HomeMy WebLinkAboutPC Res 96-24 - 1996-05-08
RESOLUTION NUMBER 96-24
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING A SIX-MONTH EXTENSION OF
CONDITIONAL USE PERMIT 94-4,
PERMITTING THE ESTABliSHMENT OF A
DRIVE-IN RESTAURANT AT 770 PACIFIC
COAST HIGHWAY, SEAL BEACH (BURGER
KING)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Sectton 1. On June 13, 1994, Leroy L. Stone ("the Appltcant") filed an
appltcatton for CUP 94-4 and Vanance 94-5 WIth the Department of Development Services.
Through CUP 94-4 and Vanance 94-5, the appltcant sought approval to establtsh a dnve-thru
restaurant with less than the requITed on-sIte parkmg at 770 PacIfic Coast HIghway, Seal
Beach (Burger Kmg). The appltcant proposed to permanently dedIcate a portton of the
mtenor of the bUlldmg as an mtenor play area for chtldren The appltcant's request was that
thIS portton of the butldmg not be conSIdered as part of the gross floor area of the bUlldmg
for the purposes of determmmg the reqUIred on SIte parkmg. These requests were approved
by the Plannmg COmmISSIon, subject to condlttons.
On March 14, 1996 the appltcant submItted letters to the CIty
requesttng a revIew and extensIon of CUP 94-4 and permISSIon to establtsh a chIld's table
and charr area m the chIldren's play area.
Sectton 2. Pursuant to 14 CalIf. Code of Regs. ~ 15025(a) and ~ II B of the CIty'S
Loca1 CEQA Guideltnes, staff has determmed as follows: The appllcatton for extenSIon of
Condtttonal Use Permit 94-4 IS categonca1ly exempt from revIew pursuant to the CalIfornIa
Envtronmental QualIty Act pursuant to 14 CalIf Code of Regs. ~ 15303 (New Constructton
or ConversIon of Small Structures), because It involves the conversIon of an eXlsttng small
structure from one use to another and only mmor modlficattons WIll be made to the extenor
of the structure; and, pursuant to ~ 15061(b)(3), because It can be seen WIth certamty that
there IS no posSlblhty that the approval may have a SIgnificant effect on the envIronment.
Sectton 3. A duly nottced publtc hearing was held before the Planning
CommISSIon on Apn117, 1996 to conSIder an extensIOn of Condlttonal Use PermIt 94-4. At
the pubhc hearing the apphcant spoke m favor of the request WIth one person spealang m
OPPOsItion. In additton, one letter m opposltton and three letters from the apphcant were
receIVed.
Sectton 4
The record of the hearing on Apnl 17, 1996 mdlcates the followmg.
(a) On June 13, 1994, Leroy L. Stone fIled an appltcatton for CUP 94-4
and Vanance 94-5 WIth the Department of Development ServIces. On August 3, 1994 the
Planmng CommiSSIOn conSIdered and approved CUP 94-4 and Vanance 94-5 through the
adoptton of Resolutton's 94-27 and 94-28, respecttvely.
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Planmng Comnusslon Resolllhon No 96-1.4
May 8,1996
(b) SpecIfically the apphcant requested to estabhsh a drive-thru restaurant
WIth less than the requITed on-sIte parkmg at 770 PacIfic Coast HIghway, Seal Beach (Burger
King). The applicant also proposed to permanently dedIcate a portion of the mtenor of the
buildmg as an intenor play area for chddren. The apphcant's request was that thIS portion of
the budding not be conSIdered as part of the gross floor area of the buddmg for the purposes
of determmmg the reqUIred on SIte parking.
(c) The subject property IS located on the southwest comer of PacIfic Coast
HIghway and Eighth Street.
(d) The subject property IS rrregularly shaped WIth an area of 16,977
square feet. The subject property has approxImately 150 feet of frontage on EIghth Street
and 113 feet of frontage 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 Addltton, m the CIty of Seal Beach, County
of Orange, State of CalIfornia as shown on Map recorded m
Book M.M. 3, Pg 29 m the Office of the County Recorder of
Said County, except that portion of Lot 35 deeded to the State
of Callfonua per Deed D:436-203 recorded September 19,
1922.
(f) The surrounding land uses and zonIng deslgnattons are as follows:
NORTH
Across Pacific Coast HIghway are smgle famIly resldenttal uses
located in the Resldenttal Low DenSIty zone (RLD)
SOUTH
A mIxture of multi-famdy and smgle-family resldenttal uses
located in the Resldentta1 HIgh DenSIty zone (RHD).
