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HomeMy WebLinkAboutCC AG PKT 2004-10-11 #I AGENDA REPORT DATE: October 11, 2004 TO: Honorable Mayor and City Council THRU: June Yotsuya, Acting City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: APPROVAL . OF CITY COMMENT LETTER RE: COASTAL COMIVIISSION APPLICATION NO. 5 -03- 521, RUBY'S DINER RESTAURANT SUMMARY OF REQUEST: Authorize Mayor to sign the proposed letter, with any changes determined appropriate, to the Coastal Commission regarding Coastal Commission Application No. 5 -03 -521, Ruby's Diner Restaurant. Authorize Director of Development Services to attend Coastal Commission Meeting and respond to issues and concerns or] behalf of the City. Receive and File Staff Report. BACKGROUND: Previous City Approvals: - On November 5, 2003 the Planning Commission approved Conditional Use Permit 03 -6 by adopting Resolution No. 03 -38. The approved resolution set forth 53 conditions of approval relating to the proposed project. There was no appeal filed on the determination • of the Planning Commission. Conditional .Use Permit 03 -6 as approved by the Planning Commission allows for the remodel of and addition to the existing restaurant at the of the Seal Beach Municipal Pier (Ruby's Diner) to include the following: the addition of approximately 588 square • feet of outdoor dining area at the southerly end of the municipal pier; the remodel of the existing City Bait & Tackle shop to include 2 new public ADA compliant restrooms; integration of the existing restrooms into the interior of the restaurant; a redesigned trash enclosure with a roll up door as part of the City Bait & Tackle shop remodel; a future trash area on the pier; and an enclosed trash area within the 8th Street Beach parking Lot. All construction shall be in substantial conformance to plans submitted as part of the application for CUP 03 -6, as revised by the Staff Revisions of October 29, 2003. AGENDA ITEM I Z:\My Documents \CUP \CUP 03- 6.Ruby's Restaurant.CCC Application.CC Staff Report.doc\r.W\10 -05 -04 City Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant City Council Staff Report October 11, 2004 • Coastal Commission Consideration and Staff Recommendations: The Coastal Commission has an item on- their Agenda for October 13, 2004 to consider the following matter regarding Ruby's Restaurant on the Seal Beach Pier: -W12b Application No. 5 -03 -521 (Ruby's Diner, Seal Beach) Application of Ruby's Diner Restaurant to convert 691 sq.ft. of public pier next to 2,995 sq.ft. Ruby's restaurant into outdoor dining area (15 counter seats & 34 table seats); remove trash enclosure; remodel 474 sq.ft. bait & tackle shop to house trash enclosure, public restrooms & fish cleaning sink; remodel existing Ruby's restaurant; and upgrade bench at end Seal Beach Municipal Pier, Seal Beach, Orange County. The Coastal Commission Meeting will be held at: Doubletree Club Hotel • 1515 Hotel Circle South San Diego Staff has received a copy of the staff report for the above item and has prepared a draft comment letter for City Council consideration, and authorization for the Mayor to sign the approved comment letter. The Director of Development Services will be attending the Commission Meeting to provide responses to questions or comments that the Commissioners may have as they consider this item. If the schedule of Councilmembers allow, they may also wish to attend the Coastal Commission meeting. It is uncertain as to when this matter -may be heard that day. OVERVIEW OF COASTAL COMNIISSION STAFF REPORT ISSUES AND CONCERNS: Staff has reviewed the Coastal Commission Staff Report and the report recommends approval of the project in general accordance with the plans, conditions, and requirements as imposed by the City through the adoption of Planning Commission Resolution No. 03- 38, adopted on November 5, 2003 on a 5 -0 vote of the Planning Commission. The Coastal Commission Staff are recommending imposition of "Special Conditions" regarding the following areas of concern: ❑ Submittal of Revised Plans; ❑ Future Improvements; ❑ Timing of Construction and Public Access; ❑ Staging Area for Construction; ❑ Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris; and ❑ Post Construction Best Management Practices. 2 CUP 03- 6.Ruby's Restaurant.CCC Application.CC Staff Report City Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant City Council Staff Report October 11, 2004 In all of the above areas except for "Submittal of Revised Plans ", City staff has no concerns that the proposed "special conditions" are in conflict with any of the terms and conditions of approval imposed by the City, and has no objection to the terms of those proposed special conditions. Special Condition re: Submittal of Revised Plans: The Coastal Commission Staff Report discusses "Access on the Pier" on pages 9 through 11, and ultimately concludes "that some smaller component of the public pier area could be utilized by the restaurant without adversely impacting public circulation and gathering areas" (emphasis added), and recommends a reduction in the size of the outdoor dining area from 556 to approximately 300 square feet. The configuration of the outdoor dining area as approved by the Planning Commission is indicated on "Exhibit 5" and the proposed reduction is indicated on "Exhibit 8 ". The major concerns of Coastal Commission staff, as set forth in the discussion on pages 9 through 11, are summarized below for the ease of City Council review: "The project involves improvements to an existing restaurant located at the end of the Seal Beach Pier as well as improvements to this end of the Seal Beach Pier where public circulation and gathering areas are already constrained by the small size of the pier end." "Therefore, there is approximately only 867 square feet of deck area for non - angling pier visitors to gather and circulate around the end of the pier without becoming encumbered by fishing tackle and other equipment used by fishermen in the narrow walkway described above." "This results in an existing public access area that is very small in size. Other similar pier ends with restaurants, such as Huntington Beach Municipal Pier with a Ruby's diner located at the pier end has a minimum 21 -foot wide walkway around its entire circumference." "The area for the public to enjoy the views and enjoy activities such as fishing would be significantly reduced and would also would give the impression that the end of the pier is reserved exclusively for restaurant patrons." "The Commission finds that the proposed consumption of public pier deck for restaurant use would significantly encroach upon limited public circulation and gathering area at the end of the pier that visitors currently use for activities such as fishing and viewing the coast." "The 300 square feet of encroachment that the Commission would allow is within two notches that flank the upcoast and downcoast sides of the existing restaurant building." 3 CUP 03- 6.Ruby's Restaurant.CCC Application.CC Staff Report City Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant City Council Staff Report October 11, 2004 "This design would avoid creating the physical impediments to public access described above, and limit the perception that the end of the pier is reserved exclusively for patrons of the restaurant." "The Executive Director could accept, as part of the revised plans conversion of part of the existing enclosed restaurant area into outdoor dining area (Exhibit #8) involving exchanging wall for doors /windows and modifications to the roof so long as the resultant roof doesn't exceed the height of the existing roofline." Overview of Staff Position on Coastal Commission Proposed Revisions: Staff has reviewed the Coastal Commission Staff Report and is of the opinion that the concerns regarding the proposed size of the outdoor dining area need to be addressed in the City comment letter. The proposed configuration of the outdoor dining area will reduce the size of this area from approximately 588 square feet to approximately 172.5 square feet, split into two separate areas that would be 11.5' by 7.5' in size, not the 300 square feet as indicated in the Coastal Commission Staff Report. The proposed reduction in area, and the resultant splitting of the outdoor dining into two separate areas would reduce the effective seating from 49 seats to around 10 -12 seats, containing approximately 86 square feet each. This type of configuration would be impractical to utilize by the restaurant operator, and the suggested comment letter encourages the Commission to approve the project as it was approved by the Planning Commission. In developing the final approved configuration of the outdoor dining area City staff worked with the California Department of Fish and Game, the Coastal Conservancy, and the Wildlife Conservation Board to address concerns relating to the impacts on anglers that utilize the pier, and addressed any concerns that those agencies had in the final plan as approved by the Planning Commission. Staff has prepared a comment letter for City Council review and for authorization of the Mayor to sign the sets forth the concerns of the City on the proposed project. The comment letter is provided as Attachment 1 and the Coastal Commission Staff Report on this matter is provided as Attachment 2. A copy of Planning Commission Resolution 03- 38, approving Conditional use Permit 03 -6 to allow for the outdoor dining area at Ruby's is provided as Attachment 3 for the information of the City Council. FISCAL IMPACT: None. • RECOMMENDATION: 4 CUP 03- 6.Ruby's Restaurant.CCC Application.CC Staff Report City Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant City Council Staff Report October 11, 2004 Authorize Mayor to sign the proposed letter, with any changes determined appropriate, to the Coastal Commission regarding Coastal Commission Application No. 5 -03 -521, Ruby's Diner Restaurant. Authorize Director of Development Services to attend Coastal Commission Meeting and respond to issues and concerns on behalf of the City. Receive and File Staff Report. NOTED AND APPROVED 4., rW hittenberg Ju elf otsuy Director of Development Servic Acting City Manager Attachments: (3) Attachment 1: City Comment Letter to California Coastal Commission re: Application Number 5 -03 -521, Ruby's Diner Restaurant Attachment 2: Coastal Commission Staff Report re: Application Number 5 -03 -521, Ruby's Diner Restaurant, dated September 24, - 2004 Attachment 3: Resolution Number 03 -38, A Resolution of the Planning Commission of the City of Seal Beach Approving CUP No. 03 -6, Allowing for the Creation of a Fully Enclosed, Uncovered 588 Square Foot Outdoor Dining Area at the Rear of the Existing Restaurant Structure (Ruby's Diner), Provision of Public Restrooms and Revisions to Trash Areas on the Seal Beach Pier at 900 Ocean Avenue, Seal Beach 5 CUP 03- 6.Ruby's Restaurant.CCC Application.CC Staff Report City Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant City Council Staff Report October 11, 2004 ATTACHMENT 1 CITY COMMENT LETTER TO CALIFORNIA COASTAL COMMISSION RE: APPLICATION NUMBER 5 -03 -521, RUBY'S DINER RESTAURANT 6 CUP 03- 6.Ruby's Rcstaurant.CCC Application.CC Staff Report I V 5 ft g , ? ) 2 Y — rr c PLANNING k t9 � tjA DEPARTMENT Memorandum To: Fernie Sy, Califomia Coastal Commission Attention: John B. Bahorski, City Manager From: Lee Whittenberg, Director of Development Services