HomeMy WebLinkAboutPC Res 03-37 - 2003-10-08
RESOLUTION NUMBER 03-37
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 03-5, PERMITTING
INTERIOR REMODELING, ADDITIONS FOR
CUSTOMER SERVICE AND ANCILLARY
RESTAURANT AREAS, AN OUTDOOR PATIO
DINING AREA, AND A TYPE 47, ALCOHOL SALES
& SERVICE LICENSE, ON PROPERTY AT 12489
SEAL BEACH BOULEVARD (MARIE
CALLENDER'S RESTAURANT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On August 13, 2003, Bob Barger (the "ApplIcant") filed an
applicatIOn with the Department of Development Services for Conditional Use Permit 03-5. The
condItional use permit is required to approve requests for the following items at an existing 7,225
square foot Marie Callender's Restaurant:
D a proposed interior remodel
D a proposed 671 square foot addition to the eXIsting restaurant
D a proposed 980 square foot open outdoor patio dining area
D a proposed 273 square foot covered patIo dining area
D a proposed 296 square foot servIce yard area
D a proposed 332 square foot front porch/entry area, and
D a proposed change to the eXIsting on-sale beer and wine license to an on-sale general
license.
Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and ~II(B)
of the City's Local CEQA GUIdelines, staff has determined as follows: the applicatIon for CUP
03-5 for the proposed interior remodeling, additions, and outdoor patio dining area and change m
on-premIse alcohol sales license is categorIcally exempt from review pursuant to the California
Environmental QualIty Act pursuant to 14 CalIfornia Code of Regulations ~15301 (Mmor
Alterations in Land Use LimitatIons), because the proposal involves a negligible expanSIOn of an
existing use; the proposed additions will not result in an increase of more than 50% of the
structure, or in excess of 10,000 square feet m an area where all public services and facIlities are
available to allow for maximum development under the General Plan and the area m which the
project is located is not environmentally sensitive.
Section 3. A duly noticed publIc hearing was scheduled before the Plannmg
Commission on September 17, 2003, and continued to October 8, 2003, to consider the
applIcatIon for CondItIonal Use Permit 03-5.
SectIOn 4.
The record of the hearing of October 8, 2003 mdicates the
following:
(a) On August 13, 2003, Bob Barger (the "Applicant") filed an application
wIth the Department of Development ServIces for Conditional Use Permit 03-5.
(b) The conditional use permit is required to approve requests for the
following items at an existing 7,225 square foot Marie Callender's Restaurant:
D a proposed interior remodel
D a proposed 671 square foot addition to the existing restaurant
D a proposed 980 square foot open outdoor patio dmmg area
D a proposed 273 square foot covered patio dining area
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o a proposed 296 square foot service yard area
o a proposed 332 square foot front porch/entry area, and
o a proposed change to the eXIstmg on-sale beer and wme license to an on-sale general
license.
(c) The proposed development is located in the General Commercial (C-2)
zone within Rossmoor Center, a 39.5-acre commercial shopping center site located at the
northwest comer of Seal Beach Boulevard and St. Cloud Dnve. The subject site is located in the
southern portion of the shopping center site approximately 250 feet north of St. Cloud Drive.
(d) That portion of the center south of Rossmoor Center Way comprises 31.26
and contams approximately 341,200 square feet of bUIlding area. This portion of the shopping
center has recently undergone renovations. Major tenants within thIS area of the shopping center
include: Kohl's Department Store, Home Goods, Stats, and Albertsons Market.
