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HomeMy WebLinkAboutPC Res 96-43 - 1996-11-06 . '0, RESOLUTION NUMBER 96-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING A TWELVE (12) MONTH EXTENSION OF CONDITIONAL USE PERMIT 94-4, PERMITTING THE ESTABLISHMENT OF A DRIVE-IN RESTAURANT AT 770 PACIFIC COAST ffiGHWAY, SEAL BEACH (BURGER KING) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On June 13, 1994, Leroy L Stone ("the Apphcant") filed an apphcatton for CUP 94-4 and Vanance 94-5 WIth the Department of Development Services Through CUP 94-4 and Vanance 94-5, the apphcant sought approval to estabhsh a dnve-through restaurant With less than the required on-site parkmg at 770 Pacific Coast Highway, Seal Beach (Burger Kmg) The apphcant IS now seeking a twelve (12) month extension of the use permit as authonzed through Resolution No 96-24 Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUidelines, staff has determined as follows The apphcatlon for Conditional Use Permit 94-4 IS categoncally exempt from review pursuant to the California EnVironmental Quahty Act pursuant to 14 Cahf Code of Regs ~ 15303 (New Construction or Conversion of Small Structures), because It Involves the conversion of an eXisting small structure from one use to another and only minor modifications Will be made to the extenor of the structure, and, pursuant to ~ 15061(b)(3), because It can be seen With certainty that there IS no pOSSibility that the approval may have a slgmficant effect on the environment Section 3 A duly noticed pubhc heanng was held before the Planmng CommtSSlon on November 6, 1996 to conSider the renewal of Conditional Use Permit 94-4 At the pubhc heanng the apphcant spoke In favor of the request With two people speaking in oppOSitIOn SectIon 4 The record of the heanng on November 6, 1996 indicates the follOWIng (a) On June 13, 1994, Leroy L Stone filed an apphcatlon for CUP 94- 4 and Vanance 94-5 With the Department of Development Services The Planmng CommiSSion approved the request at ItS August 3, 1994 meeting The restaurant opened In November 1995 The Planmng CommiSSion granted a SIX (6) month extension of CUP 94-4 at ItS May 8, 1996 meeting through the adoption of Resolution No 96-24 (b) Through CUP 94-4, the apphcant requested to estabhsh a dnve- through restaurant With less than the reqUired on-site parking at 770 PaCific Coast Highway, Seal Beach (Burger King) The apphcant IS also seeking to add a Single table WIthin the dedIcated play area for chtldren' s parties (c) The subject property IS located on the southwest comer of Pacific Coast Htghway and Eighth Street (d) The subject property IS Irregularly shaped With an area of 16, 977 square feet The subject property has approXimately 150 feet offrontage on Eighth Street and 113 feet offrontage on PaCific Coast Highway (e) The subject property IS legally descnbed as Lots 25, 27, 29, 31, 33 and 35, Block 207, Stanton and Lothian's Tract, 1st Addition, In the City of Seal Beach, County of Orange, State of Cahforma as shown on Map recorded In Book M M 3, Pg 29 In the Office of the County Recorder of Said County, except that portion of Lot 35 C \My Documents\Conc:l1tlona1 Use Permtts\94 4 Resolution #3 doc :~ . . Planning CommM~lOn ResolutIon No 96-43 deeded to the State ofCahforma per Deed D 436-203 recorded September 19, 1922 (t) The surroundmg land uses and zomng desIgnatIOns are as follows NORTH Across Pacific Coast HIghway are smgle family reSIdential uses located in the ResidentIal Low DenSIty zone (RLD) SOUTH A ntIxture of multI-family and smgle-famlly reSIdentIal uses located m the ResidentIal Htgh DenSIty zone (RHO) EAST & WEST A InIxture of retail commerCial uses located along PaCific Coast Highway IS the General Commercial zone (C-2) (g) The subject bUlldmg was constructed m 1970 and formerly housed a bank (Secunty Pacific) until ItS closure m early 1993 (h) In response to complamts at the ComrmsslOn's Apnl 17, 1996 meetmg the appltcant mstalled a catalytIC emiSSIons scrubber on the restaurant's hood system Section 5 Based upon the facts contamed m the record, mcludmg those stated m ~ 4 ofthts resolution, and pursuant to ~~ 24-1400, 28-2503 and 28-2504 of the City's Code, the Planmng CommISSIon hereby finds as follows (a) Conditional Use PermIt 94-4 IS consIstent With the prOVISIons of the Land Use Element of the CIty'S General Plan, which prOVIdes a "general commercIal" deSignatIOn for the subject property and permits restaurants and dnve-m restaurants subject to the Issuance ofa conditional use permit The use IS also consistent With the remammg elements of the CIty's General Plan as the pohcles of those elements are consistent WIth, and reflected m, the Land Use Element Accordmgly, the proposed use IS consIstent WIth the General Plan (b) WIth the Planmng ComrmsslOn's twenty-seven (27) condlttons of approval m place, the proposed use of the property as a dnve-m restaurant WIll be compatible With surroundmg uses and Will not be detnmental to the surroundmg neIghborhood SpeCIfically, the conditions address such concerns expressed dunng the pubhc heanng as late mght nOIse, nOIses assOCIated With the P A speaker, the proviSIOn of restroom and dlmng facilities at all hours the restaurant IS open to the pubhc, hours of operatIOn of the busmess, parkmg lot hghtmg, as well as a senes of short review penods whereby the Comrmsslon, at a notIced pubhc heanng, will conSIder the effecttveness of ItS conditions and may either make changes to the conditIOns based on pubhc testimony or may terrmnate the use permit for the dnve-through wmdow m the event no combmatlOn of conditions can satlsfactonly prevent detnmental effects on the surroundmg neighborhood Further, as an eXlstmg structure, the style, height and bulk of the proposed structure IS consistent WIth surroundmg reSIdential and commerCial uses (c) The bUlldmg and property at 770 PaCific Coast Htghway are adequate