Date: October 12, 2004 SUBJECT: SEAL BEACH COMMENT LETTER RE: COASTAL PEMIT APPLICATION 5 -03 -521, RUBY'S DINER RESTAURANT, SEAL BEACH PIER Fernie: Provided are an original signature copy and 25 additional copies of a City Council approved comment letter regarding the above - referenced application. As we had previously discussed, the City Council considered this matter on Monday evening, October 11 and instructed the Mayor Pro-Tem to sign the letter on behalf of the City. Please ensure that copies are provided to the members of your staff and the Coastal Commissioners as soon as possible so all interested parties may have time to review prior to consideration of this matter on October 13. Thank You, Lee Whittenberg Director of Development Services City of Seal Beach Attachment: City Council Comment Letter re: Permit Number 5 -03 -521, Ruby's Diner Restaurant, Seal Beach Pier (original and 25 copies) Z•\My Documents \CUP \CUP 03- 6.Coastal Commission Comment Letter Submission Memo.doc \LW\10- 12-04 Efit) oa POFa, F �9�" o p o•az 0 o f o UN1T k7 OW OWL SO 0 0:0®M NEW 0 90 74 420.2329 wswnetalessksahoffine W12b APPLICATION NUMBER 5 -03 -521 CITY OF SEAL BEACH SUPPORT AS APPROVED BY CITY October 11,2004 Chairman Mike Reilly California Coastal Commission South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802 Subject: PERMIT NUMBER 5 -03 -521 RUBY'S DINER RESTAURANT SEAL BEACH PIER Dear Chairman Reilly, City Requests Approval of Project as Approved by City Planning Commission: The City is writing this letter to request consideration of approval of the subject application in accordance with the City of Seal Beach Planning Commission approval granted on November 5, 2003, and as graphically represented as "Exhibit 5" of the Coastal Commission Staff Report. Reasons to support that determination are provided below under "Reasons to Support Requested Size of Outdoor Dining Area ". City Supports Imposition of All Special Conditions, Except Special Condition 1.A.1: With the exception of Special Condition 1.A.1, the City concurs with and supports imposition of the remaining proposed special conditions, as drafted by the Coastal Commission Staff. In general, the City agrees with the review and conclusions reached by the Coastal Commission staff in this matter, with the exception of the proposed reduction in size of the outdoor dining area. Z: \My Documents \CUP \CUP 03 -6. Ruby's Restaurant.City Council Comment Letter.doc \LW\10 -11 -06 City of Seal Beach Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant October 11, 2004 Reasons to Support Requested Size of Outdoor Dining Area: Provided below are several reasons the City requests that the Coastal Commission consider in its deliberations on the matter of the appropriate size of the requested outdoor dining area: ❑ Proposed Project is Consistent with Section 30250 of the Coastal Act: The Commission is requested to consider this project in light of the language of Section 30250, which states: "(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it o, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources." This project, in the opinion of the City of Seal Beach, based on the information contained in the application and the additional information provided below, is compatible with the "existing developed areas able to accommodate it" language of Section 30250 and the Commission has the authority to make that determination. The proposed project is immediately adjacent to an existing restaurant and will enhance the low -cost visitor - serving dining availability and experience within the coastal area of Seal Beach by providing an additional 49 seats of outdoor dining with direct views of the Pacific Ocean, and the upcoast and downcoast shorelines. The proposed outdoor dining area utilizes an area of the Pier that traditionally is not heavily utilized by visitors and becomes a trash and debris gathering area due to the prevailing wind pattern and the building off- sets that currently exist. ❑ Proposed Project will increase the availability of low-cost visitor - serving dining areas at the Seal Beach Pier: The proposed project will enhance the availability of low -cost, visitor- serving dining availability at the end of the Seal Beach Pier by adding an additional 49 seats at the existing Ruby's Diner Restaurant. The availability of this increased dining area is seen as a positive by the City in that it will allow visitors to the Pier to be able to enjoy coastal and ocean views from an enclosed outdoor dining area, and at the same time allow for use of the outdoor dining area by handicapped persons by providing ADA accessible seating areas at both the counter seating area and at the table seating areas also. The expanded provision of low -cost, CUP 03- 6.Ruby's Restaurant.City Council Comment Letter 2 City of Seal Beach Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant October 11, 2004 visitor - serving dining areas within the City is extremely important to the visitor - serving capabilities of the City. ❑ Proposed Project will allow for sufficient public circulation and gathering areas around the outdoor dining area and provides for new public restrooms: The current pier deck area, including the existing railings comprise 1,006 square feet of area from the ocean- facing exterior walls of Ruby's Diner. The proposed outdoor dining area will utilize 56% of that area, leaving approximately 44% of the area available for public access and gathering areas. In developing the final approved configuration of the outdoor dining area City staff worked with the California Department of Fish and Game, the Coastal Conservancy, and the Wildlife Conservation Board to address concerns relating to the impacts on anglers that utilize the pier, and addressed any concerns that those agencies had in the final plan as approved by the Planning Commission. Those considerations also include increased accessibility to the angler areas for handicapped individuals, and include a designated wheelchair fishing area on the pier, while maintaining required ADA accessibility paths around all of the "bench areas" at the end of the pier that serve as seating areas for both visitors and anglers who enjoy the pier facility. The Seal Beach Pier was originally constructed in 1915 and is the longest remaining wooden pier in Southern California. As such, is reflects a design from a different time and cannot be expected to provide the same amenities that newer piers, such as the Huntington Beach Pier, can provide to visitors. It would have also been appropriate for your staff to provide information as to the availability of visitor serving and gathering areas at other similar piers in Orange County, such as the Balboa Pier, which also has a Ruby's Diner at the ocean end and a smaller "gathering area" than would exist at the Seal Beach Pier after the proposed outdoor dining area is constructed. Each of these piers provides a different and unique experience to its visitors, and the Commission should encourage and embrace those differences, not try to make them all fit into the same mold. ❑ Proposed Staff Modifications are unreasonable and result in an economically infeasible project approval by the Commission: The proposed configuration of the outdoor dining area will reduce the size of this area from approximately 588 square feet to approximately 172.5 square feet, split into two separate areas that would be 11.5' by 7.5' in size, not the 300 square feet as indicated in the Coastal Commission Staff Report. The proposed reduction in area, and the resultant splitting of the outdoor dining into two separate areas would reduce the effective seating from 49 seats to around 10 -12 seats, and split CUP 03- 6.Ruby's Restaurant.City Council Comment Letter 3 City of Seal Beach Comment Letter to • California Coastal Commission re: Application 5-03-521, Ruby's Diner Restaurant October 11, 2004 the outdoor dining area into two separate areas, containing approximately 86 square feet each. This configuration would be infeasible to operate in any sort of an efficient manner, and the suggested demolition of a portion of the structure to make this area work in a more feasible manner is an attempt to gloss over the unreasonableness of the suggestion. ❑ Proposed Staff Modifications result in an economically infeasible project approval by the Commission and ultimately no improvements to other proposed facilities that will enhance visitor serving capabilities at the Seal Beach Per: As indicated above, the proposed configuration of the outdoor dining area will reduce the size of the proposed outdoor dining area to such extent as to render the project infeasible, in the opinion of the City. The result of the project not proceeding is that there will no improvements to accomplish the following accompanying project actions: ❑ Provide separate restroom facilities for customers of the restaurant and for the general public that visits the Pier; ❑ Provide an. enclosed and enlarged trash area at the end of the Pier to adequately accommodate trash and debris generated by both Ruby's Diner and the general public; ❑ Provide enhanced angler areas and provide ADA compliant access and accommodations for both anglers and persons wishing to enjoy an outdoor dining experience at the Pier. Mr. Lee Whittenberg, Director of Development Services will be present at the Commission meeting to address the Commission on this matter and respond to questions or concerns of the Commission. Please do not hesitate to contact Lee Whittenberg, Director of Development Services, at (562) 431 -2527, extension 313 should you have any questions regarding the application before you, or the City's position regarding the proposed special conditions on the pending California Coastal Permit. Sincerely, ( • c-g) A493 Charles Antos Mayor Pro -Tern City of Seal Beach CUP 03- 6.Ruby's Restaurant.City Council Comment Letter 4 • City of Seal Beach Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant October 11, 2004 Distribution: To Coastal Commission by Hand Delivery on October 12, 2004 Seal Beach City Council Seal Beach Planning Commission Seal Beach Environmental Quality Control Board Director of Development Services Ruby's Diner Restaurant, Attn: Doug Cavanaugh CUP 03- 6.Ruby's Restaurant.City Council Comment Letter 5 City Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant City Council Staff Report October 11, 2004 ATTACHMENT 2 COASTAL COMMISSION STAFF REPORT RE: APPLICATION NUMBER 5-03 -521, RUBY'S DINER RESTAURANT, DATED SEPTEMBER 24, 2004 • • • 12 CUP 03- 6.Ruby's Restaurant.CCC Application.CC Staff Report STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION Filed: March 22, 2004 South Coast Area Office 49th Day: May 10, 2004 . 