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Home My WebLink AboutPC Res 94-30 - 1994-08-03 I. RESOLUTION NUMBER 94-30 A RESOLUTION OF THE PLANNING COMMIS510N OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 94-4, PERMITTING THE ESTABLISHMENT OF A DRlVE-IN RESTAURANT AI' 770 PACIFIC COA~.I HIGHWAY, SEAL BEACH (BURGER KING) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On June 13, 1994, LclOY L Stone ("the Apphcant") filed an apphcatlon for CUP 94-4 and Vallance 94-5 with the Department of Development Servlce~ Through CUP 94-4 and Vanance 94-1, the apphcant seeks apPlOval to e~tabh~h a dllve-thlll restaurant with less than the required on-site pal kmg at 770 Pacllic Coa.,t Highway, Seal Beach (Burger Kmg) The apphcant IS plOposmg to pellllanently dedicate a polllon of the mtellol of the buildmg as an mtenOl play area for c1l1ldICn 1 he apphcant's reque~t IS that tlm pOltlon of the buildmg not be conSidered as palt of the glo~s flool alea of the bUlldmg tOl the pUlpo~e., of determlmng the requlled on site palkmg SectIon 2 Pursuant to 14 Cahf Code of Regs q I ~025(a) and q II B of the City's Local CEQA GUldehnes, staff has determmed a~ follows The application fOl ComhtlOnal Use Permit 94-4 IS categollcally exempt fi om I eVlcw pUl suant to the Call1of ilia EnvlI oilmen tal Quahty Act pursuant to 14 Calif Code of Reg~ ~ 15103 (New Constluc.,tlon 01 Convel,lon of Small Structures), becau,e It mvolves the convel slon of an eXI,tlllg small ,tmctul e II om one u.,e to another and only mmor modllicatlons wlil be made to the extellor of the ,tluc.,tUle, alld, pursuant to q 15061 (b )(3), becau~e It can be seen With certamty that thel e IS no po~",blhty that the approval may have a significant elfect on the environment Section 3 A duly noticed pubhc heanng was held befOle the Planning Commission on Tuly 20, 1994 to conSider the apphc.,atlon fOl CondItional U,e Pel mlt 94-4 At the pubhc heanng the apphcant and one person spoke m favO! of the request With four (4) people speakmg m opposition Section 4 The r ecOl d of the heanng on July 20, 1994 IIldlcate~ the followlIlg (a) On June 13, 1994, Ler oy L Stolle filed an apphcatloll fell CUP 94-4 and Vanance 94-5 With the Department of Development Selvlc.,e, (b) The applicant IS lequestmg to e,tabhsh a dllve-tlllUle,t,llllant wllh less than the requlled on-site palkmg at 770 Pacific Coast Highway, Seal Beach (BlIIgel Kmg) The apphcant IS proposmg to permanently dedicate a pOltlon of the IIltellOl of the bUlldmg a~ an mtellor play area for children The apphcant's reque.,t IS that tillS pOltlOn of the bUlldmg not be conSidered as part of the gross floOl area of the blllldmg fOI the plllpO.,e., ofdetelllllnmg the reqUIred on srte pal kmg (c) The subleet pIOpClty I, located on the ,outhwe,t comer of PaclJic Coast Highway and Eighth Street (d) The subject plOpelty IS IIregularly ,haped With an alea of 16, 977 square feet The subject propelty has apploxlmately 150 feet of Ii ontage on Eighth <;tl eet and 111 feet offrontage on Pacific Coa,t Highway (e) The ,ubJect plOperty I~ legdlly de,cllbed a~ ~\ \CUP\fIQ/l4 ocr '- J . PIOIlI7l17f!. (01111I11\\1011 Re\oluluJII No 9-1-30 A "1:"'1 3, J 99-1 Lots 25, 27, 29, 31, 33 and 35, Block 207, Stanton and Lothian', Tract, 1st Addition, 111 the City of Seal Beach, County of Orange, State ofCahforma as shown on Map I ecOIded In Boo\.. M M 3, Pg 29 In the Office of the County Recorder of Said County, except that portion of Lot 35 deeded to the State ofCahforma per Deed 0 436-203 recorded September 19,1922 (f) The surroundll1g land u,e, and zonll1g de,lgnatlons al e as follow~ NORTH Across PaCific Coast Highway are slI1gle family re~ldenllaluses located 111 the ReSidential Low Denslly zone (RLD) SOUTH A mixture of multi-family and sll1gle-famlly reMdentlaluse~ located 111 the ReSidential High Density zone (RHO) EAST & WEST A mixture of retail commercial uses located along PaCific Coa..t Highway" the General Commercial zone (C-2) (g) The subJect bUlldll1g was constlucted 111 1970 and fOlmerly hou,ed a bank (Secunty PaCific) until ItS closure In early 1993 (h) In response to Its mailed notice fOI thl> I equest, the ('Ily ha~ received a letter from James Cook, a nelghbOl at 310 Eighth Street, Seal Beach I\1r Coo\.. suggests several conditions