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HomeMy WebLinkAboutPC Res 99-13 - 1999-05-05 , . . . RESOLUTION NUMBER 99-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF 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 I On April 8, 1999 Bo Song submitted an application on behalf of Champs Grill for the indefinite extension of CUP 98-8 with the Department of Development Services Specifically, the applicant is proposmg the indefinite extension of a previously approved drive-through window in conjunction with an existmg restaurant located at 12161 Seal Beach Boulevard, Seal Beach (Champs Gnll) Section 2 Pursuant to ]4 CalIf Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GuidelInes, staff has determined as follows The application for CUP 98-8 (Indefinite Extension) is categorically exempt from review pursuant to the Cahfornia Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion of an existmg use, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a mmor alteration In a land use limitation and does not involve either a property in excess of 20% 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 sigmficant effect on the environment Section 3 A duly noticed public hearing was held before the Planning Commission on May 5, 1999 to consider the application for the indefinite extension of CUP No 98-8 At the public hearing the applicant spoke in favor ofthe request with no one speaking in opposition, Section 4 The record of the hearing on May 5, 1999 indicates the following' (a) On Aplil8, 1999 Bo Song submitted an application on behalf of Champs Grill for the indefinite extension CUP 98-8 with the Department of Development Services. (b) Specifically, the applicant is proposing the indefinite extension of an already approved conditional use penmt (CUP 98-8), an after-tile-fact approval ofa 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 shoppmg 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 ofthe intersection of Seal Beach Boulevard and Bradbury Road (e) The subject property contams an existing restaurant which has 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 (t) 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 Planmng Commission approved CUP 10-86 . . permitting the sale of beer and wine for on-premises consumption (h) In 1992 the City approved Building Permit No 7189 allowing an interior remodel of the subject restaurant Included in this approval the applicant added a drive- through window. At the time, planning staff either did not reahze 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 regardmg the proposed transfer ownership At that time staff became aware the drive-through window had never received a CUP and was not a preexisting use prior to 1991 (i) In 1998, the planning commission approved CUP 98-8, approving the after the fact drive through window in conjunction With a restaurant that serves alcohol (j) The surrounding land uses and zoning are as follows NORTH & SOUTH Retail commercial uses within the Rossmoor Business Center located in the General Commelcial zone (C-2) Located across Seal Beach Boulevard are single family residences within the City of Los Alamitos EAST WEST A multi-family residential complex located within the City of Los Alamitos (k) The City has received no comments, written or other, in response to its mailed and published public hearing notice regarding the indefinite extension of CUP 98-8 (I) Mike Sellers, Chief of Police, reviewed CUP 98-8 and had no concerns regarding the requested use No problems have been reported since CUP 98-8 was approved Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ** 28-1400, 28-1401, 28-2503 and 28-2504 of the City's ~, the Planning Commission hereby finds as follows (a) Staff inspected the site on April 19, 1999 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 and CUP 98-8, which approves the use of the drive through window (b) CondlltOnal Use Perlmt 98-8 (Indefinite extension) 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 Accordmgly, the proposed use remains consistent with the General Plan (c) Subject to the proposed conditions of approval, the proposed extension of the use of the property as a drive-through restaurant IS still 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 complamls, comments or concerns regarding the drive- through, as well as the presence ofa drive-through window at the nearby Carl's Jr. restaurant and drive-through teller at the Bank of America, staft' is not recommending any specific noise related conditions at this time (d) As no changes 10 the structure have been made, the existing structure, the style, height and bulk of the proposed struclure are consistent 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 apphcable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. Section 6 Based upon the foregomg, the Planning Commission hereby approves the indefinite extension of Conditional Use Permit 98-8, subject to the followmg conditions 1 CUP # 98-8 (Indefinite extension) is approved for a drive-through restaurant at 12161 Seal Beach Boulevard, Seal Beach 2 The applicant shall remam bound by all conditions of the approvals of CUP 10-86 & CUP 98-8 3 No alcoholic beverages may be sold through the drive-through window Per the requirements of CUP 10-86 all alcoholic 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 listmg of alcohohc 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 9 00 P.M. 8 Litter and trash receptacles shall be located at convement locations inside and outside the establishment, and the operator of the estabhshment 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 1000 P M and 7 00 AM 9 The applicant will prominently display these conditions of approval in a location withm 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 of this Conditional Use Penmt shall be obtained when a The establishment proposes to modify any of its current conditions ofapproval b. There is a substantial change in the mode or character of operations of the estabhshment. 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 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 . . 13. The term of this permit shall be indefinite However, .fat 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 dnve-through privileges for the restaurant PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the Slh day of May 1999 by the following vote AYES. Commissioners Brown, Lyon, Cutuli, Hood, Larson NOES. Commissioners ABSENT' Commissioners R;&w Planning Commission e Whittenberg, Secretary lanning Commission