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Home My WebLink AboutPC Res 03-20 - 2003-05-21 RESOLUTION NUMBER 03-20 ORIGINAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 03-3, ALLOWING FOR THE OPERATION OF A WALK UP / TAKE OUT RESTAURANT IN CONJUNCTION WITH A DELI AT 133 ~ MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 16, 2003, Melinda MarciulIano (the "Applicant") filed an applIcation with the Department of Development Services for CondItional Use Permit 03-3 for the operation of a walk up / take out restaurant at 133 ~ Main Street, Seal Beach. 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 03-3 for the proposed walk up take out restaurant IS categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of RegulatIons ~15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligIble expansion of an eXIsting use; pursuant to ~15305 (Minor Alterations in Land Use LImitations), because the proposal involves a minor alteration in land use limitation and does not Involve either a property in excess of 20% slope or a change in land use or density; and, the proposed outdoor dining area was considered as part of Negative DeclaratIon 96-2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed publIc hearing was held before the Planning Commission on May 21, 2003, to consider the applIcation for CUP 03-3. No written evidence was submitted for or against the project, and at the public hearing no one spoke in favor of the request and no one spoke in opposition. Section 4. The record ofthe hearing of May 21,2003 indIcates the following: (a) On April 16, 2003, Melinda Marciulano, the applicant, submitted an application for CUP 03-3 at 133 ~ Main St. Specifically, the applicant is proposing to serve sandwiches and other food items, in addItIon to deli meats and cheeses. (b) Specifically, the applicant is proposing to operate a walk up / take out restaurant with no more than 10 seats. (c) The subject deli/restaurant contains approximately 1470 square feet. The property is located on the east side of Main Street, in the 100 block within the Main Street Specific Plan Zone. (d) The subject property is legally described as Orange County assessor's parcel number 199-034-07. (e) The subject property is legally nonconforming due to inadequate parking. However, the City considers changes of land use that create a lower demand for parking to be a net positive gain to the City, and routinely approve such requests. (g) The surrounding land uses and zoning are as follows: NORTH, SOUTH AND EAST Commercial business along Main Street, in the Main Street Specific Plan (MSSP) Zone. WEST Various residential developments of single-family and multIple famIly, in the Residential High Density (RHD) Zone 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 makes the following findings: 1 Planning CommIssion ResolutIOn No 03-20 CUP 03-3 J 33 'is Mam Street May 21,2003 . Conditional Use Permit 03-3 is consistent with the provisIons of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" zomng designation for the subject property and permits restaurants subject to the issuance of a conditional use permit. The proposed conditional use permIt IS to operate a walk up / take out restaurant. 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 reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. . The building and property at 133 ~ Main Street are adequate in size, shape, topography and location to meet the needs ofthe proposed use of the property. . Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 03-3, subject to the following conditions: 1. CUP No. 03-3 is approved for the operation of a walk up / take out restaurant located at 133 ~ Mam Street, Seal Beach. 2. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 3. Litter and trash receptacles shall be located at convenient locations inside 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 10:00 p.m. and 7:00 a.m. 4. There shall be no more than 10 total seats in the restaurant at any tIme. 5. In the event staff determines 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 provisions of additional security measures. 6. There shall be no live entertainment, amplified music, or dancing permitted. 7. 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 CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 8. This CUP 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. 9. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 10. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-socIal behavior, Planning CommISsIOn ResolutIOn No 03-20 CUP 03-3 133 ~ Mazn Street May 21,2003 including but not limIted to the congregation of mmors, violence, public drunkenness, vandalism, solicitation and!or litter. 11. This CUP 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 mimmum of ninety (90) days prior to such expiration date. 12. The term of this permit shall be SIX (6) months, beginning the first day of operation of the new restaurant. At the end of the initial term, the applicant may apply to the City for a twelve (12) month extension, and finally, an indefinite extension. The Planning CommISSIon may grant an extensIOn as discussed above, 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 any extensions. 13. There shall not be a service window that will facilitate food dispersal. 14. This establishment shall have it's own trash container and shall be responsible for the upkeep and maintenance ofthe container. 15. No alcohol shall be served at thIS establishment. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21 st day of May 2003, by the following vote: AYES: Commissioners Hood, Shanks, Deaton, Ladner, Sharp NOES: Commissioners ABSENT: Commissioners ~ David Hood, Ph.D. Chairman ofthe Plannin e Whittenberg ecretary of the Planning Co