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HomeMy WebLinkAboutPC Res 97-44 - 1997-11-19 i RESOLUTION NUMBER 97-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE 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 RESOL VB Section 1 On June 13, 1994, Leroy L Stone filed an appbcatlon for CUP 94- 4 and Variance 94-5 With the Department of Development SeTVIces Through CUP 94-4 and Vanance 94-5, Mr Stone sought approval to estabbsh a drive-through restaurant WIth less than the required on-site parkmg at 770 PaCIfic Coast Htghway, Seal Beach (Burger King) Subsequently, Mr Stone sold the busmess to Clmm's Incorporated ("the Appbcant") The appbcant IS now seeking an mdefimte extensIOn of the use peTffilt as authonzed through Resolution No 96-43 Section 2 Pursuant to 14 Cabf Code of Regs ~ 15025(a) and ~ II B of the CIty'S Local CEQA Guldebnes, staffhas deterrmned as follows The application for CondItIOnal Use Permit 94-4 IS categorically exempt from review pursuant to the Cahforma EnVll"onmental QUalIty Act pursuant to 14 Calif Code of Regs ~ 15303 (New Construction or Conversion of Small Structures), because it mvolves the converSIon ofan existing small structure from one use to another and only ffilnor modifications Will be made to the exterior 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 pubbc hearing was held before the Planmng Commission on November 19, 1997 to conSIder an mdefimte extensIOn of ConditIonal Use PermIt 94-4 At the public heanng the applicant spoke m favor of the request With no one spealang in opposItIon Section 4 The record of the heanng on November 19, 1997mdlcates the follOWIng (a) On June 13, 1994, Leroy L Stone filed an appbcatlon for CUP 94- 4 and Vanance 94-5 With the Department of Development SeTVIces The Planmng COlllIl1lSSl0n approved the request at ItS August 3, 1994 meetmg The restaurant opened m November 1995 The Planmng CommisSIon granted a six (6) month extension of CUP 94-4 at ItS May 8, 1996 meetmg and a twelve (12) month extensIOn at ItS November 6, 1996 meetmg (b) Through CUP 94-4, the appbcant requested to estabbsh a dnve- through restaurant WIth less than the requIred on-site parkIng at 770 PaCIfic Coast Highway, Seal Beach (Burger Kmg) The appbcant IS also seelang to add a smgle table Wltlun the dedicated play area for cluldren' s parties (c) The subject property IS located on the southwest corner 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 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 Lotluan's Tract, 1st Addition, in the CIty of Seal Beach, County of Orange, State of Cabfornla as shown on Map recorded m Book M M o \My Documents\ConddlonalUM PennIls\9404 RIl&OIubon 91 doc Plannmg CommISSIOn ResolutIOn No 97-44 3, Pg 29 in the Office of the County Recorder ofS81d County, except that portion of Lot 35 deeded to the State of Call forma per Deed D 436-203 recorded September 19, 1922 (f) The surroundmg land uses and zomng desIgnatIons are as follows NORTH Across Pacific Coast HIghway are smgle faffilly residential uses located 10 the ResIdential Low DenSIty zone (RLD) SOUTH A mixture of multl-falDlly and smgle-faIDlly residential uses located in the Residential HIgh DenSIty zone (RHO) EAST & WEST A mixture of retaIl commercIal uses located along Pacific Coast Highway IS the General CommercIal zone (C-2) (g) The subject bUlldmg was constructed in 1970 and formerly housed a bank (Security Pacific) until ItS closure m early 1993 (h) In response to compl81nts at the COffiffilsslon's April 17, 1996 meetmg the applicant mstalled a catalytIc emiSSIons scrubber on the restaurant's hood system SectIon 5 Based upon the facts cont81ned m the record, mcludmg those stated 10 ~ 4 oftlus 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 PeTffilt 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 peTffilts restaurants and dnve-m restaurants subject to the Issuance of a condItIOnal use peTffilt The use IS also consIstent WIth the rem81mng elements of the CIty'S General Plan as the pohcles of those elements are consIstent WIth, and reflected in, the Land Use Element Accordmgly, the proposed use IS consIstent WIth the General Plan (b) WIth the Planmng COffiffilsSlon's twenty-sIX (26) conditions of approvalm place, the proposed use of the property as a dnve-m restaurant IS compatIble WIth surrounding uses and will not be detnmental to the surrounding neighborhood Specifically, the conditions address such concerns expressed dunng the pubhc hearing as late mght nOIse, noises assocIated WIth the P A speaker, the proVISion of restroom and dlmng facihtles at all hours the restaurant is open to the public, hours of operation of the business and parking lot lightmg Further, as an exJstmg structure, the style, height and bulk of the structure IS consistent WIth surrounding residential and