HomeMy WebLinkAboutCC AG PKT 2003-01-27 #H •
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January 27, 2003 0
STAFF REPORT
To: . Mayor Larson and Members of the City Council
Attention: John B. Bahorski, City Manager
From: Lee Whittenberg, Director of Development Services
Subject: DETERMINATION OF PROPER ZONING -
WALK-UP, TAKE -OUT RESTAURANT WITH
LIMITED SEATING
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SUMMARY OF REQUEST
Determine that the proposed land use be considered to be consistent with the Main Street
Specific Plan, subject to Conditional Use Permit approval for a specific site location within the
Main Street Specific Plan area.
DISCUSSION
On December 5, 2002, James Markham contacted the City regarding the possibility of operating
a walk -up /take -out restaurant with limited seating at the property located at 142 -B Main Street,
within the Main Street Specific Plan zone area of the City.
Upon review of the application, staff concluded that this land use is not detailed within the Main
' Street Specific Plan land uses in Section 28 -1250. The code does, however, permit the Planning
Commission the discretion to acknowledge one use as being predominantly similar to another
and to clarify ambiguities through the provisions of Sections 28 -1250 and 28 -2202. Also, the
Code permits a Take - Out/Walk -Up Restaurant within the C -1 zoning, subject to a conditional
use permit.
The purpose of this item on the Council's agenda this evening is to determine whether this use
should be classified within the Main Street Specific Plan as being predominantly similar to the
coffee house /desert shop with less than 10 seats and 1,000 square feet of business area land use
AGENDA ITEM 1/
C \Documents and Settings \LWhittenberg\My Documents\MAINSTRE.SP\Main St. Walk Up Restaurant with Seating.CC Staff Report.doc \LW\01-
22-03
Walk- Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report
January 27, 2003
which is already permitted by right within the Main Street Specific Plan zone and similar in
nature to the previous determinations of the City in February 2000 regarding the locating of a
walk -up /take -out restaurant without any customer seating on Main Street subject to approval of a
Conditional Use Permit.
Previous City Considerations of Similar Requests:
In 1993, the Planning Commission heard a case similar to this one on Main Street, at 123 %z
Main Street, which at the time was zoned C -1. The Commission resolved that a bakery to be
located at 123 % Main Street should be considered to be a walk -up /take out restaurant and the
Commission recommended to the City Council that the use be permitted. The City Council
concurred with that determination.
In January and February 2000, under the provisions of the Main Street • Specific Plan and the
Main Street Specific Plan zoning provisions, the Planning Commission and ultimately the City
Council considered a similar request. At that time the Planning Commission and City Council
determined that a walk -up /take -out restaurant without seating, as defined in Section 28 -268 of
the Code of the City of Seal Reach be allowed subject to approval of a Conditional Use Permit
within the Main Street Specific Plan zone. Those determinations were made by the adoption of
City Council Resolution 4784 and Planning Commission Resolution 00 -6, on February 14 and
January 19, 2000, respectively.
Overview of Request and Planning Commission Determination:
This request very closely parallels this most previous one, except that the request is to expand the .
definition to allow a limited seating capacity within the walk -up /take -out restaurant facility. The
Main Street Specific Plan zone, as modified by the January/February 2000 determinations of the
Planning Commission and City Council, does not allow for walk up /take out restaurant with
limited seating at all within the zone.
The Planning Commission considered this matter on January 8, 2003, and after receiving the
Staff Report and public comments, determined to recommend approval of a "Determination of
Proper Zoning" to the City Council through the adoption of Planning Commission Resolution
No. 03 -1. A copy of the Planning Commission Resolution, Minute Excerpt, and Staff Report are
provided as Attachments 2 through 4, respectively.
The Planning Commission made nine findings in support of their recommendation, and those are
set forth in Planning Commission Resolution No. 03 -1. Please refer to Attachment 2 for a copy of
the Planning Commission Resolution.