(e) The major renovation was evaluated through Mitigated Negative
Declaration 02-1. This environmental review document analyzed the potential Impacts of the
proposed demolition of 4 existing retail/theater/medIcal buildmgs (102,175 square feet) and
construction of two new retail buildings for the Kohl's Department Store and the Home Goods
Store (124,378 square feet). This project resulted in a net mcrease of 22,203 square feet of
building area within the shoppmg center.
o The Planning CommiSSIOn approved the Mitigated NegatIve Declaration
and an accompanying height variation request on Apn117, 2002.
o This project has since been constructed
(f) The existing Marie Callender's Restaurant SIte has received the followmg
discretionary land use entitlements from the City of Seal Beach:
o Plan Review 26-70 - approving the construction of a Mane Callender's
pIe shop faCIlity, was approved by the Planning Commission through the adoption of Resolution
No. 451 on June 17,1970.
o Plan Review 4-72 - approvmg an additIOn of 2,675 square feet to the
existing Marie Callender's Restaurant was approved by the Planning Commission through the
adoption of ResolutIOn No. 622 on Apnl5, 1972.
o CondItIOnal Use PermIt CP-10-80, approving the on-premIse sale of beer
and wine at the existing Marie Callender's Restaurant was approved by the Planning
Commission through the adoption of Resolution No. 1211 on July 16, 1980.
(g) Surrounding land uses and zoning are as follows:
o North, South & West - remaining portions of Ross moor Center.
o East - across Seal Beach Boulevard, in the General Commercial (C-2)
zone is the Old Ranch Towne Center development, also m the City of Seal Beach.
(h) The proposed style, height and bulk of the proposed commercial structure
is conSIstent WIth surrounding commercial uses, which include large and small scale commercial
structures in the same zoning area as the subject property. These uses are to the east, south, west,
and north of the subject site, respectively. SImilar development standards regarding building
height and landscaping apply to those previously approved project components. The subject
restaurant structure and the site proposed for development exceeds all standard development
requirements of the City related to lot size, setbacks, lot coverage, off-street parking, and
landscapmg.
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 Plannmg CommISSIOn makes the
following findmgs:
a. CUP No. 03-5 IS conSIstent with the prOVISIOns of the Land Use Element
of the City's General Plan, which provides a "service commercial" designation for the subject
property and permits the on-sale service of alcoholic beverages and outdoor dming areas subject
to the Issuance of a Conditional Use Permit. The use is also consistent with the remainmg
elements of the City's General Plan as the policies of those elements are consistent with, and
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reflected in, the Land Use Element. AccordIngly, the proposed use IS consIstent with the General
Plan.
b. Subject to the proposed conditions of approval, the proposed use of the
property as a full-service restaurant structure with an outdoor dining area, as approved herein,
will be compatible with surrounding uses and wIll not be detrimental to the surrounding
neighborhood. As the proposed structure is sufficiently screened from adjoinIng uses by
landscaping and the adjoining uses are retail components of the same shopping center, with
another commercial retail complex located across Seal Beach Boulevard, staff is not
recommendIng any speCIfic noise related conditions at this time.
c. The buIlding and property at the subject site of Rossmoor Center are
adequate in size, shape, topography and location to meet the needs of the proposed use of the
property. The proposed style, height and bulk of the proposed restaurant structure is consistent
with surrounding commercial uses located within Rossmoor Center, whIch Include Kohl's
Department Store, Home Goods, Stats, and Albertsons Market. This portion of the shopping
center provides approximately 131 % of the required parking for all uses located In the subject
area. ReqUIred adherence to applicable building and fire codes ensure there will be adequate
water supply and utilIties for the proposed use.
d. The on-premises sale of beer, wine and distilled spirits, if properly
conditIoned and enforced, is compatible WIth the character of the surrounding area. Adherence to
conditions of approval placed on the use by both the City of Seal Beach and the Department of
Alcoholic Beverage Control should mitigate any negative Impacts to neighboring residential
properties. The nearest residential properties are approximately 350 feet to the south of the
existIng restaurant, in Rossmoor, and 850 feet west of the shopping center, in Seal Beach. In
both directions, the restaurant is screened from the adjoining residential uses by other business
structures located within Rossmoor Center. To the south is a small retail building of
approXImately 2,500 square feet and the service station facility. To the west is the existing
Albertson's Market. Large parking areas are also proVIded between the restaurant structure and
the adjoining residential areas. SuffiCIent condItions have been imposed by the CIty to ensure
adequate supervision and separation of publIc areas of Rossmoor Center from the outdoor patio
dining areas.
