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HomeMy WebLinkAboutPC Res 04-40 - 2004-09-22 ORIGINAL NUMBER 04 - 40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT NO. 03-2, ALLOWING FOR THE CONTINUED OPERATION OF A WALK UP / TAKE OUT RESTAURANT AT 142-B MAIN STREET, SEAL BEACH (A SLICE OF NEW YORK PIZZA) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 20, 2004, Michael P. May (the "Applicant") filed an application with the Department of Development Services for CondItional Use Permit 03-2 (Indefinite Extension) for the continued operation of a walk up / take out restaurant at 142 - B 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 03-2 (Indefinite Extension) for the 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 U se LimItations), because the proposal involves the continuation of an existmg land use; pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves no 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 use 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 September 22, 2004, to consider the application for CUP 03-2 (Indefinite Extension). No wntten evidence was submitted for or against the project, and at the public hearing no one spoke in favor ofthe request and no one spoke in opposition. Section 4. The record of the hearing of September 22, 2004 indicates the followmg: (a) On July 20,2004, Michael P. May submitted an applicatIOn for CUP 03-2 (Indefinite Extension) with the Department of Development Services. (b) The applicant is proposing to continue operating a walk up / take out restaurant with a maximum of 10 seats. The applicant has been operating the eXIsting restaurant essentially within the Conditions of Approval; and continued compliance with the Conditions of Approval will ensure compatibility with the surrounding land uses. (c) The subject restaurant contains approxImately 680 square feet. The property IS located on the east side of Main Street approximately 100 feet south of Central Avenue, within the Main Street Specific Plan Zone. (d) The subject property is legally descnbed as Orange County assessor's parcel number 199-044-33. (e) The subject property is legally nonconforming due to inadequate parkmg. However, the City considers changes of land use, which create a lower demand for parking to be a net positive gain to the City, and routinely approves such requests. (g) The surrounding land uses and zoning are as follows: NORTH, SOUTH AND WEST Commercial business along Main Street, in the Main Street Specific Plan (MSSP) Zone. Page 1 of4 Plannzng Commzsszon ResolutIOn No 04-40 Condztzonal Use Permzt 03-2 (Indefinzte ExtensIOn) A Slzce of New York Pizza - /42-B Mam Street September 22,2004 EAST 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 followmg findings: . Conditional Use Permit 03-2 (Indefinite Extension) is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" zoning designation for the subject property and permits restaurants subject to the Issuance of a conditional use permit. The proposed conditional use permit (Indefinite Extension) is to contmue operating 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 business has been operating since August of 2003 and the City has not received any complaints regarding the business. . The building and property at 142- B Main Street are adequate in size, shape, topography and location to meet the needs of the existing and continued 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 03-2 (Indefinite Extension), subject to the following conditions: 1. CUP No. 03-2 (Indefinite Extension) is approved for the continued operation of a walk up / take out restaurant located at 142-B Main 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 debns 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 ten (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 on the property at any time. 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. Page 2 of4 Planmng Commlsszon Resolutzon No 04-40 Condltzonal Use Permit 03-2 (Indefimte Extenszon) A Slzce of New York Pizza - 142-B Mam Street September 22, 2004 8. The restaurant shall not provide delivery service, and shall not use a third party to provide delivery service, after 10:00 p.m. The restaurant shall not accept any orders for delIvery that would result in a vehicle returning to the restaurant after 10:00 p.m. 9. This CUP (Indefinite Extension) shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant m the presence of the Director of Development Services, or notarized and returned to the Plannmg Department; and until the ten (10) calendar-day appeal period has elapsed. 10. 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. 11. 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, including but not limited to the congregation of minors, violence, publIc drunkenness, vandalism, solicitation and/or litter. 12. 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 13. 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 damage, 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 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 22nd day of September 2004 by the following vote: AYES: Commissioners Ladner, Deaton, Roberts, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners None (/~ ~ . il Ladner Chairperson, Planning Commission Page 3 of4 **** Page 4 of4 Planmng CommIssIOn ResolutIOn No 04-40 CondItIOnal Use Permit 03-2 (Indefimte ExtensIOn) A Slzce of New York PIzza - 142-B Mam Street September 22, 2004