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Home My WebLink AboutPC Res 06-35 - 2006-08-09 RESOLUTION NUMBER 06-35 0-9/ S;, /114( A RESOLUTiON OF THE PLANNiNG COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 04-1 (INDEFINiTE EXTENSION), ALLOWING A DRIVE THROUGH FAST FOOD RESTAURANT AT THE PROPERTY LOCATED AT 13902 SEAL BEACH BOULEVARD, SEAL BEACH. THE PLANNING COMMiSSiON OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Secl10n 1 On June, 21 2006, Lorenzo Reyes, on behalf of Carl's Jr. (the "ApplIcant") filed an applIcatIOn WIth the Department of Development Services for ConditIOnal Use Permit 04-1 (IndefinIte Extension) for a dnve through restaurant to bc located the Leisure World Shoppmg Center SectIon 2 Pursuant to 14 Cahfornla Code of RegulatIons *15305 and *TI(B) of the CIty's Local CEQA GUIdelines, staff has determmed as follows the applIcatJon for CUP 04-1 for the proposed interIor remodelIng is categoncally exempt from review pursuant to the CalIfornia Environmental QualIty Act pursuant to 14 CalIfornia Code of RegulatIons ~1530l (Mmor Alteral10ns m Land Use LimItatIOns), because the proposal mvolves a neglIgible expansIOn of an eXIsting use; pursuant to *15305 (Mmor Alteral10ns m Land Use LlmltatJons), because the proposal mvolves a minor alteral10n m land use lImItation and does not mvolve either a property m excess of 20% slope or a change m land use or density SectIOn 3. A duly notIced publIc hearing was held before the PlannIng CommIssion on August 9, 2006, to conSIder the applIcation for CUP 04-1 (Indefimte ExtcnslOn). No wntten eVIdence was submitted for or agamst the proJect, and at the public hearmg members ofthe audIence spoke both m favor and agamst the proposal. Secl10n 4. The record of the hearing of August 9, 2006 mdlcates the followmg (a) On June 21, 2006, Lorenzo Reyes submitted an applIcal10n for CUP 04-1 (indefinIte ExtenSIOn) with the Department of Development ServIces. (b) Spcclfically, the apphcant IS proposing to operate a dnve through restaurant in a ServIce CommercIal (C-l) zone, (c) The property IS located on the West side of Seal Beach Boulevard, north ofWeslInmster Avenue, m a ServICe Commercial (C-l) zone. (d) The subJect property IS descnbed as Orange County assessor's parcel nUlllber 095-641-53. 10f4 Plannlllg CommlSSlO1l ResollltlOn No 06-35 COll<lltlOllal U5e Permll 04-1 (Indefimte EAtemlOll) 13902 Seal Bea<h Blvd - Carl's Jr August 9, 2006 (e) The subJect property contams an existing shoppmg mall that has been m operatIon for at least 27 years The proposed restaurant would be a new bUlldmg m the shoppmg center (t) The surroundmg land uses and zomng are as follows: EAST Naval Weapons StatIOn m the Public Land UselRecreatlon (PLU/R) Zone WEST & NORTH Residential Housmg m a ReSidential High Density (RHD) Zone (LeIsure World). SOUTH VarIOUS commercial developments m a ServIce Commercial (C-l) Zone and Boemg Space and CommunIcatIOns m a Light h1dustnal (M-I) Zone. SectIOn 5. Based upon the facts contamed in the record, mcludmg those stated 111 *4 of this resolution and pursuant to **28-1300,28-2503 and 28-2504 of the CIty's Code, the PlannIng CommiSSIOn makes the following findmgs. . CUP No. 04-1 IS consIstent With the prOVIsions of the Land Use Element of the CIty's General Plan, which provIdes a "Service CommerCial" designatIon for the subJect property and permIts dnve thru restaurants subJect to the Issuance of a CondItIOnal Use Permit The use IS also consistent with the remammg elements of the City's General Plan as the policies of those clements are consistent with, and reflected m, the Land Use Element Accordmgly, the proposed use IS consistent wIth the General Plan. . SubJect to the condItions of approval, the use of the property as a full-servIce restaurant with a drive thru, is compatible with surrounding uses and IS not detrimental to the surroundmg neighborhood as the structure IS suffiCIently buffered from adJommg uses by the location of eXlstmg on-site bUl1dmgs m conjunction with the distance to residential land uses. . The subJect sIte located wlthm the Leisure World Shoppmg Center IS adequate m Size, shape, topography and location to meet the needs of the proposed use of the property and drive thru operation . Required adherence to applicable bUlldmg and fire codes ensures there will be adequate water supply and utilIties for the buildmg. Section 6 approves CondItIonal Use conditions, Based upon the foregomg, the PlannIng CommISSIOn hereby PermIt 04-1 (Indefimte