200 Oceangate, Suite 1000 180th Day: September 18, 2004 ;c - Long Beach, CA 90802 -4302 ' 270th Day: December , 2004 (562) 590 -5071 Staff: FSY -LB d 4,► W 1 2 b Staff Report: September 24, 2004 - Hearing Date: October 13 -15, 2004 Commission Action: • STAFF REPORT: REGULAR CALENDAR • • APPLICATION NUMBER: 5 -03 -521 APPLICANT: Ruby's Diner Restaurant PROJECT LOCATION: Seal Beach Municipal Pier, Seal Beach (Orange County) PROJECT DESCRIPTION: The project consists of: 1) conversion of 691 square feet of public pier area adjacent to the existing 2,995 square foot Ruby's City of Seal Beach restaurant into outdoor dining area (15 counter seats and 34 table seats) associated with Ruby's restaurant; 2) removal of an existing SEP 2 9 2004 trash enclosure; 3) remodel of the existing 474 square foot bait and Development Svcs tackle shop to houGe a new trash enclosure, public restrooms and fish cleaning sink 4) remodel and addition of the existing Ruby's restaurant including patron restrooms, walk -in cooler, and exterior ramps and 5) upgrading of the existing pier bench at the end of the pier. S OF STAFF RECOMMENDATION: • The subject site is the seaward end of the Seal Beach Municipal Pier in the City of Seal Beach. The major issues before the Commission relate to public access, water quality and marine - resources. Staff is recommending the Commission APPROVE the proposed development with Seven (7) Special Conditions which requires 1) submittal of revised project plans to limit restaurant encroachments upon public pier area; 2) futureimprovements return to the Commission for review; 3) timing of construction to be outside of peak beach use season; 4) submittal of and conformance with a construction staging plan; 5); use of construction best management practices (BMPs); 6) the debris disposal site to be located outside the coastal zone; and 7) submittal of post - construction best management practices. LOCAL APPROVALS RECEIVED: City of Seal Beach Approval -in- Concept dated December 22, • 2003. • SUBSTANTIVE FILE DOCUMENTS: Letter from the California Department of Fish & Game to the City of Seal Beach dated November 20, 2003; Letter to Ruby's from Commission staff dated January 21, 2004; Letter from the U:S. Army Corps. Of Engineers to Steven Langford Architects, Inc. dated February 23, 2004; Letter to Commission staff from the city of Seal Beach dated March 2, 2004; Letter from the California State Lands Commission to Steven Langford Architects, Inc. dated March 16, 2004; Information from Ruby's submitted • 5 -03 -521- (Ruby's) Staff Report — Regular Calendar Page 2of17 to Commission staff dated March 22, 2004; and Information from Ruby's submitted to Commission staff dated April 28, 2004. • EXHIBITS • 1. Assessor Parcel Map • 2. - Vicinity Map 3. Site Plans 4. Existing Floor Plan 5. Floor Plan • 6. Demolition Plan 7. Elevations 8. Commission Staff's Reduced Outdoor Dining Plan STAFF RECOMMENDATION: Staff recommends that the Commission adopt the following motion and resolution: MOTION: • "1 move that the Commission approve Coastal Development Permit No. 5 -03 -521 pursuant to the staff recommendation." _ Staff recommends a YES vote. Passage of this motion will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present. I 1. APPROVAL WITH CONDITIONS The Commission hereby APPROVES a coastal development permit for the proposed development and adopts the findings set forth below on grounds that the development as conditioned will be in _ conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming . to the provisions of Chapter 3. Approval of the permit complies with the California Environmental • . Quality Act because either 1) feasible mitigation measures and /or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no feasible mitigation measures or alternatives that would substantially lessen any significant adverse impacts of the development on the environment. 11. STANDARD CONDITIONS • • 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. • 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 3 of 17 2. Expiration. If development has not commenced, the permit will expire two years from the ' • • date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. • 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. • 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. III. SPECIAL CONDITIONS 1. Submittal of Revised Plans A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the "- applicant shall submit revised project plans, which reflect t' .e following: • 1) The limits of allowable encroachment for restaurant uses upon existing public pier area shall be confined within the space generally depicted in Exhibit #5 of this staff report. Furthermore, the height of proposed development shall not exceed the height of the roofline of the existing restaurant. 2) The removal of the 56 square foot trash enclosure depicted on the project plans but which are not a part of the proposed project. B. The"permittee shall undertake development in accordance with the approved plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director . determines that no amendment is required. 2. Future Improvements This permit is only for the development described. in Coastal Development Permit No. 5 - 5217 Pursuant to Title 14, California Code of Regulations, Section 13250(b)(6), the exemptions otherwise provided in Public Resources Code, Section 30610(b) shall not • • apply. Accordingly, any future improvements to the development authorized by this permit that would result in an increase in square footage or any other change in the intensity of use of the property including, but not limited to, repair and maintenance identified as requiring a permit in Public Resources Code, Section 30610(d) and Title 14, California Code of Regulations, Sections 13252(a) -(b), shall require an amendment to Permit No. 5- 03 -521 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 4 of 17 3. Timing of Construction and Public Access By acceptance of this permit, the applicant agrees to minimize adverse impacts to public use of the pier, adjacent.beaches, or public parking Tots resulting from construction activities as required below: - • A. No construction shall occur during the "peak use" beach season, defined as the period starting the day before the Memorial Day weekend and ending the day after - the Labor Day weekend of any year. • B. Pedestrian access to the pier shall be maintained at all times during construction, except for limited periods of closure during the non -peak use beach season upon the portion of the pier within the immediate vicinity of the proposed construction. 4. Staging Area For Construction A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a plan for the review and approval of the Executive Director, which indicates that the construction staging area(s) and construction corridor(s) will avoid impacts upon public access at the Seal Beach Municipal Pier, the beach and • the public beach parking lots. (1) The plan shall demonstrate that: (a) Construction equipment, materials or activity shall not occur outside the staging area and construction corridor identified on the site plan required by this condition; and • (b) Construction equipment, materials, or activity shall not be placed in any location which would result in impacts upon public access at the Seal Beach Municipal Pier, the beach and the public beach parking lots, other than as allowed under Special Condition 3. (2) The plan shall include at a minimum, the following components: • (a) A site plan that depicts: 1. limits of the staging area(s); 2. •construction corridor(s); 3. construction site; • 4. location construction fencing and temporary job trailers with respect to the Seal Beach Municipal Pier, the beach and the public beach parking lots. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 5of17 Commission amendment to this coastal development permit unless the• Executive Director determines that no amendment is required. • • 5. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris The permittee shall comply with the following construction-related requirements: • A. No construction materials, debris, or waste shall be placed or stored where it may ' enter a storm drain or be subject to wave erosion and dispersion; B. Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; C. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end " of each day. D. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after Toss. • E. Netting, tarps and /or other forms of barriers shall be installed between the water and the work areas to prevent any unpermitted material from entering the Pacific Ocean. - F. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) • .. designed to prevent spillage and /or runoff of construction - related materials, and to contain sediment or contaminants associated with construction activity, shall be implemented prior to the on -set of such activity. BMPs and GHPs which shall be implemented include, but are not limited to: stormdrain inlet protection with sandbags or berms, all stockpiles must be covered, and a pre - construction meeting shall be held to review procedural and BMP /GHP guidelines. Selected BMPs shall be maintained in a functional condition throughout the duration of the project. G. Construction debris and sediment shall be properly contained and secured on site with BMPs, to prevent the unintended transport of sediment and other debris into coastal waters by wind, rain or tracking. Construction debris and sediment shall be removed from construction areas as necessary to prevent the accumulation of sediment and other debris, which may be discharged into coastal waters. Debris shall be disposed at a debris disposal site outside the coastal zone, pursuant to ^ - - Special Conditioc No. 5. • . 6. Location of Debris Disposal Site The applicant shall dispose of all demolition and construction debris resulting from the proposed projects at an appropriate location outside the coastal zone. If the disposal site is located within the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place. • • 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 6 of 17. 7. Post Construction Best Management Practices The applicant shall implement structural and non - structural Best Management Practices (BMPs) designed to ensure that runoff from the Municipal Pier. does not adversely affect water quality. These source control measures may include, but are not limited to, 1) routine inspection and cleaning of the outdoor patio dining area, including frequent sweeping, scrubbing, and trash removal; and 2) full enclosure of the proposed trash and recycling areas, which shall be covered, watertight, and designed to resist scavenging animals. These measures shall be carried out at frequencies sufficient to'effectively minimize the accumulation of pollution, which could be washed into coastal waters. IV. FINDINGS AND DECLARATIONS: • The Commission hereby finds and declares: A. PROJECT LOCATION AND DESCRIPTION AND PREVIOUS COMMISSION ACTION ON • SITE 1. Proiect location and Description The project site is located at the end of the Seal Beach Municipal Pier in the City of Seal Beach (Exhibits #1 -3). The pier serves as a popular destination point for the public to come and enjoy the low cost visitor and recreational facilities since it is surrounded by the • beach and ocean and it is easily accessible to those people going to the beach. The pier is also located at the end of Main Street in the City's Old Town Area, which is the City's primary visitor serving commercial area. Thus, the pier is a draw for visitors to the commercial district as well. Surrounding the restaurant/most seaward end of the Seal Beach Municipal Pier are the following: to the North and South is the public beach and ocean; to the West is the Pacific Ocean; and to the East are the remaining length of the Seal Beach Municipal Pier extending toward land, the 8 and 10 Street Beach Parking Lots that flank the pier and Main Street. The site is zoned by the City's uncertified planning documents as Public Land Use/ Recreation (PLU /R). This zone applies to publicly owned and publicly used buildings, public parklands