HomeMy WebLinkAboutPC Res 04-52 - 2004-11-03
RESOLUTION NUMBER 04-52 0
A RESOLUTION OF THE PLANNING 'RICIIlI/!
COMMISSION OF THE CITY OF SEAL BEACH ,..., !..
APPROVING CONDITONAL LUSE PERMIT NO.
03-3 (INDEFINITE EXTENSION), ALLOWING
FOR THE OPERATION OF A WALK-UP/TAKE-
OUT RESTAURANT AT 133 ~ MAIN STREET,
SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On September 27, 2004, Melinda Marciuliano (the "Applicant")
filed an application with the Department of Development ServIces for an Indefimte Extension of
CondItional Use Pennit 03-3 for the operation of a walk up / take out restaurant with sales of
beer and wine for off-site consumption at 133 Y2 Main Street, Seal Beach.
Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and ~l1(B)
of the City's Local CEQA Guidelines, staff has detennined as follows: the application for CUP
03-3 (Indefinite Extension) for the proposed walk up/take out restaurant is categorically exempt
from review pursuant to the California Enviromnental 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 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 November 3, 2004, to consider the application for CUP 03-3 (Indefinite
Extension). 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 of the hearing of November 3, 2004 indicates the
followmg:
(a) On September 27,2004, Melinda Marciulano, the applicant, submItted an
application for CUP 03-3 (Indefinite Extension) at 133 Y2 Main Street. Specifically, the
applicant is proposing to continue to sell sandwiches, take-out food items, deli meats and
cheeses, and specialty groceries.
(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 west side of Main Street, in the 100 block, within the Main Street
Specific Plan Zone.
(d) The subject propeIiy 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.
(f) The surrounding land uses and zoning are as follows:
NORTH, SOUTH
AND EAST
Commercial business along Main Street, in the Mam
Street Specific Plan (MSSP) Zone.
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Planlllng CommlSMon ResolllllOn No 04-52
CUP 03-3 (/ndefilllte ExtensIOn)
J 33 ~ Mam Street (Angelo's ItalulIl Dell)
November 3, 2004
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 g4 of this resolution and pursuant to gg28-1250, 28-1400, 28-2503, and 28-2504 of the City's
Code, the Planning Commission makes the following findings:
. Conditional Use Pennit 03-3 (Indefinite Extension) is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
"Main Street Specrfic Plan" zoning designation for the subject property and
pennits restaurants subject to the issuance of a conditional use pennit. The
proposed conditional use pennit 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 Y2 Main Street are adequate in size, shape,
topography, and location to meet the needs of the proposed use of the property.
. The proposed use is consistent with the intent and purpose and vision estabhshed
for the Mam Street Specific Plan.
. The proposed use does not conflict with the Specific Plan's goal to establish and
maintain a balanced mix of uses that serve the needs of both local and non-local
populations.
. The use will contnbute to the unique character of Main Street and the qualities
that provide the Main Street sense of identity.
. The proposed use complies WIth all applicable City CouncIl policies, such as the
policIes the Council has adopted concerning alcohol serving uses.
. The Police Department has not had a history of calls to this location.
. 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 Pennit 03-3 (Indefinite Extension), subject to the following
conditions:
1. CUP No. 03-3 (Indefinite Extension) is approved for the operation of a walk up / take out
restaurant located at 133 Y2 Main Street, Seal Beach.
2. No video games or similar amusements shall be permitted on the premises unless a separate
conditional use pennit 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
pennit may be amended, under the procedures of The Code of the City of Seal Beach, to
require the provisions of addItional security measures.
Page 2 of4
Planlllng ComnllsslOn ResolutIOn No 04-52
CUP 03-3 (lndefilllte ErtenslOn)
133 'l1 Mal11 Street (Angelo's ltahan Deh)
November 3, 2004
6. There shall be no live entertainment, amplified music, or dancing pennitted.
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" fonn 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 Plmming 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 hann or retail-related problems
are demonstrated to occur as a result of criminal or anti-social behavior, mcluding but not
limIted to the congregation of minors, violence, public drunkenness, vandalism, solicitation
and/or litter.
II. 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 minimum of ninety (90) days prior to such expiration date.
12. There shall not be a service window, which will facilitate food dispersal.
13. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and
7:00 a.m. to II :00 p.m., Friday, Saturday, and holidays.
14. The Director of Public Works/City Engineer shall evaluate the need for trash facilities directly
in front of the subject business location. Upon detennination and discretion ofthe Director of
Public Works/City Engineer, the proposed project applicant shall either:
a. Pay the City of Seal Beach to provide a trash container, which will be emptied by
City forces, to be placed adjacent to or in the nearby vicinity of the business
operation, or
b. The business operator shall purchase its own container, in a style approved by the
Department of Public Works, and shall place said container within the public right-of-
way and/or directly adjacent to its place of business during business hours. The
busmess operator shall empty and remove the con tamer from the public right-of-way
at the end of each business day.
15. The business operator to stemn-clean the public sidewalk in fi'ont of their store area on a
quarterly basis, and to participate in any City-sponsored sidewalk stemn cleaning progrmn that
the City may ultimately establish in the future. The business operator shall provide proof to the
City on a yearly basis of complim1ce with said sidewalk steam-clemling progrmn.
16. The applicant shall indemnify, defend and hold hannless City, its officers, agents and employees
(collectively "the City" hereinafter) from any and all claims and losses whatsoever occurrmg or
resulting to any and all persons, finns, or corporations furnishing or supplying work,
services, materials, or supplies in connection with the perfonnance of the use pennitted
hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or
Page 3 of4
Plall/lllIg CommlSSlO1l ResolutlOll No 04-52
CUP 03-3 (Illdefilllte ExtenslOll)
133 Y2 Mam Street (Angelo's llalulll DelL)
November 3. 2004
actions arising from the granting of or the exercise of the rights penmtted by this
Conditional Use Pennit, and from any and all claims and losses occurring or resulting to
any person, finn, corporation or property for damage, injury or death arising out of or
connected with the perfonnance of the use pennitted herby. 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, expeI1
witness fees, and any award of damages, judgments, verdicts, court costs or attorney's 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 the 3rd day of November 2004 by the following vote:
AYES: Commissioners Shanks, Deaton, Roberts, and Sharp
NOES: Commissioners None
ABSENT: Commissioners Ladner
~~
Gordon Shanks
Vice-Chairperson, Planning Commission
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