HomeMy WebLinkAboutPC Res 09-41 - 2009-10-210191
RESOLUTION NUMBER 09-41 l IV 44
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT NO.
08 -11 (IE) FOR A RESTAURANT USE AT
136 -136Y2 MAIN STREET (PHO BASIL LEAF)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On September 16, 2009, Jennifer Ly and Michael Luu (the
"Applicants ") filed an application with the Department of Development Services for
Conditional Use Permit 08 -11 (IE) requesting the indefinite extension of the existing
Conditional Use Permit to operate a restaurant within the Main Street Specific Plan
area.
Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for CUP 08 -11 (IE) for the requested land use
entitlements for a restaurant 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 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 October 21, 2009, to consider the application for CUP 08 -11 (IE). At
the public hearing the Planning Commission received evidence and testimony regarding
said application.
Section 4 . The record of the hearing of October 21, 2009 indicates the
following:
(a) On September 16, 2009, Jennifer Ly and Michael Luu
(the "Applicants ") filed an application with the Department of Development Services for
Conditional Use Permit 08 -11 (1 E).
(b) Specifically, the applicant is requesting the indefinite
extension of the existing Conditional Use Permit to operate a restaurant within the Main
Street Specific Plan area.
(c) The subject property is described as Orange County
assessor's parcel # 199 - 040 -30, and is 25' x 117.5' in size.
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Planning Commission Resolution No. 09 -41
Conditional Use Permit 08 -11 (Indefinite Extension)
136 — 136% Main Street (Pho Basil Leaf)
October 21, 2009
(d) The subject property is a rectangular property having
25 feet of frontage on Main Street and having 117.5 feet of depth, containing
approximately 2,937.5 square feet. The subject tenant space has 25 feet of frontage
along Main Street. The property is developed with an existing single -story retail building
that contains a total of approximately 1,584 square feet of leasable space and provides
2 parking spaces at the rear of the property that is accessed by the alley.
(e) The seating area within the restaurant consists of
approximately 500 square feet, 32% of the building area, located at the front of the
premises. The kitchen, restroom, storage, and office areas are proposed to be located
at the rear of the subject building space and comprise the remaining approximate 1,084
square feet of floor area.
(f) The nearest residential property is located across the
alley to the rear of the subject property and easterly of the Main Street alley,
approximately 40 feet from the rear of the subject structure.
(g) The surrounding land uses and zoning are as follows:
❑ North, South, & West — Retail uses in the Main Street Specific Plan (MSSP)
Zone.
❑ East — Residential uses in the Residential High Density
(RHD) Zone.
(h) Capt. Tim Olsen with the Seal Beach Police
Department has reviewed the application and has no reservations or concerns
regarding the subject requests.
Section 5 . Based upon the facts contained in the record, including
those stated in §4 of this resolution and pursuant to §§ 18 -1250, 28 -2503 and 28 -2504
of the City's Code the Planning Commission makes the following findings:
(a) Conditional Use Permit 08 -11 (IE), as proposed to be
conditioned regarding business operations, is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a Main Street Specific Plan
zoning designation for the subject property and permits 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 based on the following:
(1) The restaurant has been a positive addition to
the commercial character of Main Street, providing services to the residents of the
community and visitors to the City, while providing an additional dining option on Main
Street that previously did not exist.
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Planning Commission Resolution No. 09 -41
Conditional Use Permit 08 -11 (Indefinite Extension)
136 — 136% Main Street (Pho Basil Leat)
October 21, 2009
(2) The restaurant is in conformance with several
urban design factors that are identified within the adopted Main Street Specific Plan and
the resulting Main Street Specific Plan Zone, as set forth in Sections 28 -1250 through
28 -1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
❑ Provision of transparent storefronts with views into shops, offices, and
restaurants;
❑ Eclectic architecture without national trademark buildings; and
❑ Building facades limited to 35 -50 feet in width.
(3) The restaurant reinforces the above identified
urban design factors specified in the Main Street Specific Plan and further complies with
the provisions of Section 28- 1253.A.1, 28- 1253.A.4, and Section 28- 1253.A.6., which
discusses transparency of store fronts; fagade setbacks, including outdoor restaurant
seating areas; and fagade width and appearance of interconnecting buildings.
(4) The seating area of the restaurant consists of
approximately 500 square feet (33% of the building area) located at the front of the
premises. The kitchen, restroom, storage, and office areas are proposed to be located
at the rear of the subject building space and comprise the remaining approximate 1,084
square feet of floor area.
(5) The restaurant was required to pay an in -lieu
parking fee of $3,500.00 per space in accordance with the provisions of Section 28-
1256 of the Main Street Specific Plan Zone standards. The total `in -lieu" fee that was
required to be paid for the restaurant use is $42,000.00. Payment of this fee is currently
being made in installments of $6,000 per year for a period of seven years, per
previously approved arrangements with the City.
