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Home My WebLink AboutAgenda Packet 10042021CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 04 October 2021 — 7:00 PM /_TM0161 LT, ILTi 16'1+9If] z14z&T-11zIII&IEllaATA IM:7_1:AIN1:7_111:&T//_`944x0101k,Ia4 4k,[a]= :..OF SEAQ , INCORPORATED 1 1815 District 1 — Steve Miller - Chair District 2 — Ronde Winkler - Vice Chair District 3 — Michael Thomas District 4 — Patty Campbell District 5 — Mariann Klinger Department of Community Development Barry Curtis, Interim Community Development Director Art Bashmakian, Interim Senior Planner Marco Cuevas Jr., Assistant Planner Isra Shah, Assistant City Attorney • City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed noon to 1:00 P.M. • The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk' s Office at least 48 hours in advance of the meeting at (562) 431-2527. • Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www. sea Ibeach ca. gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on -demand on the website. • DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. • Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN PLANNING COMMISSION MEETING Pursuant to Government Code section 54953(e), a proclaimed state of emergency and recommended State and and guidance regarding public gatherings during the COVID-19 public health emergency, all participation in the above -referenced Meeting will be by teleconference for the Members of the Planning Commission, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. The City will continue to review these measures and determine whether meeting in person would continue to present imminent risks to the health or safety of attendees. PUBLIC COMMENT AND PUBLIC HEARING: Members of the public may submit comments on any item on this Planning Commission meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices- Meeting-Videos/Council-Commission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Planning Commission. Email comments received after that time will be posted on the City's website and forwarded to the Planning Commission after the meeting. Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link: https://us02web.zoom.us/-0/83456557240. You may also call in by dialing 1-619-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters who are not applicants will be allotted five (5) minutes to address the Commission. The ability to comment will be disabled when your allotted time has expired. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS At this time members of the public may address the Commission regarding the items on this Planning Commission agenda. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.seaIbeachca.gov/Government/Agendas-Notices- Meeting-Videos/Council-Commission-Meetings before 6 pm on October 4, 2021. Comments provided via email by 6pm will be distributed to the Planning Commission and posted on the City website for review by the public. Email comments received after that time will be posted on the City's website and forwarded to the Planning Commission after the meeting. Any documents for review should be sent to the City Clerk prior to the meeting for distribution. Those members of the public wishing to call in can join the Zoom Meeting from any electronic device by clicking on the following link: https://us02web.zoom.us/-0/83456557240. You may also call in by dialing 1-619-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters who are not applicants will be allotted five (5) minutes to address the Commission. The ability to comment will be disabled when your allotted time has expired. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR A. Planning Commission Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B. Minor Use Permit 21-2 84 B Surfside Ave Applicant: Mark Wheeler Request: Minor Use Permit (MUP 21-2) to permit a covered roof access structure to exceed the maximum roof height by 4 feet 6 inches on an existing single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-10, APPROVING Minor Use Permit 21-2 with Conditions. C. Conditional Use Permit 21-3 1025 Pacific Coast Highway Applicant: Ribeye Restaurant Group, LLC Request: Conditional Use Permit (CUP 21-3) to allow an existing restaurant use with an existing beer and wine alcohol license to upgrade to a Type 47 (On -Sale General) alcohol license located at 1025 Pacific Coast Highway within the Seal Beach Center in the Service Commercial (SC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-13, APPROVING Conditional Use Permit 21-3 with conditions. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, October 18, 2021 at 7:00 p.m. r�F Ea`eFq�y PLANNING COMMISSION F STAFF REPORT gCIFORNMP DATE: October 4, 2021 TO: Planning Commission THRU: Gloria D. Harper, City Clerk FROM: Barry Curtis, Interim Community Development Director SUBJECT: Approval of the September 7, 2021 Planning Commission Minutes and the September 20, 2021 Joint Special Meeting of the City Council and Planning Commission Minutes RECOMMENDATION: Approve the minutes of the Planning Commission meeting held on September 7, 2021 and the minutes of the Joint Special Meeting of the City Council and Planning Commission held on September 20, 2021 Prepared by: Gloria D. Harper Gloria D. Harper City Clerk Attachments: Approved by: Barry Curtis Barry Curtis Interim Community Development Director 1. September 7, 2021 Planning Commission Minutes 2. September 20, 2021 Joint Special Meeting of the City Council and Planning Commission City of Seal Beach — Planning Commission September 7, 2021 Chair Miller called the regular meeting of the Planning Commission to order at 7:00 p.m. via Teleconference. ROLL CALL Present: Commissioners: Miller, Winkler, Klinger, Thomas, Campbell Absent: None Staff Present: Isra Shah, Assistant City Attorney Barry Curtis, Interim Community Development Director Marco Cuevas, Jr., Assistant Planner Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk APPROVAL OF AGENDA Motion by Campbell, second by Klinger to approve the Agenda AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Miller opened oral communications. City Clerk Harper announced that five (5) emailed comments were received. Speakers: There were no speakers. Chair Miller closed oral communications. CONSENT CALENDAR A. Approval of June 7, 2021 Minutes. APPROVAL OF CONSENT CALENDAR Motion by Campbell, second by Winkler to approve the Consent Calendar. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried CONTINUED ITEMS — None E•Yy7121911112191& /Gra121:� R0111101=9 PUBLIC HEARING FOR Interim Community Development Director Barry Curtis announced that the Commissioners should open the public hearing to continue the item to the October 4, 2021 Planning Commission meeting due to mailed notices inadvertently indicating the adjacent property opposed to subject property. C. Minor Use Permit 21-3 319 10th Street Applicant: James Petry Request: Request for Minor Use Permit (MUP 21-3) to allow interior improvements resulting in a reduction in the number of units within a multi -family residence that is nonconforming due to density, parking, and setbacks in the Residential High Density (RHD -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-11, APPROVING Minor Use Permit 21-3 with Conditions. Assistant Planner Marco Cuevas, Jr., provided a comprehensive staff report and indicated that no correspondence was received regarding the project. Questions from Commissioners Campbell and Winkler were answered by Interim Community Development Director Barry Curtis. Chair Miller opened the public hearing. City Clerk Harper announced that no additional emailed comments were received. Speaker: James Petry. Chair Miller closed the public hearing. Motion by Winkler, second by Klinger that the Planning Commission open the public to adopt Resolution No. 21-11 Minor Use Permit 21-3 with Conditions. AYES: Miller, Thomas, Klinger, Campbell, Winkler NOES: None ABSENT: None ABSTAIN: None Motion Carried City Attorney Shah noted that this item has been continued and there is no final action to appeal. DIRECTOR'S REPORT Interim Director Barry Curtis announced that a Special Joint Meeting with the City Council and Planning Commission is scheduled for Monday, September 20, 2021. He indicated that interviews for a permanent Community Development Director will take place next week. He also noted that the Land Management System is underway; however, it is a year long process due the configurations. He announced that the department will provide a look ahead at the next couple of meetings. He indicated that the Beach House Restaurant has the Lease Agreement and was issued building permits two (2) weeks ago and the establishment will start to pay rent now that permits have been approved. Finally, he announced that Public Works will be finalizing the ADA compliance issue within a few weeks in order to open River's End Park. COMMISSION CONCERNS Commissioner Thomas read into the record a letter from Lynn Alfieri regarding an MUP application to install a new standard 2 -story manufactures home in the trailer park. He also requested that staff investigate the height requirements for manufactured homes and bring back to information to a future meeting. Commissioners Campbell and Klinger had questions regarding when the Commission meeting will return to meeting in the Chamber and questioned when City Hall will reopen to the public. ADJOURNMENT Chair Miller adjourned the Planning Commission meeting at 7:28 p.m. to Monday, September 20, 2021 at 7:00 p.m. for a Special Joint Meeting with City Council. Gloria D. Harper, City Clerk Approved: Attest: Steve Miller, Chair Gloria D. Harper, City Clerk Seal Beach, California September 20, 2021 The City Council met for a Joint Special meeting of the City Council and Planning Commission at 5:04 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore Chair Miller Commissioners: Winkler, Thomas, Campbell, Klinger Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Philip L. Gonshak, Chief of Police Joe Bailey, Chief, Marine Safety Department Steve Myrter, P.E., Director of Public Works Barry Curtis, Interim Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority, Fire Division Chief ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that two (2) supplemental communications and two (2) emailed comments were received. Mayor Kalmick then closed oral communications. PRESENTATION A. Study Session: 2021 Housing Element Update Interim Community Development Director Barry Curtis gave an overview of the 2021 Housing Element; introduced JHD Planning Consultant John Douglas who discussed the 2021 Housing Element Update and finalized the presentation with a discussion on the sites inventory, next steps in the process and recommendations to the City Council. Council Members' and Planning Commissioners' questions and concerns were noted and addressed. The City Council directed staff to submit the draft Housing Element to the State Department of Housing and Community Development for its review. ADJOURNMENT Mayor Kalmick adjourned the Joint Special meeting of the City Council and Planning Commission at 6:26 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Approved: Joe Kalmick, Mayor Steve Miller, Chair Planning Commission Attested: Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE: October 4, 2021 TO: Planning Commission THRU: Barry Curtis, AICP, Interim Community Development Director FROM: Marco Cuevas Jr., Assistant Planner SUBJECT: Request for Minor Use Permit (MUP 21-2) to permit a covered roof access structure to exceed the maximum roof height by 4 feet 6 inches on an existing single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. LOCATION: 84 B Surfside Avenue APPLICANT: Mark Wheeler RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-10, APPROVING Minor Use Permit 21-2 with Conditions. GENERAL PLAN RESIDENTIAL LOW DENSITY DESIGNATION: ZONE: RLD-9 (RESIDENTIAL LOW DENSITY) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 178-471-36 LOT AREA: 1,010 sq. ft. GROSS FLOOR AREA: 2,690 sq. ft. SURROUNDING PROPERTIES: NORTH: Residential Low Density (RLD-9) SOUTH: Beach (BEA) EAST: Residential Low Density (RLD-9) WEST: Residential Low Density (RLD-9) ENVIRONMENTAL ASSESSMENT 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 under 10,000 square feet and all public services and facilities are available to allow maximum development and the area is not environmentally sensitive. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday September 23, 2021 and mailed to property owners and occupants within a 300 -foot radius of the subject property on September 23, 2021, with affidavits of publishing and mailing on file. %11r%1\IITV IIA AM. ANALYSIS ACMIA1 RAAD. The applicant, Mark Wheeler, on behalf of the property owners, Armando Garcia and Stev Lawrence, ("the applicant') filed an application with the Community Development Department for Minor Use Permit 21-2. The subject site is a 1,010 -square -foot parcel located on the north side of Surfside Avenue within Surfside Colony, a gated private residential community. The lot is currently developed with a single -story residence. The existing residence will be demolished and rebuilt as a three-story, single-family residence. The construction also entails adding a covered roof access structure to the rooftop deck. The subject site is in the Residential Low Density (RLD-9) zoning area and is surrounded by residential uses. The applicant is proposing to construct a covered roof access structure which will exceed the maximum roof height by 4 feet 6 inches. As measured from the roof deck level, the covered roof access structure measures 9 feet in height and is approximately 7 feet 4 inches in width by 16 feet 11 