FISCAL IMPACT
Main St. Walk Up Restaurant with Seating.CC Staff Report 2
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Walk - Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
. City Council Staff Report
January 27, 2003 •
Minimal, staff costs will be required to prepare a Zone Text Amendment to incorporate the
proposed change into the conditionally allowed uses within the Main Street Specific Plan. This
request could be incorporated into a proposed amendment to the Main Street Specific Plan •
regarding "Newsracks" that staff is preparing at this time. -
RECOMMENDATION
Concur with the recommendation of the Planning Commission by adopting Resolution No. ,
and instruct staff to prepare the necessary Zone Text Amendment for public hearing in conjunction
with other pending amendments to the Main Street Specific Plan, if appropriate.
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NOTED AND APPROVED
• ' t /� / / �
= - Whittenberg, Director John B. Bahorski
Development Services Departm r City Manager
Attachments: (4)
ATTACHMENT 1: City Council Resolution No. , A Resolution of the City
Council of the City of Seal Beach Determining that a "Walk -
Up/Take -Out Restaurant with Limited Seating" be Allowed within
the Main Street Specific Plan Area, Subject to Approval of a
Conditional Use Permit
ATTACHMENT 2: Planning Commission Resolution No. 03 -1, A Resolution of the
Planning Commission of the City of Seal Beach Recommending to
the City Council that a "Walk - Up/Take -Out Restaurant with Limited
Seating" be Allowed within the Main Street Specific Plan Area,
Subject to Approval of a Conditional Use Permit -
ATTACHMENT 3: Planning Commission Minute Excerpt, January 8, 2003
ATTACHMENT 4: Planning Commission Staff Report, January 8, 2003, with
Attachments
* * * *
Main St. Walk Up Restaurant with Seating.CC Staff Report 3
Walk- Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council StafReport
January 27, 2003
ATTACHMENT 1
CITY COUNCIL RESOLUTION NO. , A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
DETERMINING THAT A "WALK - UP/TAKE -OUT
RESTAURANT WITH LIMITED SEATING" BE ALLOWED
WITHIN THE MAIN STREET SPECIFIC PLAN AREA,
SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT
Main St. Walk Up Restaurant with Seating.CC Staff Report 4
Walk - Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report
January 27, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH DETERMINING THAT A
"WALK - UP/TAKE -OUT RESTAURANT WITH
LIMITED ' SEATING" BE ALLOWED WITHIN THE
MAIN STREET SPECIFIC PLAN AREA, SUBJECT TO
APPROVAL OF A CONDITIONAL USE PERMIT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On December 5, 2002, James Markham contacted the City regarding the
possibility of operating a walk -up /take -out restaurant with limited seating at the
property located at 142 -B Main Street, within the Main Street Specific Plan zone
area of the City; and
WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on Main
Street, since it was not listed as a permitted use; and
WHEREAS, Pursuant to Section 28 -2202 of the Code of-the City of Seal Reach, a hearing was
- held before the Planning Commission on January 8, 2003 to clarify the ambiguity;
and
WHEREAS, The Planning Commission considered the request and adopted Planning
Commission Resolution 03 -1 on January 8, 2003, recommending to the City -
Council that the walk -up /take -out restaurant with limited seating land use as defined
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in Section 28 -268 of the municipal Cade be allowed, subject to a conditional use
permit, within the Main Street Specific Plan area; and
WHEREAS, The City Council considered this matter and received public comments and the
2 recommendation of the Planning Commission on January 27, 2003; and -
WHEREAS: Based upon the facts contained in the record, including those stated above, and
pursuant to §§ 28- 1250.B.17 and 28 -2202 of the City's Code, the City Council
hereby finds:
. Main St. Walk Up Restaurant with Seating.CC Staff Report • 5
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Walk - Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
. City Council Staff Report
January 27, 2003
1. A "walk -up /take -out restaurant with limited seating" land use is not specified
within the Main Street Specific Plan Zone land uses in Section 28 -1250. The
code does, however, permit the Planning Commission the discretion to
acknowledge one use as being predominantly similar to another under the
provisions of Sections 28 -1250 and 28 -2202. Also, the Code permits a Take -
Out/Walk-Up Restaurant within the C -1 zoning, subject to a conditional use
permit.