e. The subject development and the site proposed for development exceeds
all standard development requirements of the City related to lot size, setbacks, lot coverage,
building height, off-street parking, and landscaping. Therefore, the SIte is adequate m SIze,
shape, topography and location to meet the needs of the proposed use of the property
Section 6. Based upon the foregoing, the Planning CommISSIOn hereby
approves Site Plan Review 03-5, subject to the following conditions:
1. Conditional Use PermIt 03-5 IS approved for an intenor remodel, a 671 square foot
addition to the existing restaurant, a 980 square foot open outdoor patio dining area, a 273
square foot covered patio dining area, a 296 square foot servIce yard area, a 332 square
foot front porch/entry area, and is approved for Department of AlcoholIc Beverage
Control (ABC) lIcense Type 47, Alcohol Sales & Service. All development shall be in
substantial compliance with the plans submitted as a part of the applicatIOn.
2. The applicant shall comply with all restrictions placed on the license issued by the State
of CalifornIa's Department of Alcoholic Beverage Control (ABC). This shall be done as
soon as the lIcense is received by the applicant from ABC.
3. All alcoholic beverages sold in conjunction with the on-premise-licensed establishment
must be consumed entirely on the premises prior to closing time. None shall be sold as
take-out. ConsumptIOn of alcoholIc beverages IS prohlblted in the establishment's
parking area or any adjoming non-approved seating areas. There shall be postIng of signs
both inside and outside the licensed premises indicatmg that law prohibits drinking
outside the licensed premises.
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4. It shall be the responsibility of the applicant/lIcensee to provIde all employees that sell or
serve alcoholIc beverages WIth the knowledge and skIll enabling them to comply with
their responsibIlIties under State of CalifornIa law.
5. The knowledge and skills deemed necessary for responsible alcoholIc beverage service
shall include, but not be limited to the following topics and skills development:
a. State law relating to alcoholic beverages, particularly ABC and penal proviSIOns
concernmg sales to minors and intOXIcated persons, driving under the influence,
hours of legal operation and penalties for violatIon of these laws.
b. The potential legal lIabIlIties of owners and employees of businesses dIspensing
alcoholic beverages to patrons who may subsequently mjure, kill, harm
themselves or Innocent VIctIms as a result of the excessive consumption of
alcoholic beverages.
c. Alcohol as a drug and its effects on the body and behavior, includmg the operation
of motor vehicles.
d. Methods of dealing with mtoxicated customers and recognizing under age
customers.
6. The following organizatIOns proVIde training programs, which comply with the above
criteria:
a. Provider: Department of Alcoholic Beverage Control
Program: LIcensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558-4101
Date: 1 sl Monday of each month
Time: 10:00 a.m. to 1 :00 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Room 369, Santa Ana
b. Provider: Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Program: CalIfornia Coordinating Council for Responsible Beverage Service
(C3RBS)
Telephone: (714) 834-2860 * Karen Keay
Cost: $12.00 per person * Tax Deductible
For special events training
c. Provider: Orange County Health Care Agency
Program: Project Path
Telephone: (714) 895-9088 * Irene Glenday
Cost: Free
7. Whenever the outdoor dining area is being utilized for the sale, service or consumption of
alcoholic beverages, a premIse employee shall be in attendance. He/she must maintain
continuous supervision at all times to ensure the outdoor dining area does not create a
public nuisance contrary to the public welfare and morals.
8. Any alcoholic beverages sold to customers utilizing the outdoor dining space shall be
served in bottles or glass contamers only.
9. The hours of operation shall be 7:00 AM to 11'00 PM, Sunday through Thursday, and
7:00 AM to Midnight, Friday, Saturday, and holIdays.
