HomeMy WebLinkAboutPC Res 08-38 - 2009-01-07
OR;,
A RESOLUTION OF THE PLANNING G/;1;4.1
COMMISSION OF THE CITY OF SEAL BEACH <-
APPROVING CONDITIONAL USE PERMIT 08-11
FOR A RESTAURANT USE AT 136-136% MAIN
STREET (PHO BASIL LEAF)
RESOLUTION NUMBER 08-38
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December 1, 2008, Jennifer Ly and Michael Luu (the
"Applicants") filed an application with the Department of Development Services for
Conditional Use Permit 08-11 requesting approvals of the following requests:
D To establish a new restaurant;
D To establish daily operating hours of 7:00 AM to Midnight.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15301, staff has
determined as follows: The application for CUP 08-11 for the requested land use
entitlements for a restaurant to be authorized is categorically exempt from review
pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs.
9 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a
minor alteration in land use limitation and does not involve either a property in excess of
20% slope or a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on January 7, 2009, to consider the application for CUP 08-11. At the
public hearing the Planning Commission received evidence and testimony regarding
said application.
Section 4. The record of the hearing of January 7, 2009 indicates the
following:
(a) On December 1, 2008, Jennifer Ly and Michael Luu
(the "Applicants") filed an application with the Department of Development Services for
Conditional Use Permit 08-11.
(b) Specifically, the applicant is requesting approvals of
the following requests:
D To establish a new restaurant;
D To establish operating hours of 7:00 AM to midnight nightly.
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Planning Commission Resolution No. 08-38
Conditional Use Permit 08-11
136 - 13612 Main Street (Pho Basil Leaf
January 7, 2009
(c) The subject property is described as Orange County
assessor's parcel # 199-040-30, and is 25' x 117.5' in size.
(d) The subject property is a rectangular property having
25 feet of frontage on Main Street and having 117.5 feet of depth, containing
approximately 2,937.5 square feet. The subject tenant space has 25 feet of frontage
along Main Street. The property is developed with an existing single-story retail building
that contains a total of approximately 1,584 square feet of leasable space and provides
2 parking spaces at the rear of the property that is accessed by the alley.
(e) The proposed restaurant area is 1,584 square feet in
size and is proposed to accommodate 31 seats, the same seating capacity as existed
for the previous use of the premises as a bakery/coffee shop use (previously Cinnamon
Productions and Bread Time Bakery). The proposed seating consists of six, 4-person
tables and seating at 2 separate 42" high counters along the front windows, facing Main
Street. The seating area consists of approximately 500 square feet, 33% of the building
area, located at the front of the premises. The kitchen, restroom, storage, and office
areas are proposed to be located at the rear of the subject building space and comprise
the remaining approximate 1,084 square feet of floor area.
(f) The nearest residential property is located across the
alley to the rear of the subject property and easterly of the Main Street alley,
approximately 40 feet from the rear of the subject structure.
(g) The surrounding land uses and zoning are as follows:
D North, South, & West - Retail businesses in the Main Street Specific Plan
(MSSP) Zone.
D East - Residential uses in the Residential High Density
(RHD) Zone.
(h) Conditional Use Permit 05-14, a request to approve
the conversion of a vacant retail store (Corner Drug Store location) at 302 Main Street
to a restaurant was approved by the Planning Commission on December 7, 2005
without the ability to offer alcohol with food service. The applicant determined not to
proceed with the approval as granted by the Planning Commission. A subsequent
approved Conditional Use Permit 06-2 at this location permitted for a retail wine store
and was recently modified pursuant to Conditional Use Permit 08-3 (Revised),
approving modifications to certain conditions that were inconsistent with State of
California Department of Alcohol Beverage Control license regulations.
(i) Conditional Use Permit 07-8, a request to allow an
extension of business hours and expansion into an adjacent business area for
Beachwood BBQ Restaurant was approved by the Planning Commission on July 18,
2007. Prior to the approval of CUP 07-8, the business was operating in the store space
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Planning Commission Resolution No. 08-38
Conditional Use Permit 08-11
136 - 136~ Main Street (Pho Basil Leaf
Janumy 7, 2009
previously occl:lpied by Don Juan Taco's House and under the terms and conditions of
the Conditional Use Permit for that previous restaurant use (CUP 89-5)..
G) Lt.. Tim Olsen with the Seal Beach Police Department
has reviewed the application and has no reservations or concerns regarding the subject
requests.
Section 5. Based upon the facts contained in the record, including
those stated in S4 of this resolution and pursuant to SS 18-1250, 28-2503 and 28-2504
of the City's Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 08-11, as proposed to be
conditioned regarding business operations, is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a Main Street Specific Plan
zoning designation for the subject property and permits restaurants subject to the
issuance of a conditional use permit. 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 based on the following:
(1) The proposed project would be a positive
addition to the commercial character of Main Street, providing services to be residents
of the community and visitors to the City, while providing an additional dining option on
Main Street that does not now exist
(2) The proposed restaurant is in conformance
with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections
28-1250 through 28-1257 of the Seal Beach Municipal Code. The applicable urban
design factors include:
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(3) The proposed restaurant reinforces the above
identified urban design factors specified in the Main Street Specific Plan and further
complies with the provisions of Section 28-1253.A.1, 28-1253.A.4, and Section 28-
1253.A.6., which discusses transparency of store fronts; fagade setbacks, including
outdoor restaurant seating areas; and fagade width and appearance of interconnecting
buildings.
