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HomeMy WebLinkAboutPC Res 05-12 - 2005-03-23 RESOLUTION NUMBER 05-12 o ~/ 6'h 1114 ( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT NO. 02-5 APPROVING AN OUTDOOR FOOD SERVICE IN CONJUNCTION WITH A RESTAURANT BUSINESS (TOGO'SIBASKIN ROBBINS) AT 12430-B SEAL BEACH BOULEVARD, (OLD RANCH TOWNE CENTER). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 15, 2005 Kevin Schrock of Van Morgan Eateries, (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 02-5 (Indefinite Extension). A conditional use permit is required to allow for the provision of outdoor seating for a restaurant business (Togo's/Baskin Robbins) at 12430-B Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ ILC 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, in 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 Planning CommissIOn at a public hearing held on September 9, October 21, and November 4, 1998 reviewed a Final 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 Final 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, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the CIty Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within 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 March 23, 2005, to consider the application for Conditional Use Permit 02-5 (Indefinite Extension). Section 4. The record of the hearing of March 23, 2005 indicates the following: (a) On February 15, 2005, Kevin Schrock of Van Morgan Eateries (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 02-5 (Indefinite Extension). (b) A conditional use permit is required to allow for the provision of outdoor seating for a restaurant business (Togo's/Baskin Robbins) at 12430-B Seal Beach Boulevard. (c) The applicant is proposing to continue to provide a maximum of 19 outdoor seats in conjunction with a restaurant business,' on property located on the east side of Seal Beach Boulevard, in what is commonly referred to as the "Bixby Old Ranch Towne Center." Page 1 of 4 Planning CommissIOn ResolutIOn No 05-12 CUP 02-5 (Indefinite ExtensIOn) - Togo's/Baskm Robbms 12430-B Seal Beach Blvd March 23, 2005 (d) The proposed development is located in the General Commercial (C-2) zone within the Old Ranch Towne Center, a commercial shopping center site. (e) Surrounding land uses and zoning are as follows: North, South & East - remaining portions of Old Ranch Towne Center in the General Commercial (C-2) zone. West - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the City of Seal Beach. (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 Planning Commission makes the following findings: (a) CUP No. 02-5 (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 the 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. (b) The building and property at the subject site of the Old Ranch Towne Center are adequate in size, shape, topography and location to meet the needs of the use of the property. The entire shopping center is approximately 25 acres in area. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; Macaroni Grill Restaurant; and Islands Restaurant. The development plan complies with all City standards regarding minimum lot size, buildmg setbacks, lot coverage, building height, landscaping, and parking requirements. (c) The nearest homes to the requested outdoor seating area are to the southwest and northeast of the shopping center, in excess of 500 feet in either direction. Given the nature of the outdoor seating area and the orientation of the seating area away from the residential development and the distance to existmg residential areas, the proposed outdoor seating area is compatible with the character of the surrounding 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. Section 6. Based upon the foregoing, the Planning CommissIOn hereby approves ConditIOnal Use Permit 02-5 (Indefinite Extension), subject to the following conditions: Page 2 of 4 , . . , Planning CommISSIOn ResolutIOn No 05-12 CUP 02-5 (Indefinite ExtensIOn) - Togo's/Baskm Robbms 12430-B Seal Beach Blvd. March 23,2005 1. Conditional Use Permit 02-5 (Indefinite Extension) at 12430-B Seal Beach Boulevard is approved for an outdoor food service area, with a maximum of 19 outdoor seats at five separate 3-person tables and 1 separate 4 person table located adjacent to the storefront, on the east side of the building. 2. Maintain a minimum of a 5-foot clear pedestrian path between the proposed exterior seats and tables and any adjacent drive aisle or parking lot. 3. The applicant will prominently display these Conditions of Approval in a location within the business' customer area that is acceptable to the Director of Development Services. 4. 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 provision of additional security 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 m 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 period has elapsed. 7. The hours of operation shall be 11 :00 A.M. to 11 :00 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. 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. 12. 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 facIhty, 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. 13. 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 Page 3 of4 , Planning CommISsIOn ResolutIOn No 05-12 CUP 02-5 (Indefinite ExtensIOn) - Togo 'slBaskm Robbms 12430-B Seal Beach Blvd March 23, 2005 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 mcurred 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 23rd day of March 2005 by the following vote: AYES: Commissioners Ladner, Shanks, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners None il Ladner Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commissi n **** Page 4 of 4