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HomeMy WebLinkAboutPC Res 21-03 - 2021-02-16RESOLUTION NO. 21-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 20-6 TO ALLOW THE CONSTRUCTION OF THREE OUTDOOR PATIO DINING AREAS LOCATED IN THE GENERAL COMMERCIAL (GC) ZONING AREA - 12380 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Michael Robinson ("applicant") on behalf of Kathleen Young ("property owner"), filed an application to the City of Seal Beach for Conditional Use Permit (MUP) 20-6 to allow the construction three outdoor patio dining areas in association with abutting restaurant spaces within an existing commercial building, at 12380 Seal Beach Boulevard (the "subject property"), which is located in the General Commercial (GC) Zone. Section 2. This project is determined to be a Class 1 (Existing Construction) Categorical Exemption pursuant to Section 15301(e) 2 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction of three outdoor patio areas less than 3,000 square feet total where all public services are available and is not in an environmentally sensitive area. Section 3. A duly noticed public hearing was held before the Planning Commission on February 16, 2021 to consider Conditional Use Permit 20-6. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant filed an application to the Community Development Department for Conditional Use Permit 20-6 to allow the construction of three outdoor patio eating areas in association with three abutting restaurant spaces within an existing commercial shopping center located at 12380 Seal Beach Boulevard, Seal Beach, California. B. The subject property is within the Old Ranch Towne Center located on the east side of Seal Beach Boulevard between Town Center Drive and Rossmoor Center Way north of St. Cloud Drive in the General Commercial (GC) zone. The center is comprised of 8 parcels with both stand-alone commercial buildings and inline multi - tenant buildings totaling 1,135,252 square -feet (26.06 acres) with approximately 286,967 square feet of mixed retail and restaurant uses. The Center is surrounded by residential uses to the north and east, and commercial uses to the west and south. C. The application includes a proposal to construct three outdoor patio eating areas. The proposed interior improvements include dividing the existing vacant restaurant building (former Macaroni Grill) into three separate restaurant uses. Page 1 Resolution 21-3 12380 Seal Beach Boulevard Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Section 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed exterior and interior alterations are consistent with the General Plan. The General Plan specifies that the General Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the outdoor patio eating areas to the commercial building, the site can expand its services and attract a wider range of residents. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The Zoning Code allows for outdoor eating areas in a General Commercial (GC) zones with approval of a Conditional Use Permit. The shopping center is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The site contains adequate parking for the additional outdoor patio areas as the shopping center is compliant with the Municipal Code which requires all uses to provide parking for its uses. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect those uses or properties in the surrounding areas. The existing building complies with the height, setback and parking requirements of the General Commercial zoning area and conditions have been imposed to ensure the use will not be detrimental to the surrounding area. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. This CUP for the proposed construction and use includes sufficient conditions 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. The use of the property will be consistent with the surrounding uses in the area. Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 20-6 for the construction of three outdoor patio eating areas within an existing vacant commercial building, located at 12380 Seal Beach Boulevard, in the General Commercial (GC) zoning area, subject to the following conditions: 1. Conditional Use Permit 20-6 is approved to allow the construction of three outdoor patio dining areas in association with three restaurant spaces for a combined total patio dining area of 2,821 square feet, located at 12380 Seal Beach Boulevard. Page 2 Resolution 21-3 12380 Seal Beach Boulevard 2. The premises of the commercial/restaurant building must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department dated November 24, 2020. 3. All proposed alterations or upgrades to the subject building and three restaurant spaces 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. 4. 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. 5. 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 Community Development Department; and until the ten (10) calendar day appeal period has elapsed. 6. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 7. The Planning Commission reserves the right to revoke or modify this CUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 8. 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. 9. 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. 10. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively "the City" hereinafter) 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, Page 3 Resolution 21-3 12380 Seal Beach Boulevard 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 February 16, 2021, by the following vote: AYES: Commissioners KLINGER, MILLER, CAMPBELL, THOMAS, WINKLER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTES n nning Commission Secretary Chairperson Page 4