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HomeMy WebLinkAboutPC Res 1581 - 1990-05-02 j , . . RESOLUTION NUMBER 1581 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 3-90, A REQUEST TO CONTINUE OPERATION OF A WALK-UP/TAKE-OUT RESTAURANT AT 909 OCEAN AVENUE (PAPA JOES PIZZA) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, On February 6, 1990, Daniel Schechter filed an application with the Department of Development Services for a conditional use permit (CUP) to continue operation of a walk-up/take-out restaurant with the option of adding up to 300 square feet of waiting area (a conversion of existing storage area) and placing tables in both the present and expanded wsiting areas to have a walk-up/take-out/sit-down restaurant; and WHEREAS, The restaurant, Papa Joes Pizza, is located at 909 Ocean Avenue, in the Service Commercial (C-I) Zone, in a building with approximately 1,800 square feet; and WHEREAS, The surrounding land uses include: North Service Commercial (C-I) businesses and Residential High Density (RHD) housing. South Public Land Use (PLU) area (pier and beach). East C-I businesses, Residential Low Density housing and RHD housing. West C-I businesses and RHD housing. WHEREAS, The restaurant has nine (9) total parking spaces on- site including: six (6) standard spaces, two (2) spaces enclosed in a non-conforming detached garage, and one (I) compact space; and WHEREAS, There is no definitive parking requirement in the Code of the City of Seal Beach for a walk-up/take-out ----- restaurant, and the total number of parking spaces is subject to the interpretation of the Planning Commission; and WHEREAS, Section 28-1304 of the Code requires establishments for the sale and consumption on the premises of food and beverage to have a parking requirement of one (I) space for each 100 square feet of gross floor area or part thereof; and WHEREAS, CUP 19-86, for a wa1k-up/take-out restaurant was approved for the former owners, Richard Song and Mark "Corky" Gill; and WHEREAS, On June IS, 1988, Richard Song requested to amend two (2) of the conditions of CUP 19-86 to permit the conversion of approximately 200 square feet of storage area to customer eating/waiting area with benches only, which was approved by the Planning Commission; and WHEREAS, A staff memorandum was heard at the Planning Commission Meeting of April 4, 1990 regarding placing tables in the waiting areas at Papa Joes; and WHEREAS, The Planning Commission determined that placing tables in the restaurant would change the status of the restaurant to "sit down", thus requiring a one (l) space per 100 square feet parking requirement for the restaurant; and , . . City of Seal Beach Planning Commission Resolution No. 1581 WHEREAS, CUP 19-86 had a condition of approval that it could be extended February 28, 1990, provided all twelve (12) conditions of approval have been satisfied; and WHEREAS, To date, all conditions of approval for CUP 19-86 have been satisfied; and WHEREAS, Mr. Schechter is now requesting to enlarge the waiting of Papa Joes without adding any tables for eating. NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve Conditional Use Permit 3-90, subject to the following conditions: 1. Conditional Use Permit 3-90 is approved for a walk-up/take- out restaurant, and the interior expansion of up to 300 square feet of waiting/eating area (a conversion of existing storage area) at Papa Joes Pizza, 909 Ocean Avenue, and is issued to Daniel Schechter. 2. No alcohol shall be sold in conjunction with the walk- up/take-out restaurant. 3. With the applicant's consent, the restaurant shall operate between the hours of 10:00 a.m. and 11:00 p.m. (opening later and closing earlier during non-summer months). 4. No video games or similar amusements shall be permitted on the premises without proper City permits. 5. An additional bar (similar to the existing bar along the front window area) may be placed along the east wall of the expanded eating/waiting area, however no tables or additional stools shall be placed in the area. ABSENT: Commissioners ABSTAIN: Commissioners t1ft v ames Sharp, Chairman ~nning Commission Lee Whittenberg, Secretary Planning Commission ., . . .: June 6, 1990 MEMORANDUM To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: CONDITIONAL USE PERMIT 3-90 AMENDED CONDITION OF APPROVAL (RESOLUTION NO. 1581) At the May 2nd Planning Commission Meeting, Conditional Use Permit (CUP) 3-90, a request to continue operation of a walk- up/take-out restaurant at 909 Ocean Ave. (Papa Joea Pizza), was heard before the Planning Commission. The staff report for CUP 3-90 had as one of the conditions of approval the following: 3. With the applicant's consent, the hours of operation shall be between 7:00 a.m. and 11:00 p.m. daily. This condition was intended to state that the restaurant would not open earlier than 7:00 a.m. or close later than 11:00 p.m.. At the Commission Meeting it was noted that 7:00 a.m. is not the actual hour the restaurant opens, so staff noted the actual hours of operation for the restaurant in resolution for CUP 3-90 (Resolution No. 1581): 11:00 a.m. to 9:00 p.m. Sunday through Thursday. 11:00 a.m. to 9:30 p.m. Friday and Saturday. The owner of Papa Joes, Daniel Schechter, has since informed staff that during the summer hours he wishes to open the restaurant as early as 10:00 a.m., and close as late as 11:00 p.m.. Therefore, Condition #3 of Resolution No. 1581, approving Conditional Use Permit 3-90, is amended to read: "With the applicant's consent, the restaurant shall operate between the hours of 10:00 a.m. and 11:00 p.m. {opening later and closing earlier during non-summer months)." JF