Loading...
HomeMy WebLinkAboutPC Res 21-04 - 2021-03-15RESOLUTION NO. 21-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 20-7 TO ALLOW EXPANSION OF AN EXISTING RESTAURANT BY CONSTRUCTING A 223 SQUARE FOOT HALLWAY LOCATED IN THE GENERAL COMMERCIAL (GC) ZONING AREA - 2900 WESTMINSTER AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Stephen Shaw ("applicant") on behalf of BGN Investments, LTD ("property owner"), filed an application to the City of Seal Beach for Conditional Use Permit (MUP) 20-7 to allow the expansion of an existing restaurant by constructing a 223 square foot enclosed hallway to connect the dining room and restrooms within an existing commercial building, at 2900 Westminster Avenue (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 10,000 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 March 15, 2021 to consider Conditional Use Permit 20-7. 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 20-7 to allow the expansion of an existing restaurant by constructing a 223 square foot enclosed hallway to connect the dining room and restrooms within an existing commercial shopping center located at 2900 Westminster Avenue, Seal Beach, California. B. The subject property is within the Beach Plaza Center located on the south side of Westminster Avenue west of Seal Beach Boulevard in the General Commercial (GC) zone. The center is comprised of one parcel with three buildings (one commercial and two restaurant buildings) totaling 100,188 square -feet (2.3 acres) with approximately 24,105 square feet of total lease space, including approximately 18,539 square feet of commercial lease space and approximately 5,566 square feet of restaurant leased space. The Center is surrounded by residential uses to the north, military uses to the south, commercial uses to the east, and light manufacturing uses to the west. C. The application includes a proposal to construct an enclosed hallway corridor to connect the dining room to the bathrooms. The proposed exterior improvements include a new parapet wall feature, addition of a corner tower element to Page 1 Resolution 21-4 2900 Westminster Avenue the eastern corner of the building, and updating the exterior color schemes and add stone veneer features. 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 interior addition and exterior enhancements 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 hallway expansion to the commercial building, the site can expand its services and attract a wider range of residents. B. The proposed use complies with applicable provisions of the Municipal Code. The Zoning Code allows for expansions to commercial buildings in a General Commercial (GC) zones with approval of a Conditional Use Permit. The existing restaurant will continue to operate 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 enclosed hallway area as the shopping center is compliant with the previously approved Conditional Use Permit which granted a 15% reduction in the amount of required parking. 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 previously granted 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 20-7 for the construction of a 223 square foot enclosed hallway area within an existing commercial building, located at 2900 Westminster Avenue, in the General Commercial (GC) zoning area, subject to the following conditions: Page 2 Resolution 21-4 2900 Westminster Avenue 1. Conditional Use Permit 20-7 is approved to allow the construction of a 223 square foot enclosed hallway area in association with an existing fast food restaurant space for a combined total 1,847 square feet, located at 2900 Westminster Avenue. 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 December 3, 2020. 3. All proposed alterations or upgrades to the subject building including, without limitation, construction of interior/exterior tenant improvements, and signage, 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 Page 3 Resolution 21-4 2900 Westminster Avenue 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 March 15, 2021, by the following vote: AYES: Commissioners KLINGER, MILLER, CAMPBELL, THOMAS, WINKLER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST ng Commission Secretary - -3�t� -- tev ler Chairperson Page 4 1'