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HomeMy WebLinkAboutPC Res 02-16 - 2002-03-20 ORlG"'" " i '.1 \L RESOLUTION NUMBER 02-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 02-7, APPROVING AN OUTDOOR FOOD SERVICE AREA IN CONJUNCTION WITH A RESTAURANT (HOT OFF THE GRILL) AT 12800 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 19, 2002 Brad Becker for Seal Beach Land Partners (the "Applicant") filed an application with the Dcpartment of Development Services for Conditional Usc Permit 02-7. A conditional use permit is required to allow for the provision of outdoor seating for a restaurant business (Hot Off The Grill) at 12800 Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. * 15025(a) and ~~ H.C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental 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 eommcnt 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 Plmming 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 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, certifying the Final EIR and adoptmg 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 Supcrior 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 noticed public hearing was scheduled before the Planning Commission on March 20,2002, to consider the application for Conditional Use Pennit 02-7. Section 4. The record of the hearing of March 20, 2002 indicates the following: (a) On February 19, 2002, Brad Becker for Seal Beach Land Partners (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 02-7. (b) A conditional use pennit is required to allow for the provision of outdoor seating for a restaurant business (Hot Off The Grill) at 12800 Seal Beach Boulevard. (c) The applicant is proposing to provide a maximum of 32 outdoor seats in conjunction with a restaurant business, on property located on the east side of Seal Beach Boulevard at Lampson Avenue. (d) The proposed development is located in the General Commercial (C-2) zone within a 3-acre commercial shopping center site located at the southeast comer of Seal Beach Boulevard and Lampson Avenue. Resolution #02-16 CUP 02-7 Hot Off The GnU (e) Surrounding land uses and zoning arc as follows: North - Bixby Old Ranch County Club & Golf Course South - Recently approved and under construction Ayres Hotel & 405 Freeway East - Recently approved Sunrise Senior Care Facility West - across Seal Beach Boulevard, in the Bixby Office Park Specific Plan zone is the Bixby Office Park office buildings and Spaghettmi's restaurant. (t) The City Council has approved requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform thc General Plan land use designations and zoning of the subject area to eontonn to the proposed uses ofland set forth in this application. (g) 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 94 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: o CUP No. 02-7 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "gencral commercial" designation for the subject property and pennits outdoor food service areas subject to the issuance of a Conditional Use Pennit. The use is also consistent with the remaining clements of the City's General Plan as the policies of those clcments are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. o The building and property at the subject site are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. o Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. o The nearest homes to the requested outdoor seating area are to west of the shopping center, in excess of 500 feet. 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 seating 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 neighboring residential properties. o The number of provided parking spaccs within the shopping center is 26 spaces in excess of the city standards, inclusive of the proposed additional square footage for outdoor dining. The total required parking for the shopping center is 122 spaces; there are a total of 148 parking spaces provided. As such, the proposed use meets all on site parking requirements of the City. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Pennit 02-7, subject to the following conditions: 1. Conditional Use Pennit 02-7 at 12800 Seal Beach Boulevard is approved for an outdoor food service area, with a maximum of 32 outdoor seats at 8 separate two person tables, 5 separate three person tables, and I scparate four person table located adjacent to the storefront, on the cast side of the building. 2 Resolution #02-16 CUP 02- 7 Hot Off The GnU 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. The applicant will promincntly display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Director of Developmcnt Services. 4. In the event staff 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 Seal Beach, to require the provision of additional security measures. 5. A modificatlOn of this Conditional Use Permit shall be applied for when: (a) The establishment proposes to change the type, numbcr or gcneralloeatlOn of the outdoor seating area. (b) The establishment proposes to modify any of its eunent Conditions of Approval. (c) There is a substantial change in the mode or character of operations of the establishment. 6. This Conditional Use Permit shall not become effective for any purpose unlessluntil a City "Acceptance of Conditions" fonn has been signed by the applicant in the presence of the Dircetor of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 7. The hours of operation shall be 11:00 AM to 11 P.M. daily. 8. In the event staff determines security problems cxist on the site, the conditions of this permit may be amcndcd, under the procedures of the Seal Beach Municioal Code, to require the provision of additional security measures. 9. The establishment shall have a public telephone listing. 10. Litter and trash receptacles shall be 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 become null and void unless exercised within one (I) year of the datc 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. 12. There shall be no live entertainment, amplified music, or dancing pennitted on the premises at any time, unless specifically authorized by a conditional use permit issued by the City and unless such uses are consistent with the license conditions Imposed by the State of California Departmcnt of Alcoholic Beverage Control 13. The proposed facility shall comply with Chapter l3D, "Noise Control", of the Code of the City of Seal Beach as tlle regulations of that Chapter now exist or may hereafter bc amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject pennit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 14. The applicant shall indemnify, defend and hold hannless City, its officers, agents and employees (collectIvely "the City" hereinafter) from any and all claims and losses whatsocver occulTing or resulting to any and all persons, finns, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of 3 Resolution #02-16 CUP 02-7 Hot OffThc Grill the use permitted hereby or the exercise of the rights !,rranted herein, and any and all claims, lawsuits or actions arising from lhe 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, finn, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fccs, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 15. The term of this permit shall be twelve (12) months. At the end of the initial term, the applicant may apply to lhe City for an extension of Conditional Use Permit 02-5. 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 pennit. PASSED, APPROVED AND ADOPTED by the Planning Commission of lhe City of Seal Beach at a meeting thereofheld on the 20th day of March, 2002, by the following vote: AYES: Commissioners Sharp, Cutuli, Brown NOES: Commissioners ABSENT: Commissioners Hood, Ladner ABSTAIN: Commissioners 4