2. In 1993, the Planning Commission heard a case similar to this one on Main
Street, at 123% Main Street, which at the time was zoned C -1. The
Commission resolved that a bakery to be located at 123 '/2 Main Street should
be considered to be a walk -up /take out restaurant and the Commission
recommended to the City Council that the use be permitted. The City Council
concurred with that determination.
3. In January and February 2000, under the provisions of the Main Street
Specific Plan and the Main Street Specific Plan zoning provisions, the
Planning Commission and ultimately the City Council considered a similar
request. At that time the Planning Commission and City Council determined
that a walk -up /take -out restaurant without seating, as defined in Section 28-
268 of the Code of the City of Seal Reach be allowed subject to approval of a
Conditional Use Permit within the Main Street Specific Plan zone.
4. This request very closely parallels the January/February 2000 determinations
of the Planning Commission and City Council, except that the request is to
expand the definition to allow a limited seating capacity within the walk-
up/take-out restaurant facility. The Main Street Specific Plan zone, as
modified by the January/February 2000 determinations of the Planning
Commission and City Council, did not allow for walk -up /take -out restaurants
with limited seating at all within the zone.
5. The City Council finds that this use most closely parallels the Coffee
House /Desert Shop use with a limitation as to the number of seats currently
permitted by right in the Main Street Specific Plan zone, if the size of the
business is less than 1,000 square feet. The coffee house /desert shop type of
businesses were determined to be more similar to a retail use, as the main
customer base is expected to be persons who are coming to Main Street for
some other purpose than to purchase just coffee or a desert. Under this
expectation, it is assumed that the food service business is not a primary
destination point, and that no additional substantial parking demand is placed
on the existing parking available on Main Street.
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Main St. Walls Up Restaurant with Seating.CC Staff Report
Walk - Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report
January 27, 2003
6. The City Council finds that a Conditional Use Permit (CUP) would be
necessary before any operation would be allowed to commence for said land
use. The CUP process allows: a) public notification to property owners and
occupants of all properties within 300 feet of a requested property location; b)
conducting a public hearing before the Planning Commission; c) the ability of
the Planning Commission to consider each request on its individual merits,
operation characteristics, and potential impacts to the surrounding properties
and community; 4) the ability of the Planning Commission to impose site
specific conditions to effectively mitigate potential negative impacts of the
requested land use upon adjoining properties; and 5) the ability of the
Planning Commission to deny a request if the Commission determines
negative impacts cannot be adequately mitigated by imposition of conditions.
7. The proposed use would be a beneficial use to the area in that very few food
establishments of this nature are present on Main Street. This use would
allow the provision of additional food service restaurants to serve beach going
customers and other visitors to the Main Street area a less expensive meal than
some of the other eating establishments in the area.
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8. This land use will not create parking problems above and beyond the 1 space
for 500 square feet requirement currently placed on coffee houses /desert shops
and other mainly retail sale businesses within the Main Street Specific Plan
area. This is based on the belief that take out restaurants with limited seating
serve a clientele which is already present on Main Street for another purpose;
i.e., to attend the beach, or shop or conduct business along Main Street.
9. This determination would be consistent with the provisions of the Land .Use
Element of the City's General Plan, which provides a "Main Street Specific
Plan" designation for the subject area and permits a coffee house /desert shop
with less than 10 seats and 1,000 square feet of business area land use by right
within the Main Street Specific Plan zone and similar in nature to the previous
determinations of the City in February 2000 regarding the locating of a walk-
up /take -out restaurant without any customer seating on Main Street subject to
approval of a Conditional use Permit. As such, the requested land use is
consistent with the "Vision Statement" of the Main Street Specific Plan. 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 and the Main Street Specific Plan. Accordingly, the proposed
use is consistent with the General Plan.