which the Comnmslon m,IY wish to IInpo~e which al e II1tended to prevent negative Impacts on surroundll1g land use.. (I) CIty has lecelved three wlltten comment, le~pondll1g to the notlce~ of the heanng on CUP 94-4 which wele Incorporated II1tO the recold Section 5 Based upon the fact, contall1ed 111 the rewrd, IIldudll1g tho,e ,tated 111 ~ 4 of this resolution, and pursuant to qq 24-1400, 28-2'i03 and 28-2504 of the Clly', Code, the Planmng CommiSSIOn hereby finds as follow, (a) Conditional Use Permit 94-4 IS conSIMent With the pi OVI>lOn, of the Land Use Element of the City's General Plan, which plovldes a "genelal commercial' de,lgnatlon for the subJect property and permits restaurants and dnve-In restaul ants subJect to the I."uance of a conditional use permit The use IS also con~lstent With the remalmng element~ of the City', General Plan as the pohcles of those elements are consistent With, and reflected 111, the Land U..e Element Accordingly, the proposed use IS consistent With the Genel al Plan (b) With the Planmng CommiSSion's twenty-sIx (26) condition, of approval In place, the proposed use of the property as a dnve-In restaUlant WIll be compatible WIth surrounding uses and Will not be detnmental to the surroundll1g nelghbOl hood SpeCifically, the conditions address such concerns expressed dunng the pubhc heanng as late mght nOise, nOises assOCiated With the P A spea\..er, the pr OVISlon of restIOom and dll1l11g faclhtles at all hour~ the restaurant IS open to the pubhc, hour, of operation of the busll1e~s, par \..lI1g lot hghtlllg, a~ well as a senes of short review penods whereby the COnllmS,IOn, at a notlc.,ed pubhc healll1g, Will conSider the effectiveness of ItS conditions and may either make change, to the condition.. bd,ed on pubhc testimony or may terminate the use penmt fOI the dnve-thlu Window In the event no combination of conditions can satlsfactonly prevent detnmental ellects on the ~ulloundmg neighborhood Further, as an eXisting structure, the style, height and bull. of the proposed structllle IS consistent With surrounding residential and commerCial uses (c) The bUlldmg and ploperty at 770 PaCific Coa~t Highway are adequate In Size, shape, topography and location to meet the need, of the propo~ed lIse of the property Page 2 1=\ \c'uP\PQII. acCL... i . Planmng Comm"slOn ResolutIOn No 9-1-30 Augu5t 3, 199-1 (d) ReqUIred adherence to apphcable building and fire codes ensure there will be adequate water supply and utilItIes for the proposed use Section 6 Based upon the foregoing, the Planmng Conumsslon hereby approves CondItIOnal Use Permtt 94-4, subJect to the following condItions CUP # 94-415 approved for a dnve-In re,taurant at 770 Pacific Coast Highway, Seal Beach 2 The hours of operatIOn shall be dally - 6 00 A M to 12 0 I A M The last meal shall be served at 11 30 P M WIth all patrons out of the bUlldmg by 1201 A M All maintenance actIVitIes shall be completed by 12 30 A M The dnve-thru window may rematn open until 1201 AM 3 There shall be no mtenor mamtenance or other bUSiness related acttVltles between the hours of 1230 A M and 6 00 AM of the same day There shall be no extenor matntenance between the hours of 12 0 I A M and 6 00 A M of the same day 4 No video games or Similar amusements shall be permitted on the premIses 5 A sIgn of not less than 2' x 2' square shall be posted and matntalned at the entrance to the play area In a manner acceptable to the DIrector of Development ServIces, mdlcatmg that the play area shall be for paYing customers and theIr chtldren only 6 All hghts shall be turned off dunng all non busmess hours ThIS condItIon may be modified to allow hmtted secunty lIghting of the parking area If determined necessary by the DIrector of Development ServIces In such case, all lIghting must be directed away from residences and shall be shtelded to prevent glare on nelghbonng residentIal propertIes 7 Dunng busmess hours, the extenor lIghting In the parktng area shall be kept at a level so as to prOVide adequate lIghtmg for patrons while not unreasonably dlsturbmg surrounding resIdentIal or commercIal areas 8 The restrooms shall rematn open to the pubhc dunng all busmess hours 9 The Intenor dining area shall be open to the publIc during all bUSiness hours 10 The block wall on the