m Size, shape, topography and location to meet the needs of the proposed use of the property (d) ReqUired adherence to apphcable bulldmg and fire codes ensure there WIll be adequate water supply and utlhtles for the proposed use SectIon 6 Based upon the foregomg, the Planmng ComrmsslOn hereby approves Conditional Use Perrmt 94-4, subject to the followmg conditIOns 1 CUP # 94-4 IS approved for a dnve-m restaurant at 770 PaCIfic Coast Htghway, Seal Beach 2 The hours of operation shall be dally - 6 00 A M to 12 01 A M The last meal shall be Page 2 94 4 ResoIutlon tIS . Plannmg CommISSIOn ResolutIOn No 96-43 served at 11 30 P M WIth all patrons out of the bUildIng by 12 01 A M All maIntenance actiVIties shall be completed by 12 30 A M The drive-through WIndow may remaIn open until 12 01 AM 3 There shall be no Intenor maIntenance or other bUSIness related activIties between the hours of12 30 A M and 6 00 AM of the same day There shall be no extenor mamtenance between the hours of 1201 A M and 6 00 AM of the same day 4 No VIdeo games or Similar amusements shall be perrmtted on the premises 5 A sign of not less than 2' x 2' square shall be posted and maIntaIned at the entrance to the play area In a manner acceptable to the Director of Development Servtces, IndicatIng that the play area shall be for paying customers and their chddren only 6 All hghts shall be turned off dUring all non busmess hours ThIS condition may be modified to allow hInlted security hghtIng of the parkIng area If determIned necessary by the Director of Development Services In such case, all hghtIng must be directed away from reSidences and shall be shielded to prevent glare on nelghbonng residential properties 7 Dunng bUSIness hours, the extenor hghtlng In the parkIng area shall be kept at a level so as to proVIde adequate hghtIng for patrons whde not unreasonably disturbIng surroundIng reSidential or commercial areas 8 The restrooms shall remaIn open to the pubhc dunng all bUSIness hours 9 The Interior dInIng area shall be open to the pubhc dUring all bUSIness hours 10 The block wall on the southerly Side of the property shall be raised to eight (8') feet In heIght 11 The volume on the ordering system shall be turned down to ItS lowest audible level after 900PM 12 The apphcant shall Install and maIntain In operation at all times only the Honzon™ drlve- through ordenng system or a substantially Similar alternative With the approval of the Director of Development Servtces 13 Litter and trash receptacles shall be located at convement locations InSide and outSide the estabhshment, 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 estabhshment between the hours of 10 00 P M and 7 00 AM 14 In the event staff determInes that security problems eXist on the Site, the conditions of thiS permit may be amended, under the procedures of the Seal Beach Mumclpal Code. to require the proVISion of additional security measures 15 The property shall be mamtaIned graffiti free at all ttmes 16 A mlmmum offive (5) trees shall be planted and maIntaIned Within the parkIng lot area Said trees shall be a rmmmum of size of 24 Inch box The apphcant shall submit a landscapIng plan to the Department of Development Services for review and approval prior to Issuance of a buddIng penrut for tenant Improvements 17 All dehvenes shall take place between the hours of 7 00 A M and 8 00 P M 18 The establtshment shall have a pubhc telephone ItstIng 19 A low level table (table top not to exceed 18" above floor) With up to ten (10) seats may be mstalled In the dedIcated play area for use In conjunctIOn WIth children's parties Page 3 94 4 ResoIubon 13 .. .., . . ,. Plannmg CommISSIOn Re.olutlOn No 96-43 20 The applicant wtll pronunently display these condlttons of approval m a location Wlthm the busmess's customer area that IS acceptable to the Director of Development Services 21 The apphcant remains bound by all conditions of approval of Variance 94-5 22 ThIs ConditIOnal Use Pernut shall not become effective for any purpose unless an "Acceptance of Conditions" form has been Signed by the apphcant In the presence of the Drrector of Development Servtces, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 23 A modificatIOn oftrus Conditional Use Pennlt shall be obtamed when (a) The estabhshment 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 estabhshment 24 The Planmng CommissIon reserves the nght to revoke or modifY this Condlttonal Use Pernut Ifany VIolation of the approved conditions occurs, any VIolation of the Code of the CltV of Seal Beach, occurs, or for those reasons speCIfied by ArtIcle 28, and In the manner specified m Article 25, of Chapter 28 of the Code of the City of Seal Beach 25 The term ofthls permIt shall be for twelve (12) months At the end of the extension penod the CommiSSIon shall again reVIew the use a pubhc heanng and may extend the permit mdefimtely, proVided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occurs With respect to the subject property, or other slgmficant problems associated WIth the dnve-In use anse If at any time the Comnusslon determines negative Impacts on surrounding land uses associated WIth the dnve-m use of the property are Irresolvable the Commission may revoke thiS permit thereby termlnatmg dnve-In pnVlleges for the restaurant 26 All construction shall be m substantIal comphance WIth the plans approved through Conditional Use Permit 94-4 27 The apphcant shall Install and permanently maintain a catalytiC emiSSions scrubber on the restaurant's hood system to hmlt smoke and odors caused by the restaurant PASSED, APPROVED AND ADOPTED by the Planmng CommiSSion of the CIty of Seal Beach at a meeting thereof held on the 6th day of November, 1996 by the follOWing vote AYES Comnussloners Brown, Hood, Law, Sharp NOES Commissioners ABSENT CommissIoners Yost ee Whittenberg Secretary an M Brown, M D , Chairman lanmng CommiSSion Page 4 94 4 Resolution Ill3