commercIal uses (c) The buildmg and property at 770 PacIfic Coast Highway are adequate m SIZe, shape, topography and locatIon to meet the needs of the proposed use of the property (d) ReqUIred adherence to apphcable buddmg and fire codes ensure there WIll be adequate water supply and utJhtles for the proposed use SectIon 6 Based upon the foregoing, the Planning CommiSSIOn hereby approves an mdefinite extensIOn of Conditional Use Permit 94-4, subject to the follOWIng condItIons 1 CUP # 94-4 IS approved for a dnve-m restaurant at 770 Pacific Coast Highway, Seal Beach 2 The hours of operation 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 buddmg 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 Page 2 94-4 ResoIubon rn Planmng CommISSIon ResolutIon No 97-44 3 There shall be no intenor mamtenance or other busmess related actiVItIes between the hours of 12 30 A M and 6 00 AM of the same day There shall be no extenor maintenance 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 mamtamed at the entrance to the play area In a manner acceptable to the DIrector of Development SeTVlces, indicatmg that the play area shall be for paymg customers and their cluldren only 6 All lights shall be turned off dunng all non business hours Tlus conditIon may be modified to allow hmited secunty lighting of the parking area If deteTffilDed necessary by the Director of Development Services In such case, all lighting must be directed away from residences and shall be shielded to prevent glare on neighboring residential propertIes 7 Dunng busmess hours, the extenor lighting 10 the parkmg area shall be kept at a level so as to provide adequate IIghtmg for patrons whIle not unreasonably dlsturbmg surroundmg reSIdential or commercIal areas 8 The restrooms shall remain open to the public dunng all busmess hours 9 The intenor dmmg area shall be open to the public during all busmess hours 10 The block wall on the southerly SIde of the property shall be rlllsed to eIght (8') feet in heIght 11 The volume on the ordenng system shall be turned down to ItS lowest audIble level after 900PM 12 The applicant shallmstall and mlllntllln in operatIon at all tImes only the Honzon™ drive- through 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 mSlde and outSIde the establishment, and the operator of the establishment shall remove trash and debns on an appropnate 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 1000 P M and 7 00 AM 14 In the event staff determines that security problems eXist on the Site, the conditions of tlus permit may be amended, under the procedures of the Seal Beach Mumclpal Code. to require the proviSIon of addItIonal secunty measures 15 The property shall be mlllntamed graffitI free at all tImes 16 A mimmum of five (5) trees shall be planted and mlllntained WItlun the parkmg lot area SlIId trees shall be a ffilmmum of size of 24 lOch box The applicant shall subffilt a landscapmg plan to the Department of Development Services for review and approval pnor to Issuance of a bUlldmg permit for tenant Improvements 17 All dellvenes shall take place between the hours of7 00 A M and 8 00 P M 18 The establishment shall have a public telephone lIstmg 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 10 conjunction WIth cluldren's parties 20 The applicant wtll prominently dIsplay these conditIOns of approval 10 a location WItlun the business's customer area that IS acceptable to the DIrector of Development SeTVIces Page 3 ~ Resolution 87 ..... Planmng CommIssIon ResolutIon No 97-44 21 The apphcant remaInS bound by all conditions ofapproval ofVanance 94-5 22 Tlus CondItIonal Use PeTmlt shall not become effectIVe for any purpose unless an "Acceptance of CondItIons" form has been signed by the apphcant m the presence of the DIrector of Development SeTVlces, or notarized and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 23 A modification oftlus CondItIonal Use Permit shall be obtamed 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 establishment 24 The Planmng CommisSIon reserves the right to revoke or modIfY tlus CondItIOnal Use Permit Ifany 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 speCIfied in Article 25, of Chapter 28 of the Code of the City of Seal Beach 25 All constructIOn shall be m substantIal compliance WIth the plans approved through CondItional Use PeTmlt 94-4 26 The apphcant shall mstall and permanently maIntaIn a catalytIc effilSSlons scrubber on the restaurant's hood system to hIDlt smoke and odors caused by the restaurant PASSED, APPROVED AND ADOPTED by the Planmng COffiffilssion of the City of Seal Beach at a meetmg thereof held on the 19th day of November, 1997 by the follOWIng vote AYES COffiffilssioners Brown, Hood, Larson, Yost NOES CommissIOners ABSENT COffiffilssloners Law ~ ~b"" - Secretary Page 4 ~ ReeoIubon 87