HomeMy WebLinkAboutPC Res 01-28 - 2001-06-06
RESOLUTION NUMBER 01-28
A RESOLUTrON OF THE PLANNrNG
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDrTIONAL USE PERMrT NO.
01-6, A REQUEST TO ALLOW AN ENCLOSED
OUTDOOR EATING AREA AT 500 PACIFrC
COAST HIGHWAY, UNIT D107 (OSTER'S
DONUTS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Scction 1. On May 8, 2001, Jim Watson "The Applicant" submitted
an application for Variance 01-3 and Conditional Use Permit 01-6 with the Depal1ment
of Devclopment Scrviccs. Spccilically, the applicant is seeking to enclose an existing
outdoor area, creating a designated outside eating area at an existing donut shop located
in a shopping center which is currently underparked. The proposed outdoor seating area
would be approximately 230 square feet.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ll.A
of the City's Local CEQA Guidelines, stall' has determined as follows: The application
for Conditional Use Penn it No. 01-6 is categorieally exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs g 15305 (Minor
Alterations in Land Use Limitations) because the request is for a minor alteration in land
use limitations in an area with an average slope of less than 20% and no changes in land
use or density arc involvcd; and. pursuant to ~ 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 public hearing was hcld belorc the Planning
Commission on Junc 6, 2001 to eonsider the application for Variance No. 01-3 and
Conditional Use Permit 01-6. At the hearing the Planning Commission rcccived into
evidence all written and oral testimony prcscnted.
Section 4.
The record of the hearing on Junc 6, 2001 indicates the
following:
(a) On May 8, 2001, Jim Watson ("Thc Applicant") submitted an
application for Varianee 01-3 and Conditional Use Permit 01-6 with the Department of
Dcvclopmcnt Scrvices. Specifically, thc applicant is seeking to enclose an existing
outdoor arca, creating a designated outside cating area at an existing donut shop located
in a shopping ccnter which is cUlTcntly underparked. The proposed outdoor seating area
would be apPlOximately 230 square feet.
(b) The subjcct property is located at 500 Pacific Coast Highway.
Suite D1 07.
(c) Thc subjcct property is oddly shaped, with a land area of
approximately 3.5 acres. The Site contains approximately 267 shared parking spaces.
(d) The surrounding land uses and zoning are.as follows:
NORTH & WEST Residential Housing in a Residcntial Low Density
(RLD) zone
SOUTH
Residential I-lousing in a Residential High Density
(Rl-lD) zone
C ICLJI'ICUP 01-6 500 PCII (Osters DllIlIIls)ICUI' 01-6500 I'ClI (Osle.,., Donnl.) J'C Reso docILWI06-06-01
Plannmg CO""lIIssion ResolutIOn 0/-28
Con,b/ional Use PermIt 0/-6
500 Pacific Coast Hlghwuy (OMer'~ Donu/~)
.Jllne 6, 2001
EAST
Commercial Businesses in a General Commercial
(C-2) zonc
(e) In response to the mailed and published notice of this hearing staff
has received no responses, written or other, to this request.
Section 5. Based upon the facts contained in the record, including those
stated in g 4 of this resolution and pursuant to ~~ 28-2504 of the City's Code, the
Planning Commission hereby finds as follows:
(a) Conditional Use Permit 01-6 is consistcnt with the provisions of
the Land Usc Elemcnt ofthc City's General Plan. which provides a Geneml Commercial
zoning designation for the subject property and pennits semi-enclosed restaurants subjcct
to the issuance of a conditional usc 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 Elemcnt. Accordingly, the proposed use is consistent with
the General Plan.
(b) The building and property at 500-550 Pacific Coast Highway are
adequate in size, shape, topography and location to meet thc needs of the proposed use of
the property. The property is approximately 3.5 acres in area, and provides 267 on-site
parking spaces. In addition, on-street parking is permitted on two sides of thc shopping
center, including Marina Drive adjacent to thc subject business location.
(c) The subject property is eUlTcnUy Imderparked given the CUlTent
zoning code. However the request only generates an excess demand of 3 parking spaces.
Given the fact that this shopping center has approximately 267 parking spaces on site. the
excess demand created by 3 parking spaees will not have any noticeable effect on the
parking. In approving Variance 01-3, the Planning Commission considered evidence and
testimony presented by the owner of the shopping center, indicating that actual parking
utilization within the immediate vicinity of the subject property were between 31 % and
67% empty between the hOllrs of noon and 4:00 PM during a survey time period of
March 26 to April 3, 2001. FurUler, this particular business experiences most of its
business activity, not during the peak lunch and dinner dining hours. As such, it can be
seen that the granting of this conditional use permit will not adversely affect adjoining
uses or the sun'ounding neighborhood.
(d) The requested outdoor eating area is in conjunetion with an
existing donut shop, and is located approximately 300 feet from the nearest residential
use. Across Marina Drive from the subject business location is the Radisson Inn.
Section 6. llased upon the foregoing, the Planning Commission
hereby approves Conditional Use Pemlit Nu. 01-6, subject to thc following conditions:
I. CUP No. 01-6 is approved [or ereating u designated outside eating area at an
existing donut shop locoted in a shopping center. The proposed outdoor seating
orea would be approximately 230 square feet and is to be enelosed with a stucco
and Plexiglas wall system along Marina Drive.
2. All construction/tenant improvemcnts shall be in substuntiol compliance with the
plans approved through CUP 01-6.
3. The business operator shall provide suflicient outdoor waste receptacles to meet
the demand of customers utilizing the outdoor eating mea.
4. This CUP shall not become effective for any purpose lUllcss/until a City
"Aeceptance of Conditions" form has been signed by the applicant in tlle presence
of the Director of Dcvelopment Services, or notarized and returned to the
Planning Department; and until the ten (10) calendar-day oppeal period has
clapsed.
cur 01-6 soo rei I (OsIers Ool1l1ls) rc Rcso
2
-to .. .
P/tlllllll1g CommiSSIOn Resolution 01-28
CondilJOna/ Use Perm II 0/-6
500 PacIfic Coasl Highway (Osier's Donuls)
June 6,2001
5. A modification of this CUP shall bc applied for when:
a. The establishment proposes to modify any of its eurrent Conditions of
Approval.
b. There is a substantial change in the mode or eharaeter of operations of the
property.
6. 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 wrillen request for extension submitted to the
Department of Development Services a minimwll of ninety (90) days prior to
such expiration datc.
7. The teml of this penllit shall bc 12 months. At the end of the initial term, the
commission may grant an indefinite extension provided that all the conditions of
approval have been met and no significant police or other problems have
occurred. Thc applicant is hereby advised that a new application and
accompanying fee must be paid to the city prior to consideration of an indefinite
extension.
8. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or rcsulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permittcd hcreby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or propcrty lor da1Oage, injury or death arising out of or
connccted with the performancc of the use penllitted hereby. Applicant's
obligation to indemnitY, defend and hold harmless the City as stated hcrcin shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choiee ill representing thc City in eonnection with any such claims,
losses, lawsuits or actions, expel1 witness fees, and any award or damages.
judgmcnts, verdicts, court costs or allorneys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thcrcof held on the 6th day of June, 200 I by
the following vote:
AYES: Commissioners
Hood, Cutuli, Brown, Ladner, Sharp
NOES: Commissioners
ABSTAIN: Conmlissioners
ABSENT: Commissioncrs
DaVid Hood, Ph.D., Chai
Planning Commission
CUP 01-6 500 pcn (Oslel1> [)omit,) PC Re,o
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