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HomeMy WebLinkAboutPC Res 09-16 - 2009-04-08 RESOLUTION NUMBER 09-16 OR/G/N4L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 09-3 FOR THE ESTABLISHMENT OF A NEW RESTAURANT AND THE ON-PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPOSED RESTAURANT AT 210 MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 5, 2009, Yong & Jane Park (the "Applicants") filed an application with the Department of Development Services for Conditional Use Permit 09-3 requesting approvals of the following requests: o To establish a new restaurant; and o To allow the new restaurant to operate with a Type 41 (Beer & Wine - Eating Place) ABC license. Section 2. Pursuant to 14 Calif. Code of Regs. S 15301 staff has detennined as follows: The application for CONDITIONAL USE PERMIT 09-3 for the requested land use entitlements for a new restaurant and to allow the new restaurant to operate with a Type 41 (Beer & Wine - Eating Place) ABC license is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 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. Section 3. A duly noticed public hearing was held before the Planning Commission on April 8, 2009, to consider the application for CONDITIONAL USE PERMIT 09-3. At the public hearing the applicant was in attendance, with persons appearing in favor of the request. Additional written communications in favor of and in opposition to the subject application were received into the record by the Planning Commission Section 4. The record of the hearing of April 8, 2009 indicates the following: (a) On March 5, 2009, Yong & Jane Park (the "Applicants") filed an application with the Department of Development Services for Conditional Use Permit 09-3. lof5 Planning Commission Resolution 09-/6 Conditional Use Permit 09-3 2/0 Main Street (Waki Sushi) April 8, 2009 (b) Specifically, the applicant is requesting approvals of the following requests: o To establish a new restaurant; and o To allow the new restaurant to operate with a Type 41 (Beer & Wine - Eating Place) ABC license. (c) assessor's parcel # 199-043-12. The subject property IS described as Orange County (d) The proposed restaurant is approximately 1,087 square feet in size and the proposed floor plan shows approximately 14 seats at tables and an additional 8 seats at a bar area located along the southern interior portion of the restaurant. (e) The subject property is a rectangular shaped property that is 25' -0" feet wide by 117' -6" feet deep. The proposed lease space for the restaurant shows an approximately 21'-11" by 55'-9" area. The property is developed with an existing single-story retail building fronting Main Street, as well as a two-story residential property with a single car garage at the rear ofthe building. (f) There is no record of the property receiving any previous discretionary approvals or use permits from the City. The most recent business that was located on the property was "Sweet Berry Bliss", a frozen yogurt shop. This previous business was "grandfathered" as a permitted use within the Main Street Specific Plan zone, and was also known as "Grandma's Cookies" prior to the establishment ofthe frozen yogurt shop. (g) Aside from the residential unit on the premises, the nearest residential properties are located to the rear of the subject premises, east of the alley to the rear of the property, approximately 75 feet from the proposed business. (h) The surrounding land uses and zoning are as follows: NORTH, SOUTH, and WEST EAST Retail businesses in the Main Street Specific Plan (MSSP) Zone. Residential uses in the Residential High Density (RHD) Zone (i) At the public hearing the Planning Commission received all evidence and testimony presented into the record of the hearing. Section 5. Based upon the facts contained in the record, including those stated in 94 ofthis resolution and pursuant to 99 18-1250,28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 09-3, as proposed, is inconsistent with the provisions of the Land Use Element of the City's General Plan, which provides a Main 20f5 Planning Commission Resolution 09-16 Conditional Use Permit 09-3 210 Main Street (Waki Sushi) April 8, 2009 Street Specific Plan zoning designation for the subject property. The use is also inconsistent 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 inconsistent with the General Plan based on the following: (1) The proposed project would result in an adverse addition to the commercial character of Main Street by providing for an over-concentration of restaurant businesses within the Main Street area, which impacts parking availability for both residents ofthe community and visitors to the City. (2) The proposed restaurant use cannot provide any on- site parking, resulting in adverse impacts to parking availability for both residents of the community and visitors to the City within the Main Street Specific Plan area and the adjoining residential areas of the City. (3) The proposed use of the subject premises as a restaurant with alcohol sales is incompatible with the surrounding neighborhood given the existing overconcentration of restaurant uses, and in particular, restaurant uses with alcohol licenses within the "Old Town" area of the City, as set forth in the Planning Commission Staff Report. There are currently 17 restaurants operating within the Main Street Specific Plan area that have on-premise alcohol licenses. In addition there are 2 bars located within the Main Street Specific Plan area. (b) The proposed use, as proposed by the project applicant, is inconsistent with the intent and purpose and vision established for the Main Street Specific Plan based on the following: (1) The proposed restaurant is located within a Census Tract, 995.11, that has been identified by the State Department of Alcoholic beverage Control as being over-concentrated. Issuance of an additional alcohol sales license would be incompatible with the goals and policies of the Main Street Specific Plan, based on the alcohol and drug related incident and arrest information entered into the record of the public hearing. (2) The record of alcohol