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Home My WebLink AboutPC Res 97-15 - 1997-07-09 I RESOLUTION No. 97- IS' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING AMENDMENTS TO CONDITIONAL USE PERMIT 97-1 AT 12147 SEAL BEACH BOULEVARD, SEAL BEACH, CA [YUCATAN GRILL] THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On June 5, 1997, Charles Robinson, representing the Four Amigos, submitted an application for Condibonal Use Permit (CUP) 97-1. This requested amendments to a new CUP to allow: a. Constructing a 681 square foot (approximate) patio at the north side of the property; b. Enclos1Og this patio with a stucco wall 5' at the front; c. Enclosmg the remainder of the patio with a 7' wood fence with locking gates, panic hardware and an audible alarm; d. Building an 8' x 8' x 16' unisex, handicapped-accessible re~troom; e. Building a 9'2" x 11 '9" storage area (109'12 square feet). Section 2. Section 3. Section 4. Pursuant to 14 California Code of Regulations, Section 15025(a) and Section I1.B of the CIty's Local CEQA Guidelines, ~taff has determined as follows: CUP 97-1 is categoncally exempt from review, pursuant to the California EnVironmental Quality Act pursuant to 14 Calif. Code of Regs. Section 15301 (EXIsting Uses), because it involves the negligible expansion of an existmg use, and pursuant to SectIOn 15061 (b) (3), because it can be seen with certainty that there is no possibility that the approval may have a sigmficant effect on the environment. A duly Noticed Public Hearing was held before the Planmng CommiSSIOn on July 9, 1997, to conSider the application for amending CUP 97-1. The record of the Public Hearing on July 9, 1997 lI1dlcates the following: (I) The subJect property IS located at 12147 Seal Beach Boulevard, Seal Beach, CA. The site is zoned General Commercial (C-2). TlIe restaurant has a total of 2573 square feet, which includes a 1275 square foot exterior , City of S.,.I B,,"ch Plannmg Comnlls",on Re.olullon No 97-J5. Re: Amendmenl.lo CUP 97-1 patio, a 109 square foot storage shed and a 128 square foot handicapped-accessible restroom. (2) The subject property is a rectangular parcel with approximately 45 feet fronting Seal Beach Boulevard. It is compnsed of approximately 6,750 square feet. It IS located approximately 338 feet from the centerline of Bradbury Road in the Rossmoor Business Center in the northeast corner. (3) The surrounding land uses are: NORTH & SOUTH A mixture of commerCIa] uses within the Rossmoor Business Center. EAST Across Seal Beach Boulevard are single-family dwellings located in the City of Los Alamitos. WEST Multi-family dwellings, located in the City of Los Alamltos. (4) The Police Department has reviewed ItS records and has no concerns on approving the amendments to CUP 97-1. Section 5. Based on the facts contained in the record, includmg those stated in Section 4 of this resol ution, and pursuant to Code SectIOns 28- 2503 and 28-2504, the Planning CommiSSIOn hereby finds: . The building and property at 12147 Seal Beach Boulevard are adequate 10 Size, shape, topography and location to meet the needs of the proposed use of the property. . Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. . The continued use of the subJect property as a restaurant serving beer and wme on the premises is compatible with the 10tended character of Rossmoor Center. Adherence to the Conditions of Approval placed on the use by both the City of Seal Beach, the Orange County Health Department, and the State 2 CIty of Seal Beach Planmng Comm....on Re.olutlOn No. 97-_ Re: Amen<lmenl. to CUP 97-1 Department of Alcoholic Beverage Control (ABC) should mitigate any negative impacts to neighboring residential properties. . The Seal Beach Police Department has reviewed its existmg records and has no reservations regarding approval of amendments to the new ConditIonal Use Permit at the site. Section 6 Based on the foregoing, the amendments to Conditional Use Permit 97-1, are approved through the adoption of Resolution No. 97-_, subject to the following Conditions of Approval: 1. CUP #97-1 IS amended to allow: a. Constructing a 681 square foot (approximate) patio at the north side of the property; b. Enclosing thiS patio with a stucco wall 5' at the front; c. Enclosing the remamder of the patIo With a 7' wood fence with locking gates, panic hardware and an audible alarm; d. BUilding an 8' x 8' x 16' unisex, handicapped-accessible restroom; e. Building a 9'2" x 11 '9" storage area (1091h square feet). 2. The applicant shall comply with all restrictions placed on the license ISSUed by the State of California Department of Alcoholic Beverage Control. 3. The applicant shall furnish the City with a copy of his ABC license and a copy of the conditions placed on the license by ABC. 4. The applicant shall comply with all Conditions of Approval set forth 10 Resolution No. 97-5 regard 109 alcohol sales and service. 