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HomeMy WebLinkAboutPC Res 1413 - 1986-05-07 -.. It . ., r RESOLUTION NUMBER 1 41 ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT 8-86, A REQUEST TO PERMIT A RESTAURANT WITH A TAKE-OUT COUNTER (909 OCEAN AVENUE, SENOR CORKY'S) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH HEREBY RESOLVES: WHEREAS, Conditional Use Permit 8-86 was requested to allow the re-establishment of a take-out operation; and WHEREAS, on March 20, 1986, Mark W. Gill formally applied for Conditional Use Permit 8-86 to the Department of Development Services; and WHEREAS, the subject property consists of two 25 x 110 parcels containing approximately 6.050 sq. ft. and is located 240 feet east of the centerline of Ocean Avenue and Main Street (909 Ocean Avenue); and WHEREAS, the subject property has approximately 50 linear feet of frontage on Ocean Avenue; and WHEREAS, the surrounding land use and zoning area as follows: North - A mixture of commercial uses and non-conforming residential uses within the C-1 (Service Commercial) Zone. South - Eisenhower Park located in the PLU (Public Land Use) Zone East - A mixture of high, medium and low density residential units located in a the R-3 (High Density) Zone. West - Commercial retail and restaurant uses located in the C-l (Service Commercial) Zone; and WHEREAS, the subject property contains a 1.773 sq. ft. restaurant and a 840 sq. ft., 2-story, nonconforming storage garage with no improved parking spaces; and WHEREAS, the subject property was continually used for restaurant purposes for more than 15 years up until October, 1985. From that time until present, the restaurant use of the property has been inactive; and WHEREAS, Section 28-2404 requires that the nonconforming restaurant use of the property which was discontinued for three consecutive months or more, shall before any further use, conform to the provisions of the zoning ordinance. The applicant desires to re-establish the restaurant at this time. Pursuant to this desire, the applicant has made the subject Variance and Conditional Use Permit applications; and WHEREAS, the market and tenant mix study prepared for the City as part of the Downtown Revitalization Study by Keyser Marston Associates, Inc., land use and real estate economic consultants, noted than an increase in the amount of restaurant space by 10,000 to 20,000 sq. ft. from the existing 40,000 sq. ft. would be the ideal market tenant distribution for the speciality retail nature of the downtown area; and .... I _ . . . l-- WHEREAS, the Market and Business Analysis Task Force on Downtown Revitalization recommended the following specifically addressing tenant mix: a. It shall be explicitly clear that the following be only in the form of a recommendation as near term strategy to improve the store mix in the existing space and that the City in no way be able to legislate or mandate the choice of tenancy. It is desirable to: 1) decrease the amount of personal service and convenience goods space, 2) increase the amount of restaurant space and 3) retain the present amount of comparison goods space; and WHEREAS, the applicant has provided a plan of proposed landscaping for greater than the 10% of the site required by the Municipal Code; and WHEREAS, Section 28-2503 of the Seal Beach Municipal Code states that the Planning Commission may grant a Conditional Use Permit in the case of an application for a use which is required to be reviewed and conditioned prior to approval so as to insure compatibility with surrounding uses and the community in general and the General Plan (Ord. 948); and WHEREAS, the applicant's establishment encompasses approximately 1,773 sq. ft. distribution of the restaurant area as follows:' 974 sq. ft. (55%) dining area 61 sq. ft. (3%) bar area 423 sq.ft. (24%) kitchen/storage/service & take-out area 315 sq. ft. (18%) bathroom/hallway/office 1,773 sq. ft. (100%) Total restaurant area NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve Conditional Use Permit 8-86 with the following conditions: 1. That the applicant provide adequate trash facilities as approved by City staff. 2. That approval be subject to all conditions established for Variance 5-86 and Conditional Use Permit 9-86. 3. That the location and operation of the take-out windows be subject to staff review and possible modification after one year if a sidewalk circulation problem exists. 4. That the development be in accordance with the floor plans as approved by the Planning Commission and as modified by the above conditions. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of May , 1986. AYES: Commissioners Covington, Hunt, Perrin Jessner NOES: Commissioners ABSENT: Commissioners Ripperdan Secretary to Planning Commission