HomeMy WebLinkAboutPC Res 04-23 - 2004-04-21
RESOLUTION NUMBER 04-23
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 02-8 (INDEFINITE
EXTENSION), APPROVING THE CONTINUED USE
OF AN OUTDOOR FOOD SERVICE AREA IN
CONJUNCTION WITH A RESTAURANT (BAJA
FRESH) AT 12800 SEAL BEACH BOULEVARD
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On March 30, 2004 Elizabeth Koh (the "ApplIcant") filed an
application wIth the Department of Development Services for Conditional Use PermIt 02-8
(Indefinite ExtenSIOn). A condItional use permit is required to allow for the prOVIsion of outdoor
seating for a restaurant business (Baja Fresh) at 12800 Seal Beach Boulevard.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III
of the CIty'S Local CEQA Guidelines, staff prepared an InItial Study and a Draft Environmental
Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old
Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was
circulated for public review and comment from April 15, 1998 to May 29, 1998, m compliance
with the provisions of the California Environmental Quality Act (CEQA) and the CIty'S Local
CEQA Guidelines. Upon completion of the publIc reVIew period, the Planmng CommIssion at a
public hearing held on September 9, October 21, and November 4, 1998 reVIewed a Fmal
Environmental Impact Report. After the public hearing, the Planning CommISSIon found,
through the adoption of Planning CommIssion Resolution No. 98-37 that the Bixby Old Ranch
Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under
CEQA. After considering the Fmal EIR and publIc testimony thereto at a public hearing on
November 9 and November 17, 1998, the City Council adopted CIty CouncIl Resolution No
4660, certIfymg the Final EIR and adoptmg a statement of overriding considerations. On August
23, 1999, the CIty Council conducted a publIc heanng to consider revisions to the EIR and a
statement of overnding considerations pursuant to the August 3, 1999 wnt issued by the Orange
County Supenor Court. The approval of thIS resolution IS wIthm the scope of the project
analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 IS hereby
incorporated by thIS reference.
Section 3. A duly noticed public hearing was scheduled before the Planning
Commission on April 21, 2004, to consider the application for Conditional Use Permit 02-8
(Indefinite Extension).
Section 4.
The record of the hearing of Apnl 21, 2004 indicates the
followmg:
(a) On March 30, 2004, ElIzabeth Koh (the "Applicant") filed an application
with the Department of Development Services for CondItional Use PermIt
02-8 (Indefinite Extension).
(b) A conditional use permit is reqUired to contmue to allow for the proviSIOn
of outdoor seating for a restaurant busmess (Baja Fresh) at 12800 Seal
Beach Boulevard.
(c) The applicant is proposmg to provide a maxImum of 36 outdoor seats in
conjunction WIth a restaurant business, on property located on the east side
of Seal Beach Boulevard at Lampson Avenue.
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Planmng CommISSIOn ResolutIOn 04-23
CondItIOnal Use PermIt 02-8 - 12890 Seal Beach Blvd (Baja Fresh)
Apnl 21, 2004
(d) The proposed development is located in the General Commercial (C-2)
zone within a 3-acre commercial shopping center site located at the
southeast corner of Seal Beach Boulevard and Lampson Avenue.
(e) Surrounding land uses and zoning are as follows:
North - BIXby Old Ranch County Club & Golf Course
South - Recently approved and under construction Ayres Hotel & 405
Freeway
East - Recently approved SunrIse Semor Care Facility
West - Across Seal Beach Boulevard, in the Bixby Office Park SpeCIfic
Plan zone is the Bixby Office Park office bUIldmgs and
Spaghettini's restaurant.
(f) The City Council has approved requests by the BIxby Ranch Company for
General Plan amendments, zone changes, subdivision map approvals and
development agreement approvals to conform the General Plan land use
designations and zoning of the subject area to conform to the proposed
uses of land set forth in this applicatIon.
(g) The proposed development plan complies with all City standards
regarding mimmum 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 Planmng Commission makes the
following findings:
a CUP No. 02-8 (Indefinite Extension) is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "general commerCIal" 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. Accordingly, the proposed use is consistent with the General Plan.
a The buildmg 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.
a Required adherence to applicable bUIlding and fire codes ensure there will be adequate water
supply and utilities for the proposed use.
a The nearest homes to the requested outdoor seating area are to west of the shopping center, m
excess of 500 feet. Given the nature of the outdoor seatmg area and the orientation of the
seating area away from the residential development and the distance to existmg residential
areas, the proposed outdoor seatmg area IS compatible with the character of the surroundmg
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.
o The number of provided parking spaces within the shopping center is 26 spaces in excess of
the city standards, inclusive of the proposed additional square footage for outdoor dimng.
The total required parking for the shopping center is 122 spaces; there are a total of 148
parkmg spaces provided. As such, the proposed use meets all on SIte parking requirements of
the City.
Section 6. Based upon the foregoing, the Plannmg Commission hereby
approves Conditional Use Permit 02-8 (Indefinite Extension), subject to the following
conditions:
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Plannmg CommISSIOn ResolutIOn 04-23
CondItIOnal Use Pennlt 02-8 - 12890 Seal Beach Blvd (Baja Fresh)
April 21, 2004
I. Conditional Use Permit 02-8 (Indefinite Extension) at 12800 Seal Beach Boulevard is
approved for an outdoor food service area, with a maximum of 36 outdoor seats 2
separate three person tables, and 6 separate five person tables located adjacent to the
storefront, on the south and east sIde of the building.
2. Maintain a minimum of a 5-foot clear pedestnan path between the proposed extenor seats
and tables and any adjacent structure columns, drive isle, or park10g lot.
3. The applIcant will prominently display these Conditions of Approval in a location wIthin
the businesses' customer area that is acceptable to the Director of Development Services.
4. In the event staff determ10es 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 provision of additional secunty 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 10 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 Planning
Department; and until the ten (10) calendar-day appeal penod has elapsed.
7. The hours of operation shall be 11 :00 AM to 11 P.M. daily.
8. In the event staff determines security problems exist on the site, the condItions of this
permit may be amended, 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
Planning Commission pursuant to a written request for extenSIon submitted to the
Department of Development Services a minimum of n10ety (90) days prior to such
expiratIon date.
12. There shall be no live entertainment, amplified music, or dancing permitted on the
premises at any time, unless speCIfically authorized by a conditional use permit issued by
the City and unless such uses are conSIstent with the license conditions imposed by the
State of California Department of Alcohohc Beverage Control
13. 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
amended. Should complaints be received regarding noises generated by the facility, the
Planning 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.
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Planning CommISSIOn ResolutIOn 04-23
CondItIOnal Use Permit 02-8 - 12890 Seal Beach Blvd (Baja Fresh)
Apnl 21, 2004
14. 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 m connectIOn with the performance of
the use permitted hereby or the exercise of the rights granted herem, 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 indemmfy, defend and hold hannless the CIty as stated herem
shall include, but not be limited to, paymg all fees and costs mcurred by legal counsel of
the City's chOIce in representing the CIty m 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 21 sl day of Apnl 2004, by the following vote:
AYES: Commissioners
Sharp, Deaton, and Eagar
NOES: Commissioners
None
ABSENT: Commissioners Ladner and Shanks
James arp
ChaIrperson, Planning CommiSSIon
Lee WhIttenberg
Secretary Planning Commissio
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