EAST
& WEST
A mIxture of retad commercIal uses located along PacIfic Coast
HIghway IS the General Commerctal zone (C-2).
(g) The subject buddmg was constructed in 1970 and formerly housed a
hank (Secunty PacIfic) unttl its closure m early 1993.
(h) In response to Its mlUled nottce for thIS request, the CIty has receIved a
letter from Donald Pasch, a netghbor at 332 EIghth Street, Seal Beach and a petttton from
approxImately 27 mdlviduals expressing concerns relative to on-street parktng and odors
from the brolhng unit, respecnvely.
(I) CIty has received wntten comments respondmg to the nottces of the
heanng on CUP 94-4 which were incorporated mto the record.
(J) In response to concerns expressed by the person m opposItton to the
extensIOn of the condittonal use permIt, the apphcant agreed to mstall a "Nlceo Incendalyst
FIlter" for the broder at the restaurant.
Sectton 5. Based upon the facts contamed m the record, mcludmg those stated
m G 4 of thIS resolutton, and pursuant to U 24-1400; 28-2503 and 28-2504 of the CIty'S
Code, the Planning CommIssIon hereby finds as follows:
D IWPSIIRBSOICIIP94-4B PCIlILWIOS-OI.96
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PIQll/IJng ComnusSlon Resolution No 96-24
May 8, 1996
(a) Condlttonal 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"
deSlgnatton for the subject property and permIts restaurants and drive-m restaurants subject to
the Issuance of a condlttonal use permit. The use IS also consIstent WIth the rem81mng
elements of the CIty's General Plan as the pohcies 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 Planning CommIssIon's twenty-sIx (26) condlttons of approval
m place, the proposed use of the property as a dnve-in restaurant will be compattble WIth
surroundmg uses and WIll not be detnmental to the surroundmg neIghborhood. Specifically,
the condlttons address such concerns expressed during the pubhc hearing as late night nOise,
nOises assocIated WIth the P.A. speaker, the provision of restroom and dining faclhttes at all
hours the restaurant is open to the public, hours of operation of the bUSiness, parking lot
hghttng, and odors from the broders, as well as a senes of short revIew penods whereby the
CommiSSion, at a nottced pubhc hearmg, WIll conSider the effecttveness of Its condItions and
may eIther make changes to the condItions based on pubhc testtmony or may terminate the
use permIt for the dnve-thru window in the event no comblnatton of condlttons can
sattsfactonly prevent detrimental effects on the surrounding neIghborhood.
Further, as an eXIsting structure, the style, heIght and bulk of the
proposed structure IS consistent WIth surroundmg resIdential and commercIal uses
(c) The buddmg and property at 770 Pacific Coast HIghway are adequate
m Size, shape, topography and locatton to meet the needs of the proposed use of the
property.
(d) ReqUIred adherence to apphcable budding and fire codes ensure there
will be adequate water supply and utthttes for the proposed use.
Section 6. Based upon the foregOing, the Planning ComInlsSlon hereby
approves a six-month extensIon of CondItional Use PermIt 94-4, subject to the followmg
condlttons.
1. CUP # 94-4 IS approved for a dnve-In restaurant at no PacIfic Coast
Highway, Seal Beach.
2. The hours of operatton shall be daily - 6.00 A M. to 12'01 A.M The last
meal shall be served at 11:30 P.M. WIth all patrons out of the budding by
12'01 A.M. All maintenance acttVlttes shall be completed by 12:30 A.M. The
dnve-thru window may remam open unttl 12:01 A.M.
3. There shall be no mtenor mamtenance or other bUSiness related acttvlttes
between the hours of 12:30 A.M. and 6 00 A.M. of the same day. There
shall be no extenor m81ntenance between the hours of 12:01 A.M. and 6.00
A.M. of the same day.
4. No vIdeo games or slmdar amusements shall be permItted on the premIses.
5. A sIgn of not less than 2' x 2' square shall be posted and m81ntamed at the
entrance to the play area m a manner acceptable to the DIrector of
Development Services, indlcattng that the play area shall be for paymg
customers and thetr chIldren only.
6. All hghts shall be turned off dunng all non busmess hours. ThIs condltton
may be modIfied to allow hmlted secunty hghttng of the parking area If
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Planmng ComnllSSlOn Resollll1on No 96-.14
May 8, 1996
deterInlned necessary by the DIrector of Development Servtces. In such case,
a11lighttng must be dIrected away from resIdences and shall be shIelded to
prevent glare on netghboring restdenttal properttes.