10. No video games or similar amusements shall be permitted on the premises.
11. There shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from within, promoting or indicating the avaIlability of alcoholic
beverages.
12. The establishment must serve a complete menu of food until thIrty (30) minutes prior to
closing time.
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13. A grease trap shall be provIded for the restaurant in accordance with the standards of the
Orange County Health Department.
14. Final landscape plans shall be approved by the Department of Development Services, and
all landscaping shall be installed pnor to the Issuance of a Certificate of Occupancy.
15. There shall be no live entertainment, amplIfied mUSIC, or dancing permitted 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
ABC or a Special ActIvities permIt is issued to the applicant by the City.
16. Exterior lighting m the parkmg area shall be kept at a level so as to provIde adequate
lighting for patrons whIle not unreasonably dIsturbing surrounding commercial areas.
17. Prior to the final inspection and issuance of an occupancy permIt, the applicant shall
submit one (1) duplicate mylar of all public or pnvate improvement plans, two (2) copies
(one original and one duplicate) of 35mm microfilm of the public or private improvement
plans, final structural calculations, and computer analysIs, if any, for all bUIldings, and the
record drawings of grading, landscape and improvement plans to, and m a manner
acceptable to, the Director of Development ServIces. The microfilm shall be m 4" x 6"
jackets with 6 frames per jacket. The computer analYSIS may be submItted on standard
IBM compatible floppy disks.
18. Prior to the final inspection and issuance of an occupancy permit, the applicant shall
submit one (1) set of computerized data, whIch IS compatible with the City ARCVIEW
system or Autocad system, of the record drawmgs of grading, landscape and
improvement plans to, and m a manner acceptable to, the Director of Development
Services. Refer to "SpecIfications for Digital Submission" as mamtained by the
Surveyor's Office of the County of Orange for specific requirements of mdIVIdual
submittal.
19. The Planning Commission reserves the nght to revoke or modify thIS Conditional Use
Permit if any violatIon ofthe approved condItions occurs, any violatIon of the Code of the
Citv of Seal Beach, occurs, or for those reasons specified by Article 28, and m the manner
specified in Article 25, of Chapter 28 of the Code of the CIty of Seal Beach.
20. In the event staff determines that security problems exist on the site, the conditions of this
permit may be amended, under the procedures of the Code of the City of Seal Beach, to
require the provision of additional security measures.
21. The business establishment shall have a publIc telephone listing.
22. The applicant will prominently display these CondItIons of Approval in a locatIon within
the businesses' customer area that is acceptable to the Director of Development Services.
23. LItter and trash receptacles shall be located at convement locations mSIde and outside the
establishment. Operators of such establIshments shall remove trash and debris on an
appropriate basis so as not to cause health problems. There shall be no dumping of trash
and/or glass bottles outSIde the establIshment between the hours of 11 :00 p.m. and 7:00
a.m.
24. The establishment 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 noise generated by the establIshment,
the Planning Commission reserves the right to schedule the subject Conditional Use
Permit for reconSideration and may require the applicant/operator to mitigate the noise
level to comply with the proviSIOns of Chapter 13D.
25. Prior to the issuance of any gradmg or bUIlding permIts for projects that will result in SOIl
disturbance of one or more acres of land, the applicant shall demonstrate that coverage
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has been obtained under CalIfornIa's General Permit for Stormwater Discharges
Associated with Construction ACtIVIty by providing a copy of the NotIce of Intent (NOI)
submItted to the State Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID) Number.
Projects subject to this requirement shall prepare and implement a Stormwater Pollution
Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the Project SIte
and be available for City review on request.