inches in length. Approximately 10 feet 3 inches of that length will be above the 35 -foot building height limit. The covered roof access structure will include a covered stairwell, and the applicant proposes to extend a portion of the east side exterior wall to be integrated as a part of the roof access structure. The roof access structure would be located in the northeast corner of the residence and will include architectural features consistent with the design of the new residence. Seal Beach Municipal Code (SBMC §11.2.05.015.A.6) provides for non -habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets, domes, and covered access to open roof decks to exceed the height limit established pursuant to SBMC §11.2.05.015.A.3 (Surfside) up to a maximum of 7 feet, if granted pursuant to a Minor Use Permit approval. The height maximum for structures within Surfside Colony is 35 feet. The maximum height elevation of the proposed covered roof access structure is 4 feet 6 inches above the 35 -foot height limit, below the 7 feet maximum projection. The total building height elevation will be 39 feet 6 inches at the peak of the structure. With exception to the covered roof access, the building height is 34 feet. The Surfside Colony Architectural Review Board has reviewed and approved the addition and remodel. The proposal meets all applicable criteria set forth in the Seal Beach Municipal Code (SBMC §11.2.05.015.A.3 and §11.2.05.015.A.6.c). The covered stairwell will be comprised of roofing materials consistent with the remainder of the roof deck and proposed new structure. The location of the covered access is located along peripheral exterior walls of the structure as required. The structure occupies a minimal proportion of the roof deck and will only exceed the height requirement by 4 feet 6 inches. In addition, the proposed structure is consistent with the character and integrity of the neighborhood as the surrounding area has numerous existing covered roof access structures that exceed the 35 -foot height maximum. Lastly, the structure will not significantly impair the primary view of surrounding properties located within 300 feet because it only covers a limited portion of the roof top, and is located in the B Row with primary views from properties in the A and C Rows being to the south and north, respectively. Staff believes that the design and location of the covered roof access structure, as proposed, meets the standards set forth in the Code, and is similar in size to previous Minor Use Permit approvals related to covered roof access structures. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 21-10 approving MUP 21-2 to permit a covered roof access structure to exceed the allowable 35 -foot height limit by 4 feet 6 inches at 84 B Surfside Avenue. Prepared by: Marco Cuevas Jr. Marco Cuevas Jr. Assistant Planner Barry Curtis Barry Curtis Interim Community Development Director Attachments: 1. Resolution No. 21-10 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 21-2, to permit a covered roof access structure to exceed the maximum roof height limit by 4 feet 6 inches at 84B Surfside Avenue. 2. Project architectural plans. RESOLUTION NO. 21-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 21-2 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 4 FEET 6 INCHES AT A PROPOSED SINGLE-FAMILY RESIDENCE AT 84 B SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Mark Wheeler Residential Design, on behalf of property owners Armando Garcia and Stev Lawrence, ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 21-2. The proposed project would allow for the construction of a covered roof access structure which is a non - habitable architectural feature in excess of the 35 -foot maximum height in the Surfside Colony in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 3 (New Construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction of covered roof access structure that exceeds the maximum building height by 4 feet 6 inches on a proposed single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on October 4, 2021, to consider Minor Use Permit 21-2. At the public hearing, 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 submitted an application to the Community Development Department for Minor Use Permit 21-2 for a proposed project at 84 B Surfside Avenue, Seal Beach, California. B. The applicant is requesting to construct an approximately 7 feet 4 inches by 18 feet 3 inches Covered Roof Access structure that will exceed the height limit by 4 feet 6 inches at B 84 Surfside Avenue. Under the Seal Beach Municipal Code; 7 feet is the maximum height variation permitted beyond the height limit through a Minor Use Permit. C. The subject property is rectangular in shape with a lot area of approximately 1,010 square feet. The property is 25 feet wide by 40 feet 4 inches deep. The site is surrounded by residential uses. D. The proposed covered roof access structure will have roof lines, roofing material, siding and exterior paint that are architecturally compatible with the proposed dwelling. sIwiSiIIII2111 Resolution No.21-10 84 B Surfside Ave Section 4. 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 Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed structural alterations are consistent with the General Plan. The General Plan specifies that redevelopment in the Surfside Colony is to be compatible with the physical characteristics of its site, surrounding land uses, and available infrastructure. The proposed roof access structure will not change the character of the residence and will be consistent with other properties that have existing access structures projecting more than 4 feet 6 inches above the maximum height. 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 subject site is located within the Surfside RLD-9 zone, an area where the Seal Beach Municipal Code Section 11.2.05.015.A.3 allows a maximum projection of 7 feet beyond the height maximum for non -habitable architectural features subject to approval of a Minor Use Permit. The proposed covered roof access structure will exceed the 35 - foot height limit by 4 feet 6 inches. 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 subject site is proposed to be developed with a three-story, single-family residence with a roof deck. The proposed covered roof access structure will not add habitable space and will remain consistent with development standards set for the Surfside RLD-9 zone. 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 neighborhood. The subject site is located within the Surfside RLD-9 zone, which consists of properties developed as single-family residences. Roof decks and covered roof access structures are common non -habitable architectural features associated in this zoning district. The property is proposed to be used as a single-family residence which is consistent with the surrounding area. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed covered roof access structure will not increase bedrooms or habitable space to the residence. The subject site is proposed to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. F. The proposed non -habitable architectural feature, as conditioned, is architecturally consistent with the proposed structure, with roof pitch, roof materials and siding that are architecturally compatible with that of the remainder of the structure. The applicant will use the same finishes and materials as proposed for the new structure. 6POTE"I Resolution No.21-10 84 B Surfside Ave G. The covered roof access structure to the open roof deck is located along the peripheral exterior wall of the building structure. The proposed structure will appear to be an integral part of the proposed residence. H. As permitted through a Minor Use Permit, the covered access structure would exceed the maximum height limit by 7 feet or less (4 feet 6 inches). Similar structures exist within the Surfside RLD-9 zone that project up to 7 feet above the height limit. The proposed structure is consistent with the character and integrity of the neighborhood. The structure will not significantly impair the primary view of surrounding properties located within 300 feet because it only covers a limited portion of the roof top, is located in the B Row with primary views from properties in the A and C Rows being to the south and north, respectively, and the surrounding area has numerous existing covered roof access structures that exceed the 35 -foot height maximum. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 21-2 to allow for the construction of a covered roof access structure which is a non -habitable architectural feature in excess of the 35 -foot maximum height in the Residential Low Density (RLD-9) zoning district of the Surfside Colony, subject to the following conditions: 1. Minor Use Permit 21-2 is approved for the construction of a non -habitable architectural feature for a Covered Roof Access Structure that is 4 feet 6 inches above the 35 -foot height limit at 84 B Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 21-2. All new construction shall comply with all applicable sections of the City's Zoning Code. 3. There shall be no habitable space permitted within the covered roof access structure. 4. Roof pitches and exterior finishes of the Covered Roof Access Structure shall be compatible with the proposed roof pitches and exterior finishes. 5. Building permits shall be obtained for all new construction requiring such permits. 6. Applicant shall obtain California Coastal Commission approval prior to building permit issuance. 6. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 7. The applicant shall indemnify, defend and hold harmless 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, is] NEIIII Resolution No.21-10 84 B Surfside Ave and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 41" day of October, 2021 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Barry Curtis Planning Commission Secretary KI.5z"I Steve Miller Chairperson 6U pU�%HpY UL�im So d �l7�ee m��nn VICINITY MAP SHEET INDEX WASTE MANAGEMENT & CONSTRUCTION STAGING T—I TITLE SHEET /VICINITY MAP L1 REMEHFS _ 1. I. 11. HASAITT AT TME CASE OF S NSTURB DE BY CONSTR n°N EHUL BE RETUNED ON TRE USlxc STRUCTURAL CONTROLs TO THE MARMLM ExTxT PRAcncAELE. SOL SHALL rc PROPERLY CONTUNED ro MINIMI xSPORT FROM THE SIM To STREETS. DaUxAGE PRIFs SEAs<a1T y� �y CTT A-1 SITE PLAN / ROOF PLAN A-2 PRESENTATION PLAN A-3 FLOOR PLANS —TIS ORF PRE WA RONOFF LETO TRff NINaME w o BMP5 FOR CONSTRUCTION-REUTED MATERIALS. WADIES. SELL sxnu BE IMPLEMExRO TO MINIMRE TRANSPORT O CO A-4 ELEVATIONS & REFLECTED CEILING PLANSs FRFRI NO 111 STREETS, DRAINAGE EAOLnEs, OR AO,MNING PDRDPERnE6 BY 110 Da aUNOFF. I IIIDF` 1111 1PAIIENT All VCHICTE 111 IIALL 11 1AATBIEI IT ITER 1111 loral I IFNUII OR SEDIENT IND OTHER yELECTRICAL �y TO BE QE'ASSAAIDE 1 BEST T ALL CO NSAND �AµRES \ - STAIR DETAILS INDTRUOIN HOURKEEEOITRACTOR THE I ax STAGBTO AREAS,D FOR THINTRACTAR E PRD T RTE ND ANY TEC 7 IT NT THE IND F EACHDAY DIN OF COISTRICTON DR REEYGI ICTITY l CONSTRUCTION DEBRIS AND HASTE MATERIALS SHALL BE DDLL1EC,m D. side STANDARD: CAUSE CA THREITENTO IOULNICH, COITAINARCA OR NUISANCE. OF ttCONTAIN A HAZARDOUS RIBSTANCE I. DuANTHEY REPORTACTO INEIR TEDIRAL AD MY PARIS S� ASO S,AP — OR LWID CHEMICAL SELLS: WASTES FROM PAINTS, STAINS LTLOS; f05ERnLZERS,pAwllcl£/EWIRAFNTSTRUeTURAL DETAILS STEs 11STES RXAX ANY ENaxE/EDURMENT STEAM c1EANING OR cxA1111 D—AN111 AND IIKICULAANATED 10TABIE WATER LNE FLUSHING. DURING CONSTRUCTION. PORITME SNALL NSECIE OF SUCH MATERIALS IN A SRECUEE) AID CO—DED TE.P0PIXY AREA °N TIAL STORIANTE" NUNOFF, MTR MAI De— w ACCORDANCE .1 1111 .yh THL TCH RED ARE E STAT IE—AL6 IN NE D ARE aALtt CONTROL BOARD.11, THE FACE OF SLOPES AT THE cONCLUSIOx OF EACH NOTES PR0JECT LEGEND FLOOR PLAN NOTES ru1mINO DAY. DRADIAEE IB TO BE mREerED TOWAND DERLnxG FANw Eas— PRECAUIa To PNENMT PUELC TATERASE ONTO AREAS WRERE IMPOUNDED ANTER CREATES A HAUaDOUS CONDITION. t ALL DIMENSIONS ARE TO FACE BE FINISH (ELDER.) UNLESS OMERWISE NOTED. CLIENT: 13HE THF ETTIC AIDXII ER09M CaNIAL ax AND INFURE THAT THE ACRA Is IAL ACCARDANCE Mo PLANS. 0R SHALL INSPECT THE AI PPLERS. LESSEES, un FROPFRtt ORxERS THAT DLMPIxc OF CNEMICALs INTO THE STONM LVPW RIETFM OR THE NATERSIED Is INTUN ITER. 2. VERIFY EXISTING DIMENSIONS FROM EXISTING RESIDENCE J SLEEP ROOMS: AT LEAST ONE WINDOW WN CLEAR OPENING SHALL BE AT LEAST 5.75 SQ.FT.(24' HIGH X 20" WOE) AND FIN. SILL HEIGHT SHALL NOT EXCEED 44' FROM FIN, FLOOR STEV LAWRENCE B84 SURFSIDE DRIVE SURFSIDE COLONY, CA 90743 Y 4 SAFETY CLASS FOR GLAZING IN HAZARDWS LOCATIONS SUCH AS GLASS DOORS. GLASS WINDOWS ADJACENT TO PROJECT ADDRESS opPI1ED AT COINSNIENT LOCAnOUS TO FACILTATE RAUND CONSTRUCTION OF DOORS AND WALKING SURFACES SHALL BE PROVIDED. STEV LAWRENCE TEMPORARY OEACES — RAI. IS IM.UIENT 5. PROVIDE SHATTERPROOF GLASS ENCLOSURE AT SHOVER 684 SURFSIDE DRIVE FMDES SENNET IF I. PLACE AT THE END DF EACH wORKwG DAY .. r1c s-DAY RUN AND TUB AREAS SURFSIDE COLONY, CA 90743 PROBABLTY FORECAST EXCEEDS AOS 6. ALL INTERIOR WALLS SHALL HAVE 5/8' GYP. ED.-MINIMUM (U.N.O.) HE ISIG AN EFAL RBTaIN1111 THIS PROJECT SHALL COMPLY WITH: 2019 EDITION OF ME CALIFORNIA RESIDENTIAL CODE ncA9E, All o SNAI BEMPROMELYmlTANED Rr FRCu THE SITE To STREETS, DRAINAGE FAquTIEs OF AwAc[xT PaoPEancs WA reuuaF, 2019 EDITION OF ME CALIFORNIA BUILDING CODE 2019 EDITION OF THE CALCREEN CODE 11. —INS, OR YXI ADDITIONAL NOTES 2019 EDITION OF THE CALIFORNIA MECHANICAL CODE 2019 EDITION OF ME CALIFORNIA PLUMBING CODE NE AEPRYPRNETE 811 MA COISTRUCY—FULATED MATERAI.S. 2019 EDITION OF ME CALIFORNIA ELECTRICAL CODE nEs OR ADwxO PROPERTY BY MND OR RUNOFF. 