HomeMy WebLinkAboutPC Res 10-27 - 2010-07-07RESOLUTION NUMBER 10 -27 019Z
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 10-4
FOR THE RENOVATION AND ENLARGEMENT
OF THE LOBBY AREA AND OTHER PUBLIC
AREAS OF AN EXISTING HOTEL WITHIN THE
GENERAL COMMERCIAL (C -2) ZONE AT 600
MARINA DRIVE, SEAL BEACH (PACIFIC INN).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On May 24, 2010, Lonnie Wick of Lee & Sakahara Architects
(the "applicant ") submitted an application to the City of Seal Beach Department of
Development Services for Conditional Use Permit 10 -4.
Section 2 . The applicant is requesting approval to allow the renovation
and enlargement of the lobby area and other public areas of an existing hotel within the
General Commercial (C -2) zone.
Section 3 . 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 Conditional Use Permit 10 -4 to allow the renovation and enlargement of
the lobby area and other public areas of an existing hotel is categorically exempt from
review pursuant to the California Environmental Quality Act §15301 (Existing Facilities),
because the proposal involves a minor addition to an existing structure; and 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.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on July 7, 2010, to consider the application for Conditional Use Permit 10-
4. The Planning Commission considered all evidence presented, both written and oral
regarding the subject application.
Section 5 . The record of the hearing of July 7, 2010 indicates the
following:
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Planning Commission Resolution No. 10 -27
Conditional Use Permit 10 -4
600 Marina Drive (Pacific Inn)
July 7, 2010
(a) On May 24, 2010, Lonnie Wick of Lee & Sakahara
Architects submitted an application to the City of Seal Beach Department of
Development Services for Conditional Use Permit 10 -4.
(b) The applicant is requesting to allow the renovation
and enlargement of the lobby area and other public areas of an existing hotel within the
General Commercial (C -2) zone.
(c) The subject property is located at 600 Marina Drive,
within the "Old Town" neighborhood.
(d) The subject property is approximately 32,821 square
feet in size and the total building area footprint is approximately 23,553 square feet.
Required parking per Code is based on a total room count, not total square footage, and
is 72 parking stalls. The property currently provides 72 parking stalls.
(e) The nearest residential properties are located
approximately 50 feet to the east along 7 Street.
(f) The surrounding land uses and zoning are as follows:
NORTH Commercial uses within the General Commercial (C -2) Zone.
EAST Residential uses within the Residential High Density (RHD) Zone.
SOUTH Electric Avenue greenbelt; residential uses within the Residential
High Density (RHD) Zone.
WEST Residential uses within the Residential High Density (RHD) Zone.
(g) The following applications have previously been
approved for the Pacific Inn:
CUP 87 -16 (Jan. 1988) To allow the on- premise sale of beer and wine at an
existing hotel
CUP 94 -1 (Mar. 1994) To allow in -room controlled access beverage cabinets
(Honor Bars)
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §28 -2503 and §28 -2504 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 10 -4 is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
General Commercial use designation for the subject property. The use is also
consistent with the remaining elements of the City's General Plan as the policies of
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Planning Commission Resolution No. 10 -27
Conditional Use Permit 10 -4
600 Marina Drive (Pacific Inn)
July 7, 2010
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 600 Marina Drive 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 existing hotel operation, as proposed to be
conditioned, is compatible with the character of the surrounding neighborhood, which is
a transition between commercial uses to the north and residential uses to the south.
Adherence to conditions of approval placed on the use by the City of Seal Beach will
mitigate any negative impacts to neighboring residents.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 10 -4, subject to the following conditions:
Conditional Use Permit 10 -4 is approved to add approximately 1,905 square feet
of floor area distributed between three floors, in conjunction with the renovation
and enlargement of the lobby area and other public areas of an existing hotel
within the General Commercial (C -2) zone at 600 Marina Avenue (Pacific Inn).
2. All enlargements and modifications shall be in compliance with the plans
submitted as part of the application for Conditional Use Permit 10 -4.
3. Unless otherwise superseded by this Conditional Use Permit, the existing
conditions of Resolution 96 -31 shall remain in effect.
4. A modification of this Conditional Use Permit shall be obtained when:
a. There is a substantial change in the mode or character of operations of the
establishment;
b. The establishment proposes to modify any conditions of approval;
5. The applicant shall obtain a Coastal Development PermitNVaiver from the
California Coastal Commission for all construction resulting in an expansion of
square footage /floor area.
6. The applicant shall obtain City of Seal Beach building permits for all construction
requiring such permits.
7. The proposed breakfast room and kitchen are to be used for the preparation and
service of `continental style' breakfast, light snacks, and refreshments only.
There shall be no entree type food service within the breakfast room and any
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Planning Commission Resolution No. 10 -27
Conditional Use Permit 10 -4
600 Marina Drive (Pacific Inn)
July 7, 2010
type of grill, range, fryer, or fume hood shall be prohibited within the proposed
kitchen area unless the applicant obtains a Conditional Use Permit for that
specific use.
8. There shall be no dumping of trash outside the establishment between the hours
of 10:00 PM and 7:00 AM.
9. No video games or similar amusements shall be permitted on the premises at
any time.
10. Prior to the submission of construction plans to the building department, the
applicant shall meet with the City's Public Works department and Development
Services department staff to determine if there are measures that can be
implemented into the construction plans that are economically viable and would
help alleviate future water intrusion problems in the parking garage area.
11. The establishment shall comply with Chapter 7.15, "Noise Control" of the 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 this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
12. 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
Seal Beach Municipal Code, occurs, or for those reasons specified by Article 28,
and in the manner specified in Article 25, of Chapter 28 of the Seal Beach
Municipal Code.
13. In the event staff determines that 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.
14. This Conditional Use Permit shall become null and void unless exercised within 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 90 days prior to such
expiration date.
15. This Conditional Use Permit shall not become effective for any purpose unless
an "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 10 day appeal period has elapsed.
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Planning Commission Resolution No. 10 -27
Conditional Use Permit 10 -4
600 Marina Drive (Pacific Inn)
July 7, 2010
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 these conditions may result in 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 7th day of July 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, and Massa- Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Mark Persico,
Secretary, Planning Commission
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