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Home My WebLink AboutPC Res 09-20 - 2009-05-06 RESOLUTION NUMBER 09-20 O/(/Ch 1V4~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITONAL USE PERMIT 09-6 FOR THE PROVISION OF OUTDOOR SEATING IN CONJUNCTION WITH AN EXISTING RESTAURANT (SUBWAY) AT 2365 SEAL BEACH BOULEVARD #107, SEAL BEACH (pACIFIC GATEWAY PLAZA). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 1, 2009, Ramsey Asfour and Garo Kazezian submitted an application for Conditional Use Permit 09-6. Section 2. Specifically, the applicant is seeking approval for the provision of outdoor seating in conj unction with an existing restaurant (Subway) at 2365 Seal Beach Boulevard #107. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15301, staff has determined as follows: The application for Conditional Use Permit 09-6 for the requested land use entitlements at an existing restaurant is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held by the Planning Commission on May 6, 2009, to consider Conditional Use Permit 09-6 for outdoor seating in conjunction with an existing restaurant (Subway) at 2365 Seal Beach Boulevard #107. Section 5. The record ofthe hearing of May 6,2009, indicates the following: (a) On April 1, 2009, Ramsey Asfour and Garo Kazezian submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 09-6. (b) The applicant is requesting approval for outdoor seating in conjunction with an existing restaurant (Subway) at 2365 Seal Beach Boulevard #107. (c) The subject property is located in the Pacific Gateway Plaza. The subject building is located between Westminster Avenue and Seal Beach Boulevard. (d) The subject lease space is approximately 1,400 square feet 1ll SIze. 10f5 Planning Commission Resolution No. 09-20 Conditional Use Permit 09-6 2365 Seal Beach Blvd., #107 (Subway) May 6, 2009 ( e) The nearest residential properties are located approximately 300 feet to the north, across Westminster Ave., within Leisure World. . (f) The surrounding land uses and zoning are as fonows: NORTH Hampton Inn hotel; across Westminster Avenue, commercial businesses and United States Post Office in the Service Commercial (C-l) Zone and the General Commercial (C-2) Zone; and the residential neighborhood of Leisure World in the Residential High Density/Planned Development (RHD/PD) Zone. EAST Commercial businesses in the General Commercial (C-2) Zone; and cross Seal Beach Boulevard, the Seal Beach Naval Weapons Station in the Public Land Use/Recreation (pLU/R) Zone. SOUTH Boeing parking lot; and across Seal Beach Boulevard, the Seal Beach Naval Weapons Station in the Public Land Use/Recreation (PLU/R) Zone. WEST Boeing parking lot; and facilities and buildings in the Boeing Integrated Defense Systems (BIDS) specific plan Zone. Section 6. The Planning Commission made the following findings regarding Conditional Use Permit 09-6 and determined the proposed project is consistent with the General Plan: (a) The project is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a Specific Plan Regulation zoning designation for the subject property and permits commercial development. The uses are 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 uses are consistent with the General Plan. (b) The project as proposed will be consistent with the Boeing Specific Plan. (c) The building and property at 2365 Seal Beach Boulevard is adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property provides an adequate number of parking spaces, per the City's zoning code. (d) The building and property at 2365 Seal Beach Boulevard, as conditioned, meets all development standards for commercially zoned properties, as set forth in the Code and the Boeing Integrated Defense Systems (BIDS) Specific Plan. 20f5 Planning Commission Resolution No. 09-20 Conditional Use Permit 09-6 2365 Seal Beach Blvd., #/07 (Subway) May 6. 2009 ( e) Required adherence to applicable building and fire codes ensures that there will be adequate water supply and utilities for the proposed use. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 09-6, subject to the following conditions: 1. Conditional Use Permit 09-6 is approved for outdoor seating in conjunction with the existing Subway restaurant. 2. All development and operation shall be in substantial conformance to the approved plans submitted for Conditional Use Permit 09-6, with the exception that the tables and chairs be located closer to the building, rather than closer to the parking lot, and the walkway in front of the building be between the tables and the parking lot, rather than between the tables and the building. 3. A minimum 6-foot clear walkway shall be maintained at all times between the table areas and the curb ofthe walkway. 4. No portion of the table umbrellas, other than the tube and base, shall be lower than 6 feet 8 inches from the walkway surface to provide adequate clearance for pedestrians. 5. No commercial deliveries may occur in association with the operation of this business between the hours of 10:00 p.m. and 7:00 a.m. 6. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. The outdoor receptacles shall be located in close proximity to the outdoor tables and chairs. Operators of such establishment shall remove trash and debris on an appropriate basis so as not to cause litter, health, and/or sanitation 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. No video games, arcade 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 Conditional Use Permit 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. In the event staff determines that security problems exist on the site, the conditions ofthis permit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 30f5 Planning Commission Resolution No. 09-20 Conditional Use Permit 09-6 2365 Seal Beach Blvd., #107 (Subway) May 6. 2009 10. The establishment shall have a public telephone listing. 11. The premises shall comply with Chapter 7.15, "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 facility, 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 7.15. 12. 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 lmtil the ten (10) calendar-day appeal period has elapsed. 13. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 ofthe Code of the Citv of Seal Beach. 14. 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. 15. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby approves Conditional Use Permit No. 09-6. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of May 2009 by the following vote: 40f5 Planning Commission Resolution No. 09-20 Conditional Use Permit 09-6 2365 Seal Beach Blvd., #107 (Subway) May 6, 2009 AYES: Commissioners Deaton, Bello, and Larson NOES: Commissioners None ABSENT: Commissioners Eagar and Massa-Lavitt ABSTAIN: Commissioners None d-<,~-z:;;;J ~ emon Chairperson, Planning Commission L Whittenberg Secretary, Planning Commission ***** 50f5