26. Prior to the issuance of any gradmg or building permits or prior to recordation upon
subdIvision of land If determined applIcable by CIty BUlldmg Official, the applicant shall
submit to the City for reVIew and approval a Water Quality Management Plan that:
a. Addresses Site DeSIgn BMPs such as mmimizing impervIOUs areas, maxImizmg
permeability, mmimizing directly connected Impervious areas, creatmg reduced or
"zero discharge" areas, and conserving natural areas
b. Incorporates the applicable Routme Source Control BMPs as defined in the
DAMP
c. Incorporates Treatment Control BMPs as defined in the DAMP
d. Generally describes the long-term operatIOn and maintenance reqUIrements for the
Treatment Control BMPs,
e. Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPS, and
f. Describes the mechanism for funding the long-term operatIOn and maintenance of
the Treatment Control BMPs.
27. Prior to grading or building permIt close-out and/or the issuance of a certificate of use or
a certificate of occupancy, the applicant shall:
a. Demonstrate that all structural best management practIces (BMPs) described in
the Project WQMP have been constructed and installed in conformance with
approved plans and specificatIons,
b. Demonstrate that applicant is prepared to implement all non-structural BMPs
described in the Project WQMP,
c. Demonstrate that an adequate number of copies of the approved Project WQMP
are aVaIlable onsite,
d. Submit for review and approval by the CIty an Operations and Maintenance
(O&M) Plan for all structural BMPs.
28. Grading and Drainage Plans shall be prepared with the following design objectives:
a. All surface runoff and subsurface drainage shall be directed to the nearest
acceptable drainage faCIlIty, via sump pumps if necessary, as determined by the
Building Official.
b. All roof drains shall be required to connect into a tight-line drainage pIpe or
concrete swales that drain to the nearest acceptable drainage facility as determined
by the Building Official.
c. Landscaping plans shall utIlize non-mvasive, drought-tolerant landscape
materials.
29. All grading and improvements shall be made in accordance WIth the Grading Ordinance
and to the satisfaction of the BUIlding Official or designee. Grading shall be in
substantial complIance WIth the approved grading plans. Surety to guarantee the
completion of grading, erosIOn and sediment control measures; soIl stabilization, and
drainage improvements shall be posted satisfactory to the Building Official.
30. For industrial facilities subject to California's General Permit for Stormwater Discharges
Associated with Industrial Activity as defined by Standard Industrial Classification (SIC)
code, prior to grading or building permit close-out and/or the issuance of a certIficate of
use or a certificate of occupancy, the applicant shall demonstrate that coverage under the
permit has been obtamed providing a copy of the Notice of Intent (NOl) submitted to the
State Water Resources Control Board and a copy of the notification of the Issuance of a
Waste Discharge Identification (WDID) Number.
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31. Prior to the issuance of any building permits, the applicant shall include in the plans any
urban runoff control measures deemed necessary by the BUIlding Official.
32. Pnor to issuance of certIficates of use and occupancy or buildmg permIts for indIvidual
tenant improvements or construction permIts for a tank or pipelme, uses shall be
identified and, for specified uses, the applIcant shall propose plans and measures for
chemical management (mcludmg, but not limIted to, storage, emergency response,
employee training, spill contmgencies and dIsposal). The chemical management
measures shall be mcorporated as an element of a Water Quality Management Plan and
shall be subject to the approval of the CIty Building OffiCIal and other speCIfied agenCIes
such as the Fire Authonty/Fire Department, the Orange County Health Care Agency and
sewering agencies to ensure implementatIOn of each agency's respective requirements.
Certificates or permIts may be ministerally withheld If features needed to properly
manage chemicals cannot be incorporated mto a previously completed building, center or
complex.
