inquired about opening a Walk Up/Take Out restaurant on Main St; and WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on Main St., 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 WHEREAS, The Planning Commission made the following findings: 1. The Walk Up/Take Out use was permitted along Main St. before the Main St. Specific Plan was adopted and the street was zoned service commercial (C-1). 2. The Walk Up/Take Out 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. 3. The Walk Up/Take Out use closely resembles the Coffee House/Desert Shop use which is presently allowed on Main St. in client behavior. These customers generally take their food elsewhere to consume it and therefor does not have the potential impacts that a drive in restaurant would have. Planning Commissioi Resolution No 00-6 `oning determination Walk Up/Take Out R staurants on main St. _'anuary 19, 2000 NOW, THEREFORE BE IT RESOLVED, that the Planning Comm ssion hereby recommends to the City Council that the Walk Up/Take out use be lowed within the Main St. Specific Plan Area, subject to the issuance of a Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of January, 2000, by the following vote: AYES: Commissioners Hood, Brow:), Cutul i , Larson, and Lyon NOES: Commissioners None ABSENT: Commissioners NnnP David Hood, Ph.D., Chairman Planning Commission /Z() 771 --;-'' p'Whittenberg, ecretary Planning Commission Main St.Walk up restaurant Resolution 2 r i Walk-Up/Take-Out F-staurant-.)etermination of Proper Zoning City Council Staff Report February 14, 2000 ATTACHMENT 3 PLANNING COMMISSION MINUTE EXCERPT, JANUARY 19, 2000 Main St Walk Up ResfarartCC Staff Report 9 City of Seal bdach Planning Commission Meeting Minute-of January 19, 2000 1 making then jump through hoops. He said that he felt this was wrong, and that 2 thf was something wrong with the City to create this impression. 3 4 Commis,,ioner Brown stated that the City did not create this issue and neither did the 5 currenowners of the property. He said that the people who originally built an 6 illegally constructed deck without a building permit and violated a Stop Work Order 7 created the problem. He noted that the City has spent 10 years attempting to come 8 to a reasonable conclusion to this matter, that is fair to all concerned. He 9 commented that, unfortunately, many times what is reasonable depends upon who 10 is elected at the time. 11 12 MOTION by Cutuli; SECOND by Lyon to continue this request to the Planning 13 Commission meeting of March 22, 2000. 14 15 MOTION CARRIED: 5 – 0 16 AYES: Brown, Cutuli, Hood, Larson, and Lyon 17 NOES: None 18 ABSENT: None 19 20 Mr. Whittenberg announced that there were be no additional notice of the continued 21 hearing, and it would appear on the Agenda of March 22, 2000. 22 23 SCHEDULED MATTERS 24 25 9. Determination of Appropriate Zoning—Walk-Up/Take-Out Restaurant 26 27 Staff Report 28 29 Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the 30 Planning Department.) He reported that a resident that operates a dry cleaning 31 establishment at 118 Main Street had inquired about the possibility of opening up a 32 walk-up/take-out restaurant. After conducting research on the request, Staff was not 33 able to locate this particular use listed within the permitted use section of the City 34 Code. 35 36 The Code does give the Planning Commission the authority to recommend to City 37 Council that a particular use that is substantially consistent with other uses within the 38 zone be allowed. 39 40 Mr. Cummins reported that currently the Main Street Specific Plan (MSSP) does not 41 acknowledge the walk-up/take-out restaurant as a land use, but it is defined within 42 the City Zoning Code and is a permitted use within a C-1 Commercial Zone. He 43 noted that before the Specific Plan was adopted, Main Street was a C-1 Zone and 44 this use would have been permitted at that time. He stated that currently the C-1 45 Zone still permits this use subject to a Conditional Use Permit (CUP). He remarked 46 on a similar case that came before the Planning Commission in 1993 where a 15 • City of Seal Beach Planning GLimmission Meeting Minutes of January 19, 2000 1 determination was made that a bakery was consistent with the C-1 Zoning and a 2 CUP was approved. 3 4 Mr. Cummins stated that in reviewing the parking requirements, Staff had 5 determined that they would be similar to the parking for the Coffee House/Dessert 6 Shop use on Main Street and would require 1 parking space for every 500 square. 7 He explained that the rationale was that clientele for this business would be passers 8 by that are already there, and there would be no tables or chairs permitted on the 9 site. He stated that Staff felt this to be beneficial to the area, as there are very few 10 similar operations near the beach. He reminded the Commission that a CUP would 11 be required before any operation of this type could begin business. 12 13 Mr. Cummins stated that the vote tonight would be to acknowledge that this 14 particular use is consistent with others within the MSSP and that the parking 15 demand is essentially the same. He repeated that prior to beginning operation, 16 approval of a CUP would be required. He stated that Staff recommends approval to 17 the City Council that the proposed land use is an appropriate use in the MSSP. 18 19 Commissioner Questions 20 21 Commissioner Brown asked how many parking spaces are currently at the site. Mr. 22 Cummins responded that the determination tonight was not for this particular site but 23 that this use would be permissible under the MSSP., He stated that Staff has not 24 begun to research this particular building as this would have to come before the 25 Commission for approval of a CUP, and this information would be provided at that 26 time. Commissioner Brown confirmed that this use was not currently included in the 27 MSSP. He asked if the discussion pertained to the bakeries on Main Street. Mr. 28 Whittenberg responded that these were permitted uses under the Coffee 29 House/Dessert Shop provision of the MSSP. He explained that no CUP is required 30 if the site is less than 1000 square feet. He continued that for the walk-up/take-out 31 use Staff is recommending a CUP requirement regardless of the size of the building. 