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HomeMy WebLinkAboutPC Res 02-17 - 2002-03-20 ORIGINAL RESOLUTION NUMBER 02-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 02-8, APPROVING AN OUTDOOR FOOD SERVICE AREA IN CONJUNCTION WITH A RESTAURANT (BAJA FRESH) 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 Bccker for Seal Beach Land Partners (the "Applicant") filcd an application with the Department of Development Services for Conditional Use Pennit 02-8. A conditional use permit is required to allow for the provision of outdoor seating for a restaurant business (Baja Fresh) at 12800 Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ ILC and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEIR), to study the cnvironmental impacts arising from the proposed Bixby Old Ranch Townc Center Development Plan and related General Plan amendments. The DETR 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 Enviromnental Impact Report 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 adequate under CEQA. After eonsidcring thc 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 conduetcd 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. The approval of this resolution is within thc scope of the project analyzed in the Final ETR, 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 Permit 02-7. Section 4. The record of the hearing of March 20, 2002 indicates the following: (a) On Fcbruary 19, 2002, Brad Becker for Seal Beach Land Partners (the "Applicant") filed an application with thc Dcpartment of Development Services for Conditional Use Permit 02-8. (b) A conditional use permit is required to allow for the provision of outdoor seating for a rcstaurant business (Baja Fresh) at 12800 Seal Beach Boulevard. (c) The applicant is proposing to provide a maximum of 36 outdoor seats in conjunction with a restaurant business, on property located on the east side of Seal Beach Boulevard at Lampson Avenue. Re~olution #()2-17 CUP 02-8 Baja Fresh (d) The proposed development is located in the Gcncral Commercial (C-2) zone wIthin a 3-acre commcrcial shopping center site located at the southeast comer of Seal Beach Boulevard and Lampson A venue. (e) Surrounding land uses and zoning are as follows: North - Bixby Old Raneh County Club & Golf Course South - Recently approved and under construction Ayres Hotel & 405 Freeway East - Recently approved Sunrise Senior Care Facility Wcst - across Seal Beach Boulevard, in the Bixby Office Park Specific Plan zone is the Bixby Office Park office buildings and Spaghettini'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 the General Plan land use designations and zoning of the subject area to conform to the proposed uses ofland set fOlih 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 the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makcs the following findings: o CUP No. 02-8 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits outdoor food serviee areas subject to the issuance of a Conditional Use 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 retleeted in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. IJ The building and property at the subject site are adcquate in size, shape, topob'I"aphy and location to meet the needs ofthe proposed use ofthe 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 arca are to west of the shopping center, in excess of 500 feet. Given the nature of thc 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 mitigatc any negative impacts to neighboring residential properties. o The number of provided parking spaces 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 Permit 02-8, subject to the following conditions: 1. Conditional Use Permit 02-8 at 12800 Seal Beach Boulevard is approved for an outdoor food service area, with a maximum of 36 outdoor seats 2 separate three pcrson tables, and 2 Resolution #02-17 CUP 02-8 Baja Fresh 6 separatc fivc pcrson tables located adjacent to the storefront, on the south and east 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. Thc applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Dircctor of Dcvelopment Services. 4. In thc cvcnt staff detennines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Codc of thc City of Seal Beach, to require the provision of additional security mcasures. 5. A modification of this Conditional Use Permit shall bc applied for when: a. The establishment proposes to change the type, number or general 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 opcrations of the establishment. 6. This Conditional Use Pennit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Developmcnt Scrvices, or notarized and returned to the Planning Dcpartment; 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 exist on thc sitc, the conditions of this permit may be amended, under the procedurcs of the Seal Beach Municipal Code, to require the provision of additional security measures. 9. The establishment shall havc a public telephone listing. 10. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and opcrators of such establishments shall remove trash and debns 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 (1) year of the date of final approval, or such cxtcnsion 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 bc 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 Dcpartmcnt of Alcoholic Beverage Control 13. Thc proposed facility shall comply with Chapter 13D, ''Noise Control", of thc Codc 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, the Planning COlmnission reserves the right to schedule the subjcct permit for reconsideration and may require thc applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 14. 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 3 ResolutIon #02-17 CUP 02-8 Baja FICSh whatsoever occurring or resulting to any and all persons, finns, or corporations furnishing or supplying work, services, materials, or supplies in connection with the perfonnance of the use permitted hereby or the exercisc of thc rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercisc of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or rcsulting to any person, firm, corporation or property for damagc, injury or death arising out of or connected with the perfonnancc of the use pennitted hereby. Applicant's obligation to indemnify, dcfcnd and hold harmless the City as stated herein shall include, but not bc limitcd to, paying all fees and costs incurred by legal counscl of thc City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, 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 bc twclvc (12) months. At the end of the initial tenn, the applicant may apply to the 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 the City of Seal Beach at a meeting thereof held on the 20th day of March, 2002, by the following vote: AYES: Commissioners Sharp, Cutuli, Brown NOES: Commissioners ABSENT: Commissioners Hood, Ladner ABSTAIN: Commissioners J' Sharp ice-Chainnan of the Planning Commission 4