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Main St. Walk Up Restaurant with Seatmg.CC Staff Report 7
Walk-Up/Take-Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report
January 27, 2003
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby determines that a
"Walk - Up/Take -Out Restaurants, provided there is seating for no more than ten (10) customers and
the gross square footage of the establishment does not exceed 1,000 square feet" land use be
allowed within the Main Street Specific Plan Area, subject to the issuance of a Conditional Use
Permit.
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Department of
Development Services is instructed to initiate a Zone Text Amendment to formalize this
determination of the City Council within the provisions of the Main Street Specific Plan Zone,
Section 28 -1250 of the Code of the City of Seal Beach.
PASSED, APPROVED-AND ADOPTED by the City Council of the City of Seal Beach at a
meeting thereof held on the day of , 2003, by the
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following vote: ,
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
John Larson, Mayor
ATTEST:
Joanne M. Yeo, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
Main St. Walk Up Restaurant with Seating.CC Staff Report 8 '
Walk - Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report
January 27, 2003
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing resolution is an original copy of Resolution Number on file in the Office of the
City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a
meeting thereof held on the day of , 2003.
Joanne M. Yeo, City Clerk
City of Seal Beach
Main St. Walk Up Restaurant with Seating.CC Staff Report 9
Walk- Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report ,
January 27, 2003
ATTACHMENT 2
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PLANNING COMIVIISSION RESOLUTION NO. 03-
1, A RESOLUTION OF THE PLANNING
COMNIISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL •
THAT A "WALK - UPTAKE -OUT RESTAURANT
WITH LIMITED SEATING" BE ALLOWED
WITHIN THE MAIN STREET SPECIFIC PLAN
AREA, SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT ,
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Main St Walk Up Restaurant with Seating.CC Staff Report 10
RESOLUTION NO. 03-1
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
- RECOMMENDING TO THE CITY COUNCIL
THAT A "WALK - UP/TAKE -OUT
,RESTAURANT WITH LIMITED SEATING" BE
ALLOWED WITHIN THE -MAIN STREET
SPECIFIC PLAN AREA, SUBJECT TO,
APPROVAL OF A CONDITIONAL USE
PERMIT
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
WHEREAS, On December 5, 2002, James Markham inquired about opening a Walk -
Up/Take Out restaurant with limited seating on Main Street; and
WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on
Main Street, since it was not listed as a permitted or conditionally permitted
use; and
WHEREAS, Pursuant to Sections 28 -1250 and 28 -2202 of the Code of the City of Seal
Beach, a hearing was held before the Planning Commission on January 8,
2003 to clarify the ambiguity; and
WHEREAS, The Planning Commission made the following findings regarding the request
for clarification of ambiguity:
1. A "walk -up /take -out restaurant with limited seating" land use is not
specified within the Main Street Specific Plan Zone land uses in
Section 28 -1250. The code does, however, permit the Planning
Commission the discretion to acknowledge one use as being
predominantly similar to another under the provisions of Sections 28-
1250 and 28 -2202. Also, the Code permits a Take - Out/Walk -Up
Restaurant within the C -1 zoning, subject to a conditional use permit. '
2. In 1993, the Planning Commission heard a case similar to this one on
Main Street, at 1231/2 Main Street, which at the time was zoned C -1.
The Commission resolved that a bakery to be located at 123 1/2 Main
Street should be considered to be a walk -up /take out restaurant and the
C:\Documents and Settings\LWhittenberg\My Documents\RESO \Walk -Up Restaurant with Seating.PC Reso.doc\LW\01 -08 -03
Planning Commission Resolution 03 -1
Determination re: Walk - Up/Take -Out Restaurant with Interior Seating —
Main Street Specific Plan Area
January 8, 2003
Commission recommended to the City Council that the use be
permitted. The City Council concurred with that determination.
3. In January and February 2000, under the provisions of the Main Street
Specific Plan and the Main Street Specific Plan zoning provisions, the
Planning Commission and ultimately the City Council considered a
similar request. At that time the Planning Commission and City
- Council determined that a walk -up /take -out restaurant without seating,
as defined in Section 28 -268 of the Code of the City of Seal Beach be
allowed subject to approval of a Conditional Use Permit within the
Main Street Specific Plan zone.
