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Home My WebLink AboutPC Res 98-14 - 1998-04-2 \ ,. RESOLUTION NUMBER 98-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 98-8, ALLOWING A DRIVE-THROUGH WINDOW IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 12161 SEAL BEACH BOULEVARD, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On April 1, 1998 Mark A Griffin Submitted an application on behalf of Champs Grill for CUP 98-8 with the Department of Development Services Specifically, the applicant is proposing an after-the-fact approval of a drive-through window in conjunction with an existing restaurant located at 12161 Seal Beach Boulevard, Seal Beach (Champs Grill) Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staff has detenruned as follows' The application for CUP 98-8 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 the negligible expansion of an existing use, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of 20"10 slope or a change in land use or density; and finally, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3 A duly noticed public hearing was held before the Planmng Commission on April 22, 1998 to consider the application for CUP No. 98-8 At the public hearing the applicant spoke in favor of the request with no one speaking in opposition Section 4 The record of the hearing on April 22, 1998 indicates the following (a) On April 1, 1998 Mark A Griffin Submitted an application on behalf of Champs Grill for CUP 98-8 with the Department of Development Services (b) Specifically, the applicant is proposing an after-the-fact approval of a drive-through window in conjunction with an existing restaurant located at 12161 Seal Beach Boulevard, Seal Beach (Champs Grill) (c) The subject property is located within the Rossmoor Business Center, the City's largest commercial shopping center (d) The subject property is legally described as Orange County Assessor's parcel number 086-491-33, and is located on the westerly side of Seal Beach Boulevard approximately 550 feet south of the center of the intersection of Seal Beach Boulevard and Bradbury Road (e) The subject property contains an existing restaurant which existed for over 20 years with no history of extraordinary demand for law enforcement services regarding the restaurant or sales of alcoholic beverages on the property. (f) The restaurant is a Chicago-style deli serving sausages, chili, sandwiches and other deli fare The restaurant sells an assortment of non-alcoholic beverages as well as beer. (g) In August 1986 the Planning Commission approved CUP 10-86 permitting the sale of beer and wine for on-premises consumption. , e WIy DocumenlslBany's Old Stull\My DocumenlslCondrtlOnal Use Pemuts\98-8 ResoIubon doc , Planmng CommISSIon ResolutIon No 98-/4 CondItIonal Use PermIt 98-8 Aprll22, 1998 (h) In 1992 the City approved a Building Permit No 7189 allowing an interior remodel of the subject restaurant. Included in this approval the applieant added a drive- through window. At the time, planning staff either did not realize the drive-through window was a new feature or was not aware a drive-through window was being added, in either case, no CUP was required. Staff became aware of this situation when the current owner attempted to sell the restaurant The Department of Alcoholic Beverage Control contacted the City regarding the proposed transfer ownership. At that time staffbecame aware the drive-through window had never received a CUP and was not a preexisting use prior to 1991. (i) The surrounding land uses and zoning are as follows NORTH & SOUTH EAST Retail commercial uses within the Rossmoor Business Center located in the General Commercial zone (C-2) Located across Seal Beach Boulevard are single family residences within the City of Los A1amitos A multi-family residential complex located within the City of Los Alamitos WEST (j) The City has received no comments, written or other, in response to its mailed and published public hearing notice regarding CUP 98-8 (k) Mike Sellers, Chief of Police has reviewed the requested CUP and has no concerns regarding the requested use Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-1400,28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows (a) Staff Inspected the site on April 8, 1998 and found the restaurant is abiding by all conditions of approval of CUP 10-86 which permits the sale of beer and wine for on-premises consumption (b) Conditional Use Permit 98-8 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 drive-in restaurants subject to the issuance of a conditional use permit. 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 (c) Subject to the proposed conditions ofapproval, the proposed use of the property as a drive-through restaurant will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood As the use has existed for 5+ years with no history of any complaints, comments or concerns regarding the drive-through, as well as the presence of a drive-through window at the nearby Carl's Jr. restaurant and drive-through teller at the Bank of America, staffis not recommending any specific noise related conditions at this time (d) As an existing structure, the style, height and bulk of the proposed structure is eonsistent with surrounding residential and commercial uses (e) The building and property at 12161 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the proposed use of the property (f) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. 98-8 R....utIon.doc BCC be Page 2 . .. . Planmng CommIssIon ResolutIOn No 98-14 CondItIOnal Use PermIt 98-8 Aprll22, 1998 Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 98-8, subject to the following conditions 1. CUP # 98-8 is approved for a drive-through restaurant at 12161 Seal Beach Boulevard, Seal Beach. 2 The applicant shall remain bound by all conditions of approval of CUP 10-86. 3. No alcoholic beverages may be sold through the drive-through window Per the requirements of CUP 10-86 all a1coholie beverages sold at this property shall be consumed entirely on the premises; none shall be sold as take out. 4 There shall be no advertising or listing of alcoholic beverages on any of the price boards or other signs visible from the drive-through lane 5. No video games or similar amusements shall be permitted on the premises 6 The interior dining area shall be open to the public during all business hours 7 The volume on the ordering system shall be turned down to its lowest audible level after 900PM 8 Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and the operator of the establishment shall remove trash and debris on an appropriate basis so as not to cause a health problem There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of \0'00 P M and 7'00 AM 9. The applicant will prominently display these conditions ofapproval in a location within the business's customer area that is acceptable to the Director of Development Services 10 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 11 A modification ofthis Conditional Use Permit shall be obtained when a. The establishment proposes to modifY any ofits current conditions ofapproval b There is a substantial change in the mode or character of operations of the establishment 12. The Planning Commission reserves the right to revoke or modifY this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the Ci~ 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 13 The term of this permit shall be for twelve (12) months (At the end of the initial twelve (12) month review period the applicant shall submit an application for renewal of the use, along with fees and required property owner/residents mailing labels to the Department of Development Services) At the end of this initial review period the Commission shall review the use a public hearing and may extend the permit indefinitely, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occurs with respeet to the subject property, or other significant problems associated with the drive-through use arise If at any time the CommiSSion determines negative impacts on surrounding land uses associated with the drive-through use of the property are irresolvable the Commission may revoke this permit thereby terminating drive-through privileges for the restaurant 98-8 R....utlon doc Bee be Page 3 , . Planmng Comm,..lOn ResolutIon No 98-14 CondItIonal Use PermIt 98-8 AprIl 22, 1998 PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach at a meeting thereof held on the 22M day of April 1998 by the following vote AYES. Commissioners Brown, Hood, Larson,haw, Yost NOES. Commissioners ABSENT: Commissioners b!:.&tr Planning Commission 98-8 ResoIubon doc Bee,be Page 4