0x SHE To MINIMISE TRASPORT FRE« THE SHE TO sTREETS, DRAINAGE FACwm BEST MANAGEMENT PRACTICES NOTE: 2o19 CALIFORNIA ENERGY CODE AS THE CEIENT cis (exvs) o eiFE�CTIOLEFLYSEM izi IN cn a�Is vaoiCTs COGISTR C ON NAT SELECTED Bles MUST BE ASTUDED, ZONING INFORMATION CITYOF SEAL BEACH NOTES FAR .NRRUcnUNACT Y RERo°"°ALTDaDE"`° ZONE: --- CINSTRUIRCH N. I. HAT A (CA 10,11 VIv ,TO. B1, as, ED-a(2), 1 -1 THAT 5B) OCCUPANCY: R-3/U1 1. AT TIME OF PERMIT ISSUANCE, CONTRACTOR SHALL SHOW THEIR VALID WORKDERS' COMPENSATION INSURANCE CERTICATE. 2. ALL WORK SHALL CONFORM TO ALL REQUIREMENTS OF STATE OF CALIFORNIA PILE 24 REGARDLESS OF ME CONSTRUCTION TYPE: TYPE V-B INFORMATION INDICATED ON THESE PLANS. IT IS ME RESPONSIBILITY OF ME INDIVIDUAL SUPERVISING ME CONSTRUCTION TO ENSURE THAT AHE WORK IS DONE IN ACCORDANCE INN CODE REQUIREMENTS PRIOR TO SPRINKLERS: YES--PER CRC 313.3 NAME LICENSE NO. EXP. REQUESTING INSPECTION. 3. EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM. LEGAL DESCRIPTION: I/ DEFERRED SPRINKLER SUBMITTAL PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON SIZE UNTIL THEY CAN BE DISPOSED OF ASSOL 4. SOUTH WCOAST AIR GUILTY MANAGEMENT DISTRICT (SCAOAD) SHALL BE NOTIFIED IN ACCORDANCE WN APV: 178-471-36 TRACT CALIFORNIA STATE LAW PRIOR TO START OF ANY DEMOLITION, ADDITION. AND/OR REMODEL WORK. ME SOMME TTOR DURNO CONsmucn OFFICE IS LOCATED AT 21865 COPLEY DRIVE, DIAMOND BAR PHONE A 909-396-2000. BE ADVISED, GOADING MAY REWIRE A 10 DAY WAIT PERIOD PRIOR TO START OF WORK. PROJECT DATA 5. SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM ME SITE BY VEHICLE TRAFFIC. THE CONSTRUC CE55 TO GUARANYEE BEST POSSIBLE SPMNHLER LOCAIIWS. TON ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED INTO ME CONSULTANTS PUBLIC WAY. ACCIDENTAL DEPOSITIONS MUST BE SWEPT UP IMMEDIATELY AND MAY NOT BE WASHED DOWH BY RAIN OR OTHER MEANS. STOCKPILES OF EARTH AND OTHER CONSMCTON RELATED MATERIALS MUST BE PROTECTED FROM BEING TRANSPORTED FROM ME SITE BY THE FORCES OF AND OR WATER. ARCHITECTURAL TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATW OF RAINWATER AND DISPERSAL BY WWMARK WHEELER RESIDENTIAL DESIGN SCOPE OF WORK: FUELS, OILS, SOLVENTS AND OMER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WTH THEIR LISTING AND ARE NOT TO CONTAMINATE ME SOIL AND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS 325 ROYCROFT AVENUE LONG BEACH, CA. 90814 OFFICE: 562-856-5665 NEW 3 STORY SINGLE FAMILY RESIDENCE. 3 BED, 3 1/2 BA WITH 1,712 SQUARE FEET OF LIVING SPACE, A 355 S.F. GARAGE, ARE To BE PROTECTED FROM ME MEANER. SPILLS MUST BE CLEANED UP IMMEDIATELY AND DISPOSED OF IN A PROPER MANNER, SPILLS MAY NOT BE WASHED INTO THE DRAINAGE SYSTEM. CONTACT: MARK WHEELER STRUCTURAL: AND A 616 S.F. ROOF DECK. 6. MANUFACTURER'S PRODUCT INSTALLATION INSTRUCTIONS SHALL BE AVAILABLE ON ME JOB SIZE AT TIE TIME a INSPECTION, ARMSTRONG ARMSTRONG ENGINEERING NIA LAS LOMAS 7. SEPARATE PERMIT SHALL FIRST BE OBTAINED FROM THE CITY PUBLIC WORKS DEPARTMENT PRIOR TO MURIETTA, CA 92562 BUILDING AREA: PLACEMENT OF ANY CONSTRUCTION MATERIALS OR EQUIPMENT IN THE PUBLIC WAY. I. ME ISSUANCE OF A PERMIT SHALL NOT PREVENT ME BUILDING OFFICIAL FROM REQUIRING THE CORRECTION OF ERRORS ON MESE PLANS OR FROM PREVENTING ANY VOLATON OF ME CODES ADOPTED BY ME CITY, RELAVENT LAWS, ORDINANCES. RULES AND/OR REGULATIONS. OFFICE: 714-225-7056 CONTACT: SCOTT ARMSTRONG SURVEY/GRADING: LOT AREA: 1,010 Square feel LOT COVERAGE: 639 S.f. 63% Of IDI CFea N/A 9. ME DUTIES OF ME SOILS ENGINEER OF RECORD INCLUDE: JONES-CARL CIVIL ENGINEERING 1, OBSERVATION OF CLEARED AREAS AND BENCHES PREPARED TO RECEIVE FILL, BE OUSEDALL ILLT MATERIAL AND OTHER MATERIALS. 3. MEEARVATON OF PPROVA REMOVAL ASONS 4. ME INSPECTION OF PLACEMENT AND COMPACTION OF FILL MATERIALS. 5. ME TESTING OF COMPLETED FILLS 6. ME INSPECTION OR REVIEW OF DRAINAGE DEVICES OFFICE: 714-848-0566 CONTACT: DANNY TITLE 24: FAR: GROSS FLOOR AREA (SQ. FT.)- LIVING PATIO GARAGE TOTAL EXISTING: 0 0 0 0 NEW 1ST FL: 285 0 362 647 COMPACTION TEST SHALL NOT BE PERFORMED BY INDIVIDUALS OTTER THAN TIE SOLS ENGINEER OF RECORD UNLESS REQUESTED BY ME SOILS ENGINEER OF RECORD AND APPROVED BY ME CITY BUILDING GI 10. ME PROJECT SIZE SHALL BE KEPT CONTINUOUSLY FENCED IN ACCORDANCE UNTIL ME PROJECT IS FINALIZED OR APPROVAL TO REMOVE TIE FENCE HAS BEEN OBTAINED FROM THE CITY BUILDING LMSION. 24 HOUR SECTIRITY SHALL BE PROVIDED ANY TIME ME FENCE CANNOT BE MAINTAINED INTACT. ENERGY CONSULT LLC 411 N. HARBOR BLVD. STE. 205 SAN PEDRO, CA 90731 OFFICE: 424-247-7658 CONTACT: IGOR NEW 2ND FL: 703 0 0 703 NEW 3RD FL: 703 0 0 703 NEW ROOF DECK: 21 616 0 637 TOTAL: 1,712 616 362 2690 6U pU�%HpY UL�im So d �l7�ee m��nn zs'-B• 'NOTE REGARDING A/C CONDENSER AND GENERATOR: AIC CONDENSER AND GENERATOR MUST ADHERE To ALL N015E LIMBS A5 SET DOWN BY 2019 CALIFORNIA RESIDENTIAL CODE, THE CITY OF SEAL BEACH, AND THE SURFSIDE COLONY HOA, A3A GRNNW/ I2" X 12" 5n&WIT _ 29 SLOPE 2% SLOPE _ ccNc�EnPM16 e^ aas> a conwanoWF gerer r 'NOTE REGARDING FENCES: ANY NEW FENCES CONSTRUCTED AT ®guardraJ Irc. ILJI —I— THE PERIMETER OF THE PROPERTY MUST SLOPE 2% m 1=11wIP-111111 PROPOSED RESIDENCE EITHER BE ENTIRELY WITHIN THE FROFERTY FIRST FLOOR: 285 s.f. w UMITS OR, IF STRADDLING THE PROPERTY 'IIS 11 a0 SECOND FLOOR: 703 s.f. LINE, APPROVAL OF ADJOINING NEIGHBOR 11 -IIID II N THIRD FLOOR: 703 s.f. MUST BE OBTAINED. i .—I.. ROOF DECK: 637 M. N BR ❑ AREA OF DOGHOUSE KP w deck area: 569 spa ABOVE r D 35'MAXIMUM doghouse ea: 68 HEIGHT LIMIT: 755.F. WASPD I V 2" BCLK pILiR FPDRL g I I Is I FRENCH PMN )7 TA L SLOPE 2% �, fip yz yrul I tyl 1yl ROOF SLOPE 2% DECK NEW 200 AMP MAIN N 0 NEW GAS METER 'xorF: uL BooProP eoulPMexr I (A'C wrvoexser., cexewaro1,—PIT, BPOI I NGT PROPOSED GARAGE: 362 s.f. a 35' ne EIGHT LIMIT A SLOPE 2% SLOPE 2% pw N N SLOPE 2% SLOPE 2% I I I FRENCH DRAIN AND FERCOIATION PR WnP 12" X 12" STEEL GRATE AT SURFACE. DIRECT DOWNSPOUTS TO DRAIN. PROVIDE TRENCH DRAIN CONNECTED TO PERCO- LATION PIT, IF NEEDED, SEE DETAIL ONE, THIS SHEET. 