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HomeMy WebLinkAboutPC Res 01-50 - 2001-12-05 Plamllflg Commission ResolullOn 01-50 CUP 01-15 RESOLUTION NUMBER 01-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 01-15, APPROVING AN OUTDOOR FOOD SERVICE IN CONJUNCTION WITH A RESTAURANT BUSINESS (PICK UP STIX) AT 12430 SEAL BEACH BOULEVARD, (OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 31, 2001, Stcvc Yackcl for Pick Up Stix. (the "Applicant") filed an application with thc Department of Development Services for Conditional Use Permit 01-15. A conditional use permit is required to allow for the provision of outdoor scating for a rcstaurant business (Pick Up Stix) at 12430 Seal Beach Boulevard. Section 2. Pursuant to 14 Cali!: Code of Regs. ~ 15025(a) and ~~ IT.C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmcntal Impact Report (DEIR), to study the environmental impacts arising from the proposcd Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a Final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. Aller the public hearing, the Planning Commission fOllild, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Developmcnt Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, ccrtitying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of ovcrriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticcd public hearing was scheduled before the Planning Commission on Dcccmbcr 5, 2001, to consider the application for Conditional Use Permit 01-15. Section 4. The record of the hearing of December 5, 2001 indicates the following: (a) On October 31, 2001, Stcvc Yackel (the "Applicant") filed an application with the Departmcnt of Dcvclopment Services for Conditional Use Permit 01-15. (b) A conditional use permit is required to allow for the provision of outdoor seating for a restaurant business (Pick Up Stix) at 12430 Seal Beach Boulevard. (c) The applicant is proposing to providc a maximum of 48 outdoor seats in conjunction with a new restaurant busincss, on property located on the east side of Seal Beach Boulevard, in what is commonly referrcd to as thc "Bixby Old Ranch Towne Center." Plannmg CommISSIOn Resolution 01-50 CUP 0/-/5 (d) The proposed development is located in the General Commercial (C-2) zone within the Old Ranch Towne Center, a 26.045-acre commercial shopping center site located at the northeast corner of Seal Beach Boulevard and St. Cloud. (e) The commercial shopping center includes 286,967 square feet of retail commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscaping. The center is currently being developed. Major tenants within the shopping center includc: Targct; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands Restaurant. (1) Surrounding land uses and zoning are as follows: North, South & East - remaining portions of Old Ranch Towne Center in the General Commercial (C-2) zone. West - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the City of Seal Beach. (g) The City Council has approved requests by the Bixby Ranch Company for General Plan amendmcnts, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses of land set forth in this application. (h) The proposed development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height, landscaping, and parking requirements Section 5. Based upon thc facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: (a) CUP No. 01-15 is consistent with the provisions of the Land Use Element of the City's General Plan, which providcs a "general commercial" designation for the subject property and permits thc outdoor food service areas subject to the issuance of a Conditional Use Pcrmit. The use is also consistent with the remaining elements ofthe 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. (b) The building and property at the subject site of the Old Ranch Towne Center are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Ibe entire shopping center is approximately 25 acres in area and is currently being developed. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands Restaurant. The proposed development plan complies with all City standards regarding minimum lot siL:e, building setbacks, lot coverage, building height, landscaping, and parking requirements. (c) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. (d) The nearest homes to the requested outdoor seating area are to the southwest and northeast of the shopping center, in excess of 500 feet in either direction. Given the nature of the outdoor seating area and the orientation of the seating area away from the residential development and the distance to existing residential areas, the proposed outdoor :.eating area is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate any negative impacts to ncighboring residential properties. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 01-15, subject to the following conditions: PlQ/mmg CommISSIon Reso/ution 0/-50 CUP 0/-/5 1. Conditional Use Permit 0]-]5 at 12430 Scal Bcach Boulevard is approved for an outdoor food service area, with a maximum of 20 outdoor seats at tive separate 4-person tables located adjacent to thc storefront, on the south side of the building. 2. Maintain a minimum of a 5-foot clear pedestrian path between the proposed exterior seats and tables and any adjacent structure columns, drive isle, or parking lot. 3. App]icant must provide a minimum 42" high guard rail around outdoor seating area. 4. The applicant will prominently display these Conditions of Approval in a location within thc busincsscs' customer area that is acceptable to the Director of Development Services. 5. In thc cvent stafi'detennines security problems exist on the site, the Conditions of this pennit may be amended, under the procedures of The Code of the Citv of Sea] Beach, to require the provision of additional security measures. 6. A modification of this Conditional Use Pemlit shall be applied for when: a. The establishment proposes to change the type, number or gcncral location of the outdoor seating area. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the estab]ishmcnt. 7. This Conditional Use Pennit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" fonn has been signed by the applicant in the presence of the Director of Development Services, or notarized and rcturncd to the Planning Department; and until the ten (10) calendar-day appeal period has clapscd. 8. The hours of operation shall be 11 :00 AM to 9 P.M. daily. 9. In the event staff determines security problems exist on thc site, the conditions of this pennit may be amended, under the procedures of the Scal Beach Municipal Code, to require the provision of additional security mcasures. 10. The establishment shall have a public telephone listing. 11. Litter and trash rcccptacles shall be located at convenienllocations inside and outside the establishmcnt, and operators of such establishments shall remove trash and debris on an appropriatc basis so as not to cause a health problem. There shall be no dumping oftrash and/or glass bottles outside the establishment between the hours of] 0:00 P.M. and 7:00 A.M 12. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of timc as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Devc]opmcnt Services a minimum of ninety (90) days prior to such cxpiration date. 13. There shall be no live entertainment, amplified music, or dancing pennitted on the premises at any time, unless specifically authorized by a conditional use pennit issued by the City and unless such uses are consistent with the license conditions imposcd by the State of California Department of Alcoholic Beverage Control 14. The proposed facility shall comply with Chapter 13D, "Noise Control", ofthe Code of the City of Seal Beach as the regulations ofthat Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration , . Planlllllg CommissIOn ResolutlOll 01-50 CUP 01-15 and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 15. The term of this permit shall be twelve (12) months. At the end of the initial tenn, the applicant may apply to the City for an extension of Conditional Use Permit 01-15. The Planning Commission may grant an indefinite extension 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 an indefinite pemlit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of December, 200 I, by the following vote: AYES: Commissioners Hood, Cutuli, Brown, Sharp, Ladner NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners g Commission ee Whittenberg Secretary of the Planning Commission