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Home My WebLink AboutPC Res 01-41 - 2001-10-03 RESOLUTION NUMBER 01-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH EXTENDING CUP NO. 98-6 IN CONNECTION WITH AN EXPANSION OF AN EXISTING RESTAURANT AT 12147 SEAL BEACH BOULEVARD, SEAL BEACH, AND MODIFYING A CONDITION OF APPRO V AL REQUIRING THE PROVISION OF A HANDICAPPED ACCESSIBLE BATHROOM. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 10, 200 I Charles Robinson submitted an application for CUP 98-6 (Indcfinitc Extension) of an existing land use entitlement for an alcohol-related land use at 12147 Scal Bcach Boulevard, Seal Beach (Yucatan Grill). In addition, the applicant has requested that Condition #1 (e) be rcmovcd. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ 11.B of the City's Local CEQA Guidelines, staff has dctcrmincd as follows: The application for CUP 98-6 (Indefinite Extension) is eategorically excmpt from review pursuant to the California Environmental Quality Aet pursuant to 14 Calif. Codc of Regs. S 15301 (Existing Uses), because it involves no expansion of an existing use; pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal, at most, involves a minor alteration in a land use limitation and docs not involve either a property in excess of 20% slope or a change in land use or density; and finally, pursuant to ~ 1506 I (b )(3), because it can be seen with certainty that there is no possibility that the approval may have a significant etlcct on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on September 19, 2001 to consider thc application for CUP No. 98-6 (Indefinite .Extension). At the public hearing the applicant spoke in favor of the rcqucst with no one speaking in opposition. Section 4. The record of thc hcaring on September 19, 2001 indicates the following: (a) On August 10,2001 Charles Robinson submitted an application for CUP 98-6 (Indcfinite Extension) of an existing land use entitlement for an alcohol-related land use at 12147 Scal Bcach Boulevard, Seal Beach (Yucatan Grill). (b) Additionally, the applicant is proposing to amend a condition of approval. Specifically, the applicant is applying to have Condition #1 (e) removed, which would require the construction of a handicapped accessible bathroom, due to uncertainty as to the long tel111 viability of his lcase at that loeation. (c) The subject property is located within the Rossmoor Business Center, the City's largest commercial shopping center. (d) The subject property is legally described as Orange County Assessor's parcel number 086-492-32, and is located on the westerly side of Scal Beach Boulevard approximately 330 feet south of the center ofthe intersection of Seal Beach Boulcvard tmd Bradbury Road. C \My Documenls\RESO\CUP 98-6 ('\-ucaldn GnU Indolimte Exton""n), PC Rc..u duc\LW\09-25-01 Planning CommisslOll Resolution No 01-4/ Conditiollal Use Permit 98-6 /2/47 Seal Beach Boulevard, Yucatall Grill October 3, 200/ (c) The subject property contains 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 propeJ.ty. (f) The restaurant is a full service restaurant serving Central American CUisme. The restaurant sells an assortmcnt of non-alcoholic beverages as well as beer and wine. (g) The surrounding land uses and zoning are as follows: NORTH & SOUTH EAST Retail commercial uses within the Rossmoor Business Center located in the General Commercial zone (C-2). Located across Seal Beach Boulevard are single family residences within the City of Los Alamitos. A multi-family residential complex located within the City of Los Alamitos. WEST (h) Captain John Schaeffer of the Seal Beach Police Department has reviewed the requested CUP and has no concerns regarding the request. 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 Codc, the Planning Commission hereby finds as follows: (a) Extending Conditional Use Permit 98-6 is consistent with thc provisions of the Land Use Elcment of the City's General Plan, which provides a "general commercial" designation for the subject propclty and pennits restaurants and drive-in restaurants subject to the issuance of a conditional use permit. The use is also consIstent with the remaining clements of the City's General Plan as the policies of those clements 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 12147 Seal Beach Boulcvard arc adequate in size, shape, topography and location to meet the needs of the use of the property. (c) There have not been any reported probleJ.ns with the subject 'property or business. (d) The uncertainty surrounding the long term viability of the location places an undue hardship on the applicant in attempting to comply with Condition #1 (e) of the approval of CUP 98-6 (Planning Commission Resolution. That conditIon mandated that a handicapped restroom be put installed. Tn that the owners of the property may demolish the shopping center, the Commission is willing to dcfcr completion of that condition for a year to provide the applicant additIonal time to ascertain the owner's plans. Section 6. Based upon the foregoing, the Planning Commission hereby extends Conditional Use Permit 98-6 up to and including November 1, 2002, subject to the following conditions: 1. Condition l(e) of Planning Commission Resolution 97-15 is hereby amended to read as follows: "If the property owner extends the lease of Yucatan Grill, at its current location, prior to October I, 2002, the applicant shall immediatcly notify the City of the new term of the lease and shall apply for all necessary penn its to install a handicapped accessible ADA compliant bathroom." 2. This cxtension of the entitlement to use the outdoor area shall expire on November 1, 2002, unless the applicant has filed an application for an extension of CUP 98-6 by CUI' 98-6 (Yue"llln GI1I1 IndefinIte ExtenslOu), PC Reso 2 Planning Commission ResolutIOn No 01-41 ConditIOnal Ufle Permi/ 98-6 12147 Seal Beach Boulevard, YIlc:a/an Grill Octobed,2001 October 10, 2002. After conducting a duly noticed hcaring, the Commission shall have thc discrction to approve, deny or conditionally approvc thc request to continue to use the outdoor area. The Commission hereby retains the jurisdiction to require the applicant to install a handicapped accessibly ADA compliant bathroom as a condition of approval. 3. All other conditions set forth in CUP 97-1 (Planning Commission Rcsolution No. 97-15) and CUP 98-6 (Planning Commission Resolution No. 98-12) shall remain in full force and effect. 4. This Conditional Use Pcnnit shall not become effective for any purposc unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the prcsencc of the Director of Development Serviccs, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of October , 2001 by the 'following vote: AYES: Commissioners Brown, Cutuli, Hood and Sharp NOES: Commissioners ABSENT: Commissioncrs Ladner ABSTAIN: Commissioners ce Whittenberg, Secretary Planning Commission CUP 98-6 ("ucalan Gnlllndelimle EAlen.ion), PC Reso 3