ExtenSIOn), subJect to the followmg 20f4 Planning Comm.5SlOn ResolutlOll No 06-35 Condmonal U5e Penmt 04-1(lndefimte ExtensIOn) 13902 Seal Belich Blvd - Carl's Jr August 9, 2006 1. CUP 04-01 (Indefinite ExtensIOn) IS approved for a drIve thru window m conjunction with a restaurant establIshment located at the Leisure World Shopping Center, approximately 600 feet north ofWestmmster Ave, 2 All constructIOn shall be m substanl1a1 complIance WIth the conceptual plans approved by CUP No. 04-01 Any change to the floor plan or other deviation from the plans submItted as part ofthis applIcatIOn shall reqUIre an amendment to the ConditIOnal Use Permit 3. The hours of operal1on shall be 6:00 am to mIdnight for the indoor dinIng area and 24 hours, seven days a week for the dnve thru operation. 4 No video games or similar amusements shall be permitted on the premIses unless a separate condll1onal use permIt IS approved. 5 Litter and trash receptacles shall be located at convenient locatIOns mSlde and outSIde of the estabhshment. Operators of such estabhshments shall remove trash and debns on an appropnate baSIS so as to not cause health problems There shall be no dumping of trash and/or glass bottles outside the establIshment between the hours of 10 p,m, and 7 a.m. 6 in the event that staff determines secunty problems eXIst on the site, the condll1ons 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 7. There shall be no lIve entertainment, amplIfied music, or dancmg permItted on the premises at any time, 8 The establIshment shall comply With Chapter 13D, "Noise Control", of The Code of the Cltv of Seal Beach as the regulatIOns of that Chapter now eXIst or may hcrcafter be amended Should complaints be receIved regarding nOise generated by the establIshment, the Planning Commission reserves the right to schedule the subject CUP for reconSIderatIon and may reqUIre the apphcant/operator to mitigate the nOise level to comply with the proVISions of Chapter 13D. 9. A modlfical1on ofthls CUP shall be apphed for when: a. The establishment proposes to modIfy any of its current Conditions of Approval. b. There IS a substanl1al change m the mode or character of operations of the establIshment. 10 The Plannmg CommiSSIOn reserves the right to revoke or modify thIS CUP pursuant to ArtIcles 25 and 28 of The Code of the Cltv of Seal Beach If harm or retaIl-related problems are demonstrated to occur as a result of crimmal or anl1-soclal behavior, mcluding but not lImited to the congregation ofmmors, VIOlence, publIc drunkenness, vandalism, solICitation and/or litter. 30f4 Plllnnlng CommISsIOn Re5olutlOn No 06-35 Condlllonal Use Permll 04-1 (Indefimte ExtemlOn) 13902 Seal Belich Blvd - Carl's Jr August 9, 2006 11 The volume on the ordenng system shall be turned down to its lowest audIble level after 9.00 P.M. 12. thiS CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applIcant m the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) calendar-day appeal perIod has elapsed 13 The applIcant shall indemmfy, defend and hold harmless City, ItS officers, agents and employces (collectIvely "the City" herem after) from any and all claIms and losses whatsoever occurrmg or resultmg to any and all persons, firms, or corporatIOns furnishmg or supplymg work, servICes, materIals, or supplIes m connectIOn With the performance of the use permitted hereby or the exercise of the rights granted herem, and any and all claIms, lawsUits or actions ansmg from the grantmg of or the exerCise of the rights permitted by this Conditional Use PermIt, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, inJury or death arlsmg out of or connected WIth the performance of the use permItted hereby. Applicant's obhgation to indemmfy, defend and hold harmless the CIty as stated herein shall mclude, but not be lImited to, pa}'lng all fees and costs mcurred by legal counsel of the City's choIce m representmg the CIty m connectIOn with any such claIms, losses, lawsUits or actions, expert witness fees, and any award of damages, judgments, verdIcts, court costs or attorneys' fees m any such lawsUit or action PASSED, APPROVED AND ADOPTED by the Planning CommIssion of the City of Seal Beach at a meetmg thereof held on the 9th day of August 2006 by the followmg vote AYES: Commissioners Deaton, Bello, Ladner, and O'Malley NOES Commissioners None ABSENT: CommIssioners Roberts da(h/ ,.an~n~) / 7 Ellery Deaton Chairperson, PlannIng CommissIon Lee WhIttenberg Secretary, Planning Commission **** 40f4