51TE PLAN ROOF PLAN SCALE: 4' = P-0" SCALE: 4' = I'-0" X11= OffIcu B BE I I I I I GARAGE I9.s c�4 I I I I I FIRST FLOOR 284 square feet ■ IIS ISI'■1� - ■ ■ ■ SECOND FLOOR THIRD FLOOR ROOF DECK 686 square feet 686 square feet wl doghouse 21 square feet FRESENTATION PLANS SCALE: 4' = P-0" au �Ud�n o-0 W N W � J 3¢ z i o N W oArz: a -s -so SCAIL AS NOTED ORANN:MMW JOB: B84 SHEET: A-2 F r -z" -6 Hn off cE/ u BEACH ROOW r BEDROOM 9LOfd9` THREE ENTRY GARAGE FIRST FLOOR 285 5civare feet 19•_0• 10'-0' S o" 6' lo' T-2' e 6 2 6 4 6 4 2 3] 3] n e 6'-6' 19•_0• SECOND FLOOR TMIRD FLOOR 703 5c[uare feet 703 56[uare feet ROOF DECK w/ doghouse 21 56juare feet FLOOK PLANS 5CALE:4' = 1'-0" m n� z W � 0" 0° � Q Z i o N DATE: a -s -2o SCALE AS NOTED JOB: B84 SHEET: A-3 min 11 1 0 KrTCHE r�ll�� IY � � Ilsii DINING GREAT 1 11 � lay �Ilh y n e 6'-6' 19•_0• SECOND FLOOR TMIRD FLOOR 703 5c[uare feet 703 56[uare feet ROOF DECK w/ doghouse 21 56juare feet FLOOK PLANS 5CALE:4' = 1'-0" m n� z W � 0" 0° � Q Z i o N DATE: a -s -2o SCALE AS NOTED JOB: B84 SHEET: A-3 'NOTE REGARDING HEIGHT UMIT: 35-a MAXIMUM HEIGHT LIMIT TO BE MEASURE FROM CROWN OF 5URF51DE AVENUE 'NOTE REGARDING PENCE5: ANY NEW FENCES CONSTRUCTED AT THE PERIMETER OF THE PROPERTY MUST EITHER BE ENTIRELY WITHIN THE PROPERTY LIMITS OR, IF 5TRADDLING THE PROPERTY LINE, APPROVAL OF ADJOINING NEIGHBOR MUST BE OBTAINED. REAR ELEVATION TAI IJiv o c DMUs NOTNBf SS-IABOVfsPA, BBpI 'T HfIGHT UMIT. ------------------- Ho,E �DP�MxEDFoxDD�HDL�F OUIPMENT E A.D� —MUM 35 �EIGHT LIMIT 0 �I si of ll U I 0 WEST SIDE ELEVATION r –�•NO1E: CUP REQUIRED Fox DOGHOUSE I I a � MAYIMUM 35 1—IT --- — — — I � I I I I I I I I I I I I I I I I I I i ------ j III 111 I l I I EAST SIDE ELEVATION W/ STAIR PLAN ELEVATIONS SCALE: "= I'-0` W N `) w W � J Z w L � N DATE: a -a -so SCAIL AS NO1ED ORANN:MMW JOB: B84 SHEET: A-4 ,y°�sEa`-eF PLANNING COMMISSION STAFF REPORT •C IFOR f• DATE: October 4, 2021 TO: Planning Commission THRU: Barry Curtis, AICP, Interim Community Development Director FROM: Marco Cuevas Jr., Assistant Planner SUBJECT: Request for a Conditional Use Permit (CUP 21-3) to allow an existing restaurant use with an existing beer and wine alcohol license to upgrade to a Type 47 (On -Sale General) alcohol license located at 1025 Pacific Coast Highway within the Seal Beach Center in the Service Commercial (SC) zoning area. LOCATION: 1025 Pacific Coast Highway APPLICANT: Ribeye Restaurant Group, LLC RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-13, APPROVING Conditional Use Permit 21-3 with conditions. GENERAL PLAN COMMERCIAL DESIGNATION: ZONE: SC (SERVICE COMMERCIAL) SITE DESCRIPTION: Assessor's Parcel Map Number: Lot Area: Building Area: Surrounding Properties - North: Residential Low Density (RLD-9) South: General Commercial (GC) East: Residential Low Density (RLD-9) West: General Commercial (GC) 11191114101016i 306,627 square feet 2,308 square feet ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of service of general alcohol at an existing restaurant, involving negligible or no expansion beyond the existing use. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on September 23, 2021 and mailed to property owners and occupants within a 500' radius of the subject property on September 23, 2021, with affidavits of publishing and mailing on file. LVA r.71\IVr MM, WA T ANALYSIS The subject property is located on the north side of Pacific Coast Highway at 1025 Pacific Coast Highway in the Service Commercial (SC) zone. The property is developed with a multi -tenant shopping center approximately 306,627 square feet in lot area referred to as the Seal Beach Center. The center is anchored by a Von's Pavilions restaurant and a CVS drug store. There are single-family residences located to the north and east of the commercial center with commercial and residential uses to the south and west across Pacific Coast Highway. The applicant has submitted an application for a Conditional Use Permit (CUP) to upgrade an existing Type 41 (on -sale beer and wine — eating place) license to a Type 47 (on -sale general — eating place) Alcoholic Beverage Control (ABC) license. The subject location contains an existing 2,308 -square -foot restaurant space, located within the Regency Center/Seal Beach Shopping Center. Since 1984, the business within the property has operated as "Coach's Sports Grill," a sports -themed restaurant serving pub type food and beverages. The business has been operating under Conditional Use Permit 8-84, approved by the Planning Commission on May 2, 1984. Conditional Use Permit 08-84 allowed for the sale of beer and wine for on premise consumption. The applicant proposes to continue operating as a restaurant within the existing 2,308 -square - foot commercial space. As part of the request for a Type 47 ABC license, minor alterations will be completed within the restaurant to create a small defined bar/seating area. The restaurant proposes to be open daily. In addition, the establishment is required to comply with all policies pertaining to alcohol uses. Seal Beach Municipal Code (SBMC) Section 11.4.05.015 requires each alcoholic beverage establishment to obtain approval of a CUP prior to issuance of an Alcoholic Beverage Control (ABC) License from the State of California. On-site alcohol consumption will still be restricted to the restaurant only. Conditions have been imposed on the establishment to ensure the proper service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The proposed use is in compliance with the General Plan Beach Land Uses definition that encourages commercial areas to provide a broad range of retail and service needs for the community. The restaurant proposes to reopen under new branding concept, to be known as "Mash SB", and is seeking to enhance its floor plan to complement the food menu items. Mash SB proposes to operate as a light sports -themed restaurant, providing an elevated menu well-suited for the type of food and beverage items to be offered. A restaurant serving beer and wine has previously been determined to be compatible with neighboring uses and the use enhances customer experiences. The interior modifications have conditions incorporated to help ensure that the use will be compatible with the surrounding uses. The Type 47 alcohol license permits the restaurant to offer beer, wine and distilled spirits. The use is allowed subject to the Commission's approval of the CUP application with its modified plans. The subject building is physically adequate and the proposed use is compatible with the existing uses in the area, as the subject site has operated as a restaurant with an alcohol license since 1984. The hours of operation will be consistent with previously approved hours from 11 AM to 11 PM Monday through Friday, and 10 AM to 11 PM on Saturday and Sunday. Additionally, the City of Seal Beach requires any new alcohol license to be compliant with Seal Beach Council Policy 600-1, which requires establishments to be 100 feet away from the nearest residential structure. Further, Policy 600-1, to limit potential noise impacts to surrounding residential uses, also provides for a similar 100 -foot separation from the parking areas for establishments serving alcoholic beverages. To address large, shared parking areas such as at Seal Beach Center, Policy 600-1 defines the area from which the separation should be measured as: "the area which would reasonably be necessary to accommodate the anticipated parking needs of the premises..." The subject establishment is located approximately 145 feet away from the nearest residential structure to the north and, as proposed and conditioned, the rear door to the establishment must be closed at all times and not be used as a customer entrance/exit. Accordingly, staff has determined that the reasonable parking area to accommodate patrons is within the larger northerly parking field closest to Pacific Coast Highway. Therefore, for the purposes of Policy 600-1, the separation is approximately 145 feet as measured from the rear wall of the premises to the nearest residential structure. According to the Seal Beach Police Department the project site has a low number of calls for service. For reference, the issuance of a Type 47 ABC license does not count as an additional license within the census tract ratio, as an on -sale general liquor license would replace the previously issued on -sale beer and wine license. The proposed interior modifications will not increase the number of parking spaces required for the center as the area of the restaurant unchanged. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 21-13 to approve CUP 21-3 to allow an existing restaurant with an existing Type 41 (On -sale Beer and Wine) alcohol license to upgrade to a Type 47 (On -sale General) alcohol license within the Service Commercial (SC) zoning area. Prepared by: Marco Cuevas Jr. Marco Cuevas Jr. Assistant Planner Attachments: Barry Curtis Barry Curtis, AICP Interim Director of Community Development 1. Resolution No. 21-13 — A Resolution of the City Council of the City of Seal Beach, Approving Conditional Use Permit 21-3 to allow an existing restaurant with an existing beer and wine alcohol license to upgrade to a Type 47 (On -Sale General) alcohol license at 1025 Pacific Coast Highway in the Service Commercial (SC) Zoning Area. 2. Site Plan and Floor Plan RESOLUTION NO. 21-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 21-3 TO ALLOW AN EXISTING RESTAURANT WITH AN OUTDOOR EATING AREA AND AN EXISTING TYPE 41 (BEER AND WINE) LICENSE TO UPGRADE TO A TYPE 47 (ON -SALE GENERAL) LICENSE AT 1025 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Ribeye Restaurant Group, LLC submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 21-3 for the upgrade of an existing Type 41 (On -Sale Beer and Wine) alcohol license to a Type 47 (On -Sale General) alcohol license at an existing restaurant at 1025 Pacific Coast Highway (the "subject property"), which is located in the Service Commercial (SC) zoning area. Section 2. This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of service of general alcohol at an existing restaurant, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on October 4, 2021 to consider the application for CUP 21-3. 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 location operates as an existing restaurant space, located within the Regency Center/Seal Beach Shopping Center, consisting of 2,308 square feet. The property is developed with a multi -tenant shopping center with a lot area of approximately 306,627 square feet. There are single-family residences located to the north and east of the commercial center with commercial and residential uses to the south and west across Pacific Coast Highway. The subject property is located in the Service Commercial (SC) zone. B. The proposed upgrade of the alcohol license from a Type 41 (On - Sale Beer and Wine) alcohol license to a Type 47 (On -Sale General) alcohol license for beer, wine and distilled spirits does not require any modifications to the existing building. The applicant is maintaining the footprint of the existing restaurant with the exception of tenant improvements to establish the branding decor of the restaurant. Section 4. 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 Seal Beach Municipal Code (SBMC), the Planning Commission makes the following findings: Page 1 of 6 Resolution No. 21-13 1025 Pacific Coast Highway A. The proposed upgrade of the alcohol license in conjunction with a bona fide eating establishment is consistent with the General Plan. The General Plan specifies that Service Commercial Land Uses should provide a broad range of retail and service needs for the community. With the continued use of the subject site as a restaurant along with the upgraded service of beer, wine and distilled spirits, the restaurant can offer its customers a wider range of beverages to compliment the food items on the menu. B. The proposed use complies with applicable provisions of the Municipal Code. The SBMC allows for the upgrade of the Type 41 (On -Sale Beer and Wine) alcohol license to a Type 47 (On -Sale General) alcohol license at a bona fide eating establishment subject to approval of a Conditional Use Permit. The proposed restaurant is in compliance with all other applicable provisions of the SBMC. C. The subject site is physically adequate for the proposed use. The restaurant with the upgrade of the alcohol license does not require alterations to the exterior of the building and no additional parking is required. The subject site is considered in compliance with all parking requirements because the site is not expanding and the current footprint will not expand. D. The location, size, design, and operating characteristics of the proposed restaurant with the alcohol license upgrade would be compatible with the surrounding uses 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 SBMC and Commercial - Service land Use designation. Conditions have been imposed to ensure the proper service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The proposed hours of operation for the restaurant will be 11 AM to 11 PM Monday through Friday, and 10 AM to 11 PM on Saturday and Sunday. E. The establishment, maintenance, and operation of the proposed upgrade of the alcohol license from a Type 41 (On -Sale Beer and Wine) alcohol license to a Type 47 (On -Sale General) alcohol license would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed upgrade of the license will not require modifications to the site and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in SBMC Section 11.4.10.020 and will not create adverse impacts upon adjacent uses. F. The subject site is located within the Regency Center/Seal Beach Shopping Center. The subject site is approximately 145 feet from the nearest residential structure as measured from the rear access that is limited to employee and emergency use only located at the back of the restaurant. Alternatively, the subject site is approximately 240 feet from the nearest residential structure as measured from the restaurant's primary front entrance (with the subject structure intervening). The subject site has operated a restaurant with an alcohol license since 1984. 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 enclosed space. In the event that complaints are Page 2of6 Resolution No. 21-13 1025 Pacific Coast Highway received in the future, the Planning Commission reserves the right to reconsider the operation of the business and the conditions of approval. