HomeMy WebLinkAboutPC Res 99-07 - 1999-07-07
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RESOLUTION NUMBER 99-7
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 99-3,
ALLOWING FOR THE CREATION OF A
FULLY ENCLOSED, UNCOVERED 300
SQUARE FOOT OUTDOOR DINING AREA
TOWARDS THE REAR OF THE EXISTING
RESTAURANT STRUCTURE (O'MALLEY'S
ON MAIN) AT 140 MAIN STREET, SEAL
BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On March 9, 1999, Brian Kyle (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 99-
3 for the creation of a fully enclosed, uncovered 300 square foot outdoor dining area
towards the rear of the existing restaurant structure (O'Malley's on Main). The outdoor
dining area will be located between the restaurant and an existing detached two-car
garage/apartment above structure at 140 Main Street, Seal Beach On April 7, 1999, the
Planning Commission considered a request to approve the requested outdoor dining area
and not provide the additional parking, but impose the permitted In-Lieu Parking Fee in
accordance with Section 28-1256, In-Lieu Parking ProJp"am. The Planning Commission
determined to deny the request and considered the adoption of Planning Commission
Resolution 99-7, setting forth the reasons for the denial of the application, on April 21,
1999. At that meeting, after discussion among the Commission and the applicant, the
Commission determined to continue this matter to May 19, 1999, instruct staff to re-
notice the matter for public hearing, and allow the applicant to provide additional
information regarding the provision of the required 3 parking spaces. This action was
approved on a 5-0 vote of the Commission. As the applicant was not prepared to submit
a revised project application, the matter was continued to July 7, 1999.
Section 2. Pursuant to 14 California Code of Regulations fi15305 and
fill(B) of the City's Local CEQA Guidelines, staff has determined as follows the
application for CUP 99-3 for the proposed interior remodeling is categorically exempt
from review pursuant to the California Environmental Quality Act pursuant to 14
California Code of Regulations fi15301 (Minor Alterations in Land Use Limitations),
because the proposal involves a negligible expansion of an existing use, pursuant to
filS30S (Minor Alterations in Land Use Limitations), because the proposal involves a
minor alteration in 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, the proposed outdoor dining area was
considered as part of Negative Declaration 96-2, evaluating the environmental impacts of
the Main Street Specific Plan.
Section 3. A duly noticed public hearing was held before the Planning
Commission on July 7, 1999, to consider the application for CUP 99-3 Written and oral
evidence was submitted by persons speaking for and against the project.
Section 4
The record of the hearing of July 7, 1999 indicates the
following
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(a) On March 9, 1999 Brian Kyle submitted an application for CUP
99-3 with the Department of Development Services and with the consent of the Planning
Commission the application was modified to include the provision of leased parking
spaces at 138 Eighth Street to provide the required off-street parking
c.\My Doeum....\RESOICUP 99-3 PC RelO doell. WI07-07.99
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Plannmg Commisston Resolutron No 99-7
Candttronal Use Penttlt 99-3
J 40 Mom Street - 0 'Malley's 011 Mom
July 7, J 999
(b) Specifically, the applicant is proposing to create a 300 square foot
outdoor dining area towards the rear of the existing restaurant and lease three parking
spaces at 138 Eighth Street (Grace Community Church) to provide the required off-street
parking for the proposed outdoor dining area in accordance with the provisions of Section
28-1254.3 of the Code of the City of Seal Beach.
(c) The subject property contains approximately 5,875 square feet,
including the adjacent business at 138 Main Street and the existing detached two-car
garage/apartment above structure at the rear of the property. The property is located on
the east side of Main Street approximately 100 feet south of Central Avenue, within the
Main Street Specific Plan Zone
(d) The property proposed to be utilized for the required three off-
street parking spaces is located at 138 Eighth Street, in the Residential High Density
(RHO) zone. This property is developed with Grace Community Church and includes 13
off-street parking spaces.
(e) The subject property is legally described as Orange County
assessor's parcel number 199-044-32.
(f) The subject property contains an existing restaurant (O'Malley's
on Main, approximately 3,512 square feet in area) that has been in operation for
approximately one year. Previously, Hennessey's Tavern operated as a restaurant use at
the site for approximately 14 years.