southerly side of the property shall be raised to eight (8') feet m heIght II The volume on the ordenng system shall be turned down to ItS lowest audible level after 900PM 12 The apphcant shall mstall and maintain In operation at all tImes only the Honzon™ dnve-thru ordenng system or a substantIally Similar alternatIve WIth the approval of the Director of Development ServIces 13 Litter and trash receptacles shall be located at convement locatIons inSide and outSide the establIshment, and the operator of the estabhshment shall remove trash and debns on an appropnate baSIS so as not to cause a health problem 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 AM 14 In the event staff determmes that secunty problems eXist on the SIte, the conditIOns of thIS permit may be amended, under the procedures of the Seal Beach MumcIDal Code. to require the proVISion of addItIonal secunty measures 15 The property shall be mamtalned graffitI free at all times Page 3 1=\ \CUP1P... acek -- , , Plannml? COmnllYSlOn ResolutIOn No 94-30 Augllyt 3, 1994 16 A mlmmum oftive (5) trees shall be planted and mamtamed WIthin the parking lot area Said trees shall be a minimum of Size of24 mch box The appheant shall submit a landscaping plan to the Department of Development Services for reVIew and approval pnor to Issuance of a building penrut for tenant Improvements 17 All dehvenes shall take place between the hours of7 00 A M and 8 00 P M 18 The estabhshment shall have a pubhc telephone hstlng 19 The apphcant wtll prominently display these condItIons of approval m a location within the busmess's customer area that IS acceptable to the Director of Development SelVlees 20 The apphcant remams bound by all condItIOns of approval ofVanance 94-5 21 This CondItIonal Use Permit shall not become effectIVe for any purpose unless an "Acceptance of CondItIOns" form has been SIgned by the apphcant In the presence ofthe Director of Development Services, or notanzed and returned to the Planning Department, and untIl the ten (10) day appeal penod has elapsed 22 A modIficatIOn ofthls CondItional Use Permit shall be obt!llned when (a) The estabhshment proposes to modifY any of ItS current conditions of approval (b) There IS a substantIal change m the mode or character of operations of the estabhshment 23 The PlannIng Commission reserves the nght to revoke or modtfY tlus ConditIOnal Use Penrut 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 specrl:ied In Article 25, of Chapter 28 of the Code of the CltV of Seal Beach 24 The term of this permit shall be for three (3) months after the opemng of the busmess, after wluch time the CommIssIon shall reVIew the use at a pubhc heanng and may thereafter extend the permit for a penod not to exceed Stx (6) months At the end of the extensIon penod the CommissIon shall agam review the use a pubhc heanng and may extend the perrmt for a penod not to exceed twelve (12) months At the end of the second extension the Comrmsslon shall review the u,e at a pubhc hearing, and may extend the permit mdefimtely, proVIded all conditIOns of approval have been satisfied and no extraordinary demand for law enforcement selVlces occurs WIth respect to the subJect property, or other slgmficant problems associated with the dnve-In use anse If at any time the ComrmsslOn determines negative Impacts on surrounding land uses associated with the dnve-In use of the property are Irresolvable the Commission may revoke this permit thereby terminating dnve-In pnvileges for the restaurant 25 All construction shall be In substantial eomphanee WIth the plans approved through ConditIOnal Use Permit 94-4 26 The stIpulated review penods under Condition #24 shall be noticed by mail to all addresses located Wlthm 300 feet of the subJect property PASSED, APPROVED AND ADOPTED by the Planmng CommissIon of the City of Seal Beach at a meetmg thereof held on the 3rd day of August, 1994 by the follOWIng vote Page 4 1=\ 1CUW'... ace... . PlnlllIllH!. ('01111111\\1011 Re\O/II!WII 1\'0 9-1-30 iJlf~u't 3 199-1 " AYES CommissIoner, Brown. C <lmpbell. Law NOES Commissioners ABSENT Commissioners Sharp ABSTAIN Commissioners Dahlman ,--A-,~ ? ~;/~ I ~Le'e Whlttenbelg, Secretary ./ (/PIanmng Comml,slon ~ /~ d/L- Anton D,lhhnan. Challman Planl1lng Commls\ion Page 5 1=\ ~ UM.., Bce"'-