7. Dunng busmess hours, the extenor hghting m the parlong area shall be kept at
a level so as to provide adequate hghtmg for patrons whtle not unreasonably
dIsturbing surroundIng restdential or commercIal areas
8. The restrooms shall remam open to the pubhc dunng all busmess hours
9 The mtenor dmmg area shall be open to the pubhc dunng all busmess hours.
10. The block wall on the southerly SIde of the property shall be mmntamed to
eight (8) feet in height.
11. The volume on the ordenng system shall be turned down to Its lowest audIble
level after 9:00 P.M.
12. The apphcant shall install and mmntam m operatton at all ttmes only the
"Honzon" dnve-thru ordenng system or a substanttally slmtlar a1ternattve WIth
the approval of the DIrector of Development Servtces.
13 LItter and trash receptacles shall be located at convement locattons inSIde and
outside the estabhshment, and the operator of the estabhshment shall remove
trash and debns on an appropriate basis so as not to cause a health problem.
There shall be no dumpmg of trash and/or glass bottles outSIde the
establishment between the hours of 10.00 P M. and 7:00 A M.
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 ~
BP.lIr.h MuniCIpal Code, to require the provision of additional secunty
measures.
15 The property shall be mmntamed graffitt free at all ttmes.
16. A mInimum of five (5) trees shall be mmntamed withm the parlong lot area
Smd trees shall be a InImmum of SIze of 24 mch box
17 All delivenes shall take place between the hours of 7:00 A.M. and 8 00 P.M.
18. The estabhshment shall have a pubhc telephone Iisttng.
19. The applIcant will prominently display these condItions of approval m a
locatton within the buSIness's customer area that IS acceptable to the Duector
of Development Services.
20. The apphcant remmns bound by all condItions of approval of Vanance 94-5.
21. TIus Condittonal Use Permit shall not become effecttve for any purpose unless
an "Acceptance of CondItions" form has been sIgned by the apphcant m the
presence of the Dtrector of Development ServIces, or notartzed and returned to
the Planmng Department; and until the ten (10) day appeal penod has elapsed.
22. A modificatton of this Condlttonal Use PermIt shall be obtamed when:
(a) The estabhshment proposes to modIfy any of Its current condItions of
approval
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PlalllUng ComnusslOn ResolUllon No 96-~
May 8, 1996
(b) There IS a substanttal change In the mode or character of operations of
the establtshment.
23. The Planmng CommIssIon reserves the nght to revoke or modIfy thIS
Condlttonal Use PerInlt if any Vlolatton of the approved conditions occurs, any
violation of the Code of the CIty of Seal Beach, occurs, or for those reasons
specified by Arttcle 28, and In the manner specIfied In Arttcle 25, of Chapter
28 of the Code of the City of Seal RP<Ir.I1.
24 The term of thIS permIt shall be for SIX (6) months, after whIch ttme the
ComInlssion shall review the use at a publtc heanng and may thereafter extend
the permit for a penod not to exceed twelve (12) months. At the end of the
second extensIon the ComInlsslon shall revtew the use at a public hearing, and
may extend the permit mdefimtely, provIded all condlttons 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 drive-In use anse. If at any ttme the Commission
determtnes negattve impacts on surroundIng land uses assocIated WIth the
dnve-In use of the property are Irresolvable the CommissIon may revoke thiS
permIt thereby termInattng dnve-m pnvIleges for the restaurant.
25 All construction shall be In substanttal comphance WIth the plans approved
through Condlttonal Use Permtt 94-4, mcludmg the provISIon of a chIld's
dmIng table In the chIldren's play area.
26 WIth the concurrence of the appltcant, the appltcant shall Install and mamtaIn
In good operating condItion at all times the "Nlceo Incendalyst" for the Model
# 950 BroIler # 9679 installed on the premIses, or a substanttally sImIlar
alternative WIth the approval of the Director of Development ServIces
PASSED, APPROVED AND ADOPTED by the Plannmg CommIssIon of the CIty
of Seal Beach at a meeting thereof held on the 8th day of I~a v , 1996
by the follOWIng vote
AYES.
Commissioners
Campbell, Law, Sharp, Brown
NOES
CommIssIoners
ABSENT:
CommIssIOners
Dahlman
ABSTAIN: CommIssioners
{J~
PatriCta E Campbell, Chlll
Planmng CommiSSIon
~w~
Whtttenbefg, Secretary
Planning ComInlssion
D IWPSIIllL'lOICIJP94.4B PCRILWIOS-OI-96
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