Loading...
HomeMy WebLinkAboutPC Res 02-13 - 2002-03-20 Resolution #02-13 CUP 02-5 Togo's @Bixby RESOLUTION NUMBER 02-13 Gr\ivd~l-\L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 02-5, APPROVING AN OUTDOOR FOOD SERVICE IN CONJUNCTION WITH A RESTAURANT BUSINESS (TOGO'S) 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 February 13, 2002 Van Morgan Eateries, (the "Applicant") filcd an application with the Department of Development Services for Conditional Use Pennit 02-5. A conditional use permit is required to allow for the provision of outdoor seating for a restaurant business (Togo's) at 12430 Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. 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 Environmental Impact Report (DErR), to study thc environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was circulated for public revicw 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 Rcport was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adcquatc 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, certifying 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 overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. Thc approval of this resolution is within the scope of the project analyzcd in the Final EIR, as revised, and City Council Resolution No. 4728 is hcreby incorporated by this reference. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on March 20, 2002, to considcr thc application for Conditional Use Pennit 02-5. Section 4. The record of the hearing of March 20, 2002 indicates the following: (a) On February 13, 2002, Van Morgan Eatcries (the "Applicant") filed an application with the Department of Development Services for Conditional Use Pennit 02-5. (b) A conditional use pennit is required to allow for the provision of outdoor seating for a restaurant business (Togo's) at 12430 Seal Beach Boulevard. Resolution #02-13 CUP 02-5 Togo's @Bixby (c) The applicant is proposing to provide a maximum of 19 outdoor seat" in conjunction with a new restaurant business, on property located on the east side of Seal Beach Boulevard, in what is commonly referred to as thc "Bixby Old Ranch Towne Center." (d) The proposed development is located in thc General Commercial (C-2) zone within the Old Ranch Towne Center, a 26.045-acre commercial shopping center site located at the northeast corncr of Scal Bcach Boulevard and St. Cloud. (e) Thc commercial shopping center includes 286,967 square teet of retail commercial floor area scparated into numerous building pads, which includes an outdoor nursery service arca 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 thc shopping center include: Target; Bed, Bath & Bcyond; Ralph's Market; Sav-On Drugstore; Macaroni Grill Restaurant; and Islands Restaurant. (f) Surrounding land uses and zoning are as follows: North, South & East - remaining portions of Old Ranch Towne Center in the Gencral Commercial (C-2) zone. West - across Seal Beach Boulevard, in the Gcneral Commercial (C-2) zone is the Rossmoor Center development, in the City of Seal Beach. (g) The City Council has approvcd rcquests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to confonn the General Plan land use designations and zoning of the subjcct area to confonn to the proposed uses ofland 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 the facts contained in thc 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. 02-5 is consistent with the provisions of the Land Use Element of the City's General Plan, whieh provides a "general commercial" designation for the subject property and pennits the outdoor food scrviec areas subject to the issuance of a Conditional Use Pennit. The use is also consistent with the remaining elements of thc City's General Plan, as the policies of thosc clcments are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistcnt 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. The entire shopping center is approximately 25 acres in area and is currently being devcloped. Major tenants within the shopping center include: Target; Bed, Bath & Bcyond; Ralph's Market; Sav-On Drugstorc; Macaroni Grill Restaurant; and Islands Restaurant. The proposed development plan complies with all City standards 2 ResolUl1on #02-13 CUP 02-5 Togo's @Blxby regarding mInimUm lot size, building sctbacks, lot coverage, building height, landscaping, and parking requirements. (c) Required adherence to applicable building and fire codes ensure there will bc adcquate water supply and utilities for the proposed use. (d) The nearcst homcs to the requested outdoor seating area are to the southwest and northeast of the shopping center, in exccss of 500 feet in either directIon. Given the naturc of the outdoor seating area and thc orientation of the seating area away from the residential development and the distance to cxisting residential areas, the proposcd outdoor seating area is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by thc City of Seal Beach should mitigatc any negative impacts to neighboring residential properties. Section 6. Based upon the forcgoing, the Planning Commission hereby approves Conditional Usc Pcnnit 02-5, subject to the following conditions: 1. Conditional Use Pennit 02-5 at 12430 Seal Beach Boulevard is approved for an outdoor food service area, with a maximum of 19 outdoor seats at five separate 3- person tables and 1 separate 4 person table located adjacent to thc storcfront, on the east side of the building. 2. Maintain a minimum of a 5-foot elear pedestrian path betwccn the proposed exterior seats and tables and any adjacent structure columns, drivc isle, or parking lot. 3. Thc applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptablc to the Director of Development Services. 4. In the event staff determines sccurity problems exist on the site, the Conditions of this pcrmit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measurcs. 5. A modification of this Conditional Use Pennit shall be applied for when: a. The establishment proposes to change the typc, number or general location of the outdoor seating arca. 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 establishment. 6. This Conditional Usc Pennit shall not become effective for any purpose unless/until a City "Acceptancc of Conditions" fonn has been Signed by the applicant In the presence of the Director of Development Services, or notarized and rcturned to the Planning Department; and until the ten (10) calendar-day appeal period has elapscd. 7. Thc hours of operation shall be 11 :00 AM to II P.M. daily. 8. In the event staff determines security problcms exist on the site, the conditions of this pennit may bc amended, under the procedures of the Seal Beach Municinal Code, to require the provision of additional security mcasures. 9. The establishment shall have a public telephone listing. 3 Resolution #02-13 CUP 02-5 Togo's @Bixby 10. Litter and tmsh receptacles shall bc located at convenient locations inside and outside the establishment, and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 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 A.M 11. This Conditional Use Permit shall bccome null and void unless exercised within one (I) 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 Devclopmcnt Services a minimum of ninety (90) days prior to sueh expiration date. 12. There shall be no live entertainment, amplified music, or dancing permitted 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 imposed by the State of California Department of Alcoholic Beverage Control. 13. The proposed facility 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 noises generated by the facility, thc Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter l3D. 14. The tenn of this pennit shall be twelve (12) months. At the end of the initial tenn, the applicant may apply to the City for an extcnsion of Conditional Use Pennit 02-5. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant poliec 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 pennit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20lh day of March, 2002, by the following vote: AYES: Commissioners Sharp, Cutuli, Brown NOES: Commissioners ABSENT: Commissioners Hood, Ladner ABSTAIN: Commissioners lIn Sharp Vice-Chairman ofthe Planning Commission e ittenberg Secretary of the Planning Commission 4