and public open space areas. The proposed project consists of a remodel of the seaward end of the Seal Beach Pier and the existing Ruby's restaurant (Exhibit #4) located there. The project will also make the area at the end of the pier more ADA compliant. The project consists of the following • (Exhibit #5 -7): a) Conversion of 556 square feet of the seaward (west) portion of the public pier area adjacent to the existing 2,995 square foot Ruby's restaurant into an outdoor dining • area. Also, an addition of a 135 square foot (24 feet long) (1:12 slope) ramp with access.to patio elevation will be constructed and attached to the new patio and will conform to ADA standards. The 691 (556 sq. ft. patio + 135 sq. ft. ramp =691 • square feet) square feet area will provide 15 counter seats and 34 table seats. The proposed patio area will be raised 1 -foot above the existing pier elevation and will have a deck material of monolithic poured traffic deck or concrete material for ease • 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 7of17 of cleaning and will not allow seepage to the existing pier deck below. The restaurant finish floor will be 2 -feet above the pier and the patio will be marked "exit only" and entry to the patio will be available through the restaurant. A 4 -foot high patio wall with a 4 -foot glass screen on top of the wall totaling 8 -feet will enclose this new outdoor patio. In addition, a portion of the entrance stair will be removed and a railing will be installed. • b) The existing trash enclosure located at the end of the pier will be demolished, as it has no protection against the ocean and will be replaced by the new enclosure within the remodeled 474 square foot former Bait and Tackle shop building - (description below). The removal of the existing enclosure will allow for additional pier area and emergency vehicular turn - around area and pier railing area. c) The existing 474 square foot Bait and Tackle shop has been vacated and the lease has not been renewed. The existing building will be remodeled to house a new 183 square foot trash enclosure and a 291 square foot public restroom totaling 474 - square feet. The floor will be constructed with concrete and drain to prevent seepage through the existing pier deck. The facility will contain a hose bib for cleaning the new restroom and trash enclosure. The drain /sediment basket will be connected to the existing sanitary sewer. The enclosure will be ventilated and have protection from birds entering into the trash enclosure. The restroom will be constructed and equipped with stainless steel fixtures and shall be maintained by the restaurant owner. A fish cleaning area will be added outside to the building's east side with direct drainage into a sediment basket that must be cleaned periodically. The cleaning area will consist of a new stainless steel sink and drain board and splash that is strictly for fish cleaning. Also, a visible sign will be posted over the sink indicating that this area is for "Fresh Fish Cleaning Only." An existing non -ADA drinking fountain will be relocated to the east side at the exterior of the proposed new public restrooms /trash enclosure and shall be equipped with a shutoff valve and shall be designed to meet ADA standards. If in the future an enclosure is deemed necessary by the restaurant/Director of Public Works and the City Engineer, the applicant has stated that a future trash enclosure comprising of 56 square feet will be constructed at the location of the existing trash enclosure. This new trash enclosure will be smaller than the existing _one. The enclosure will not allow any discharge into the ocean and would be used for recycling. However, the applicant is not proposing this structure at this time. d) The project also includes a 130 square foot addition (Walk -In Cooler) to the east side of the existing restaurant (where the existing loading platform and ramp exist) with an added stair for exiting. Post project, the service area will be 2,679 square feet (660 square foot kitchen, 130 square foot proposed Walk- In.Cooler and 1,889 • square foot public area). • - An exterior ADA ramp at the main entrance to the restaurant will be constructed. In addition a portion of the entrance stair t� the restaurant will be removed and a railing will be installed. The existing water meter in the existing electrical panel within the transformer room, including the installation of a new shutoff valve shall be relocated. • 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 8of17 The existing restroom within the Ruby's restaurant building, but accessible to the public from outside the restaurant, will be converted to a restroom for the restaurant patrons and will be accessed from within the restaurant. The restroom will meet current ADA requirements. These facilities will be used by restaurant and will be maintained by the restaurant and will no longer be shared with the public. Currently, the restroom is being used by visitors to the pier as well as the restaurant patrons. The proposed project will also include an enclosed trash area in the 8 Street , Beach Parking Lot. None of the existing parking spaces will be lost due to the trash area. This is an existing trash area and a new enclosure will be constructed in the same location and sized per City requirements. The existing pier bench at the end of the pier and wall at the end of the pier will be upgraded and an additional opening will be added to improve handicap access and circulation. Additionally, though not part of this application, the City Manager's office has indicated that • the boat ramp and hoist adjacent to the Bait & Tackle Shop will be removed during an upcoming Public v irks Project. Removal of the ramp and hoist would free up additional • area on the pier for fishing and public use. However, this is not part of the proposed project. 2. Previous Commission Action On Site On January 8, 1985, the Commission approved Coastal Development Permit Application #5 -84- 654 -[City of Seal Beach]. The proposed project was for the replacement and reconstruction of an existing 2, 680+ square foot restaurant, which was storm damaged in February 1983 located at the end of the Seal Beach Municipal Pier. The new structure was to be located at the same site as the original structure and was to have substantially the same purpose and capacity as the replaced restaurant structure with no change in the footprint of the structure. One (1) Special Condition was imposed which required that determination be made as to whether there were conflicts or inconsistencies between the project as approved by . the Commission and the provisions of the lease. B. PUBLIC ACCESS AND LOWER COST VISITOR RECREATIONAL FACILITIES Section 30213 of the Coastal Act states in relevant part: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. Section 30221 of the Coastal Act states: • Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately • provided for in the area. • 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar - Page 9 of 17 Section 30252 of the Coastal Act states in relevant part: The location and amount of new development should maintain and enhance public access to the coast by... (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads... (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation. The primary issues of concern to the Commission triggered by development at this location ' include 1) protection of lower cost visitor - serving public pier area and 2) potential adverse impacts on parking resulting in impaired access to the coast. 1. Access on the Pier As cited previously, Section 30213 of the Coastal Act requires that lower cost visitor and recreational facilities be protected, encouraged and where feasible, provided. Section 30221 requires that oceanfront land suitable for recreational use shall be protected for recreational use and development. The project involves improvements to an existing restaurant located at the end of the Seal Beach Pier as well as improvements to this end of • the Seal Beach Pier. The project site is the City's primary lower cost, visitor - serving development. The pier provides public fishing opportunities, fresh ocean air, and an opportunity to walk and look out at the ocean and to get a panoramic view of the coastline. • The project involves improvements to an existing restaurant located at the end of the Seal Beach Pier as well as improvements to this end of the Seal Beach Pier where public circulation and gathering areas are already constrained by the small size of the pier end. • The most seaward portion of the public pier area where the outdoor dining is proposed consists of approximately 1,195 square feet. A narrow walkway at a width of approximately 5 -feet with a bench and railing that follows the edge of the pier, which are at times used by fishermen, comprises of approximately 328 square feet of this deck area. Therefore, there is approximately only 867 square feet of deck area for non - angling pier visitors to gather and circulate around the end of the pier without becoming encumbered by fishing tackle and other equipment used by fishermen in the narrow walkway described above. Along the Northern end of this end of the pier is an approximately 10 -foot walkway and to the South is an approximate 5 -foot walkway and the existing Ruby's restaurant takes up the rest of the pier. This results in an existing public access area that is very small in size. Other similar pier ends with restaurants, such as the Huntington Beach Municipal Pier with a Ruby's diner located at the pier end has a minimum 21 -foot wide walkway around its entire circumference. The project includes the conversion of 556 square feet of the seaward (west) portion of the public pier area adjacent- to the existing 2,995 square foot Ruby's restaurant into outdoor dining area. Also, an addition of a 135 square foot (24 feet long) (1:12 slope) ramp with access to patio elevation will be constructed and attached to the new patio and conform to ADA standards. These additions would take up approximately half of the available pier area for public access. The area for the public to enjoy the views and enjoy activities such as fishing would be significantly reduced and would also would give the impression that the end of the pier is reserved exclusively for restaurant patrons. The Commission finds that 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 10of17 the proposed consumption of public pier deck for restaurant use would significantly encroach upon limited public circulation and gathering area at the end of the pier that visitors currently use for activities such as fishing and viewing the coast. • The proposed outdoor dining area and ramp extend approximately 7 -feet seaward from the seaward most limit of the existing Ruby's restaurant. This proposed encroachment beyond the existing seaward most limits of the restaurant creates the most significant consumption of public pier deck area and is the element that would cause the most significant interruption to public circulation. There are in a sense two (2) sections of the deck in this area: 1) there is a narrow walkway with bench and railing that follows the edge of the pier, , which are at times used by fishermen and 2) the remaining interior section of the deck. The interior section of the deck allows visitors to gather and circulate around the end of the pier without becoming encumbered by fishing