(4) The proposed restaurant area is 1,584 square
feet in size and is proposed to accommodate 31 seats, the same seating capacity as
existed for the previous use of the premises as a bakery/coffee shop use (previously
Cinnamon Productions and Bread Time Bakery). The proposed seating consists of six,
4-person tables and seating at 2 separate 42" high counters along the front windows
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Planning Commission Resolution No. 08-38
Conditional Use Permit 08-11
136 -136~ Main Street (Pho Basil Leaf
January 7, 2009
facing Main Street. The seating area consists of approximately 500 square feet (33% of
the building area) located at the front of the premises. The kitchen, restroom, storage,
and office areas are proposed to be located at the rear of the subject building space and
comprise the remaining approximate 1,084 square feet of floor area.
(5) The proposed restaurant area of 1,584 square
feet will require the provision of 12 additional off-street parking spaces, or the payment
of an in-lieu parking fee of $3,500.00 per space in accordance with the provisions of
Section 28-1256 of the Main Street Specific Plan Zone standards. The total 'in-lieu" fee
that will be required to be paid for the new restaurant use is $42,000.00. Payment of
this fee may be made in installments, subject to approval by the Director of
Development Services.
(b) The proposed use, as proposed to be conditioned
regarding business operations, is consistent with the intent and purpose and vision
established for the Main Street Specific Plan based on the following:
(1) The provision of a restaurant is in conformance
with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections
28-1250 through 28-1257 of the Seal Beach Municipal Code. The applicable urban
design factors include:
D Provision of transparent storefronts with views into shops, offices, and
restaurants;
D Eclectic architecture without national trademark buildings; and
D Building facades limited to 35-50 feet in width.
(2) The proposed restaurant reinforces these
identified urban design factors specified in the Main Street Specific Plan and further
complies with the provisions of Section 28-1253.A.1, 28-1253.A.4, and Section 28-
1253.A.6., which discusses transparency of store fronts; fac;ade setbacks; and fac;ade
width and appearance of interconnecting buildings.
(c) The building and property at 136-136% Main St. are
adequate in size, shape, topography, and location to meet the needs of the proposed
use of the property, as proposed to be conditioned based on the following:
(1) The proposed restaurant location is within the
mass of the existing 1-story commercial building located on the subject property and,
therefore, noise impacts to the residential neighborhood to the east would not be
expected to be adverse from the dining functions.
(2) The proposed restaurant area is 1,584 square
feet in size and is proposed to accommodate 31 seats, the same seating capacity as
existed for the previous use of the premises as a bakery/coffee shop use (previously
Cinnamon Productions and Bread Time Bakery). The proposed seating consists of six,
4-person tables and seating at 2 separate 42" high counters along the front windows,
facing Main Street. The seating area consists of approximately 500 square feet (33% of
the building area) located at the front of the premises. The kitchen, restroom, storage,
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Planning Commission Resolution No. 08-38
Conditional Use Permit 08-11
136 - 136~ Main Street (Pho Basil Leaf
January 7, 2009
and office areas are proposed to be located at the rear of the subject building space and
comprise the remaining approximate 1,084 square feet of floor area.
(3) The subject property is a rectangular property
having 25 feet of frontage on Main Street and having 117.5 feet of depth, containing
approximately 2,937.5 square feet. The subject tenant space has 25 feet of frontage
along Main Street. The property is developed with an existing single-story retail building
that contains a total of approximately 1,584 square feet of leasable space and provides
2 parking spaces at the rear of the property that is accessed by an alley.
(d) Required adherence to applicable building and fire
codes ensures there will be adequate water supply and utilities for the proposed use
based on the following:
(1) The proposed project will be required to
comply with all standard building, fire, and health code provisions for the proposed uses
of the subject property.
(2) The project proponent shall obtain and
complete all required Planning Department, Building Department, and Public Works
Department approvals prior to the issuance of the certificate of occupancy for said
restaurant use.
(3) The project proponent will be required to pay
the required in-lieu parking fee of $42,000.00, in accordance with the provisions of
Section 28-1256, prior to issuance of the certificate of occupancy for said restaurant
use. Payment of this fee may be made in installments, subject to approval by the
Director of Development Services.
(4) The project proponent will be required to
comply with all applicable provisions of Chapter 9.25, Fats, Oil and Grease
Management and Discharge Control as part of the building plan check process for the
necessary tenant improvements and issuance of the certificate of occupancy for said
restaurant use.
(e) The proposed use does not conflict with the Specific
Plan's goal to establish and maintain a balanced mix of uses that serve the needs of
both local and non-local populations based on the following:
(1) The proposed restaurant will serve both
residents and visitors of Seal Beach.