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 21-3 to permit 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 within an existing commercial restaurant building, at 1025 Pacific Coast Highway, subject to the following conditions. 1. Conditional Use Permit 21-3 is approved to permit the upgrade of the Type 41 (On - Sale 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 at an existing restaurant at 1025 Pacific Coast Highway. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. In connection with the 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 §2300 to §2600, including but not limited to Rule 61.3(a) and 61.4. 3. 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. 4. The premises of the restaurant must be in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department date stamped July 2021. 5. The hours of operation shall be 11 AM to 11 PM Monday through Friday, and 10 AM to 11 PM Saturday and Sunday. 6. The back door shall be closed at all times and not be used as a customer entrance/exit, and shall only be used for employee access and emergencies. 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. It shall be the responsibility of the applicant/licensee 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. 10. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not limited to the following topics and skills development: o State Law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. Page 3of6 Resolution No. 21-13 1025 Pacific Coast Highway o The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing underage customers. 11. The following organizations provide training programs, which comply with the above criteria: o Department of Alcoholic Beverage Control License Education on Alcohol & Drugs (LEAD) Training (657) 205-3533 or Leadinfo@abc.ca.gov o Orange County Health Care Agency Alcohol & drug Education Prevention Team (ADEPT) Serving Alcohol Responsibly (BARCODE) (714) 834-2178 12. Deliveries to the premises are prohibited between 10 P.M. and 7 A.M. 13. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10 P.M. and 7 A.M. 14. The establishment must comply with SBMC Chapter 7.15 "Noise". Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 15. Any proposed alterations or upgrades to the restaurant will require review and approval from the City of Seal Beach Planning Division. 16. A modification of this CUP must be applied for 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. 17. 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 SBMC to require the provision of additional security measures. 18. 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. Page 4of6 Resolution No. 21-13 1025 Pacific Coast Highway 19. The establishment shall have a public telephone listing. 20. Litter and trash receptacles shall be located at convenient locations inside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 21. All alcoholic beverages sold in conjunction with the on -premises licensed establishment must be consumed entirely on the premises prior to closing time. No alcoholic beverage shall be consumed in the parking lot. In no circumstance shall any alcohol be passed from patrons inside the restaurant to outside. 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. 22. The restaurant must be maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 23. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 24. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 25. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 26. 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. 27. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 28. Approval of this request shall not waive compliance with all sections of the SBMC, or all other applicable City Ordinances in effect at the time of building permit issuance. 29. 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. 30. 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, Page 5 of 6 Resolution No. 21-13 1025 Pacific Coast Highway 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 October 4, 2021, by the following vote: AYES: Commissioners NOES: Commissioners /_1:�92 1101 WONIT, 11 SUM= ABSTAIN: Commissioners ATTEST: Barry Curtis Planning Commission Secretary Page 6of6 Steve Miller Chairperson Coach's Sports Grill Tenancy Improvement 1025 PACIFIC COAST HWY SEAL BEACH, CA 90740 I SEAL BEACH CENTER 97,675 SQF INNOVATION 6 DESIGN in ARCHITECTURE, Inc. 218 The Promenatle North Lonq Beach. CA 90802 w.itlaexperi PROPOSED TENANT SPACE 2,308 SQF BOLS?' AVE(E) RETAIL 14,984 SQF IIIIEI Ll /, I,Iliil PROPERTYYLINES �� ASC', °° STh SEAL BEACH CENTER SITE PLAN 1" = 160'-0" COACH'S SPORTS GRILL 1025 PACIFIC COAST HWY SEAL BEACH, CA 90740 TITLE PAGE Emu )D-0.0 TITLE PAGE )D-1.0 EXISTING FLOOR PLAN )D-2.0 PROPOSED FLOOR PLAN )D-3.0 EXTERIOR ELEVATION M AAll 55 F�* se EXISTING BOOTHS AND TABLES TO BE REMOVED IIII I I IIII I I IIII I IILJ I_J 11LJ ISI I I F_flF_1 F_flF_1 II I I IIII I I IIII I EXISTING FLOOR PLAN 118" = 1'-0" COACH'S TENANCY IMPROVEMENT F_FF_1 F -M I IIII I I III I EXISTING CONDITIONS TO BE PREPED TO RECEIVE NEW CONSTRUCTION & FINISHES LISTING PARTITIONS AND .UMBING FIXTURES TO BE =MOVED I I u l II �I H II 1(5la _ II II COACH'S SPORTS GRILL EXISTING FLOOR PLAN SB PACIFIC COAST HWY SEA IJ IJ A � IJ 1 SEAL BEACH, CA 90740 INNOVATION 6 DESIGN DD -1.0 Local n nc. 218 The Promenade North Lonq Beach, CA 90802 w. idaexperience.com Area Schedule (Rentable Space) NAME AREA PERCENTAGE DINING AREA 639 SF 28% STORAGE 457 SF 20% BAR SERVICE 308 SF 13% KITCHEN 255 SF 11% STORAGE 192 SF 8% CORRIDOR 163 SF 7% RESTROOM 135 SF 6% KITCHEN 130 SF 6% MOP 28 SF 1% TOTAL 2308 SF 100% Rentable Space ❑ BAR SERVICE ❑ CORRIDOR DINING AREA KITCHEN ■ MOP ❑ RESTROOM ■ STORAGE OD DOORS OW WINDOWS DD -3.0 1 w Z J w n- o PROPERTY LINE � W E-) DINING AREA 639 SF PROPOSED FLOOR PLAN 1/8" =1 1-0" BAR SERVICE 308 SF OF DRIN PROPERTY LINE KITCHEN 255 SF PARATIO F FOODI D3 r D4 \4 KITCHEN scuLLER 130 SF D2 CORRIDORV 163 SF D6 STORAGE 192 SIF \D7 PROPERTY LINE 1':R7A�9 135 SF ALK IN COOLER M COACH'S SPORTS GRILL PROPOSED FLOOR PLAN- SB PACIFIC COAST HWY SEA MEAft'S IJ 1 SEAL BEACH, CA 90740 INNOVATION 6 DESIGN DD -2.0 Local n nc. 218 The Promenade North Lonq Beach, CA 90802 w. idaexperience.com 3 LU J LU LU 0 0, EL 1 -1 TERRACOTTA ROOF TILE I TAN STUCCO �. O 00 TERRACOTTA ROOF TILE COACH'S SPORTS GRILL EXTERIOR ELEVATION 'n■ — J-1 SEA PACIFIC COAST HWY M � �'} IISEAL BEACH, CA 90740 �� u u INNOVATION 6 DESIGN D D-3.0 Local Crafts n nc. 218 The Promenade North Lonq Beach, CA 90802 w. idaexperience.com J• J� SIGNAGE ROO� 0 — —° t 13' 3" CREAM STUCCO ar BLACK METAL — — — • • STOREFRONT BLACK METAL I I BLACK METAL STOREFRONT STOREFRONT ' VANILLA ' COLUMN MOULDING L�J�FINISHED SLAB 0'-0" EXTERIOR ELEVATION 1 3/16" = 1'-0" COACH'S SPORTS GRILL EXTERIOR ELEVATION 'n■ — J-1 SEA PACIFIC COAST HWY M � �'} IISEAL BEACH, CA 90740 �� u u INNOVATION 6 DESIGN D D-3.0 Local Crafts n nc. 218 The Promenade North Lonq Beach, CA 90802 w. idaexperience.com