tackle and other equipment used by anglers that makes passage using the narrow walkway described above difficult during the frequent periods these areas are occupied by anglers. Thus, the Commission requires the applicant to eliminate this 7 -foot seaward extension. However, the Commission finds that some, smaller component of the public pier area could be utilized by the restaurant without adversely impacting public circulation and gathering areas. The required change would reduce the outdoor dining area to approximately 300 square feet and the ramp area to approxim; .aly 111 square feet resulting in the reduction of adverse impacts to public access on the pier (Exhibit #8). The 300 square feet of encroachment that the Commission would allow is within two notches that flank the upcoast and downcoast sides of the existing restaurant building. Occupation of these areas by restaurant uses would be confined within the general limits of area presently occupied by the restaurant and would not extend the seaward limit of the restaurant. This design would avoid creating the physical impediments to public access described above, and limit the perception that the end of the pier is reserved exclusively for patrons of the restaurant. If the applicant continues to desire more outdoor patio area, such additional outdoor dining area could be obtained by converting indoor dining to outdoor dining through the selective removal of walls, in favor of doors and windows, and changes to the roof if open air is desirable. The Executive Director could accept, as part of the revised plans conversion of part of the existing enclosed restaurant area into outdoor dining area (Exhibit #8) involving exchanging wall for doors /windows and modifications to the -roof so long as the resultant roof doesn't exceed the height of the existing roofline. Conversion of some indoor area into outdoor dining area would not result in any additional seaward encroachment and not result • in any adverse impacts to public use of the pier. Therefore, the Commission imposes, Special Condition No. 1, which requires the submittal of revised project plans showing • removal of the proposed outdoor dining area and ramp seaward of the existing restaurant • building. Exhibit #5 depicts the limits of allowable public deck encroachment. • Separate from the above described issue, the applicant has stated that if in the future an enclosure is deemed necessary by the restaurant/Director of Public Works and the City Engineer, a future trash enclosure comprising of 56 square feet will be constructed at the location of the existing trash enclosure. However; since this aspect of the proposed project is not definite, it should be removed from the project plans. The project plans should only contain elements that are definitely part of the proposed project. Therefore, the _ Commission imposes, Special Condition No. 1, which requires the submittal of revised project plans showing removal of the 56 square foot trash enclosure that is depicted on the plans, but not proposed at this time. If this element were proposed at a later time, the • 5 -03- 521 - (Ruby's) • Staff Report — Regular Calendar Page 11 of 17 applicant would have to submit to the Commission for review as described below. It would have to be reviewed to analyze its impact to coastal access on site. Without controls on future development, the applicant could construct amenities to the proposed restaurant and pier that would have negative impacts on coastal resources, and could do so without first acquiring a coastal development permit. Examples would include, but are not limited to, occupation of additional public pier deck area with tables, seating and other restaurant - oriented facilities. Such development would need to be reviewed for impacts upon public access. In order to prevent the current authorization from being perceived by the applicant or others as allowing such future development, it is necessary to - ensure that any future development — including the development of amenities that would otherwise normally be exempt -- will require a permit. Therefore, the Commission imposes Special Condition No. 2, which informs the applicant that any future development which changes the intensity of use of the site or which changes the use of the site requires an amendment to this permit or a new coastal development permit. The Seal Beach Municipal Pier is a low -cost, visitor - serving facility, which- provides public • fishing opportunities, fresh ocean air, and an opportunity to walk and look out at the ocean and to get a panoramic view of the coastline. Any development on a public pier is therefore subject to scrutiny as to whether the development would affect the public's recreational interest. In )rder to ensure that access to the beach is not hindered during the peak summer season, the Commission finds it necessary to impose Special Condition No. 3, which prohibits construction to occur during the peak use summer season that would obstruct public access to the pier, adjacent beaches, or public parking lots. In addition, the Commission imposes Special Condition No. 4, which requires the permittee to submit a . construction staging plan, which indicates construction staging area(s) and construction corridor(s) that would not obstruct public access to the pier, adjacent beaches, or public parking lots. 2. Parking When development does not provide adequate parking, users of that development are forced to occupy parking that should be available to the public -at- large. This results in competition between users of private development and visitors to the coastal zone for available public parking spaces. An inadequate supply of public parking can deter the public from visiting the coastal zone. Consequently, it is important that all new development provide adequate parking to minimize adverse•impacts public access to, and use of, the coast. Local Parking Requirements • The pier is ffariked by the 8 and 10 Street Beach Parking Lots that are the main parking reservoir for the public visiting the pier and beach. The City does not have established parking requirements for the PLU /R zone within which the project site is located. Since there is no City - established parking requirement, the subject business meets all parking requirements of the City. However, a similarly sized restaurant in a commercial zone would be required by the City to provide 19 parking spaces for the 1,889 square feet of service area for the existing restaurant. This is based on the City's requirement of 1 parking space for every 100 square feet of building and outdoor dining area for restaurant uses. The proposed 556 square feet of outdoor dining area would require the provision of 6 additional • 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 12of17 • parking spaces. However, no new parking is proposed to serve the expanded use of the • restaurant. The existing restaurant building is not served by an exclusive parking pool. Parking to serve the uses in this area such as the restaurant, pier and beach is provided at the 8 and 10 Street Beach Parking lots that flank the landward end of the pier and contains 462 parking spaces. Previously in 1987, the Seal Beach City Council considered this matter of parking for the ' restaurant use and determined that restaurant patrons would utilize the beach parking lot , - and therefore on -site or in -lieu parking was not an issue. The Council treated the pier • restaurant as a beach amenity; as such the restaurant is covered under the public beach parking at 8 and 10 Street. Based on this premise that established the restaurant and allowed it to open in 1988. • While the current proposed project would result in the need of 6 additional parking spaces, based on City criteria for commercial uses, the Seal Beach Planning Commission determined again that the project did not require the provision of any additional parking, under the same assumption adopted by the City in 1987, that the restaurant isn't an independent parking draw, but rather is an amenity used by visitors to the beach and pier. . Commission Parking Requirements • Public access to the coast can be adversely impacted by new development if adequate parking spaces are not provided. Patrons of the new development will compete with beach -goers for public parking spaces.. In this case, the project is located immediately adjacent to the beach. As such, parking in the project area would generally be utilized for beach parking. The Commission typically imposes a parking standard of 1 space per each 50 square feet . of service area for restaurant uses. Based on this standard, the existing restaurant would require 38 parking spaces for the 1,889 square feet of public area for the existing restaurant. The proposed outdoor dining area would require the provision of 11 additional parking spaces for the new 556 square outdoor ding area. As stated previously, no new parking is proposed to serve the expanded use of the restaurant. On the other hand, the Commission imposed Special Condition No. 1 above, that would limit the restaurant expansion to approximately 300 square feet. • This would change the anticipated additional parking demand from 11 spaces to 6 spaces. Thus, an additional benefit of Special Condition No. 1 is a reduction of potential public access impacts associated with parking. However, the Commission recognizes that the restaurant is located in an area that is frequented by visitors to the coast. The restaurant is located on the public pier, where visitors can go fishing or enjoy the view of the coast. Also, the pier is located adjacent to the public beach. Therefore, there is merit to the City's assumption that some component . of the visitors to the restaurant on the pier would likely also be visiting the beach. Thus, in many respects the restaurant would operate more like a beach concession, than as a destination restaurant with a demand independent from the parking demand of beach visitors. 