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HomeMy WebLinkAboutPC Res 98-29 - 1998-09-23 ~ r RESOLUTION NUMBER 98-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-13, PERMITTING AN EXPANSION OF AN EXISTING RESTAURANT AT 600 PACIFIC COAST HIGHWAY. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On August 3,1998, Kunio Go, on behalf of the Koi Restaurant (the "Applicant"), filed an application with the Department of Development Services for Conditional Use Permit 98-13. Specifically, the applicant requested to expand an existing restaurant by approximately 35% floor area in order to offer a sushi bar and provide larger restroom facilities. The restaurant is located at 600 Pacific Coast Highway, and is part of the Bay City Center, a multi-tenant shopping center in operation for approximately 20 years Section 2 Pursuant to 14 Calif. Code of Regs ~ IS02S(a) and 0 n B of the City's Local CEQA Guidelines, staff has determined as follows The application for Conditional Use Permit No. 98-13 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15301 (Existing Uses), because it involves an addition to an existing use which does not exceed 10,000 square feet in an area where all public services and facilities are available and the project area is not in an environmentally sensitive area, and pursuant to 0 1 S061 (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. Section 3 A duly noticed public hearing was held before the Planning Commission on September 23, 1998 to consider the application for Conditional Use Permit No.98-13. At the hearing the applicant spoke in favor of the request with no one speakmg In opposition. Section 4. The record of the hearing on September 23, 1998 indicates the following: (a) On August 3, 1998, Kunio Go (the "Applicant"), filed an application with the Department of Development Services for Conditional Use Pennit 98-13 (b) The applicant is requesting to expand an existing restaurant by approximately 3S% in floor area in order to offer additional food services and to provide larger restroom facilities (c) The subject property is part of the Bay City Center, a multi-tenant shopping center in operation for approximately 20 years (d) City has received no comments in response to the mailed/published notices of the hearing on CUP 98-13 Section S. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to 00 28-2S03 through 28-2504 of the City's Code, the Planning Commission hereby finds as follows D \My documemslConddlonal Use Penmtsl9S-13 ResoluuOll doc\LWI09-29-98 IIJ Planning CommISSIOn ResolutIOn No 98-29 CondItIOnal Use Pennll No 98-13 September 23, 1998 . (a) Conditional Use Permit 98-13 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a Commercial designation for the subject property and permits general commercial uses and additions to same The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The building and property of which the Koi Restaurant is located are adequate in size, shape, topography and location to meet the needs of the proposed restaurant expansion. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use (d) The proposed major addition is in keeping with the requirements of Section 28-1400 ofThe Code of the City of Seal Beach Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No 98-13 subject to the following conditions 1. Conditional Use Permit 98-13 is approved for expansion of the Koi Restaurant located at 600 Pacific Coast Highway, Seal Beach 2. All construction shall be in compliance with the requirements of the Uniform Building Code and Uniform Fire Code Restroom construction shall be in compliance with the Americans with Disabilities Act 3 All construction shall be in substantial compliance with the plans approved through CUP 98- 13 4 This Conditional Use Permit shall not become effective 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 Planning Department, and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day of September, 1998 by the following vote AYES. Commissioners Cutull, Hood, Larson, Lyon, and Brown NOES Commissioners None ABSENT: Commissioners None M Brown, M D hairman, Planning Commission e Whittenberg Secretary, Planning Commission 98-13 Resolub... Page 2