and drug related incidents and arrests presented by the Police Department, and included within the Planning Commission Staff Report, regarding the Main Street Specific Plan Area indicate a direct correlation with alcohol sales and these types of incidents and arrests, and further indicate that restaurants with an alcohol license generate more such incidents that establishments without alcohol sales licenses. (3) The proposed use of the subject premises as a restaurant with alcohol sales is incompatible with the surrounding neighborhood given the existing overconcentration of alcohol licenses within the "Old Town" area of the City, as set forth in the Planning Commission Staff Report and also would result in adverse impacts to parking availability for both residents of the community and visitors to the City within the Main Street Specific Plan area and the adjoining residential areas of the City (c) The building and property at 210 Main St. are inadequate in size, shape, topography and location to meet the needs of the proposed use of the property, based on the following: (1) The subject property is a rectangular shaped property that is 25'-0" feet wide by 117' -6" feet deep. The proposed lease space for the 3 of5 Planning Commission Resolution 09-16 Conditional Use Permit 09-3 210 Main Street (Waki Sushi) April 8, 2009 restaurant shows an approximately 21'-11" by 55'-9" area. The property is developed with an existing single-story retail building fronting Main' Street, as well as a two-story residential property with a single car garage at the rear ofthe building. (2) Based on the configuration of the proposed restaurant's floor plan, the use would encompass a floor area of 1,087 square feet. The required parking ratio for restaurants is 1: 1 00. Thus, the proposed restaurant would need 11 parking spaces. The proposed restaurant use would be 'grandfathered' for three (3) parking spaces, based on the MSSP parking requirements for general retail uses (1 :500). Thus, the Municipal Code requires 8 more spaces. As noted above, the applicant cannot provide anyon-site parking, resulting in adverse impacts to parking availability for both residents of the community and visitors to the City within the Main Street Specific Plan area and the adjoining residential areas of the City. (d) The proposed use does result in a 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 based on the following: (1) The proposed restaurant with on-premise alcohol sales would result in an adverse addition to the commercial character of Main Street by providing for an over-concentration of restaurant businesses within the Main Street area, which impacts parking availability for both residents of the community and visitors to the City. There are currently 17 restaurants operating within the Main Street Specific Plan area that have on- premise alcohol licenses. In addition there are 2 bars located within the Main Street Specific Plan area. (2) The proposed restaurant is located within a Census Tract, 995.11, that has been identified by the State Department of Alcoholic Beverage Control as being over-concentrated. (3) The record of alcohol and drug related incidents and arrests presented by the Police Department, and included within the Planning Commission Staff Report, regarding the Main Street Specific Plan Area indicate a direct correlation with alcohol sales and these types of incidents and arrests, and further indicate that restaurants with an alcohol license generate more such incidents that establishments without alcohol sales licenses. (4) The proposed use of the subject premises as a restaurant with alcohol sales is incompatible with the surrounding neighborhood given the existing overconcentration of alcohol licenses within the "Old Town" area of the City, as set forth in the Planning Commission Staff Report, and the utilization of the In-Lieu parking program does not result in the creation of additional parking spaces within the Main Street Specific Plan area, resulting in additional adverse impacts to parking availability for both residents of the community and visitors to the City within the Main Street Specific Plan area and the adjoining residential areas of the City. ( e) The use will not contribute to the unique character of Main Street and the qualities that provide Main Street a sense of identity based on the following: (1) The proposed restaurant with on-premise alcohol sales would result in an adverse addition to the commercial character of Main Street by 40f5 Planning Commission Resolution 09- J 6 Conditional Use Permit 09-3 2/0 Main Street (Waki Sushi) April 8, 2009 providing for an over-concentration of restaurant businesses within the Main Street area, which impacts parking availability for both residents ofthe community and visitors to the City. (2) The record of alcohol and drug related incidents and arrests presented by the Police Department, and included within the Planning Commission Staff Report, regarding the Main Street Specific Plan Area indicate a direct correlation with alcohol sales and these types of incidents and arrests, and further indicate that restaurants with an alcohol license generate more such incidents that establishments without alcohol sales licenses. (3) The proposed use of the subject premises as a restaurant with alcohol sales is incompatible with the surrounding neighborhood given the existing overconcentration of alcohol licenses within the "Old Town" area of the City, as set forth in the Planning Commission Staff Report. Section 6. Based upon the foregoing, the Planning Commission hereby denies Conditional Use Permit 09-3 without prejudice. Section 7. The Planning Commission hereby recommends that the City Council waive the appeal fee if this decision is appealed to the City Council by the project applicant. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 8th day of April 2009 by the following vote: AYES: Commissioners Deaton, Eagar, Larson, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Bello ABSTAIN: Commissioners None ~o~ ./ Ellery Deaton Chairperson, Planning Commission L e ittenberg Secretary, Planning Commission ***** 5of5