HomeMy WebLinkAboutPC Res 04-04 - 2004-01-21
RESOLUTION NUMBER 04-4
ORIGINAL
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CONDITIONAL USE
PERMIT 04-1, ALLOWING A DRIVE THROUGH FAST FOOD
RESTAURANT AT THE PROPERTY LOCATED AT 13904 -
13962 SEAL BEACH BOULEVARD, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On September 30 2003, Lorenzo Reyes, on behalf of Carl's Jr.
(the "Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 04-1 for a drive through restaurant to be located the Leisure World
Shopping Center. The application was deemed Incomplete. The application was deemed
complete on December 22,2003. The proposed tenant would be Carl's Jr. and would be located
in a new building fronting Seal Beach Boulevard.
Section 2. Pursuant to 14 California Code of Regulations 915305 and 9II(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP
04-1 for the proposed interior remodeling is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 California Code of Regulations 915301
(Minor Alterations in Land Use Limitations), because the proposal involves a negligible
expansion of an existing use; pursuant to 915305 (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 January 21, 2004, to consider the application for CUP 04-1. No written
evidence was submitted for or against the project, and at the public hearing members of the
audience spoke both in favor and against the proposal.
Section 4.
The record of the hearing of January 21, 2004 indicates the
following:
(a) On September 30,2003, Lorenzo Reyes submitted an application for CUP
04-1 with the Department of Development Services. The application was deemed incomplete
and was resubmitted and deemed complete on December 22,2003.
(b) Specifically, the apphcant is proposing to operate a drive through
restaurant in a Service Commercial (C-l) zone.
(c) The property is located on the West side of Seal Beach Boulevard, north
of Westminster Avenue, in a Service Commercial (C-l) zone.
(d) The subject property is described as Orange County assessor's parcel
number 095-641-53.
(e) The subject property contains an existing shopping mall that has been in
operation for at least 25 years. The proposed restaurant would be a new building in the shopping
center.
(f) The surrounding land uses and zoning are as follows:
EAST Naval Weapons Station in the Public Land
Use/Recreation (pLU/R) Zone.
WEST & NORTH Residential Housing in a Residential High Density
(RHD) Zone (Leisure World).
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Planning CommIssIOn ResolutIOn No 04-4
CUP 04-1 Carl's Jr @ LeIsure World Shoppmg Center
January 21,2004
SOUTH
Various commercial developments in a Service
Commercial (C-l) Zone and Boeing Space and
Communications in a Light Industrial (M -1) Zone.
Section 5. Based upon the facts contained in the record, including those stated
in 94 of this resolution and pursuant to 9928-1300,28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
. Conditional Use 04-1 is consistent with the provisions of the Land Use Element of the City's
General Plan, which provides a "Service Commercial" zoning designation for the subject
property and permits restaurants with drive through windows 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 10, the Land
Use Element. Accordingly, the proposed use is consistent with the General Plan.
. The proposed change in use is consistent with surrounding residential and commercial uses,
as there are many restaurants currently in operation at this location.
. The proposed building and property at the Leisure World Shopping Center would be
adequate in size, shape, topography and locatIon to meet the needs of the proposed use of the
property and the proposed drive through window.
. 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 04-1, subject to the following conditions:
1. CUP No. 04-1 is approved for a drive through window in conjunction with a proposed
new restaurant located at the Leisure World Shopping Center, approximately 600 feet
north of W estminster Avenue.
2. The hours of operation shall be 6 AM to 11 PM for the in-store dining and 6 AM through
midnight for the drive through window (Sunday through Thursday), and 6 AM through
midnight for the in-store dining and 6 AM through 2 AM for the drive through window
(Friday and Saturday).
3. All construction shall be in substantial compliance with the conceptual plans approved by
CUP 04-1. Any change in floor plan or other deviation from the plans submitted as a part
ofthis application shall require an amendment to this Conditional Use Permit.