32 Commissioner Brown confirmed that Staff wished to create a new category for 33 strictly take-out restaurants with no seating. Mr. Whittenberg confirmed this. He 34 stated that there is an existing category for this type of use in the C-1 Zone of the 35 City, which is what Main Street was zoned for prior to the adoption of the MSSP. He 36 explained that the issue was whether this type of use could be allowed in the Main 37 Street area. Commissioner Brown questioned the definition of a C-1 Zone, stating 38 that he thought a walk-up/ take-out restaurant is allowed some seating. Mr. 39 Whittenberg responded that if it is a walk-up/take-out restaurant, by definition it has 40 no seating. 41 42 Chairperson Hood announced that although this was not a public matter, did any 43 member of the public wish to address the Commission on this item. Commissioner 44 Brown asked if there was a reason why this item was dropped from the MSSP. Mr. 45 Whittenberg responded that in researching archive minutes, he believes that the 46 matter was never discussed when drafting the MSSP, but that it was somehow 16 r ) Attachment 1 Proposal to chant:V2 of Marina Bay Cle2LI rs To: Mac Cummins From: Rosann Rosandich Subject: Changing Marina Bay C miners Attn: Planning Department Our intent is to provide Main Street with a new takeout food establishment. We intend to redesign one half of Marina Bay Cleaners which is approxtmatel 500 square feet of the 1000 square foot building to accommodate Hot Dogs,Pretzels,and Popcorn. Recently Marina Bay Cleaners shut down its doors due to lack of business that was created due to several issues such as,the closure of the public parking lot,new construction,and remodels. We feel this will benefit Main Street in several ways. Children coming to Seal Beach virtually have very little to choose from in the way of fast food. This will be an inexpensive way for them to eat. This also benefits the surrounding businesses as it provides visibility to them as people stop and get their food. We intend to have the following hours: Monday-Thursday. 11:00 to 6:00PM Friday 11:00 to 7:00PM Saturday 11:00 to 8:00 Sunday 11:00 to 6:00 There will be no seating as our intent is strictly takeout. There will however,be the use of a cart which at times will be taken out to provide more visibility. As far as change to the outside of the building,there will be minimal change such as: signage,and replacing an existing planter box with a counter outside one of the windows. Inside the use of venting which has always existed when Marina Bay was pressing clothes will be util'v.ed as needed for cooking. Thank you for your time in considering the above proposal. Sincerely, Rosann M. Rosandich Marina Bay Cleaners -o-A__ P.el DEC-22-1959 13:55 1 3:e 795 e554 86z P.01 L. 1993, the Planning Commission heard a case similar to this one on Main St., at 123 '/ Main St., which at the time was zoned C-1. The Commission resolved that a bakc y to be located at 123 '/2 Main SL. should be considered to be a walk-up/take out restaurant ani the Commission recommended to the City Council that the use be permitted. This pplication very closely parallels that one, except that the Main St. Specific Plan does not list a walk up/take out restaurant at all within the zone. Staff feels that this use should be alloy• ed within the zone, subject to a CUP. It is staffs belief that this use most closely pz •allels the Coffee House/Desert Shop use due to the lack of on site seating that the use require;for its customers. The intent of the applicant is to sell items such as hamburgers, hot dogs, and pretzels to passers by who are already there, rather than being a destination restaurant. Staff sees this as a beneficial use to the area in that very few food establishments of this nature are present on Main St. This use would allow restaur...lts to serve beach going customers a less expensive meal than some of the other eating establishments in the area. Staff would like to point out that a CUP would be necessary before any operation would be allowed to commence. The purpose of this item on the Commission's agenda this evening is to recommend to the City Council that this use be classified within the Main St. Specific Plan as being predominantly similar to the Coffee House/Desert Shop land use which is already permitted within the zone and allowable to the zone as is defined in Section 28-268 of the Code. Staff recognizes that concerns over parking are generally a theme with any land use along Main St. However, it is staffs belief that this land use will not create parking problems above and beyond the 1 space for 500 square feet requirement currently placed on Coffee houses and Desert Shops. This is based on the belief that take out restaurants with no seating serve a clientele which is already present at the site for another reason; ie to attend the beach. This land use designation will not, in staff's opinion, create a fraction as much parking demand as a regular drive in restaurant for the reasons outlined above. RECOMMENDATION Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve Resolution 00-6, recommending approval to the City Council that the proposed land use be considered to be consistent with the Main St. Specific Plan. Staffs recommendation is based upon the following: • This determination would be consistent with the provisions of the Land Use Element of the City's General Plan, which provides a"Main St. Specific Plan" designation for the subject area and permits restaurants and drive-in restaurants subject to the issuance of a conditional use permit. The use is also consistent with the remaining 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 cons ;tent with the General Plan. Approval of this determination should be through the adoption of Resolution No. 00-6. FOR: Jane 3ry 19, 2000 (Q/2t( / Mac Cummins fee Whittenberg Assistant Planner Director Department of Development Services Department of Development Services Attachments (2): I. Letter submitted to the City by Rosann Rosandich 2. Proposed Resolution 00-6 January 19, 2000 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Serv:ces Subject: Determination of Proper Zoning Marlin Bay Cleaners GENERAL DESCRIPTION Applicant: RosANN RosANDICH Owner: ROBERT WOOD Location: 118 MAIN ST. Classification of Property: MAIN ST. SPECIFIC PLAN (MSSP) Request: RECOMMEND DETERMINATION TO THE CITY COUNCIL THAT PROPOSED TAKE OUT ONLY RESTAURANT FITS WITHIN LAND USE DETERMINATIONS AS OUTLINED IN SECTION 28-1250 OF THE CITY CODE. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 28-1250 Recommendation: APPROVE RESOLUTION 00-6, RECOMMENDING APPROVAL TO THE CITY COUNCIL THAT THE PROPOSED LAND USE BE DETERMINED TO BE AN APPROPRIATE LAND USE IN THE MSSP ZONE, SUBJECT TO CONDITIONAL USE PERMIT. F .OTS • On December 20 1999, Rosann Rosandich contacted the City regarding the possibility of operating a take out only restaurant at the property located at 118 Main St. • The subject property is located on the 100 block of Main St. and within the Main St. Specific Plan zone. • The subject property is legally described as Orange County Assessor's parcel number 199-044-23 and is rectangular in shape. • The subject property contains an existing clothing cleaning business and the applicant wishes to change the land use to a take out restaurant. • The surrounding land uses and zoning are as follows: EAST Residential Housing in a Residential High Density district WEST Residential Housing in a Residential High Density district and commercial businesses in the Main St. Specific Plan NORTH Commercial businesses in the Main St. Specific Plan zone SOUTH Commercial businesses in the Main St. Specific Plan zone & the Pacific Ocean. DISCUSSION The owners of the above mentioned property have contacted the City regarding the possibility of opening a take out only restaurant on Main St. at 118 Main. They have submitted a letter, attached as attachment 1 to this staff report. Upon review of the application, staff has concluded that this land use is not detailed within the Main St. Specific Plan land uses in Section 28-1250. The code does, however, permit the Planning Commission the discretion to acknowledge one use as being predominantly similar to another. Also, the Code permits a Take Out/Walk Up restaurant within the C-1 zoning, subject to a conditional use permit. Walk-Up/Take-Out Restaurant-Determination of Proper Zoning City Council Staff Report February 14, 2000 ATTACHMENT 4 PLANNING COMMISSION STAFF REPORT, JANUARY 19, 2000 Main St walk Up Resiaura t.CC Staff Repot 1 0 City of Seal Beach Planning Commission Meeting Minutes of January 19, 2000 1 determined that the City did not choose to allow this type of use as part of the 2 MSSP. 3 4 Ms. Rosann Rosandich stated that she was still confused as to why she would 5 require a CUP and requested further explanation. Mr. Whittenberg responded that 6 the purpose of the CUP was to allow the Planning Commission a review of the 7 business proposal to ensure that the operation as proposed would nc` have adverse 8 affects to adjoining businesses or residents in the area surroundin, the proposed 9 business. He commented that issues that arise with walk-up/take-out restaurants 10 are usually is there sufficient area inside the restaurant for people to wait to order or 11 pick up food, disposal of trash and debris generated by customers, limitation of 12 hours of operation, etc. 13 14 Commissioner Comments 15 16 Commissioner Brown stated that he did not recall discussion in the MSSP that it 17 would be bad to have a take out restaurant on Main Street. He stated that it was 18 previously allowed and, assuming that this was simply an omission, he did not have 19 any problem with approving this proposal. 20 21 MOTION by Brown; SECOND by Cutuli to approve Determination of Proper 22 Zoning—Walk-up/Take-out Restaurant and adopt Resolution 00-6. 23 24 MOTION CARRIED: 5 – 0 25 AYES: Brown, Cutuli, Hood, Larson, and Lyon 26 NOES: None 27 ABSENT: None 28 29 30 Mr. Whittenberg explained that the matter would now be brought before the City 31 Council for review and concurrence. If the Council approves this determination, 32 Staff will compose an amendment to the City Code and the applicant may then make 33 application for a CUP to be brought before the Planning Commission for approval. 34 35 36 PUBLIC HEARINGS 37 38 10. Zone Text Amendment 99-4 39 Citywide 40 41 Applicant/Owner: City of Seal Beach 42 Request: To allow the construction of 2nd story decks on the "A" Row 43 of Surfside to be 10 feet, deep. Currently, 10-foot decks 44 are only permitted on the 1st floor, with 5-foot decks 45 permitted on the 2"d and 3rd floors. This amendment would 46 allow the owner to choose to place the 10-foot deck either 17