(b) The building and property at 136 - 136'/2 Main St. are
adequate in size, shape, topography, and location to meet the needs of the restaurant
use of the property, as conditioned based on the following:
(1) The restaurant location is within the mass of
the existing 1 -story commercial building located on the subject property and, therefore,
noise impacts to the residential neighborhood to the east would not be expected to be
adverse from the dining functions.
(2) The seating area consists of approximately 500
square feet (32% of the building area) located at the front of the premises. The kitchen,
restroom, storage, and office areas are proposed to be located at the rear of the subject
building space and comprise the remaining approximate 1,084 square feet of floor area.
(3) The subject property is a rectangular property
having 25 feet of frontage on Main Street and having 117.5 feet of depth, containing
approximately 2,937.5 square feet. The subject tenant space has 25 feet of frontage
along Main Street. The property is developed with an existing single -story retail building
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Planning Commission Resolution No. 09 -41
Conditional Use Permit 08 -11 (Indefinite Extension)
136 — 136% Main Street (Pho Basil Leaf)
October 21, 2009
that contains a total of approximately 1,584 square feet of leasable space and provides
2 parking spaces at the rear of the property that is accessed by an alley.
(c) The use does not conflict with the Specific Plan's goal
to establish and maintain a balanced mix of uses that serve the needs of both local and
non -local populations based on the following:
(1) The restaurant serves both residents and
visitors of Seal Beach.
(2) The restaurant does not have any public
entrance from the alley, minimizing noise impacts from the residential neighborhood to
the east.
(d) The use will contribute to the unique character of
Main Street and the qualities that provide Main Street a sense of identity based on the
following:
(1) The restaurant complies with several urban
design factors that are identified within the adopted Main Street Specific Plan and the
resulting Main Street Specific Plan Zone, as set forth in Sections 28 -1250 through 28-
1257 of the Seal Beach Municipal Code. The applicable urban design factors include:
❑ Provision of transparent storefronts with views into shops, offices,
and restaurants;
❑ Eclectic architecture without national trademark buildings; and
❑ Building facades limited to 35 -50 feet in width.
(2) The restaurant reinforces these identified
urban design factors specified in the Main Street Specific Plan and further complies with
the provisions of Section 28- 1253.A.1, 28- 1253.A.4, and Section 28- 1253.A.6., which
discusses transparency of store fronts; fagade setbacks; fagade width; and appearance
of interconnecting buildings.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 08 -11 (IE), subject to the following conditions:
1. Conditional Use Permit 08 -11 (IE) is approved for a restaurant use only at 136-
136'/2 Main Street.
2. The hours of operation shall be 7:00 AM to 10 PM, Sunday through Thursday,
and 7:00 AM to 11 PM on Friday, Saturday, and holidays.
3. All exterior signage shall be in conformance with Chapter 28, Article 18 of the
City of Seal Beach Municipal Code.
4. No video games or similar amusements shall be permitted on the premises
unless a separate Conditional Use Permit is approved for that use.
5. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments shall remove trash
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Planning Commission Resolution No. 09 -41
Conditional Use Permit 08 -11 (Indefinite Extension)
136 — 136% Main Street (Pho Basil Leaf)
October 21, 2009
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.
6. 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.
7. The establishment must serve a complete menu of food until thirty (30) minutes
prior to closing time.
8. The project proponent shall pay the required in -lieu parking fee of $42,000.00, in
accordance with the provisions of Section 28 -1256, prior to issuance of the
certificate of occupancy for said restaurant use. Payment of this fee may be
made in installments, as previously approved by the Planning Commission.
9. A grease trap /interceptor shall be provided for the restaurant, in accordance with
the standards of Chapter 9.25 of the Seal Beach Municipal Code, "Fats, Oil and
Grease Management and Discharge Control." The applicant shall be responsible
for the periodic service and maintenance for the grease trap /interceptor.
10. The establishment shall comply with Chapter 7.15, "Noise," of the City of Seal
Beach Municipal Code 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 7.15.
11. 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.
12. 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.
13. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of Chapter 28, Zoning, of the City of Seal Beach
Municipal Code 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
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Planning Commission Resolution No. 09 -41
Conditional Use Permit 08 -11 (Indefinite Extension)
136 — 136% Main Street (Pho Basil Leal)
October 21, 2009
congregation of minors, violence, public drunkenness, vandalism, solicitation
and /or litter.
14. 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.
15. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Director of
Development Services.
16. 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.
17. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
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 October 2009 by the following vote:
AYES: Commissioners Deaton, Bello, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners Galbreath and Larson
ABSTAIN: Commissioners None
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Planning Commission Resolution No. 09 -41
Ellery Deaton
Chairperson, Planning Commission
41 W /J&e0
Terrence Belanger
Interim Secretary, Planning Co ission
Conditional Use Permit 08 -11 (Indefinite Extension)
136 — 136% Main Street (Pho Basil Leao
October 21, 2009
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