4. The following applicable water quality restrictions shall apply. The City Engineer shall
be the sole judge of whether or not any condition is applicable:
4.1 Prior to submittal of drainage improvement plans, the subdivider shall submit for
approval by the Director of Public Works/City Engineer a Master Plan of
Drainage for the subdivision.
4.2 The subdivider shall provide for a drainage system capable of handling and
disposing of all surface water originating within the subdivision and all surface
water that may flow onto the subdIVIsion from adjacent lands. Said drainage
system shall include any easements and structures required by the Department of
Public Works to properly handle the drainage, and shall be designed so as to
prevent ponding of surface water that would create a public health hazard or
nuisance. Said drainage system shall be designed in accordance with Orange
County Local Drainage Manual latest edztzon.
4.2.1 The minimum public storm drainpipe size shall be 18" diameter reinforced
concrete pipe (RCP).
4.3 The subdivider shall provide for the improvement of all drainage easements by
culvert or drainage channel of adequate size, whichever is required by the
Director of Public Works/City Engineer. Any required drainage channel shall be
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Planmng CommISSIOn ResolutIOn No 04-4
CUP 04-1 Carl's Jr @Lelsure World Shoppzng Center
January 21,2004
lined with the suitable material as specified by the Director of Public Works/City
Engineer. All such drainage easements shall be monumented along property lines
at locations approved by the Director of Public Works/City Engineer. An access
easement shall be provided to each drainage system maintenance access point not
directly accessible from a public roadway. Such access easement is to be
improved, fenced, and aligned to the satisfaction of the DIrector of Public
Works/City Engineer.
4.3.1 All storm drains on private property shall be private and shall be
maintained by the Property Owners Association as a part of the CC&R' s.
4.4 Portland cement concrete cross gutters or culverts shall be installed where water
crosses the roadways.
4.5 An adequate energy dissipater shall be constructed at the outlet of the storm dram,
or verification shall be provIded that such improvement is not needed.
4.6 Hydrology and hydraulic calculations for determining the storm system design,
with water surface profile and adequate field survey cross section data, shall be
provided satisfactory to the Director of Public Works/City Engineer, or
verification shall be provided that such calculations are not needed as approved by
the Director of Public Works/City Engineer.
4.7 Stormwater/NPDES Requirements for City Local Implementation Plan (LIP)
4.7.1. Prior to the issuance of any grading or building permits for projects that
will result in soil disturbance of one acre or more of land, the applicant
shall demonstrate that coverage has been obtained under California's
General Permit for Stormwater Discharges Associated with Construction
Activity by providing a copy of the Notice of Intent (N0l) submitted to
the State Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID)
Number. Projects subject to this requirement shall prepare and implement
a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current
SWPPP shall be kept at the project site and be available for City review on
request.
4.7.2 Prior to recordation of the subdivision Final Map and if determined
applicable by the Director of Public Works/City Engineer, the applicant
shall submit to the City for review and approval a Water Quality
Management Plan that:
4.7.2.1 Prior to grading or building permit close-out and/or the issuance
of a certificate of use or a certificate of occupancy, the applicant
shall :
4.7.2.1.1 Demonstrate that all structural best management
practices (BMPs) described in the Project WQMP have
been constructed and installed in conformance with
approved plans and specifications,
4.7.2.1.2 Demonstrate that applicant is prepared to implement all
non-structural BMPs described in the Project WQMP,
4.7.2.1.3 Demonstrate that an adequate number of copies of the
approved Project WQMP are available onsite,
4.7.2.1.4 Submit for review and approval by the City an
Operations and Maintenance (O&M) Plan for all
structural BMPs.
4.7.3 For Projects Adjacent to Beaches
4.7.3.1 During the construction phase, the applicant shall comply with
the following requirements:
4.7.3.1.1 All construction materials, wastes, grading or
demolition debris, and stockplles of soil, aggregates,
soil amendments, etc. shall be properly covered,
stored, and secured to prevent transport into coastal
waters by wind, rain, tracking, tidal erosion or
dispersion.
