HomeMy WebLinkAboutPC Res 1448 - 1987-03-04
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RESOLUTION NUMBER 1448
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 19-86,
A REQUEST TO AMEND CONDITIONAL USE PERMIT 8-86 TO
PERMIT THE REESTABLISHMENT OF A WALK-UP/TAKE-OUT
RESTAURANT AT 909 OCEAN AVENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on December 31, 1986, Mark W.
application for CUP 19-86
Development Services; and
Corky Gill submitted an
to the Department of
WHEREAS, the applicant is requesting to amend Conditional Use
Permit 8-86 to permit the reestablishment of a walk-
up/take-out restaurant without sit-down service at 909
Ocean Avenue. Specifically, the applicant wishes to
delete the second and fourth conditions attached to
Resolution Number 1413. In addition, the applicant
would like to retain an existing two-car garage to
satisfy the parking requirement for the fast food
operation, in lieu of paving the gravel parking area;
and
WHEREAS, the subject property contains 5,500 square feet with 50
feet of frontage on Ocean Avenue, and is located 140
feet east of the centerline of Main Street; and
WHEREAS, the subject property contains a 1,773 square foot
restaurant and a 400 square foot garage which is
nonconforming due to inadequate rear setback. The
subject property is further nonconforming due to
substandard landscaping, and an unimproved loading
space/parking area; and
the subject property was
restaurant purposes for more
October 1985. From that time,
the property has been inactive;
WHEREAS,
continually used
than 15 years
the restaurant
and
for
until
use of
WHEREAS, Section 28-2404 of the Municipal Code requires that any
nonconforming use of land which is discontinued for
three consecutive months or more shall be abated, and
any further use of such land shall be fully conforming;
and
WHEREAS, in order to bring the subject property into conformance
with the zoning ordinance, as stipulated under Section
28-2404, the applicant requested a variance from the
parking and loading zone requirements, a conditional
use permit for wa1k-up/take-out service, and a
conditional use permit for live entertainment. These
applications were made in March, 1986; and
WHEREAS, after public hearings on April 16, 1986 and May 7,
1986, the Planning Commission approved the requests for
parking variance and wa1k-up/take-out service, but
denied the entertainment permit. Action was by
Resolution #1412, #1413, and #1414 respectively; and
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Resolution No. 1448
Page 2
WHEREAS, the Commission's approval of Variance 5-86 was subject
to the following conditions:
a. That the applicant provide in writing an agreement
to participate in an in-lieu parking program or
any other programs the City Council may establish
for parking in the Downtown area to the amount
equal to the provision of 8 spaces. If the City
Council does not establish such a program, the
applicant shall provide a private agreement
subject to approval of the City Attorney.
b. That a covenant be recorded on the title of the
property which stipulates that 8 additional
parking spaces are required for restaurant use of
the property. Any changes to proposed or existing
on-site or contractual parking agreements which
may affect the conditions herein stated are
subject to review and update by the Planning
Commission.
c .
That a sign program be designed
signage and be approved by
Development Services.
for all building
the Director of
d .
That the restaurant use
designated on the site
Planning Commission and as
condition.
not exceed the area
plan as approved by the
modified by any other
e. That the applicant provide a trash bin enclosure
(6 feet high block wall with gate) location and
design to be approved by the Director of
Development Services.
f. That the existing sidewalk area fronting the
property be removed and replaced with the City
approved decorative sidewalk treatment per the
approval of the City Engineer.
g. That the street trees be provided subject to the
requirements of the City Engineer.
h. That a detailed landscape and irrigation plan
which provides adequate landscaping in those areas
noted in the proposed parking layout Scheme "A".
Such plans to note the size (24" Box Minimum) and
type of plant materials of the landscaped area.
All landscaped areas shall be separated by a 6"
curb.
i. That all building improvements which are proposed
or made in the past be brought into compliance
with the 1982 edition of the Uniform Building
Code; and
WHEREAS, the Commission's approval of Conditional Use Permit
8-86 was subject to the following conditions:
a. That the applicant provide adequate trash
facilities as approved by City staff.
b. That approval be subject to all conditions
established for Variance 5-86 and Conditional Use
Permit 9-86 (denied).
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Resolution No. 1448
Page 3
c .
That the location and operation of
windows be subject to staff review
modification after one year if
circulation problem exists.
the take-out
and possible
a sidewalk
d. That the development be in accordance with the
floor plans as approved by the Planning Commission
and as modified by the above conditions; and
WHEREAS, following approval of Variance 5-86 and Conditional Use
Permit 8-86, the applicant received a temporary
Certificate of Occupancy, dated May 23, 1986, which
reiterated the above conditions, and required detailed
plans for landscape and parking lot improvements; and
WHEREAS, to date, the applicant has not fulfilled the terms of
Variance 5-86, CUP 8-86, or the Temporary Certificate
of Occupancy. Consequently, the applicant is proposing
an alternative use of the subject property, a less-
intensive walk-up/take-out restaurant, and requesting
relief from the conditions attached to the sit-down
restaurant requested previously; and
WHEREAS, the Planning Commission makes the following findings:
1. This request for Conditional Use Permit 19-86
represents an effort on the applicant's part to
reestablish a business on the subject property as
economically as possible, in conformance with the
Municipal Code and previous actions of the
Planning Commission.
2. With appropriate conditions attached, approval of
this request will not adversely affect the
surrounding neighborhood.
3. The use proposed is compatible with surrounding
uses, the community in general, and the General
Plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Seal Beach does hereby approve Conditional Use Permit
19-86 subject to the following conditions:
1. The parking area shall be cleared of debris, maintained
weed-free and dust free, and marked for five (5) standard
parking spaces. The parking area shall be fully paved with
portland cement concrete or asphaltic concrete by December
31, 1987, at which time a Certificate of Occupancy may be
issued.
2 .
The existing two car garage shall be
exclusively for parking purposes.
installed in the garage doors to allow
of the garage interior.
maintained and used
Windows shall be
visual inspection
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Resolution No. 1448
Page 4
3. A landscape and irrigation plan showing the equivalent of
550 square feet of landscaping, including two trees, shall
be provided, implemented, and thereafter maintained to the
satisfaction of the Department of Development Services.
4. The former dining area shall be maintained and used
exclusively for the storage of goods used in conjunction
with the proposed walk-up/take-out restaurant.
5. The doorway connecting the existing kitchen to the storage
area shall be blocked off to prevent customer access to the
storage area.
6. The corrugated metal siding on the building's exterior and
the garage structure shall be painted an off-white or beige
shade, with advance approval of materials by the Department
of Development Services prior to the issuance of a Temporary
Certificate of Occupancy. Within three years of the
approval of this CUP, however, the metal siding shall be
completely removed and replaced with a stucco or wood-type
material, subject to the review and approval of the
Development Services Department.
7. No alcohol shall be sold in conjunction with the walk-
up/take-out restaurant.
8. The applicant shall provide a trash bin enclosure prior to
the issuance of a Certificate of Occupancy (six feet high
block wall with gate), the location and design to be
approved by the Department of Development Services.
9.
The sign on the two car garage
signage, except relating to
that location.
shall be removed and no
parking, shall be allowed in
10. The term of this permit shall be for one (1) year, after
which time the Planning Commission may extend the permit to
February 28, 1990, provided that all conditions of approval
have been satisfied.
11. The applicant shall provide and maintain two covered-access
trash cans, type and location to be determined by the
Department of Development Services.
12. The hours of operation shall be between 7:00 a.m. and 11:00
p.m., seven (7) days per week.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 4th day of
March, 1987, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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