The URL can be used to link to this page

Home My WebLink AboutPC Res 07-57 - 2007-10-03 RESOLUTION NUMBER 07-57 OR/6'h /tI4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 07-12 PERMITTING THREE, FOUR-SEAT TABLES WITH UMBRELLAS FOR OUTDOOR DINING USE AT A PROPOSED NEW VONS SUPERMARKET AT 11 01 PACIFIC COAST HIGHWAY, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 29, 2007, Cherry Protacio of Adolph Ziemba, AlA & Associates, filed an application for Conditional Use Permit 07-12 with the Department of Development Services. Section 2. The applicant is requesting approval to permit three, four-seat tables with umbrellas for outdoor dining use at a proposed new V ons Supennarket located at 1101 Pacific Coast Highway, within the Seal Beach Center. Section 3. Pursuant to 14 Calif. Code of Regs. S 15302 (b), staff has determined as follows: The application for Conditional Use Permit 07-12 for the requested land use entitlements at a proposed new Vons Supelmarket is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on October 3, 2007, to consider the application for Conditional Use Permit No. 07- 12. At the public hearing the Planning Commission received into written and oral evidence on the proposed project. Section 5. The record of the public hearing of October 3, 2007 indicates the following: (a) On August 29, 2007, Cherry Protacio of Adolph Ziemba, AlA & Associates, filed an application for Conditional Use Pennit 07-12 with the Department of Development Services requesting approval to permit three, four-seat tables with umbrellas for outdoor dining use at a proposed new Vons Supermarket at 1101 Pacific Coast Highway, within the Seal Beach Center. (b) The proposed new Vons Supermarket will be located at the southeast corner of the Seal Beach Center and does not directly face any residential area. The nearest homes to the requested outdoor seating are located approximately 250 feet away from the proposed outdoor seating area, to the east, between Balboa Drive and Marble Cove Way. 10f4 Planning CommissIOn Resolution No. 07-57 Conditional Use Permit 07-57 1101 Pacific Coast Highway (Vons Market) October 3, 2007 (c) Surrounding land uses and zoning are as follows: NORTH: Single Family Residences within the Residential Low Density (RLD) Zone. SOUTH: Commercial properties within the General Commercial (C-2) Zone. EAST: Single Family Residences within the Residential Low Density (RLD) Zone. WEST: Commercial properties within the Service Commercial (C-l); General Commercial (C-2); and Main Street Specific Plan (MSSP) Zones. (d) The new Vons Supermarket is approximately 48,666 square feet in size. (e) The Planning Commission has previously approved Conditional Use Pernlit 05-3 to allow 24-hour operation and sale of alcohol for off-premise consumption at the new V ons Sup ernl arket; Height Variation 05-5 for a non-habitable architectural feature that exceeds the 35 ft. height limit by 7ft. at the new V ons Supermarket; and Mitigated Negative Declaration 05-5 for the Seal Beach Center renovation. (f) The Planning Commission has previously approved a similar request to maintain three, 4-seat tables with umbrellas for outdoor dining lIse at the Ralph's Supennarket at 12470 Seal Beach Boulevard on March 21,2007 (CUP 07-2) Section 6. Based upon the facts contained in the record, including those stated in ~5 of this resolution and pursuant to ~~ 28-1301 and 28-2503 of the City's Code, the Planning Commission makes the following findings: (a) CUP No. 07-12 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits outdoor dining areas subject to the issuance of a Conditional Use Pennit. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The building and property at the Seal Beach Center are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (c) The requested outdoor seating area, if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions 20f4 Planning Commission Resolution No. 07-57 Conditional Use Permit 07-57 1101 Pacific Coast HIghway (Vons Market) October 3, 2007 of approval placed on the use by the City of Seal Beach would mitigate any negative impacts to neighboring residential properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 07-12, subject to the following conditions: 2. CUP 07-12 is approved for three, four-seat tables with umbrellas for outdoor dining use at the proposed new Vons Supermarket at 1101 Pacific Coast Highway. 3. The applicant shall continue to comply with all provisions of Conditional Use Pennit 05- 3, regarding 24-Hour Operations and Alcohol Sales. 4. This Conditional Use Pelmit shall not become effective for any purpose L1nless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 5. A modification of this Conditional Use Pernlit shall be obtained when: (a) The establishment proposes to change the location or number of seats available at the outdoor seating area. (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. 6. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach. 7. In the event staff determines that security problems exist on the site, the conditions of this pernlit may be amended, under the procedures of the Seal Beach Municipal Code, to require the provision of additional security measures. 8. Litter and trash receptacles shall be located at convenient locations adjacent to the outdoor seating area, and the operator of the establishment shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles oLltside the establishment between the hours of 10:00 P.M. and 7:00 A.M, seven days a week. 9. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code, as the regulations of that Chapter now exist or may hereafter be amended. 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. 30f4 Planl11l1g CommiSSIOn ResolutIOn No. 07-57 Conditional Use Pernut 07-57 1101 Pacific Coast Highway (VOI1S Market) October 3, 2007 10. This Conditional Use Permit shall become null and void unless exercised within one (1) 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 Department of Development Services a minimum of ninety (90) days prior to such expiration date. 10. The applicant shall indemnify, defend and hold hannless 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, finns, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use pernlitted 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 pennitted by this Conditional Use Pennit, 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 perfonnance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, bLlt 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 3rd day of October 2007 by the following vote: AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None s:i eN#'~1:~{1--rU Chairperson, Planning Commission Lee WhIttenberg Secretary, Planning Commi 40f4