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 13 of 17 . It is anticipated that visitors may go to more than one destination in this area, thereby reducing parking demand through shared use. This is consistent with Section 30252, which requires that new development maintain and enhance public access to the coast by "providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads." The expanded restaurant will continue to cater to the beach - going public and will not serve as a sole destination for the area. As such, the reduced service area being allowed by the Commission will not create a significant additional parking demand. Those seats will serve the public that is already visiting the beach and the Pier. 3. California State Lands Commission The California State lands Commission has reviewed the project and determined that it is not inconsistent with the Public Trust or otherwise in violation of the provisions of Tidelands Lease PRC 3729.1. However, this is not a declaration of consistency with Chapter 3 policies of the Coastal Act pertaining to public access. Conclusion To minimize the adverse impacts public accr ,s and lower cost visitor recreational facilities, three " (3)• Special Conditions have been imposea. Special Condition No. 1 requires the applicant to submit revised project plans. Special Condition No. 2 requires that the applicant submit any future improvements to the Commission for review. Special Condition No. 3 requires that the timing of construction to be outside of peak beach use season. Special Condition No. 4 requires that the applicant to submit and conform with a construction staging plan. Only as conditioned, the Commission finds that the proposed project is consistent with Section 30252, 30213 and 30221 of the Coastal Act. C. WATER QUALITY AND MARINE RESOURCES Section 30230 of the Coastal Act in relevant part states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long -term commercial, recreational, scientific, and educational purposes. Section 30231 of the Coastal Act in relevant part states: • The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, . and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and . entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, • 5 -03 -521- (Ruby's) Staff Report — Regular Calendar • Page 14of17 • maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. . - • Section 30232 of the Coastal Act states: Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures shall be provided for accidental spills that do occur. I 1. Construction Impacts to Water Quality Construction impacts have the potential to negatively affect water quality. Storage or placement of construction materials, debris, or waste in a location subject to erosion and dispersion or which may be discharged into coastal water via rain, surf, or wind would result in adverse impacts upon the marine environment that would reduce the biological productivity of coastal waters. For instance, construction debris entering coastal waters may cover and displace soft bottom habitat. Sediment discharged into coastal waters may cause turbidity, which can shade and reduce the productivity of foraging avian and marine species' ability to see food in the water column. In order to avoid adverse construction - • related impacts upon marine resources, the Commission imposes Special Condition No. 5, which outlines construction - related requirements to provide for the safe storage of construction materials and the safe disposal of construction debris and Special Condition No. 6 requires the debris disposal site to be located outside the coastal zone. These conditions ensure that construction activities will not have a negative impact on coastal resources. • 2. Post Construction Impacts to Water Quality - Post - construction Best Management Practices (BMPs) must be incorporated into the • proposed project to ensure that adverse impacts to water quality and marine resources caused by things like trash, restroom runoff, detergent use that would affect the project area do not occur. • To ensure that there are no adverse impacts to water quality and marine resources, the Commission imposes Special Condition No. 7, which requires implementation of BMPs designed to effectively minimize the accumulation of pollution which could be washed into coastal waters via stormwater and nuisance flow leaving the Municipal Pier. These source control measures shall include, but are not limited to, 1) routine inspection and cleaning_of the outdoor patio dining area, including frequent sweeping, scrubbing, and trash removal; and 2) full enclosure of the proposed trash and recycling areas, which shall be covered, watertight, and designed to resist scavenging animals. 3. Regional Water Quality Control Board (RWQCB) - The Regional Water Quality Control Board (RWQCB) has reviewed the project and determined that no approval is necessary from their office. - 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar Page 15 of 17 4. United States Army Corps of Engineers (USACOE) The United States Army Corps of Engineers (ACOE) has reviewed the proposed project and determined that it would not affect the course, condition, and navigability capacity of a water of the United States, namely the Pacific Ocean, as the pier structure already exists and is -not being modified in any way. Therefore, the proposed work would not constitute a regulated activity under Section 404 of the Clean Water Act and a Section 404 permit is not • required from their office. In addition, since the proposed project would not result in the • discharge of dredged or fill material to waters of the United States, the proposed work would not constitute a regulated activity under Section 404 of the Clean Water Act and a - Section 404 permit is not required from their office. 5. The California Department of Fish and Game (CDF&G) The California Department of Fish and Game (CDF &G) has reviewed the project and determined that there would be no significant impacts to recreational anglers as a result of the remodeling the restaurant. However, this was not an assessment of overall impacts to public access required by Chapter 3 policies of the Coastal Act. Conclusion To minimize the adverse impacts upon water quality and the marine environment, three (3) Special - Conditions have been imposed. Special Condition No. 5 requires the applicant to • adhere to construction - related requirements to provide for the safe storage of construction materials and the safe disposal of construction debris and also requires the applicant to • incorporate Best Management Practices effective at mitigating pollutants of concern. Special Condition No. 6 requires the applicant to dispose all demolition and construction debris at an appropriate location. Special Condition No. 7 requires the applicant to submit post - construction best management practices. Only as conditioned, the Commission finds that the proposed project is consistent with Section 30230, 30231 and 30232 of the Coastal Act. E. LOCAL COASTAL PROGRAM • Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified local coastal program. The permit may only be issued if the..Commission finds that the proposed development will not prejudice the ability of the local government to prepare a Local Coastal Program, which conforms with Section 30604 of the Coastal Act. On July 28, 1983, the Commission denied the City of Seal Beach Land Use Plan (LUP) as --==-submitted_and..Qertified it with suggested modifications. the City did not act on the suggested modifications within six months from the date of Commission action. Therefore, pursuant to . Section 13537(b) of the California Code of Regulations, the Commission's certification of the land use plan with suggested modifications expired. The LUP has not been resubmitted for certification •• since that time. The proposed development, as conditioned, is consistent with the Chapter Three policies of the Coastal Act. Therefore, the Executive Director finds that approval of the proposed development, 5 -03- 521 - (Ruby's) Staff Report — Regular Calendar • Page 16of17 as conditioned, would not prejudice the ability of the City to prepare a certified coastal program consistent with the Chapter 3 policies of the Coastal Act. F. CALIFORNIA ENVIRONMENTAL QUALITY ACT Section 13096(a) of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, • as conditioned by any conditions of approval, to be consistent with any applicable requirements of , the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development'from being approved if there are feasible alternatives or further feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The project is located in an urbanized area and is an improvement and enhancement project for the area. The major issues of this staff report concern public access, water quality, and marine resources. The proposed development, as conditioned, is consistent with the Chapter 3 policies of the Coastal Act. The conditions also serve to mitigate significant adverse impacts under CEQA. Seven (7) Special Conditions are being imposed. The Special Conditions address: 1) submittal of revised project plans to limit restaurant encroachments upon public pier area; 2) future improvements return to the Commission for review; 3) timing of construction to be outside of peak . beach use season; 4) submittal of and conformance with a construction staging plan; 5); use of ' construction best management practices (BMPs); 6) the debris disposal site to be located outside the coastal zone; and 7) submittal of post- construction best management practices. As conditioned, no feasible alternatives or further feasible mitigation measures are known, beyond those required, which would substantially lessen any identified significant effect which the activity • may have on the environment. Therefore, the Commission finds that the proposed project, as • conditioned, is the least environmentally damaging alternative and is consistent with CEQA and the policies of the Coastal Act. • • H: \FSY\Staff Reports \Oct04 \5 -03- 521- [Ruby's]RC(SB) • • • • I l Lo 11 L a)' O HOE 11.71.7 1 e. IS m il' - w il . _ . O° p. y 0 0 P. ...k, . == +. rta] �; _; woli m=i W NM '` o- ' 1 - PI ©mid kow, '4 s `" " x 0 NL4W ia,Its on . a a cr i RECEIVED o : g S th Coast Region h i I aDEC 2 2 2003 a m < .7. CALIFORNIA -� , r COASTAL COMMISSION — 1 T r ;133115 slat Mee • O • I _ o O g V hi — : cQ � =:tee . 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City Comment Letter to California Coastal Commission re: Application 5 -03 -521, Ruby's Diner Restaurant City Council Staff Report October 11, 2004 ATTACHMENT 3 RESOLUTION NUMBER 03 -38, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 03 -6, ALLOWING FOR THE CREATION OF A FULLY ENCLOSED, UNCOVERED 588 SQUARE FOOT OUTDOOR DINING AREA AT THE REAR OF THE EXISTING RESTAURANT STRUCTURE (RUBY'S DINER), PROVISION OF PUBLIC RESTROOMS AND REVISIONS TO TRASH AREAS ON THE SEAL BEACH PIER AT 900 OCEAN AVENUE, SEAL BEACH 13 CUP 03- 6.Ruby's Restaurant.CCC Application.CC Staff Report ORIGINAL RESOLUTION NUMBER 03 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 03 -6, ALLOWING FOR THE CREATION OF A FULLY ENCLOSED, UNCOVERED 588 SQUARE FOOT OUTDOOR DINING AREA AT THE REAR OF THE EXISTING RESTAURANT STRUCTURE (RUBY'S DINER), PROVISION OF PUBLIC RESTROOMS AND REVISIONS TO TRASH AREAS ON THE SEAL BEACH PIER AT 900 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 15, 2003, Ruby's Diner (the "Applicant ") filed an application with the Department of Development Services for Conditional Use Permit 03 -6 for the creation of a fully enclosed, uncovered 691 square foot outdoor dining area towards the rear of the existing restaurant structure (Ruby's Diner). The outdoor dining area will be located at the southerly end of the Seal Beach Municipal Pier. Section 2. 