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HomeMy WebLinkAboutPC Res 03-05 - 2003-02-19 A , . RESOLUTION NUMBER 03-5 ORIGINAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 03-1, APPROVING AN OUTDOOR FOOD SERVICE IN CONJUNCTION WITH A RESTAURANT BUSINESS (QUIZNO'S) AT 347 MAIN ST. #B THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 10, 2003, Roya Moinipanah for Quizno's (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 03-1. The application was scheduled for public hearing on February 5, 2003, but continued to February 19, 2003 because the applIcant had not submitted the requisite plans for the project. A conditional use permit is required to allow for the provision of outdoor seating for a restaurant at 347 Main St. #B 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 03-1 for the proposed outdoor dining is categorically exempt from review pursuant to the California Environmental QualIty Act pursuant to 14 California Code of Regulations 915305 (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 scheduled before the PlalIDing Commission on February 5, 2003 and continued to February 19, 2003, to consider the application for Conditional Use Permit 03-1. Section 4. The record of the hearing of February 5,2003 and February 19,2003 Indicates the following: (a) On January 10, 2003, Roya Moinipanah for Quizno's (the "Applicant") filed an applicatIOn with the Department of Development Services for Conditional Use Permit 03-1. The applIcation was scheduled for public hearing on February 5, 2003, but continued to February 19, 2003 because the applicant had not submitted the requisite plans for the project. (b) A conditional use permit is required to allow for the provision of outdoor seating for a restaurant business (Quizno's) at 347 Main St. #B (c) The applicant is proposing to provide a maximum of 8 outdoor seats in conjunction with an existing restaurant business, on property located at the comer of Main St. & Pacific Coast Highway (347 Main St. #B). (d) The commerCIal shopping center includes approximately 5900 square feet of retail and desert coffee shop uses. (e) Surrounding land uses and zoning are as follows: 1 Plannmg ComTmsslOn ResolutIOn No 03-5 ConditIOnal Use Permit 03-1 QUlzno 's - 374-B Mam Street February 19, 2003 North - Commercial businesses along Pacific Coast Highway in a general commercial (C-2) zone, and residential low density housmg in an R-l zone. West - Commercial businesses along Pacific Coast Highway in a general commercial (C-2) zone, and a mixture of residential housing in a residential high density (RHD) zone. East - Across Main St., a mixture of commercial businesses along Main St. m the Main St. Specific Plan (MSSP) zone. South - Across Main St., a mixture of commercial businesses along Main St. m the Main St. SpecIfic Plan (MSSP) zone and a mixture of single and multi- falTIily residential uses in a residential high density (RHD) zone. (f) 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 PlalIDing Commission makes the following findings: o CUP No. 03-1 is consistent with the provisions of the Land Use Element of the CIty'S General Plan, which provides a Mam St. Specific Plan (MSSP) designation for the subject property and permits outdoor food service 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 reflected in, the Land Use Element. Accordmgly, 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. The proposed development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height, landscaping, and parking reqUirements. 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 the southwest of the shopping center. 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. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 03-1, subject to the following conditions: 1. Conditional Use Permit 03-1 at 347 Main St. #B is approved for an outdoor food service area, with a maximum of 8 outdoor seats at 2 separate 4-person tables located adjacent to the building, fronting Main St. 2. A minimum 4 foot wide pedestrian path must be maintained at all times between the rear of the seat of the tables and the curb face. This will satisfy the requirements of the Americans with Disabilities Act (ADA). 3. The applicant will prominently display these Conditions of Approval m a location within the businesses' customer area that is acceptable to the Director of Development Services. 2 oS Plannmg CommiSSIOn ResolutIOn No 03-5 ConditIOnal Use Permit 03-/ QUlzno 's - 374-B Mam Street February /9, 2003 4. In the event staff determines security problems exist on the site, the Conditions of this permit may be alTIended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 5. A modification of this Conditional Use Permit shall be 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 operations of the establishment. 6. 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 PlalIDing Department; and until the ten (10) calendar-day appeal period has elapsed. 7. The hours of operation shall be 11 AM to 9 P.M Monday through Saturday, and 11 AM to 8 PM on Sunday. 8. In the event staff determines security problems exist on the site, the conditions of this permit may be alTIended, under the procedures of the Seal Beach Municipal 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 (1) year of the date of final approval, or such extension of time as may be granted by the PlalIDing 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 sale of alcohol on the premises unless the City has expressly authorized such sale in a conditional use permit and the State of California Department of Alcoholic Beverage Control has issued a license for such sale. 13. There shall be no live entertainment, amplified music, or dancing on the premises at any time, unless the City expressly authonzes such actiVIty in a condItional use permit, and unless consistent with any conditions of the State of California Department of Alcoholic Beverage Control if the Department has issued a license for the sale of alcohol. 14. The proposed facility 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 alTIended. Should complaints be received regarding noises generated by the facility, the PlalIDing Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the proviSIOns of Chapter 13D. 3 i' 15. Plannmg CommiSSIOn ResolutIOn No 03-5 ConditIOnal Use Permit 03-1 QUlzno 's - 374-B Mam Street February 19,2003 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, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the 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, firm, corporation or property for dalTIage, 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 fees, and any award of dalTIages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 16. The term of this permit shall be twelve (12) months. At the end of the initial term, 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 permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of February, 2003, by the following vote: AYES: Commissioners Hood, Ladner, Sharp, Deaton, Shanks NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners David Hood, Ph.D. Chairman of the Planning Commission 4