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Home My WebLink AboutPC Res 02-43 - 2002-12-04 .- ORIGINAL RESOLUTION NUMBER 02-43 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 APPROVAL 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 October 10, 2002 Charles Robinson submitted an application for CUP 98-6 (Indefinite Extension) of an existing land use entitlement for an alcohol-related land use at 12147 Seal Beach Boulevard, Seal Beach (Yucatan Grill). In addition, the applicant has requcsted continuance of the previously granted waiver of Condition #1(e) of CUP 98-6 (amendment), which would have required the applicant to construct a handicapped accessible bathroom, due to extenuating circumstanccs. Scction 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 98-6 (Indefinite Extension) is categoncally cxempt from reVIew pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Rcgs. ~ 15301 (Existing Uses), because it involves no expansion of an existing use; pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because thc proposal, at most, involves a minor alteration in a land use limitation and does not involve either a property in excess of 20% slope or a change in land use or denSIty; and finally, 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 environmcnt. Section 3. A duly noticed public hearing was held before the Planning Commission on December 4, 2002 to consider the application for CUP No. 98-6 (Indefinite Extension). At the public hearing the applicant spoke in favor of the request with no one speakillg in opposition. Section 4. the following: The record of the hearing on December 4, 2002 indicatcs (a) On October 10, 2002 Charles Robinson submitted an application for CUP 98-6 (Indefinite Extension) of an existing land use entitlement for an alcohol-related land use at 12147 Seal Beach Boulevard, Seal Beach (Yueatan Grill). (b) Additionally, the applicant has requested continuance of the previously granted waiver of Condition #l(e) of CUP 98-6 (amendment), wruch would have required the applicant to construct a handicapped accessible bathroom, due to uncertainty as to the long-term viability of his lease at that location. (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 Seal Beach Boulevard approximately 330 feet south of the center of the intersection of Seal Beach Boulevard and Bradbury Road. C lDoeuments and Sellmg.ILWhlttenberglMy Doeumc'TltsIRESOlCUP 98-6 (Indefinite Exlc'Tl"on).PC Resa 2 doclLWl12-o5-o2 .' Plannmg Commission ResolutIOn 02-43 ConditIOnal Use Permit 98-6 lndefimte Extension 12147 Seal Beach Boulevard (Yucatan Gnll) December 4, 2002 (c) The subject property contains an existing restaurant that has existcd for over 20 years with no history of extraordinary demand for law enforcement services regarding the restaurant or sales of alcoholic beverages on the propcrty, (1) Amencan cuisine. as becr and wine. The restaurant is a full service restaurant serving Central The restaurant sells an assortment of non-alcoholic bcverages as well (g) The surrounding land uses and zoning are as follows: WEST Retail commercIal uses within thc Rossmoor Business Center located in the General Commercial zone (C-2). Located across Seal Beach Boulevard arc Single family residences within the City of Los Alamitos. A multi-family residential complex located within the City of Los Alamitos. NORTH & SOUTH EAST (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 Code, the Planning Commission hereby finds as follows: (a) Extending Conditional Use Permit 98-6 is consistent with the provisions of the Land Use Element of the City's Gencral Plan, which provides a "general commercial" designation for the subject property and permits restaurants and drive-in restaurants 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 pohcies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The building and propcrty at 12147 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the use of the property. (c) property or business. There havc not been any reported problems with the subject (d) The uncertainty surrounding thc 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. In that the owners of the property may demolish the shopping center, the CommiSSiOn is willing to defer completion of that condition for three years to provide the applicant and property owner additional time to ascertain the owner's plans. Section 6. Based upon the foregoing, the Planlllng Commission hereby extends Conditional Use Permit 98-6 up to and including November 1, 2005, subject to the following condItions: 1. Condition lee) of Planning Commission Resolution 97-15 is hcreby amended to read as follows: "If the property owner extends thc lease of Yucatan Grill for a period of time greater than 6 months, at its current location, prior to October 1, 2005, the applicant shall immediately notify the City of the new term of the lease and shall apply for all necessary permits to install a handicapped acceSSible ADA comphant bathroom. " CUP 98-6 (Indefinite ExtenSIon) PC Reso 2 2 ; Planlllng Commission ResolutIOn 02-43 CondItIOnal Use Permit 98-6 lndeftlllte Extension 12147 Seal Beach Bouleval"d (Yucatan Grill) December 4. 2002 2. This extension of the entitlement to use the outdoor area shall expire on November 1,2005, unless the applicant has filed an application for an extension of CUP 98-6 by October 10, 2005. After eonducting a duly noticed hearing, the Commission shall have the discretion to approve, deny or conditionally approve the request to contmue 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. An application for a future indefinite extension of CUP 98-6 shall not require the filing of an application fee by the property owner of record at the time of said application filing with the Department of Development Services. 4. All other conditions set forth in CUP 97-1 (Planning Commission Resolution No. 97-15) and CUP 98-6 (Plannmg Commission Resolution No. 98-12) shall rcmain in full force and effect. 5. This Conditional Use Permit 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 Dircctor of Development SefV1ces, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 6. 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 resulting to any and all persons, firms, or corporations furnishing or supplying work, services, matenals, or supplies in connection with the performance of the usc permitted hereby or the exercise of the rights granted herein, and any and all claims, laWSUIts or actions arismg from the gnmting of or the exercise of the rights permitted by tills Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, 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 hercin shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choicc in representing the City in connection with any such claims, losses, lawsuits or actions, expcrt witness fees, and any award of damages, judgments, 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 thereof held on thc 4th day of Deccmber 2002, by the following vote: AYES: Commissioners Deaton, Hood, Ladner, and Shanks NOES: Commissioners ABST ATN: Commissioners ABSENT: Commissioners Sharp DaVId Hood, Ph.D. Ch' Planning Commissio e Whittenberg, Secretary Janning Commission CUP 98-6 (Indefimte &tenslon) PC Reso 2 3