Loading...
HomeMy WebLinkAboutPC Res 03-01 - 2003-01-08 RESOLUTION NO. 03-1 O/(/e//I 'II4L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL THAT A "W ALK-UP/TAKE-OUT RESTAURANT WITH LIMITED SEATING" BE ALLOWED WITHIN THE MAIN STREET SPECIFIC PLAN AREA, SUBJECT TO APPROV AL OF A CONDITIONAL USE PERMIT THE PLANNlNG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, On December 5, 2002, James Markham inquired about opening a Walk- Uprrake Out restaurant with limited seating on Main Street; and WHEREAS, City Staff reviewed the inquiry and was uncertain how to classifY the use on Main Street, since it was not listed as a permitted or conditionally pennitted use; and WHEREAS, Pursuant to Sections 28-1250 and 28-2202 of the Code of the City of Seal Beach, a hearing was held before the Plwming Commission on January 8, 2003 to clarifY the alTIbiguity; and WHEREAS, The Planning COlmnission made the following findings regarding the request for clarification of wnbiguity: 1. A "walk-up/take-out restaurant with limited seating" land use is not specified within the Main Street Specific Plan Zone land uses in Section 28-1250. The code does, however, pennit the PlalIDing Commission the discretion to acknowledge one use as being predominantly simIlar to another under the provisions of Sections 28- 1250 and 28-2202. Also, the Code permits a Take-Out/Walk-Up Restaurant within the C-l zoning, subject to a conditional use permit. 2. In 1993, the PlalIDing Commission heard a case similar to this one on Main Street, at l23V2 Main Street, which at the time was zoned C-l. The COlmnission resolved that a bakery to be located at 123 V2 Main Street should be considered to be a walk-up/take out restaurant and the Commission recommended to the City Council that the use be permitted. The City Council concurred with that detennination. 3. In January and February 2000, under the provisions of the Main Street Specific Plan and the Main Street Specific Plan zoning provIsions, the Planning Commission and ultimately the City Council considered a similar request. At that time the Planning Commission and City Council detennined that a walk-up/take-out restaurant without seating, as defined in Section 28-268 of the Code of the City of Seal Beach be allowed subject to approval of a Conditional Use Permit within the Main Street Specific Plan zone. 4. This request very closely parallels the January/February 2000 determinations of the Planning Commission and City Council, except that the request is to expand the definition to allow a limited seating capacity within the walk-up/take-out restaurant facility. The Main Street Specific Plan zone, as modified by the January/February 2000 C \DocllmCl1t~ and Scttmgs\LWhlttcnberg\My DoclImcnts\RESO\Walk-Up RcstaUlanl WIth Sealmg PC Rcso doc\LW\OI-QS-03 Planning COlllnUSSlOn ResolutIon 03-1 Deterllll11allon re: Walk-UplTake-Out Restaurant lVith Interior Seatl11g- Mam Street Specific Plan Area Jal1liGl)' 8. 2003 determinations of the Planning Commission and City Council, did not allow for walk-up/take-out restaurants with limited seating at all within the zone. 5. The Planning Commission finds that this use most closely parallels the Coffee House/Desert Shop use with a limitation as to the number of seats currently pennitted by right in the Main Street Specific Plan zone, if the size of the business is less than 1,000 square feet. The coffee house/desert shop type of businesses were detennined to be more similar to a retail use, as the main customer base is expected to be persons who are coming to Main Street for some other purpose than to purchase just coffee or a desert. Under this expectation, it is assumed that the food service business is not a primary destination point, and that no additional substantial parking demand is placed on the existing parking available on Main Street. 6. The Planning Commission finds that a Conditional Use Pennit (CUP) would be necessary before any operation would be allowed to commence for said land use. The CUP process allows: a) public notification to propeIiy owners and occupants of all properties within 300 feet of a requested property location; b) conducting a public hearing before the Planning Commission; c) the ability of the Planning Commission to consider each request on its individual merits, operation characteristics, and potential impacts to the surrounding properties and community; 4) the ability of the Planning Commission to impose site specific conditions to effectively mitigate potential negative impacts of the requested land use upon adjoining properties; and 5) the ability of the Planning Commission to deny a request if the Commission detennines negative impacts cannot be adequately mitigated by imposition of conditions. 7. The proposed use would be a beneficial use to the area in that very few food establishments of this nature are present on Main Street. This use would allow the provision of additional food service restaurants to serve beach going customers and other visitors to the Main Street area a less expensive meal than some of the other eating establishments in the area. 8. Tills land use will not create parking problems above and beyond the I space for 500 square feet requirement currently placed on coffee houses/desert shops and other mainly retail sale businesses within the Main Street Specific Plan area. This is based on the belief that take out restaurants with limited seating serve a clientele which is already present on Main Street for another purpose; i.e., to attend the beach, or shop or conduct business along Main Street. 9. This detennination would be consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" designation for the subject area and peImits a coffee house/deseIi shop with less than 10 seats and 1,000 square feet of business area land use by right within the Main Street Specific Plan zone and similar in nature to the previous detenninations ofthe City in February 2000 regarding the locating of a walk-up/take-out restaurant without any customer seating on Main Street subject to approval of a Conditional use Pennit. As such, the requested land use is consistent with the "Vision Statement" ofthe Main Street Specific Plan. 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 and the Main Street Specific Plan. Accordingly, the proposed use is consistent with the General Plan. Walk-Up RcslaUl,ml wIlh Scalmg PC Rcso 2 Plunl1lng COlll1lliSSIOn Resolutlon 03-1 DeterlllmaflOn re Walk-Up/Take-Ollt Restallral1t wlllt InferIOr Seatmg- Mam Street SpecIfic Plan AI ea Junumy 8. 2003 NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby recommends to the City Council that a "Walk-Uprrake-Out Restaurants, provided there is seating for no more than ten (I 0) customers and the gross square footage of the establishment does not exceed 1,000 square feet" land use be allowed within the Main Street Specific Plan Area, subject to the issuance of a Conditional Use Pennit. NOW, THEREFORE BE IT FURTHER RESOLVED that the Planning Commission hereby recommends to the City Council that said "Walk-Uprrake-Out Restaurants" shall not be pemlitted to have a take-out window oriented towards Main Street. Any such use that may be located facing Main Street shall have an interior location for any take-out counter or service area. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 8th day of January ,2003 by the following vote: AYES: Commissioners DEATON, LADNER, SHANKS, AND SHARP NOES: Commissioners ABSENT: Commissioners HOOD ABSTAIN: Commissioners e Whittenberg, Secretary Planning Commission '" Wnlk-Up ReslaUlanl With Seatmg PC Rc~o 3