4.7.3.1.2 Grading and Drainage Plans shall be prepared with
the following design objectives:
4.7.3.1.2.1 All surface runoff and subsurface
drainage shall be directed to the nearest
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Planning CommIssIOn ResolutIOn No 04-4
CUP 04-1 Carl's Jr @Lelsure World Shoppmg Center
January 21,2004
acceptable drainage facility, via sump
pumps if necessary, as determined by the
Building Official
4.7.3.1.2.2 Onsite surface drainage and subdrain
systems shall not discharge over a bluff
top or hilltop.
4.7.3.1.2.3 All roof drains shall be required to
connect into a tight-line dramage pipe or
concrete swales that drain to the nearest
acceptable drainage facility as
determined by the Building Official.
4 7.3.1.2.4 Landscaping plans shall utilize non-
invasive, drought-tolerant landscape
materials.
4.7.3.1.2.5 Irrigation System plans shall not include
irrigation lines for the bluff-side of the
parcel.
4.7.3.2 All grading and improvements shall be made in accordance with
the Grading Ordinance and to the satisfaction of the Director of
Public Works/City Engineer and/or Building Official or designee.
Grading shall be in substantial compliance with the approved
grading plans. Surety to guarantee the completion of grading,
erosion and sediment control measures, soil stabilization, and
drainage improvements shall be posted satisfactory to the
Director of Public Works/City Engineer and/or Building Official
or designee.
4. 7.4 Projects in Hilly Areas
Drainage facilities discharging onto adjacent property shall be designed to
imitate the manner in which runoff is presently crossing the adjacent
property. Alternatively, the project applicant may obtain a drainage
acceptance and maintenance agreement, suitable for recordation, from the
owner of said adjacent property.
4.7.5 Industrial Facilltles:
For industrial facilities subject to California's General Permit for
Stormwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) code, prior to grading or building
permit close-out and/or the issuance of a certificate of use or a certificate
of occupancy, the applicant shall demonstrate that coverage under the
permit has been obtained providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
notification of the issuance of a Waste Discharge Identification (WDID)
Number.
4.7.6 Special Conditions
4.7.6.1 Prior to the issuance of any building permits, the applicant shall
include in the plans any urban runoff control measures deemed
necessary by the Building Official.
4.7.6.2 Prior to issuance of certificates of use and occupancy or building
permits for individual tenant improvements or constructIon
permits for a tank or pipeline, uses shall be identified and, for
specified uses, the applicant shall propose plans and measures for
chemical management (including, but not limited to, storage,
emergency response, employee training, spill contingencies and
disposal). The chemical management measures shall be
incorporated as an element of a Water Quality Management Plan
and shall be subject to the approval of the City Building Official
and other specified agencies such as the Fire Authority, the
Orange County Health Care Agency and sewering agencies to
ensure implementation of each agency's respective requirements.
Certificates or permits may be ministerially withheld if features
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Planning CommISSIOn ResolutIOn No 04-4
CUP 04-1 Carl's Jr @Lelsure World Shoppmg Center
January 21,2004
needed to properly manage chemicals cannot be incorporated into
a previously completed building, center or complex.
4.7.7 Plan Check: Issuance of Grading or Building Permits
4. 7. 7.1 The construction plans submitted by the applicant for plan check
must incorporate all of the structural BMPs identIfied in an
aporoved Project WQMP. Therefore, the City will [WORD
MISSING] applicants to obtain approval of the final Project
WQMP prior to submitting construction plans for plan check.
4.7.7.2 General or Special Notes for Plan Sheets. Prior to the issuance of
a grading or building permit, the City shall require the permit
applicant to include the following as general or special notes on
the plan sheets for new development or significant redevelopment
projects:
4.7.7.2.1 Sediment from areas disturbed by construction shall
be retained on site using structural controls to the
maximum extent practicable.