(g) The proposed restaurant is a full service restaurant that sells an
assortment of non-alcoholic beverages as well as beer, wine and distilled spirits.
(h) The City has granted the following approvals for the property
. Variance 84-14 for a reduction of required number of parking spaces.
. Conditional Use Permit 84-18 for the on-site sale ofalcoholic beverages
(i) The subject property is legally nonconforming due to inadequate
parking The property is three (3) spaces deficient (based on the proposed expansion)
and the applicant is proposing to provide the required number of off-street parking spaces
within 300 feet, in accordance with the provisions of Section 28-1254.3
(j) The surrounding land uses and zoning are as follows:
NORTH, SOUTH Commercial business along Main Street, in
the Main
AND WEST Street Specific Plan (MSSP) Zone.
EAST Various residential developments of single-
family and multiple family, in the
Residential High Density (RHO) Zone
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 makes the following findings'
a. Conditional Use Permit 99-3 is consistent with the provisions of
the Land Use Element of the City's General Plan, which provides a "Main Street Specific
Plan" zoning designation for the subject property and permits restaurants serving
alcoholic beverages subject to the issuance of a conditional use permit. The proposed
conditional use permit to add a 300 square foot enclosed, but uncovered patio to the
existing restaurant, and provide the required parking spaces within 300 feet of the subject
property in accordance with the provisions of Section 28-12543 The use is also
consistent with the remaining elements of the City's General Plan, as the policies of those
CUP 99.] PC Reoo
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Planmng Commtsslon Resolullon No 99-7
CondItIonal Use PermIt 99-3
140 Marn Street - 0 'Malley's 011 Marn
July 7, 1999
elements are consistent with, and reflected in, the Land Use Element. Accordingly, the
proposed use is consistent with the General Plan.
b The proposed outdoor dining area is consistent with surrounding
residential and commercial uses, in that a restaurant has been in operation at the site for
several years. In this case the outdoor area is located centrally within the property, and is
not directly visible or accessible from Main Street In addition, the existing restaurant
building, the existing 2-story carport/apartment structure and the existing wall along the
southerly side of the outdoor patio area provide additional sound screening from the
adjoining residential area to the east In addition, the owner has installed a one-way
emergency door so that patrons can exit though the alley if necessary, but must use the
entrance from Main Street to enter the restaurant and the proposed outdoor dining area
c The building and property at 140 Main Street are adequate in size,
shape, topography and location to meet the needs of the proposed use of the property and
the proposed outdoor dining area, in that a restaurant has been in operation at the site for
several years. To address the concerns of the Planning Commission, the applicant has
entered into an agreement to provide 3 parking spaces at 138 Eighth Street (Grace
Community Church). The rear property line of this property is within 250 feet of the
subject property, in compliance with the requirements of Section 28-1254.3.b of the
!&Wl
d Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 99-3, subject to the following conditions
1. CUP No. 99-3 is approved for the construction of a 300 square foot outdoor
dining area that is enclosed with a maximum seating capacity of 18 persons, but
uncovered in conjunction with the existing restaurant located at 140 Main Street,
Seal Beach.
2. The applicant remains bound by all the conditions of Conditional Use Permit 84-
18 and Variance 84-14.
3. Prior to issuance of an occupancy permit for the outdoor patio area, the applicant
shall record a covenant, in a form acceptable to the City Attorney, on the title of
the properties which stipulates that a minimum of five tandem parking spaces at
136, 136~ Main Street are provided for restaurant use of 138~ 140 Main Street,
and that such parking area is to be signed as "parking" for the subject restaurant
establishment.
4. Prior to issuance of an occupancy permit for the outdoor patio area, the applicant
will be required to provide an agreement in a form acceptable to the City Attorney
for the provision of 3 signed parking spaces at 138 Eighth Street (Grace
Community Church) Said agreement shall stipulate that the City be notified at
such time said agreement is terminated, and that upon termination of said
agreement, all rights to utilize the outdoor patio area as a food service area shall
cease.