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 CUP 03 -6 for the proposed outdoor dining is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations § 15301 (Existing Facilities), because the proposal involves a negligible expansion of an existing use; 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 3. A duly noticed public hearing was held before the Planning Commission on November 5, 2003, to consider the application for CUP 03 -6. The Planning Commission considered all evidence presented, both written and oral regarding the subject application. Section 4. The record of the hearing of November 5, 2003 indicates the following: Z:\My Documents \RESO \CUP 03 -6 (Ruby's Restaurant).PC Reso.doc\LW\11 -10 -03 l Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 (a) On September 15, 2003, Ruby's Diner submitted an application for CUP 03 -6 with the Department of Development Services. (b) Specifically, the applicant is proposing to create a 691 square foot outdoor dining area towards the rear of the existing restaurant; to remodel the City Bait & Tackle shop to include new public restrooms, a new trash enclosure, and a new sink to clean fish; and to perform general remodel activities which will generally make the restaurant more ADA compliant. (c) The subject restaurant occupies the 2,679 square foot City -owned building, located at the end of the Municipal Pier, within the Public Land Use/Recreation (PLU /R) zone, and is located at the westerly end of the Seal Beach Municipal Pier. (d) The subject property is described as Orange County assessor's parcel number 199- 103 -03. (e) The subject property contains an existing restaurant that has been in operation for approximately 16 years. (f) The proposed restaurant is a full service restaurant that sells an assortment of non - alcoholic beverages as well as beer and wine. (g) The City has granted the following application for the property: • Conditional Use Permit 87 -7, which permitted beer and I � wine sales for on premises consumption at a restaurant land use at the end of the Municipal Pier. (h) The City has previously denied the following application for the property: • Conditional Use Permit 93 -15, an application for outdoor dining at Ruby's Restaurant. (i) The surrounding land uses and zoning are as follows: NORTH, SOUTH Pacific Ocean in a Public Land Use/Recreation EAST AND WEST (PLU /R) Zone Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to § §28 -1400, 28 -2503 and 28 -2504 of the City's Code, the Planning Commission makes the following findings: CUP 03 -6 (Ruby's Restaurant).PC Reso - 2 Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 a. CUP 03 -6 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a public land use designation for the subject property and permits restaurants subject to City Council approval. 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 Wildlife Conservation Board and the California Coastal Conservancy have provided communications to the City indicating their concurrence with the original proposal and the revised Staff Proposal of October 29, 2003, respectively. c. The building and property at 900 Ocean Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. d. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. e. The provision of outdoor dining at the restaurant, remodeling of the City Bait & Tackle shop, relocation of the bench at the end of the pier, and relocation of the trash enclosure are compatible with the character of the surrounding neighborhood. Adherence to conditions of approval placed on the use by the City of Seal Beach and the Coastal Commission should mitigate any negative impacts to neighboring residents. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 03 -6, subject to the following conditions: 1. Conditional Use Permit 03 -6 is approved for the remodel of and addition to the existing restaurant at the end of the Seal Beach Municipal Pier (Ruby's Diner) to include the following: the addition of approximately 588 square feet of outdoor dining area at the southerly end of the municipal pier; the remodel of the existing City Bait & Tackle shop to include 2 new public ADA compliant restrooms; integration of the existing restrooms into the interior of the restaurant; a redesigned trash enclosure with a roll up door as part of the City Bait & Tackle shop remodel; a future trash area on the pier; and an enclosed trash area within the 8th Street Beach parking Lot. All construction shall be substantial conformance to plans submitted as part of the application for CUP 03 -6, as revised by the Staff Revisions of October 29, 2003. 2. The applicant shall remain bound by all conditions of CUP 7 -87. 3. The proposed exterior exit from the outdoor dining area shall be an emergency exit only entrance and . shall remain closed at all times, except during an emergency. CUP 03 -6 (Ruby's Restaurant).PC Reso 3 Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 4. The applicant shall maintain the new exterior restrooms in a clean and sanitary manner at all times to the satisfaction of the Orange County Health Department and the Director of Public Works /City Engineer. Said restroom facilities shall be fully operational prior to the issue of a Certificate of Occupancy for the outdoor dining area. 5. The new public restrooms shall be equipped with stainless steel interiors, or other material acceptable to the Director of Public Works /City Engineer, to prevent graffiti and vandalism. 6. The east and north elevations of the new public restroom structure shall also have a minimum of louvers or some other opening suitable to the Director of Development Services for public safety noise monitoring. 7. The applicant shall relocate the existing domestic water meter located in the electrical panel within the transformer room, including the installation of a new shutoff valve, to a location acceptable to the Director of Public Works /City Engineer. The existing water service to the bait house shall be relocated to coincide with the relocated meter. 8. The applicant shall assume responsibility for maintenance of all water services seaward (south) of the relocated fresh water meter, since all water services seaward of the relocated meter will service only the pier restaurant. 9. The applicant shall relocate approximately 30 feet of bench from the southerly side of the pier to directly adjacent to the proposed outdoor seating area. 10. The relocated drinking fountain shall be equipped with a shutoff valve and shall be upgraded to meet ADA standards in a manner acceptable to the City of Seal Beach Department of Public Works. 11. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 12. The applicant shall furnish the City a copy of his ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage Control. 13. Lighted signs advertising alcoholic beverages shall not be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 14. The applicant will maintain these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development CUP 03 -6 (Ruby's Restaurant).PC Reso 4 ( . . Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 Services and shall provide a notice that these conditions may be reviewed by a member of public upon request. 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 ten (10) day appeal period has elapsed. 16. A modification of this Conditional Use Permit shall be obtained when: • The establishment proposes to change its type of liquor license. • The establishment proposes to modify any of its current conditions of approval. • There is a substantial change in the mode or character of operations of the establishment. 17. 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 of the Code of the City of Seal Beach. 18. 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. 19. The establishment. shall have a public telephone listing. 20. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic - beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. 21. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: • State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws • The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. • Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. CUP 03 -6 (Ruby's Restaurant).PC Reso 5 ( ( Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 • Methods for dealing with intoxicated customers and recognizing underage customers. 22. The State Department of Alcoholic Beverage Control as providing training programs that comply with the above criteria has identified the following organizations: • Department of Alcoholic Beverage Control L.E.A.D. Program Telephone: (714) 558 -6482 • Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program Telephone: (714) 568 -4187 23. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of Chapter 28 of the Code of the City of Seal Beach if harm or retail related problems are demonstrated to occur as a result of criminal or antisocial behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 24. All alcoholic beverages sold in conjunction with the on- premise licensed establishment must be consumed entirely on the premises prior to closing time, and none shall be sold as take -out. Consumption of alcoholic beverages is prohibited in any adjoining non - approved seating or public access areas. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 25. Conditional Use Permit #03 -6 shall be automatically terminated if the operation is no longer maintained as a bona fide public eating place as defined by the California Department of Alcoholic Beverage Control. 26. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 27. No video games or similar amusements shall be permitted on the premises. 28. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a special events permit or conditional use permit issued by the City and unless such uses are consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Control. 29. 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 facility, the Planning Commission reserves the right to schedule the subject CUP 03 -6 (Ruby's Restaurant).PC Reso 6 Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 30. The knowledge and skills deemed necessary for responsible alcoholic beverage service as set forth in Condition No. 20, shall include for on- premise licensed locations, but not be limited to the following additional topics and skills development: • Methods to appropriately pace customer drinking to reduce the risk that the customer will not leave the premises in an intoxicated manner. • Knowledge of mixology, including marketable alternatives to alcoholic beverages. 31. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 32. All alcoholic beverages served in the outdoor dining area must be served in glass containers. 33. All outdoor dining areas shall be surrounded by a minimum 4 -foot high enclosure. Such enclosure shall be constructed of glass or plastic and shall be located on top • of a minimum 4 -foot high solid construction wall (measured from the outside of the outdoor dining area) to create a minimum 8 -foot high barrier. Such enclosure and wall shall be constructed in substantial conformance to the plans submitted as part of the application for CUP 03 -6. The outdoor dining area shall be designed in a manner so that cleaning the floor or other types of activities do not allow for discharge into the ocean and acceptable to the Director of Public Works /City Engineer. 34. A grease trap /interceptor shall be provided for the restaurant in accordance with the standards of the Orange County Health Department, Director of Public Works /City Engineer, and/or Building Official. Since only the restaurant drains into the sewer pump station at the end of the pier, the applicant shall be responsible for any and all costs relating to cleaning the lines due to fats, oils, and grease. Applicant also agrees to abide by any future regulation or rule of the Department of Public Works that is a result of the Waste Discharge Requirements of the Santa Ana Regional Quality Water Board. 35. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments 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 11:00 p.m. and 7:00 a.m. CUP 03 -6 (Ruby's Restaurant).PC Reso 7 Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 36. The proposed trash area, adjacent to the restrooms shall be designed to the satisfaction of the Director of Public Works /City Engineer to provide maximum ventilation to the outside to prevent odors. This shall include but not be limited to side and ceiling vents and exhaust fans. Additionally, the applicant shall remove trash daily but may need to remove more on a frequent enough basis so that odors are lessened to the satisfaction of the Director of Public Works /City Engineer. 