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Home My WebLink AboutPC Res 05-45 - 2005-09-21 RESOLUTION NUMBER 05-45 OR/GI- IV1 ( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 05-9, A REQUEST TO ALLOW AN ENCLOSED OUTDOOR EATING AREA AT 550 PACIFIC COAST HIGHWAY, UNIT 107 (JOHN'S PHILL Y GRILLE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 16, 2005, John Carpenter applied for Conditional Use Permit (CUP) 5-9 with the Department of Development Services for outdoor dining in conjunction with John's Philly Grille restaurant. Specifically, the applicant is seeking approval of outdoor dining at an existing restaurant located in a shopping center. The applicant proposes to utilize a portion of outside patio for dining for up to 28 seats enclosed by an approximately 5 feet high wall constructed with approximately 3 feet of block wall and 2 feet of glass. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the City's Local CEQA Guidelines, staffhas determmed as follows: The application for CondItional Use Permit No. 05-9 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are mvolved; and, pursuant to ~ 15061 (b)(3), because it can be seen with certainty that there is no pOSSIbility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Plannmg Commission on September 21,2005 to consider the application for Conditional Use Permit 05-9. At the hearing the Planning Commission received into evidence all written and oral testimony presented. Section 4. The record of the hearing on September 21, 2005 indicates the following: (a) On August 16, 2005, John Carpenter applied for Conditional Use Permit (CUP) 5-9 with the Department of Development Services for outdoor dining in conjunction with John's Philly Grille restaurant. Specifically, the applicant is seeking approval of outdoor dining at an existing restaurant located in a shopping center. The applicant proposes to utilize a portion of outside patio for dining for up to 28 seats enclosed by an approximately 5 feet high wall constructed with approximately 3 feet of block wall and 2 feet of glass. (b) The subject property is located at 550 Pacific Coast Highway, Suite 107. ..... Page 1 of4 Planmng Commlsswn Resolutwn No 05-45 550 Pacific Coast HIghway, Suite 107 -John's Phllly Grzlle September 2/, 2005 (c) The subject property is oddly shaped, with a land area of approximately 3.5 acres. The Site contains approximately 267 shared parking spaces. NORTH (d) The surrounding land uses and zoning are as follows: Across 5th Street, Residential Housing in the Residential Low Density (RLD) zone SOUTH Across Marina Drive, Pacific Inn in the General Commercial (C-2) zone and Residential Housing in the Residential High Density (RHD) zone EAST Commercial Businesses in the General Commercial (C-2) zone WEST Across 6th Street, Residential Housing in the Residential High Density (RHD) zone (e) In response to the mailed and published notice of this hearing staff has received no responses, written or other, to this request. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-2504 of the City's Code, the Planning Commission hereby finds as follows: (a) Conditional Use Permit 05-9 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits semi-enclosed restaurants 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. (b) Conditional Use PermIt 05-9 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits semi-enclosed restaurants 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. (c) The building and property at 550 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property is approximately 3.5 acres in area, and provides 267 on-site parking spaces. In addition, on-street parking is permitted on two sides of the shopping center, including Marina Drive adjacent to the subject business location. (d) The requested outdoor eating area is in conjunction with the existing John's Philly Grille restaurant, and is located approximately 300 feet from the nearest residential use. Across Marina Drive from the subject business location is the Pacific Inn. Page 2 of4 Plannmg Commlsszon Resolutzon No 05-45 550 Pacific Coast Highway, SUite 107 - John's Phllly Grzlle September 21,2005 (e) The outdoor patio, as revised, maintains the green landscape area along Marina Drive and allows adequate pedestrian circulation around the affected portion of the building. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 05-9, subject to the following conditions: 1. CUP No. 05-9 is approved for use of an approved outside eating area at an existing restaurant in a shopping center. The approved outdoor seating area is approximately 316.5 square feet. 2. Litter and trash receptacles shall be located at convenient locations inside and outsIde the establishment. Operators of such establishment 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 PM and 7:00 AM. 3. The proposed patio enclosure shall not exceed 5 feet in height; 3 feet of solid wall and 2 feet of glass or other visually open material. 4. The outdoor seating area shall not exceed the area designated on the floor plan as approved by the Planning Commission. 5. The outdoor patio will be located at least three feet from the curb adjacent to the parking area. 6. Minimum existing landscape area along Marina Drive shall be reduced. The outdoor patio enclosure walls shall be a maximum of six inches into the grassy areas. 7. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 8. 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 property. 9. 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. 10. 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. Page 3 of4 , , , , Planmng Commlsszon Resolutzon No 05-45 550 Pacific Coast HIghway, SUlte 107 - John's Phdly Gnlle September 21.2005 11. 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 21st day of September 2005 by the following vote: AYES: Commissioners Shanks, Deaton, O'Malley, and Roberts, NOES: Commissioners None ABSENT: Commissioners Ladner ~~ Gord anks Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Comm' sion **** Page 4 of 4