S. Prior to issuance of an occupancy permit for the outdoor patio area, applicant
shall establish a "Parking Utilization Program" in a form and manner acceptable
to the Director of Development Services to ensure the leased parking spaces at
138 Eighth Street are utilized by employees on a verifiable, regular and
continuing basis. Said program to include a mechanism for City staff to verify
utilization of said parking spaces by employee's of the applicant's business
Failure to comply with said "Parking Utilization Program" shall be grounds for
consideration by the Planning Commission for revocation of this Conditional Use
Permit.
CUP 99.] PC Reoo
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Plannmg Commisston Reso/uhon No 99-7
Colldtttonal Use Perm.t 99-3
140 Mam Street - 0 'Malley's 011 Mam
July 7, J 999
Prior to the issuance of an occupancy permit for the outdoor patio area, the
applicant shall remove all storage cabinets within the existing two-car carport
structure at the rear of the subject property to provide parking spaces the full
depth of the existing garage structure.
Prior to the issuance of an occupancy permit for the outdoor patio area, the
applicant shall enter into an agreement with the City of Seal Beach, in a form
acceptable to the City Attorney, to provide a "grease trap" in compliance with the
provisions of the City-adopted version of the Uniform Plumbing Code Said
grease trap to be installed within 24-months of the issuance of the occupancy
permit for the outdoor dining area
The hours of patio use shall be from 7:00 a.m. to 1:30 am, with all food and
drink service to the outdoor patio area ceasing at 11:00 p.m, daily.
No video games or similar amusements shall be permitted on the premises unless
a separate conditional use permit is approved for that use.
10.
Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments 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
hours of 10:00 p m. and 7:00 am
11.
In the event staff determines security problems exist on the site, the Conditions of
this permit may be amended, under the procedures of The Code of the Citv of
Seal Beacb, to require the provisions ofadditional security measures
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There shall be no live entertainment, amplified music, or dancing permitted
within the outdoor dining area at any time
13.
The establishment shall comply with Chapter 13D, ''Noise Control", of The Code
of the City of Seal Beach as the regulations of that Chapter now exist or may
hereafter 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 applicant/operator to
mitigate the noise level to comply with the provisions of Chapter 13D.
14.
This CUP shall not become effective for any purpose unless/until a City
"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) calendar-day appeal period has
elapsed.
15
A modification of this CUP shall be applied for when:
. The establishment proposes to modify any of its current Conditions of
Approval.
. There is a substantial change in the mode or character of operations of the
establishment.
16 The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or
retail-related problems are demonstrated to occur as a result of criminal or anti-
social behavior, including but not limited to the congregation of minors, violence,
public drunkenness, vandalism, solicitation and/or litter
17. Whenever the outdoor dining area is being utilized for the sale, service or
consumption of alcoholic beverages, an employee of the restaurant shall be in
CUP 99-3 PC Reoo
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Plannmg CommISSIon Resolution No 99-7
Condttlonal Use PermIt 99-3
140 Mom Street - 0 'Malley s on Mom
July 7, 1999
attendance. He/she must maintain continuous supervision at all times to ensure
the outdoor dining area does not create a public nuisance contrary to public
welfare and morals.
18. All alcoholic beverages served in the outdoor dining area must be served in glass
containers; none may be served in bottles.
19. No ingress shall be permitted to the outdoor dining area, except through the
interior of the restaurant.
20. This CUP shall become null and void unless exercised within one (1) 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.
21 The term of this permit shall be six (6) months, beginning the first day of
operation of the new restaurant. At the end ofthe initial term, the applicant may
apply to the City for a twelve (12) month extension, and finally, an indefinite
extension The Planning Commission may grant an extension as discussed above,
provided that all Conditions of Approval have been met and no significant 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 any extensions.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 71h day of July 1999, by
the following vote'
AYES. Commissioners
Cutull, Hood, Larson, Lyon and Chairman Brown
NOES: Commissioners
None
ABSENT Commissioners None
B~~ .It ~
Chairman of the Planning Commission
_ e Whittenberg
Secretary of the Planning CommiSSIon
CUP 99-3 PC Reso
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