33. Prior to the issuance of a grading or bUIldmg permit, the CIty shall reqUIre the permit
appllcant to include the following as general or special notes on the plan sheets for new
development or significant redevelopment projects:
a. Sediment from areas dIsturbed by construction shall be retamed on site usmg
structural controls to the maximum extent practicable.
b. Stockpiles of soil shall be properly contained to minimize sediment transport from
the site to streets, dramage faCIlIties or adjacent properties Via runoff, vehIcle
tracking, or wmd.
c. Appropriate BMPs for construction-related materials, wastes, spills or resides
shall be implemented to minimIze transport from the site to streets, drainage
facilities, or adjoining property by wmd or runoff.
d. Runoff from eqUIpment and vehIcle washing shall be contained at construction
sites unless treated to remove sedIment and other pollutants.
e. All construction contractor and subcontractor personnel are to be made aware of
the required best management practices and good housekeeping measures for the
Project site and any associated construction staging areas.
f. At the end of each day of constructIOn activity all constructIOn debris and waste
materials shall be collected and properly disposed m trash or recycle bins.
g. Construction sites shall be maintained in such a condition that an anticipated
storm does not carry wastes or pollutants off the site. Discharges ofmatenal other
than stormwater are allowed only when necessary for performance and completion
of constructIOn practices and where they do not: cause or contnbute to a violation
of any water qualIty standard; cause or threaten to cause pollution, contaminatIOn
or nuisance; or contam a hazardous substance in a quantity reportable
under Federal Regulations 40 CFR Parts 117 and 302.
Potential pollutants include but are not limited to: solid or liquid chemical spIlls; wastes
from paints, stams, sealants, glues, lime, pesticides, herbicides, wood preservatives and
solvents, asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and
hydraulic, radIator or battery flUIds; concrete, detergent or floatable wastes; wastes from
any engine/equipment steam cleanmg or chemIcal degreasing; and superchlorinated
potable water line flushings. Durmg construction, dIsposal of such materials should
occur in a specified and controlled temporary area on-SIte physically separated from
potential stormwater runoff, with ultimate dIsposal in accordance with local, state and
federal requirements.
34. Dewatenng of contaminated groundwater, or discharging contaminated soils via surface
erosion is prohibited. Dewatering of non-contaminated groundwater requires a National
Pollutant DIscharge Elimination System (NPDES) permIt from the respective State
Regional Water QualIty Control Board.
35. Prior to the issuance of certificates of use and occupancy, the Project proponent shall
provide evidence to the Director of Development Services to assure satisfactory
completion of all requirements in the Project WQMP by requiring the applicant to:
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a. Demonstrate that all structural BMPs described m the Project WQMP have been
constructed and installed in conformance wIth approved plans and specifications,
b. Prepare and submit for reVIew and approval an O&M Plan for all structural
BMPs,
c. Demonstrate that a mechanism or agreement acceptable to the City has been
executed for the long-term fundmg and performance of BMP operation,
maintenance, repair, and/or replacement.
d. Demonstrate that the applIcant is prepared to implement all non-structural BMPs
described in the Project WQMP.
e. Demonstrate that an adequate number of copies of the Project WQMP are
available onsite, and
f. For industrial facilities subject to CalIfornia's General Permit for Stormwater
Discharges Associated with Industrial Activity as defined by Standard Industrial
Classification (SIC) code, demonstrate that coverage has been obtained by
providing a copy of the Notice of Intent (NOI) submitted to the State Water
Resources Control Board and a copy of the notification of the issuance of a Waste
Discharge Identification (WDID) Number.
36. The O&M Plan for structural BMPs that is prepared by the applicant for private sector
projects shall describe and/or include:
a. Structural BMPs.
b. Employee responsIbilities and trammg for BMP operation and maintenance.
c. Operating schedule.
d. Maintenance frequency and schedule.
e. Specific maintenance activities.
f. Required permits from resource agencies, if any.
g. Forms to be used in documentmg mamtenance activities.
h. Notification to Orange County Vector Control DIstrict of the structural BMPs in
place.
1. Recordkeeping requirements (at least 5 years)
37. If a property owner or a private entity, such as a homeowners association (HOA), retains
or assumes responsibility for operation and maintenance of structural BMPs, the City
shall require access for inspectIOn through an agreement. If the City will be responsible
for operatmg and maintaimng structural BMPs on pnvate property, an easement will be
established to allow for entry and proper management of the BMPs. Such access
easements shall be binding throughout the life of the ProJect, or until the BMPs requiring
access are acceptably replaced wIth a BMP not requiring access. Fundmg for the long-
term operation and maintenance of structural BMPs will be front-funded, or otherwise
guaranteed via mechanisms such as approved assessment dIStrictS, or other fundmg
mechanisms.