4.7.7.2.2 Stockpiles of soil shall be properly contamed to
minimize sediment transport from the site to streets,
drainage facilities or adjacent properties via runoff,
vehicle tracking, or wind.
4.7.7.2.3 Appropriate BMPs for construction-related materials,
wastes, spills or resides shall be implemented to
minimize transport from the site to streets, drainage
facilities, or adjoining property by wind or runoff.
4.7.7.2.4 Runoff from equipment and vehicle washing shall be
contained at construction sites unless treated to
remove sediment and other pollutants.
4.7.7.2.5 All construction contractor and subcontractor
personnel are to be made aware of the required best
management practices and good housekeeping
measures for the project site and any associated
construction staging areas.
4.7.7.2.6 At the end of each day of construction activity all
construction debris and waste materials shall be
collected and properly disposed in trash or recycle
bins.
4.7.7.2.7 Construction sites shall be maintained in such a
condition that an anticipated storm does not carry
wastes or pollutants off the site. Discharges of
material other than stormwater are allowed only when
necessary for performance and completion of
construction practices and where they do not: cause or
contribute to a violation of any water quality
standard; cause or threaten to cause pollution,
contamination or nuisance; or contain a hazardous
substance in a quantity reportable under Federal
Regulations 40 CFR Parts 117 and 302.
4.7.7.2.8 Potential pollutants include but are not limited to:
solid or liquid chemical spills; wastes from paints,
stains, sealants, glues, lime, pesticides, herbicides,
wood preservatives and solvents, asbestos fibers,
paint flakes or stucco fragments; fuels, oils,
lubricants, and hydraulic, radiator or battery flUIds;
concrete, detergent or floatable wastes; wastes from
any engine/equipment steam cleaning or chemical
degreasing; and super chlorinated potable water line
flushings.
4.7.7.2.9 During construction, disposal of such materials
should occur in a specified and controlled temporary
area on-site physically separated from potential
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CUP 04-1 Carl's Jr @ LeIsure World Shoppmg Center
January 21,2004
stormwater runoff, with ultimate disposal in
accordance with local, state and federal requirements.
4.7.7.2.10 Dewatering of contaminated groundwater, or
discharging contaminated soils via surface erosion is
prohibited. Dewatering of non-contaminated
groundwater requires a National Pollutant Discharge
Elimination System (NPDES) permit from the
respective State Regional Water Quality Control
Board.
4.7.8 Permit Closeout, Certificates of Use, and Certificates of Occupancy. The
Project WQMP continues with the property after the completion of the
construction phase and the City may require that the terms, condItions and
requirements be recorded with the County Recorder's office by the
property owner or any successive owner as authorized by the Water
Quality Ordinance. The end of the construction phase therefore represents
a transition from the New Development/Significant Redevelopment
Program to the Existing Development Program. Accompanying this is a
close out of permits and issuance of certificates of use and occupancy.
The City will use this juncture to assure satisfactory completion of all
requirements in the Project WQMP by requiring the applicant to:
4.7.8.1 Demonstrate that all structural BMPs described in the Project
WQMP have been constructed and installed in conformance with
approved plans and specifications,
4.7.8.2 Prepare and submit for review and approval an O&M Plan for all
structural BMPs,
4.7.8.3 Demonstrate that a mechanism or agreement acceptable to the
City has been executed for the long-term funding and
performance of BMP operation, maintenance, repair, and/or
replacement.
4.7.8.4 Demonstrate that the applicant is prepared to implement all non-
structural BMPs described in the Project WQMP,
4.7.8.5 Demonstrate that an adequate number of copies of the Project
WQMP are available onsite, and
4.7.8.6 For industrial facilities subject to California's General Permit for
Stormwater Discharges Associated with Industrial Activity as
defined by Standard Industrial Classification (SIC) code,
demonstrate that coverage has been obtained by providing a copy
of the Notice of Intent (NOn submitted to the State Water
Resources Control Board and a copy of the notification of the
issuance of a Waste Discharge Identification (WDID) Number.