(2) The proposed restaurant will not have any
public entrance from the alley and will continue to be utilized by business staff and,
therefore, noise impacts to the residential neighborhood to the east would not be
expected to be significantly different from the previous use as a bakery/coffee shop use.
(3) The new operator is proposing to be open for
breakfast, lunch, and dinner. Many of the retail and professional service businesses
within the immediate vicinity are closed during the evening hours, when the majority of
the restaurant business would be anticipated. In addition, the building is located
approximately 225 feet from an existing City-owned parking lot which has served the
subject property and adjoining business operations along Main Street for many years.
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Planning Commission Resolution No. 08-38
Conditional Use Permit 08-11
/36 - /36Y1 Main Street (Pho Basil Leaf
January 7, 2009
This City-owned parking lot provides a total of 42 spaces, 2 of which are handicapped
accessible parking spaces, with the remaining 40 spaces being metered. On-street
parking is also available along Main Street.
(f) The use will contribute to the unique character of
Main Street and the qualities that provide Main Street a sense of identity based on the
following:
(1) The proposed restaurant will comply with
several urban design factors that are identified within the adopted Main Street Specific
Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design
factors include:
o Provision of transparent storefronts with views into shops, offices,
and restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(2) The proposed restaurant reinforces these
identified urban design factors specified in the Main Street Specific Plan and further
complies with the provisions of Section 28-1253.A.1, 28-1253.A.4, and Section 28-
1253.A.6., which discusses transparency of store fronts; fac;ade setbacks; fac;ade width;
and appearance of interconnecting buildings.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 08-11, subject to the following conditions:
1. Conditional Use Permit 08-11 is approved for a restaurant use only. All tenant
improvements shall be in substantial conformance with plans submitted as part of
the application for Conditional Use Permit 08-11.
2. The hours of operation shall be 7:00 AM to 10 PM, Sunday through Thursday,
and 7:00 AM to 11 PM on Friday, Saturday, and holidays.
3. The project proponent shall obtain and complete all required Planning
Department, Building Department, and Public Works Department approvals prior
to the issuance of the certificate of occupancy for said restaurant use.
4. No video games or similar amusements shall be permitted on the premises
unless a separate conditional use permit is approved for that use.
5. 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. There
shall be no dumping of trash and/or glass bottles outside the establishment
between the hours of 10:00 p.m. and 7:00 a.m.
6. In the event staff determines security problems exist on the site, the Conditions
of this permit may be amended, under the procedures of The Code of the City of
Seal Beach, to require the provisions of additional security measures.
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Planning Commission Resolution No. 08-38
Conditional Use Permit 08-1 J
J 36 - J 36~ Main Street (Pho Basil Leaf
January 7, 2009
7. The establishment must serve a complete menu of food until thirty (30) minutes
prior to closing time.
8. The project proponent shall pay the required in-lieu parking fee of $42,000.00, in
accordance with the provisions of Section 28-1256, prior to issuance of the
certificate of occupancy for said restaurant use. Payment of this fee may be
made in installments, subject to approval by the Director of Development
Services.
9. A grease traplinterceptor shall be provided for the restaurant, in accordance with
the standards of Chapter 9.25 of the Seal Beach Municipal Code, "Fats, Oil and
Grease Management and Discharge Control," as part of the building plan check
process for the necessary tenant improvements and issuance of the certificate of
occupancy for said restaurant use.
10. 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 the subject CUP for reconsideration and may require the
applicant/operator to mitigate the noise level to comply with the provisions of
Chapter 7.15.
11. This CUP shall not become effective for any purpose unless/until a City
"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) calendar-day appeal period has
elapsed.
12. A modification of this CUP shall 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.
13. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of Chapter 28, Zoning, of the City of Seal Beach
Municipal Code if harm or retail-related problems are demonstrated to occur as a
result of criminal or anti-social behavior, including but not limited to the
congregation of minors, violence, public drunkenness, vandalism, solicitation
and/or litter.
14. This CUP 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.
15. The term of this permit shall be 6 months. At the end of the initial term, the
applicant may apply for an indefinite extension of CUP 08-11. The commission
may grant an indefinite extension provided that all the conditions of approval
have been met and no significant police or other problems have occurred. The
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Planning Commission Resolution No. 08-38
Conditional Use Permit 08-1 J
136 - 1 36~ Main Street (Pho Basil Leaf
January 7, 2009
applicant is hereby advised that a new application and accompanying fee must
be paid to the city prior to consideration of an indefinite extension.
16. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Director of
Development Services.
17. 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 Conditional 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 7th day of January 2009 by the following vote:
AYES: Commissioners
Deaton, Delay, Eagar, and Massa-Lavitt
NOES: Commissioners
None
ABSENT: Commissioners Bello
ABSTAIN: Commissioners None
~~A'-raMd'rl
/ Ellery Deaton
Chairperson, Planning Commission
~
~~
Lee Whittenberg
Secretary, Planmng Commission
*****
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