37. Under no circumstance shall the applicant bring any type of wheeled/roll -off dumpster on to the wooden pier since this is damaging to the wood pier decking. All trash shall be loaded on to a smaller size vehicle for which a permit is required from. the Chief of Police to drive on the pier per ordinance and loaded into the applicant's dumpsters within the 8 Street Parking Lot. 38. The future trash enclosure shall not allow discharge to the ocean and also contemplate compartments and/or areas for recycling. An acceptable design and subsequent permit from the Director of Public Works /City Engineer shall be required prior to any future work. 39. The project proponent shall provide a covered trash dumpster area in the 8th Street Beach Parking Lot, that is designed to comply with the provisions of the Santa Ana Regional Water Quality Control Board NPDES Permit and is designed in a manner to be acceptable to the Director of Public Works /City Engineer. The recommended location is adjacent to the existing fenced area that encloses the sewer lift station, where the dumpsters are currently located. The structure shall be designed to not block the views from Eisenhower Park towards the Pacific Ocean 40. Prior to the issuance of any grading or building permits or prior to recordation upon subdivision of land if determined applicable by City Building Official, the applicant shall submit to the City for review and approval a Water Quality Management Plan that: a. Addresses Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas b. Incorporates the applicable Routine Source Control BMPs as defined in the DAMP c. Incorporates Treatment Control BMPs as defined in the DAMP d. Generally describes the long -term operation and maintenance requirements for the Treatment Control BMPs, e. Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPS, and f. Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. CUP 03 -6 (Ruby's Restaurant).PC Reso 8 Planning commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 41. Prior to grading or building permit close -out and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall: a. Demonstrate that all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications, b. Demonstrate that applicant is prepared to implement all non - structural BMPs described in the Project WQMP, c. Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite, d. Submit for review and approval by the City an Operations and Maintenance (O &M) Plan for all structural BMPs. 42. Grading and Drainage Plans shall be prepared with the following design objectives: a. All surface runoff and subsurface drainage shall be directed to the nearest acceptable drainage facility, via sump pumps if necessary, as determined by the Building Official. b. All roof drains shall be required to connect into a tight -line drainage pipe or concrete swales that drain to the nearest acceptable drainage facility as determined by the Building Official. c. Landscaping plans shall utilize non - invasive, drought - tolerant landscape materials. 43. Prior to the issuance of any building permits, the applicant shall include in the plans any urban runoff control measures deemed necessary by the Building Official. 44. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses, the applicant shall propose plans and measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal). The chemical management measures shall be incorporated as an element of a Water Quality Management Plan and shall be subject to the approval of the City Building Official and other specified agencies such as the Fire Authority/Fire Department, the Orange County Health Care Agency and sewering agencies to ensure implementation of each agency's respective requirements. Certificates or permits may be ministerially withheld if features needed to properly manage chemicals cannot be incorporated into a previously completed building, center or complex. 45. Prior to the issuance of a grading or building permit, the City shall require the permit applicant to include the following as general or special notes on the plan sheets for new development or significant redevelopment projects: CUP 03 -6 (Ruby's Restaurant).PC Reso 9 l Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 a. Sediment from areas disturbed by construction shall be retained on site using structural controls to the maximum extent practicable. b. Stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or wind. c. Appropriate BMPs for construction- related materials, wastes, spills or residues shall be implemented to minimize transport from the site to streets, drainage facilities, or adjoining property by wind or runoff. d. Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to remove sediment and other pollutants. e. All construction contractor and subcontractor personnel are to be made aware of the required best management practices and good housekeeping measures for the Project site and any associated construction staging areas. f. At the end of each day of construction activity all construction debris and waste materials shall be collected and properly disposed in trash or recycle bins. g. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, lime, pesticides, herbicides, wood preservatives and solvents, asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; concrete, detergent or floatable wastes; wastes from any engine /equipment steam cleaning or chemical degreasing; and superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled 'temporary area on -site physically separated from potential stormwater runoff, with ultimate disposal in accordance with local, state and federal requirements. 46. Prior to the issuance of certificates of use and occupancy, the Project proponent shall provide evidence to the Director of Development Services to assure satisfactory completion of all requirements in the Project WQMP by requiring the applicant to: a. Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications; b. Prepare and submit for review and approval an O &M Plan for all structural BMPs; CUP 03 -6 (Ruby's Restaurant).PC Reso 10 Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 c. Demonstrate that a mechanism or agreement acceptable to the City has been executed for the long -term funding and performance of BMP operation, maintenance, repair, and/or replacement; d. Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the Project WQMP; e. Demonstrate that an adequate number of copies of the Project WQMP are available onsite, and f. For industrial facilities subject to California's General Permit for Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial Classification (SIC) code, demonstrate that coverage has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number. 47. The O &M Plan for structural BMPs that is prepared by the applicant for private sector projects shall describe and/or include: a. Structural BMPs. b. Employee responsibilities and training for BMP operation and maintenance. c. Operating schedule. d. Maintenance frequency and schedule. e. Specific maintenance activities. f. Required permits from resource agencies, if any. g. Forms to be used in documenting maintenance activities. h. Notification to Orange County Vector Control District of the structural BMPs in place. i. Recordkeeping requirements (at least 5 years). 48. If a property owner or a private entity, such as a homeowners association (HOA), retains or assumes responsibility for operation and maintenance of structural BMPs, the City shall require access for inspection through an agreement. If the City will be responsible for operating and maintaining structural BMPs on private property, an easement will be established to allow for entry and proper management of the BMPs. Such access easements shall be binding throughout the life of the Project, or until the BMPs requiring access are acceptably replaced with a BMP not requiring access. Funding for the long -term operation and maintenance of structural BMPs will be front - funded, or otherwise guaranteed via mechanisms such as approved assessment districts, or other funding mechanisms. 49. The following steps describe the process that is to be followed by a private construction project: a. The project owner, developer or contractor is responsible for preparing the Notice of Intent (NOI), which must be signed by the owner or person delegated authority and submitted to the State Water Resources Control CUP 03 -6 (Ruby's Restaurant).PC Reso 11 ( I Planning commission Resolution 03 -38 Conditional Use Permit 03 -6 — Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 Board (SWRCB). Before issuing a grading or building permit, the city will require proof of General Permit coverage (See conditions of approval Section A- 7.5.3). b. Once the project owner, developer or contractor receives a grading or building permit (if applicable), the SWPPP must be prepared by the owner, developer or contractor, and signed by the responsible party and must be implemented year -round throughout the duration of the project's construction. County or District staff is not responsible for reviewing, approving or enforcing the SWPPP; these are responsibilities of the Regional Board. Inspector(s) may choose to use the SWPPP as a tool for on -site inspections. c. The city will inspect and enforce local permit(s) and ordinances, and will notify the Regional Board of non - compliance when the non - compliance meets the criteria of posing a threat to human or environmental health as discussed in DAMP Section 8.4.6. d. Once project construction is completed and the site fully complies with the final stabilization requirements of the General Permit, the owner /developer will submit a Notice of Termination (NOT) to the SWRCB. 50. The term of this permit shall be twelve (12) months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 03 -6. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefmite permit. 51. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (1) duplicate mylar of all public or private improvement plans, two (2) copies (one original and one duplicate) of 35mm microfilm of the public or private improvement plans, final structural calculations, and computer analysis, if any, for all buildings, and the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services. The microfilm shall be in 4" x 6" jackets with 6 frames per jacket. The computer analysis may be submitted on standard IBM compatible floppy disks. 52. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (1) set of computerized data, which is compatible with the City ARCVIEW system or Autocad system, of the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services. Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. CUP 03 -6 (Ruby's Restaurant).PC Reso 12 Planning Commission Resolution 03 -38 Conditional Use Permit 03 -6— Ruby's Restaurant 900 Ocean Avenue (Seal Beach Pier) November 5, 2003 53. 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 5th day of November , 2003, by the following vote: AYES: Commissioners Deaton, Eagar, Ladner, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None /j J. irs Sharp airman of the Planning Commission l ily - Whittenberg Secretary of the Planning Commis on CUP 03 -6 (Ruby's Restaurant).PC Reso 13