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HomeMy WebLinkAboutPC Res 94-08 - 1994-02-23 ~ RESOLUTION NUMBER 94-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CUP NO 93-15, A REQUEST TO REMODEL AND ADD TO AN EXISTING RESTAURANT AT THE END OF THE SEAL BEACH MUNICIPAL PIER TO INCLUDE THE FOLLOWING THE ADDITION OF APPROXIMATELY 705 SQUARE FEET OF OUTDOOR SEATING AREA AT THE SOUTHERLY END OF THE MUNICIPAL PIER, A 170 SQUARE FOOT MULTIPURPOSE ROOM AT THE NORTHERLY SIDE OF THE RESTAURANT, INTEGRATION OF THE EXISTING RESTROOMS INTO THE INTERIOR OF THE RESTAURANT AND ADDITION OF NEW EXTERIOR RESTROOMS FOR ACCESS BY THE PUBLIC, ADDITION OF A NEW GARAGE STRUCTURE AT THE BASE OF THE PIER TO HOUSE A PRIVATE TRAM FOR USE BY THE RESTAURANT IN TRANSPORTING CUSTOMERS TO AND FROM THE BASE OF THE PIER, A REDESIGNED, LARGER TRASH ENCLOSURE, AND, THE ADDITION OF A WOODEN MONUMENT SIGN (30 SQUARE FEET), INCLUDING NEW LANDSCAPING AT THE FOOT OF THE PIER (RUBY'S DINER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On November 11, 1993, Ruby's Restaurant c/o Lee Rtley ("The Applicants") filed an applicatIOn for CUP 93-15 With the Department of Development SerVIces The applicant seeks to remodel and add to the existing restaurant at the end of the Seal Beach MUniCipal Pier to Include the follOWing the addition of approXImately 705 square feet of outdoor seatIng area at the southerly end of the mUnicipal pIer, a 170 square foot multipurpose room at the northerly Side of the restaurant, integratIOn of the existing restrooms into the Intenor of the restaurant and addition of new extenor restrooms for access by the pubhc, additIOn of a new garage structure at the base ofthe pier to house a pnvate tram for use by the restaurant In transporting customers to and from the base of the pier, a redesigned, larger trash enclosure, and, the addition of a wooden monument sign (30 square feet), including new landscaping at the foot of the pIer Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the CIty'S Local CEQA Guidelines, staff has determined as follows The apphcation for CUP No 93-15 IS categoncally exempt from reVIew pursuant to the California EnVIronmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301(e) (EXIsting Uses), because the apphcatlOn IS for an existing use winch is expanding less than 50 percent of the floor area of the structure before the addItIOn, or 2,500 square feet, pursuant to ~ 15305 (MInor Alterations in Land Use Limitations), because the proposal Involves a minor alteration In a land use limitation and does not involve either a property In excess of20% slope or a change In land use or density, and finally, pursuant to ~ 15061(b)(3), because It can be seen With certainty that there IS no POSSlblhty that the approval may have a Significant effect on the environment SectIon 3 A duly noticed pubhc heanng was held before the Planmng ConumsslOn on January 19, 1994 and continued to February 9, 1994 and February 23, 1994 to conSider the application for CUP No 93-15 EVIdence, written and oral, was subnutted both for and against the project 1=1 1(JJ1'\R9>..a BCCL.. \ Plannmg CommIssIon Resoluhon No 8 FcbroBlJ' 23, 1994 Section 4 The record of the hearings on January 19, 1994, February 9, 1994 and February 23, 1994 Indicates the follOWIng (a) On November 11, 1993, Ruby's Restaurant c/o Lee Riley filed an application for CUP 93-15 With the Department of Development Services (b) Specifically, the applicant IS proposing to remodel and expand an existIng restaurant located at 900 Ocean Avenue (Ruby's Restaurant) through the addition of approX1nlately 765 square feet of outdoor seating area at the southerly end of the municipal pier and a 170 square foot multipurpose room at the northerly Side of the restaurant The remodel Will consist of integrating the existing restrooms Into the intenor of the restaurant and adding new extenor restrooms for access by the public. The proposed outdoor dining arell Will result In a reduction In public access Width at the southerly end of the pier from the current 165 feet to 9 feet Additionally, the applicant IS proposing to add a new garage structure at the base of the pier to house a private tram for use by the restaurant In transporting customers to and from the base of the pier, as well as a redesigned, larger trash enclosure Finally, the applicant is proposing to add a wooden monument Sign (30 square feet), including new landscaping at the foot of the pier (c) The subJect property IS Identified as Orange County Assessor's Parcel Number 199-103-003 and IS located at the end of the Seal Beach Municipal Pier (d) The surrounding land uses and zoning are as follows North - a nuxture of commercial and reSidential uses In the Service Commercial zone (C-I) and the ReSIdential High DenSity zone (RHO) South - the municipal beach and PaCific Ocean In the Public Land Use I Recreation zone (pLU/R) East - a mixture of multi-family and Single fanuly uses in the RHO zone West - the mUnicipal beach and pier parking area In the PLU/R zone (e) end of the pier Ruby's Diner occupies the 2,679 square foot City-owned restaurant at the (1) The restaurant proposes to maintain its existing hours of operation at 7 00 am toll OOpm daily (g) The City received wnUen comments back from the State Department of Fish and Game (no concern) as well as the State Coastal Conservancy (concern regarding conflict between pier access and fishtng and Width of access at 48" nummum) (h) On February 3, 1994 the City received further comments back from the Department ofFish and Game as well as the Wildlife Conservation Board expressing concern over the proposed reduction in pedestnanlfishtng arell at the end of the pier (i) City staff met With representatives of the Wildlife Conservation Board and the applicants' representative on February 15, 1994 to evaluate the proposed project and discuss potentially acceptable alternatives G) The City received three written comments responding to the notices of the hearing on CUP No 93-15, one In favor, two In opposition Page 2 1=1 I(JJPIR9>,oIl BCCL.. , PlannIDg CommISSIon Resoluhon No 8 Febnuuy 23, 1994 Section 5 Based upon the facts contlUned in the record, including those stated In ~ 4 ofthts resolutIOn, and pursuant to ~~ 28-2503 and 28-2504 of the City'S Code. the Planning Conumsslon hereby finds as follows (a) The reduction In pubhc access Width at the southerly end of the pier from the current 16 5 feet to 9 feet caused by the proposed outdoor seating area will adversely Impact the ability of piergoIng pedestnans to freely maneuver the end of the pier (b) The reduction in pubhc benches at the southerly end of the pier by apprOlomately 9 lineal feet caused by the proposed outdoor seating area WIll adversely Impact fishtng opportunities at the end of the pier (c) For the foregOing reasons the Planmng Commission finds the proposed outdoor dIning area would be detnmental to the surrounding neighborhood, in general, and specifically to the public pedestrian and fishing access of the pier Section 6 Based upon the foregoing, the Planning ConumsslOn hereby denies Conditional Use Pernut 93-15 PASSED, APPROVED AND ADOPTED by the Planning ConumsslOn of the City of Seal Belich at a meeting thereof held on the 23rd day of February 1994 by the folloWing vote AYES CommisSIoners Campbell. Dahlman. Soukup NOES Conumssloners Law. Shalll ABSENT Commissioners --- ee Whtttenberg, Secretary Planning CommissIOn / (~d~~ ~ Anton Dahlman, ChlUrman Planmng CommiSSion Page 3 1=1 1(JJP>R..,,ij BCCL..