38. The following steps describe the process that is to be followed by a private construction
proj ect:
a. The project owner, developer or contractor is responsible for preparing the Notice
of Intent (NOI), which must be signed by the owner or person delegated authority
and submitted to the State Water Resources Control Board (SWRCB). Before
issuing a gradmg or buildmg permit, the CIty will require proof of General Permit
coverage (See conditions of approval Section A-7.5.3).
b. Once the project owner, developer or contractor receives a gradmg or building
permit (if applicable), the SWPPP must be prepared by the owner, developer or
contractor, and signed by the responsible party and must be implemented year-
round throughout the duration of the project's construction. County or DIstrict
staff is not responsible for reviewing, approving or enforcmg the SWPPP; these
are responsibilities of the Regional Board. Inspector(s) may choose to use the
SWPPP as a tool for on-sIte inspections.
c. The city Will inspect and enforce local permit(s) and ordinances, and will notify
the Regional Board of non-compliance when the non-compliance meets the
crIteria of posing a threat to human or environmental health as discussed m
DAMP Section 8.4.6.
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d. Once project construction IS completed and the site fully complies with the final
stabIlizatlOn requirements of the General Permit, the owner/developer will submit
a Notice of TerminatlOn (NOT) to the SWRCB.
39. A modIfication of this ConditlOnal Use Permit shall be applied for when:
a. The establishment proposes to change its type of liquor license.
b. The estabhshment proposes to modIfy any of ItS current Conditions of Approval.
c. There is a substantial change m the mode or character of operations of the
establishment.
40. This Conditional Use Permit 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 written request for extension submitted to the
Department of Development Services a mmImum of ninety (90) days pnor to such
expiration date.
41. 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 Director of Development Services, or notarized and returned to the Planning
Department; and until the ten (10) calendar-day appeal period has elapsed.
42. The term of this permit shall be twelve (12) months. At the end of the initial term, the
apphcant may apply to the City for an extension of CondItional Use Permit 03-5. The
Planning CommIssion may grant an indefimte extenslOn provIded that all CondItions of
Approval have been met and no sigmficant 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 mdefimte permit.
43. If any claim, action or proceeding (collectively "action") is instituted by a third party or
parties challenging the validity of the thIS approval, Developer and City shall cooperate III
defending any such action. City shall notify Developer of any such actlOn against CIty
within ten working days after City receives service of process, except for any petitlOn for
injunctive relief, in which case City shall notify Developer immediately upon receIpt of
notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its
officers, employees or agents for any action by a third party or parties brought to
challenge the Project Approvals; prOVIded, however, that if City falls promptly to notify
Developer of any action agamst City, or if City falls to cooperate in the defense,
Developer shall not thereafter be responsible for CIty'S defense. Developer shall
reImburse all of CIty'S defense costs includmg, without limitation, court costs, attorneys
fees incurred by counsel selected by the CIty, and expert WItness fees. Developer shall
promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that
may be awarded in such actlOn.
PASSED, APPROVED AND ADOPTED by the Planning CommisslOn of the CIty of Seal
Beach at a meeting thereof held on the 8th day of October 2003, by the following vote:
AYES: CommIssioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
ABSENT: Commissioners None
Res 03-37 CUP 03-5 Mane Callenders doc Page 9 of 10
fJC
Mac Cummins
Secretary of the Plannmg Commission
Res 03-37 CUP 03-5 Malle Callenders doe
Plannmg CommissIOn ResolutIOn 03-37
CUP 03-5 Mane Callender's Restaurant- Rossmoor Center
October 8, 2003
es Sharp
hairman of the Plannmg CommIssIOn
Page 10 of 10