HomeMy WebLinkAboutPC Res 00-26 - 2000-08-23
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Resolution 00-26
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RESOLUTION NO. 00-26
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CONDITIONAL USE
PERMIT 00-7, PERMITTING THE PROPERTY LOCATED AT
141 MAIN ST. TO OPERATE A WALK UPffAKE OUT
RESTAURANT (ICE CREAM STAND) WITHIN THE MAIN
ST. SPECIFIC PLAN AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On July 12, 2000, Bob Griffith ("The Applicant") submitted an
application for Conditional Use Permit 00-7 with the Department of Development Services. The
applicant sought the ability to operate a walk up/take out restaurant on the property located at
141 Main S1.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ n.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Conditional
Use Permit 00-7 is categorically exempt from review pursuant ~ 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 hearing was held before the Planning Commission
on August 13,2000 to consider Conditional Use Permit 00-7.
Section 4.
The record of the hearing indicates the following:
(a) On July 12, 2000, Bob Griffith submitted an application for
Conditional Use Permit 00-7.
(b) Specifically, the applicant is seeking to operate a walk up/take out
restaurant at the property located at 141 Main St.
(c) The subject property is described as Orange County Assessor's
Parcel Number 199-034-03 and is located Main Street Specific Plan zone of Old Town.
(d) The surrounding land uses and zoning are as follows:
North & South
Retail businesses along Main St. within the Main Street Specific Plan
Zone
East
Retail businesses within the Main St. Specific Plan zone and residential
housing in a Residential High Density (RHO) zone
West
Residential housing a High density (RHO) zone
({) Staff has received no responses, written or other, to its mailed
notice regarding Conditional Use Permit 00-7.
Section 5. Based upon the evidence in the record, including the facts stated in
~ 4 of this resolution and pursuant to ~ 28-1250 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Conditional Use Permit 00-7 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "Main St. Specific
Plan" designation for the subject property. 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.
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(b) The building and property at 141 Main St. are adequate in size, shape,
topography and location to meet the needs of the proposed use of the property
and addition.
Section 6. Based on the foregoing, the Planning Commission hereby approves
Conditional Use Permit 00-7, subject to the folJowing conditions:
I. CUP No. 00-7 is approved for the operation of a Walk upffake out restaurant (Ice Cream
Stand) at 141 Main St.
2. The hours of operation of the Ice Cream Stand shall be 8 AM to 10 PM Sunday through
Thursday and 8 AM to 11 PM Friday and Saturday, as per the Main St. Specific Plan.
3. 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.
4. The sidewalks in front of the business establishment shall be maintained in a neat and
clean manner by the proprietor.
5. A modification of this CUP shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of the property.
6. The Planning Commission reserves the right to revoke or modify this CUP pursuant to
Articles 25 and 28 of The Code of the Citv 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.
7. This CUP shalJ become null and void unless exercised within one (I) 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.
8. The term of this permit shall be twelve (12) months, beginning the first day of operation
of the ice cream stand. At the end of the initial term, the applicant may apply to the City
for 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 23rd Day of August, 2000, by the following vote:
AYES: Commissioners
Hood, Brown, Cutuli, Sharp, Lyon
NOES: Commissioners
ABSENT: Commissioners
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David Hood, Ph.D., Chairman
Planning Commission
ee Whittenberg, Secretary
Planning Commission