5. The hours of operation shall be 10:00 A.M. to 11:00 P.M. daily. 6. No video games or Similar amusements shall be permitted on the premises without the approval of a separate Conditional Use Permit. 7. There shall be no exterior advertising of any kind or type, including advertising directed to the extenor from within, promot1Og or indicating the availability of alcoholic beverages. 3 City of Seal Beach Pl:mnmg ComnU.Mon ReMJlullon No. 97-_ Re: Amendment. to CUP 97-1 8. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasoliably dIsturbing surrounding residential or commercial areas. 9. The applicant will prominently dIsplay these ConditIOns of Approval in a location within the businesses' customer area that is acceptable to the Director of Development Services. 10. The establishment shall have a public telephone h~tmg. II. Litter and trash receptacles shall be located at convement locations inside and outside the establishment. The operators of such establishment shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the house of 10:00 p.m. and 7:00 a.m. 12. The applicant will permanently remove the cargo/storage container at the rear of the restaurant. 13. The applicant will build a 7' wooden fence, as described in the plans with two rear gates. The applicant will mstall paOlC hardware on these gates with an audible alarm. 14. The applicant will screen the trash dumpsters in a manner that IS acceptable to the Director of Development Services. 15. The two rear gates will be kept closed at all times except in case of an emergency and/or to load catenng trucks. 16. In the event staff determmes secunty problems eXist on the site, the conditions of this permit may be amended, under the procedures of The Code of the CIty of Seal Beach, to require the proVISions of additIOnal security measures. 17. Conditional Use Permit #97-1 shall be automatically tenmnated If the operation is no longer main tamed as a "bona fide public eating place" as defined by the ABC. 18. The establishment must serve a complete menu of food until thirty (30) minutes prior to c10smg time. 19. There shall be no live entertainment, amphfied music, or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit issued by the City and -I ~ CIty of Seal B...ch PlanRlng Comm"hlon Re.ollltlOn No 97-_ Re: Amendment. to CUP 97-1 unless such uses are consistent with the license conditions imposed by ABC. 20. The facility shall comply With Chapter l3D, "Noise Control", of The Code of the City of Seal Beach as the regulatlons of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the nOise level to comply with the provisions of Chapter 13D. 21. All outdoor dining areas shall be surrounded by an enclosure of a design and height satlsfactory to the Planning Commission. 22. The applicant will install twelve inch (12") planter boxes on the new exterior stucco patio wall and keep them planted with live plant matenals at all times. Conditional Use Pernut 23. ThiS amended Conditional Use Permit shall not become effectlve for any purpose unless an "Acceptance of ConditIOns" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planmng Department; and untll the ten (10) calendar-day appeal period has elapsed. 24. A modification of this Conditional Use Permit shall be obtained when: (a) The establishment proposes to change ItS type of liquor license. (b) The establishment proposes to modify any of its current Conditions of Approval. (c) There IS a substantial change in the mode or character of operations of the establishment. 25. The Planmng CommiSSIOn reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach lf harm or ret8l1-related problems are demonstrated to occur as a result of cnmmal or anti-social behavior, including but mot limited to the congregatlon of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 5 , 26. 27. City 01 Seal Beach Planmng COllum_Mon R~solutlon No. 97-_ R~: Am~ndm~nl_ to CUP 97-1 This Conditional Use Permit shall become null and void unless exercised within one (I) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of development ServIces a minimum of ninety (90) days prior to such expiration date. The term of this permit shall be six (6) months. At the end of the mitial term, the applicant may ply for an extension of CUP #97- I. The Commission may grant an indefimte extension provided that all Conditions of Approval have been met and no slgmficant police or other problems have occurred. The applicant IS hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefimte permit. PASSED, APPROVED AND ADOPTED by the Planning CommissIOn of the City of Seal Beach at a meeting thereof, held on the 9"' day of July 1997, by the following vote: Commissioners..l:fr---l Yns.t:-. BtnLU" J LAIl' 8\-.l\n J, J .:..aIr" AYES: NOES: Commissioners - - ABSTAIN: Commissioners - ABSENT: Commissioners .f?-7u~~ ~:~,.. Chairman Planning Commission H. Whittenberg ecretary Planning CommISSion 6