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HomeMy WebLinkAboutPC Res 20-08 - 2020-08-03RESOLUTION NO. 20-8 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 20-2 TO PERMIT THE EXPANSION OF THE DECK AREA OF AN EXISTING RESTAURANT WITH A TYPE 47 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE BY 600 SQUARE FEET IN THE BEACH (BEA) ZONING AREA AT 15 1St STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. The Beach House, LLC submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 20-2 to permit the expansion of the deck area of an existing restaurant with a Type 47 Alcoholic Beverage Control (ABC) license by 600 square feet at 15 1St Street (the "subject property"), which is located in the Beach (BEA) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an addition that is less than 50% of the floor area of the structure before the addition or 2,500 square feet, whichever is less. Section 3. A duly noticed public hearing was held before the Planning Commission on August 3, 2020 to consider the application for CUP 20-2. 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 adjacent to the beach in the 1St Street parking area. The subject site consists of a 2,937 square -feet (0.06 acre) parcel with an existing restaurant use of approximately 868 square feet of interior area with a 1,897 square feet outdoor patio area and a 522 square feet covered patio area. The subject site is surrounded to the south, east and west by the beach, a parking lot and newly developed park to the north and residential uses to the north east. The subject property is located in the Beach (BEA) zoning area. The City of Seal Beach owns the property and has leased the existing restaurant to the applicants. B. The City previously approved Conditional Use Permit (CUP) 19-4 and 19- 8, pursuant to Resolution No. 19-7 and 20-2 respectively, for the restaurant use and elevation change, including permitting the upgrade of the Type 41 (beer and wine) alcohol license to a Type 47 (On -Sale General) alcohol license to allow beer, wine and distilled spirits in conjunction with a restaurant and outdoor dining along with expanded operating hours of 7:00 a.m. to 10:00 p.m. seven days a week, at the subject site. C. The proposed increase of deck area of the restaurant's patio area will maintain the footprint of the existing restaurant structure. The increased floor area of the patio, as modified by this application, will square off the patio area to create a larger dining area. No changes are proposed or will be made to the current dimensions of the existing restaurant use of approximately 868 square feet of interior area, or the 522 square -foot covered patio area but will increase the 1,897 square -foot outdoor patio area by approximately 600 square feet for a total of 2,497 square feet. Resolution No. 20-8 15 1" Street Section 4. Based upon the facts contained in the record, including those stated in the preceding Sections 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: A. The proposed modification to the outdoor patio floor area is consistent with the General Plan. The General Plan specifies that the Public Use or Beach Land Use designation indicates that the beachfront is more of a regional recreation attraction and thus should provide a broad range of service needs for the community. A restaurant with a beer and wine license has previously been found to be consistent with the General Plan and operated on the site for several years previously. With the continued use of the existing structure and the expanded patio area as a restaurant with an outdoor dining area along with the Type 47 alcohol license allowing service of beer, wine and distilled spirits, the restaurant can continue to offer its customers a wider range of beverages to compliment the food items on the menu and accommodate more visitors. B. The proposed use complies with applicable provisions of the Municipal Code. The Municipal Code allows for expansions of square footage that have an alcohol license with approval of a Conditional Use Permit. The proposed restaurant will be operated in compliance with all other applicable provisions of the Municipal Code and the existing lease for the restaurant. C. The subject site is physically adequate for the proposed use. The restaurant utilizes the existing 1St Street parking for its customers as it is anticipated to draws a number of customers from the beach, bicyclists and other users of the San Gabriel River Trail, as well as neighboring residents who are likely to walk or bicycle to the restaurant. With the minimal number of tables and the draw of biking to the beach, it is recommended that the applicant add a bike rack to accommodate and emphasize biking. D. The location, size, design, and operating characteristics of the restaurant with the proposed increase in patio floor area, in combination with the previously approved Type 47 alcohol license and continued operating hours, would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed enhancements of the building comply with the height, and setback requirement of the Seal Beach Municipal Code and Public Uses land Use designation. E. The establishment, maintenance, and operation of the restaurant with the increased patio area, along with the previously approved Type 47 (on -sale general) alcohol license and extended operating hours would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed increase in patio area have sufficient conditions that were previously imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. F. The subject site is located in a City -owned beach and recreation area in Windsurf Park. The subject site is 415 feet from the nearest residential property, the parking area for the restaurant is adjacent to a public park that is under construction and residential property. The subject site has operated a restaurant with an alcohol license since 2003. The applicant will be required to comply with all conditions placed on the prior business. G. 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 be 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. Resolution No. 20-8 15 15f Street Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 20-2 to permit the expansion of the deck area of an existing restaurant with a Type 47 Alcoholic Beverage Control (ABC) license by 600 square feet, at 15 1St Street, subject to the following conditions. 1. Conditional Use Permit 20-2 is approved to permit the expansion of the deck area of an existing restaurant with a Type 47 Alcoholic Beverage Control (ABC) license by 600 square feet, located at 15 1St Street. 2. The applicant shall continue to comply with all the conditions of Conditional Use Permit CUP 19-8 Resolution 20-2. 3. The premises of the restaurant must remain in, and be operated in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department, and the terms of the lease agreement between the City and the applicants. 4. Any proposed alterations or upgrades to the restaurant including, without limitation, construction of interior tenant improvements, will require review and approval from the City of Seal Beach Planning Division. Other City approvals may be required depending on the extent of the proposed alterations and upgrades. 5. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, 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. 6. Failure to comply with any of these conditions or a substantial change in the mode or character of the business shall be grounds for revoking or modifying this CUP approval. 7. 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. 8. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 9. 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. 10. Applicant shall obtain approval from the California Coastal Commission for the proposed improvements prior to plan check submittal. 11. 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. 12. The applicant is required to adhere with the maximum occupancy of 151 as indicated on the building plans dated 11-10-18 on Sheet C. 13. The applicant shall install an additional bike rack to accommodate bike parking outside the restaurant. Resolution No. 20-8 15 1" Street 14. 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 August 3, 2020, by the following vote: AYES: Commissioners eA1n ,6a,,.` , Jcd-IVs e12, �, rn�c[nz+ ,� ,f�5 NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners A' 7/ Les Johnson anning Commission Secretary Mariann Klinger Chairperson