4.7.8.7 The O&M Plan for structural BMPs that is prepared by the
applicant for private sector projects shall describe and/or include:
4.7.8.7.1 Structural13MPs
4.7.8.7.2 Employee responsibilities and training for BMP
operation and maintenance
4.7.8.7.3 Operating schedule
4.7.8.7.4 Maintenance frequency and schedule
4.7.8.7.5 Specific maintenance activities
4.7.8.7.6 Required permits from resource agencies, if any
4.7.8.7.7 Forms to be used in documenting maintenance
activities
4.7.8.7.8 Notification to Orange County Vector Control
District of the structural BMPs in place.
4.7.8.7.9 Record keeping requirements (at least 5 years). At
the minimum, the City shall require the annual
inspection and maintenance of all structural BMPs.
4.7.8.9 Following satisfactory inspection, those structural BMPs agreed
during the planning process to be within CIty right-of-ways, or on
land to be dedicated to City ownership will be accepted. Upon
acceptance, responsibility for operation and maintenance will
transfer from the developer or contractor to the appropriate City
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Planning CommIssIOn ResolutIOn No 04-4
CUP 04-1 Carl's Jr @ LeIsure World Shoppmg Center
January 21, 2004
department, including the funding mechanism identified in the
approved Project WQMP.
4.7.8.10 If a property owner or a private entity, such as a homeowners
association (HOA), retains or assumes responsibility for operation
and maintenance of structural BMPs, the City shall require access
for inspection through an agreement. If the City will be
responsIble for operating and maintaining structural BMPs on
private property, an easement will be established to allow for
entry and proper management of the BMPs. Such access
easements shall be binding throughout the life of the project, or
untIl the BMPs requiring access are acceptably replaced with a
BMP not requiring access. Funding for the long-term operation
and maintenance of structural BMPs will be front-funded, or
otherwise guaranteed via mechanisms such as approved
assessment districts, or other funding mechanisms.
4.8 All storm drainage pre-treatment facilities on private property shall be owned and
properly maintained by the Property Owners Association.
5. No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use.
6. 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.
7. 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 Citv of Seal Beach, to
require the provisions of additional security measures.
8. There shall be no live entertainment, amplified music, or dancing permitted within the
outdoor dining area at any time.
9. 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.
10. This CUP 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 period has elapsed.
11. 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.
12. The Planning Commission reserves the right to revoke or modify this CUP pursuant to
Articles 25 and 28 of The Code of the Citv 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.
13. 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
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CUP 04-1 Carl's Jr. @Lelsure World Shoppmg Center
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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.
14. The volume on the ordering system shall be turned down to its lowest audible level after
9:00 P.M.
15. The applicant shall install and maintain in operation at all times a drive-through ordering
system that shall be approved by of the Director of Development Services. This drive
through operating system shall be approved considering all potential effects by the
system including, but not limited to, noise and potential for graffiti.
16. The site shall be maximized with regard to landscaping in the maximum amount possible.
All landscaping plans, including plant palates, shall be approved by the director of
development services, and shall be installed wherever possible in order to bring the
shopping center into compliance with the current landscape standard. No building permit
for the proposed drive through restaurant shall be issued until the Director of
Development Services has approved such a landscape plan, and no Certificate of
Occupancy shall be issued until all landscaping for the center has been installed.
17. 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 supphes 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 attorneys' fees in any such lawsuit or action.
18. 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. 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 21 st day of January 2004, by the following vote:
AYES: Commissioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
None
ABSENT: CommiSSIOners
None
/jJ~~j/l#/
P.l9
Plannmg CommzsslOn ResolutIOn No 04-4
CUP 04-1 Carl's Jr. @ Leisure World Shoppmg Center
January 21, 2004
James Sharp,
Chairman of the Plannmg Commission
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