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HomeMy WebLinkAboutPC Res 24-08 - 2024-07-15 RESOLUTION NO. 24-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 24-02 PERMITTING THE OPERATION OF A TAKE OUT RESTAURANT LOCATED IN THE GENERAL COMMERCIAL (GC) ZONING AREA - 456 PACIFIC COAST HIGHWAY. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Steve Holguin, ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 24-02. The proposed project would allow for the operation of a take out restaurant located at 456 Pacific Coast Highway, located in the General Commercial (GC) Zone. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for existing structures, involving negligible or no expansion of use. Section 3. A duly noticed public hearing was held before the Planning Commission on July 15, 2024, to consider Minor Use Permit 24-02. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the public hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 24-02 to permit the operation of a take out restaurant within an existing commercial shopping center located at 456 Pacific Coast Highway, Seal Beach, California. B. The subject property is an irregular shaped parcel of land containing approximately 33,318 square feet. The property has approximately 218 feet of frontage on Pacific Coast Highway and a depth varying from 26 feet to 170 feet. The developed building area encompasses 9,500 square feet on a lot located within the General Commercial (GC) Zone. The subject commercial space is 1,000 square feet and faces Pacific Coast Highway. The subject commercial space is bordered to the west by a Residential Low Density-15 (RLD-15) Zone and to the east across California Highway — 1, by a Residential Low Density-9 (RLD-9) Zone. C. The proposed new commercial use requires the approval of a Minor Use Permit to allow the operation of a take out restaurant use within the GC Zone. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20.020 (Required Findings) of the Seal Beach Municipal Code, the Planning Commission makes the following findings: -1 of 4- Resolution No.24-08 456 Pacific Coast Highway A. The proposed use is consistent with the General Plan because the commercial activity encourages growth in the commercial area. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed take out restaurant establishes a restaurant option on the property that is consistent with land uses routinely approved in the GC zone. B. The proposed new use is allowed within the GC zone subject to the approval of a Minor Use Permit and complies with all other applicable provisions in the Municipal Code. C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking and circulation for the take out restaurant and interior alterations. 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 areas. The proposed take out restaurant compliments the existing commercial uses and complies with height, setback and parking requirements of the GC zoning area. The new use will not disrupt the existing character of the shopping center. The hours of operation shall be limited to the hours between 6:00 A.M. to 10:00 P.M., daily. 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 interior tenant improvement alterations will require a minimal period of construction and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 (General Site Standards — Performance Standards) of the Zoning Code and will not create adverse impacts upon adjacent use. The commercial use will be consistent with uses already operating in GC zones. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 24-02 to allow for the operation of a take out restaurant at 456 Pacific Coast Highway within an existing commercial shopping center named PCH Plaza, subject to the following conditions: 1 . Minor Use Permit 24-02 is approved for the operation of a take out only restaurant at 456 Pacific Coast Highway. 2. The premises of the take out restaurant must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department dated April 10, 2024. 3. All business must be conducted within the building. 4. The applicant is required to obtain all Building & Safety permits before tenant improvements, construction or demolition. -2 of 4- Resolution No.24-08 456 Pacific Coast Highway 5. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. 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. 6. No trash disposal activities may occur in association with the operation of this business facility between the hours of 10:00 P.M. and 6:00 A.M. 7. No commercial deliveries allowed between 8:00 p.m. and 7:00 a.m., daily. 8. No dining tables are permitted for this take out only restaurant approval. 9. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. 10. Any proposed alterations or upgrades to the business, use or building will require review and approval from the City of Seal Beach Planning Division. 11 . The Planning Commission reserves the right to revoke or modify this MUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 12. Any modification of this MUP must be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 10. 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. 11. 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, 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 -3 of 4- Resolution No.24-08 456 Pacific Coast Highway 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 15th day of July 2024, by the following vote: AYES: Commissioners CAMPBELL, WONG, MINGIONE, WHEELER, COLES NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Chairperson ATTES . Alexa Smittle Planning Commission Secretary -4 of 4-