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HomeMy WebLinkAboutPC Res 04-31 - 2004-06-16 RESOLUTION NUMBER 04-31 OR/G/II!- A RESOLUTION OF THE PLANNING COMMISSION OF THE '4 L CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 04-4, ALLOWING FOR THE OPERATION OF A WALK-UP/TAKE-OUT RESTAURANT AT 148 MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 4, 2004, Alan Grant (the "Applicant") filed an application with the Department of Development Services for Conditional Use PermIt 04-4 for the operation of a walk up / take out restaurant at 148 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 determmed as follows: the application for CUP 04-4 for the proposed walk up take out restaurant is categorically exempt from review pursuant to the California EnVIronmental Quahty 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 June 16, 2004, to consider the application for CUP 04-4. 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 June 16,2004 indicates the following: (a) On May 4, 2004 Alan Grant submitted an application for CUP 04-4 with the Department of Development Services. (b) Specifically, the applicant is proposing to operate a walk up / take out restaurant with no more than 10 seats. (c) The subject restaurant contains approximately 998 square feet. The property is located on the east side of Main Street approximately 50 feet south of Central Avenue, within the Main Street Specific Plan Zone. (d) The subject property is legally described as Orange County assessor's parcel number 199-044-34. (e) 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. 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 following findings: . Conditional Use Permit 04-4 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 Page 1 of4 Planning CommIssIOn ResolutIOn No 04-31 CondItIOnal Use PermIt 04-4 - 148 Main Street June 16, 2004 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 148 Main Street are adequate m size, shape, topography and location to meet the needs of the 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. . The land use, as conditioned, meets and is consistent with, the mtent and purpose and visions of the Main St. Specific Plan, as it provides a retail food establishment that will serve both residents and visItors. . The land use, as conditioned, WIll contribute to the unique character of Main St. and the qualities that provide Main St. a sense of identity by providing an alternative restaurant product type to traditional sit down seating. The use will allow both visitors and residents to have the opportunity for walk up take out dining in an informal atmosphere on Mam St. where very few options for this type of dining currently exist. . The land use, as condItioned, meets and is compliant with, all applicable City Council policies, includmg those associated with alcohol service. The subject business will not be serving alcohol. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 04-4, subject to the following conditions: 1. CUP 04-4 is approved for the operation of a walk up / take out restaurant located at 148 Main Street, Seal Beach. All interior floor plans shall be in compliance with those submitted as part of the application for CUP 04-4. 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 estabhshment 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 wIthin the outdoor dining area 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. 8. This CUP 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 Page 2 of 4 Plannmg CommISSIOn ResolutIOn No 04-31 CondItIOnal Use PermIt 04-4 - 148 Main Street June 16, 2004 Development Services, or notanzed and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 9. A modification ofthis 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 crimmal or anti-social behavIOr, includmg but not limited to the congregation of minors, 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 minimum of ninety (90) days prior to such expiration date. 12. The term of this permit shall be twelve (12) 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 an indefinite extension, whIch will mvolve a full public hearing before the City Planning Commission. 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. The Director of Public Works/City Engmeer shall evaluate the need for trash facilities directly in front of the applicant's proposed place of business. Upon the determination and discretion of the Director of Public Works/City Engineer, the project applicant shall eIther: Pay the City of Seal Beach to provide a trash contamer, which wIll be emptied by City forces, to be placed adjacent to or in the nearby vicinity of the business, and pay collection charges as reqUITed by the Municipal Code; or Purchase his or her own container, in a style approved by the Department of Public Works, and shall place it during business hours within the public nght of way and/or directly adjacent to the business in a location approved by the Department of Public Works, and the applicant shall empty and remove the container at the end of each business day. 15. The Director of Public Works/City Engineer shall evaluate the need for a bike rack directly in front of the applicant's proposed place of business. Upon the determination and discretion of the DIrector of Public Works/City Engineer, the project applicant shall Pay the CIty of Seal Beach to provide a bIke rack, which will be maintained by City forces, to be placed adjacent to or in the nearby vicinity of the business. 16. The applicant shall mdemnIfy, 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, matenals, 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 ansing from the granting of or the exercise Page 3 of4 Planning CommIssIOn ResolutIOn No 04-31 CondItIonal Use PermIt 04-4 - 148 Mam Street June 16, 2004 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 hmited 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 attorneys' 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 16th day of June 2004 by the following vote: AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None at- Mac Cummins, AICP Secretary, Planning Commission **** Page 4 of 4