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Home My WebLink AboutPC Res 05-63 - 2005-12-07 RESOLUTION NUMBER 05-63 OR/e//II Iv4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 04-4 (INDEFINITE EXTENSION), ALLOWING FOR THE CONTINUED OPERATION OF A WALK UP / TAKE OUT RESTAURANT AT 148-B MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 16, 2005, Alan Grant (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 04-4 (Indefinite Extension) for the operation of a walk up / take out restaurant at 148-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 04-4 (Indefinite Extension)for the proposed 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 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 December 7, 2005 to consider the application for CUP 04-4 (Indefinite Extension). 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 December 7, 2005 indicates the following: (a) On October 16, 2005 Alan Grant submitted an application for CUP 04-4 (Indefinite Extension) with the Department of Development Services. (b) Specifically, the applicant seeks an indefinite extension for a previously approved Conditional Use Permit for the operation of a walkup/take out only (10 seats or less) restaurant on Main St. Z \My Documents\RESO\CUP 04-4 148 Mam StZ Pizza PC Reso\LW\12-09-05 Planning ComnusslOn ResolutIOn No 05-63 CUP 04-4 (IE) - I48-B Mam Street (Z PIZZa) December 7,2005 (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: EAST: Residential Housing in a Residential High Density district WEST: Commercial businesses in the Main Street Specific Plan and residential housing in a Residential High Density district. NORTH: Commercial businesses in the Main Street Specific Plan zone SOUTH: Commercial businesses in the Main Street Specific Plan zone & the Pacific Ocean. 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: (a) The Conditional Use Permit is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" designation for the subject area. (b) The building and property at 148-B Main Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (d) The proposed use is consistent with the intent, purpose and vision established for the Main Street Specific Plan. (e) and maintain a populations. The proposed use is consistent with the Specific Plan's goal to establish balanced mix of uses that serve the needs of both local and non-local (t) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. CUP 04-4 148 Mam StZ Pizza 2 Planning COmnllSSlOn Resolution No 05-63 CUP 04-4 (IE) -148-B Main Street (Z Pizza) December 7, 2005 (g) The land use, as conditioned, meets and is compliant with, all applicable City Council policies, including those associated with alcohol service. The subject business will not be serving alcohol. (h) The Seal Beach Police Department has not had a history of calls to this location. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 04-4 (Indefinite Extension), subject to the following conditions: 1. CUP 04-4 (Indefinite Extension) is approved for the operation of a walk up / take out restaurant located at 148-B 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 anlUsements 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 establishment 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 on the premises 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 (Indefinite Extension) 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. CUP 04-4 148 Mam St Z Pizza 3 Planning CommissIOn ResolutIOn No 05-63 CUP 04-4 (IE) - I48-B Mam Street (Z Pizza) December 7, 2005 9. 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. 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 criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 11. There shall not be a service window. 12. 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 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 ih day of December 2005, by the following vote: AYES: Commissioners Deaton, O'Malley, Robens and Shanks NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners CUP 04-4 148 Mam 5t Z Pizza 4 1 CUP 04-4 148 Mam 5t Z PIzza Planning CommissIOn ResolutIOn No 05-63 CUP 04-4 (IE) - /48-B Main Street (Z Pizza) December 7, 2005 ~~~ Gordon Shanks Chairperson, Planning Commission 5