4. This request very closely parallels the January/February 2000
determinations of the Planning Commission and City Council, except
that the request is to expand the definition to allow a limited seating
capacity within the walk -up /take -out restaurant facility. The Main
Street Specific Plan zone, as modified by the January/February 2000
determinations of the Planning Commission and City Council, did not
allow for walk -up /take -out restaurants with limited seating at all
within the zone. -
5. The Planning Commission finds that this use most closely parallels the
Coffee House/Desert Shop use with a limitation as to the number of
seats currently permitted by right in the Main Street Specific Plan
zone, if the size of the business is less than 1,000 square feet. The
coffee house /desert shop type of businesses were determined to be
more similar to a retail use, as the main customer base is expected to
be persons who are coming to Main Street for some other purpose than
to purchase just coffee or a desert. Under this expectation, it is _
assumed that the_ food service business is not a primary destination
point, and that no additional substantial parking demand is placed on
the existing parking available on Main Street.
6. The Planning Commission finds that a Conditional Use Permit (CUP)
would be necessary before any operation would be allowed to
commence for said land use. The CUP process allows: a) public
- notification to property owners and occupants of all properties within
300 feet of a requested property location; b) conducting a public
hearing before the Planning Commission; c) the ability of the Planning
Commission to consider each request on its individual merits,
operation characteristics, and potential impacts to the surrounding
properties and community; 4) the ability of the Planning Commission
to impose site specific conditions to effectively mitigate potential
negative impacts of the requested land use upon adjoining properties;
and 5) the ability of the Planning Commission to deny a request if the
Walk-Up Restaurant with Seating.PC Reso 2
Planning Commission Resolution 03 -1
Determination re: Walk - Up/Take -Out Restaurant with Interior Seating —
Main Street Specific Plan Area
January 8, 2003
Commission determines negative impacts cannot be adequately
mitigated by imposition of conditions.
7. The proposed use would be a beneficial use to the area in that very few
food establishments of this nature are present on Main Street. This use
would allow the provision of additional food service restaurants to
serve beach going customers and other visitors to the Main Street area
- a less expensive meal than some of the other eating establishments in
the area. -
8. This land use will not create parking problems above and beyond the 1
space for 500 square feet requirement currently placed on coffee
houses /desert shops and other mainly retail sale businesses within the
Main Street Specific Plan area. This is based on the belief that take
out restaurants with limited seating serve a clientele which is already
present on Main Street for another purpose; i.e., to attend the beach, or
shop or conduct business along Main Street.
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9. This determination would be consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "Main
Street Specific Plan" designation for the subject area and permits a
coffee house/desert shop with less than 10 seats and 1,000 square feet
of business area land use by right within the Main Street Specific Plan
zone and similar in nature to the previous determinations of the City in
February 2000 regarding the locating of a walk -up /take -out restaurant
without any customer seating on Main Street subject to approval of a
Conditional use Permit. As such, the requested land use is consistent
with the "Vision Statement" of the Main Street Specific Plan. 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 and the Main Street Specific Plan.
Accordingly, the proposed use is consistent with the General Plan.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby
recommends to the City Council that a "Walk - Up/Take -Out Restaurants, provided there is
seating for no more than ten (10) customers and the gross square footage of the
establishment does not exceed 1,000 square feet" land use be allowed within the Main Street
Specific Plan Area, subject to the issuance of a Conditional Use Permit.
NOW, THEREFORE BE IT FURTHER RESOLVED that the Planning
Commission hereby recommends to the City Council that said "Walk- Up/Take -Out
Restaurants" shall not be permitted to have a take -out window oriented towards Main Street.
Any such use that may be located facing Main Street shall have an interior location for any
take -out counter or service area.
Walk -Up Restaurant with Seating.PC Reso 3
Planning Commission Resolution 03 -1
Determination re: Walk- Up/Take -Out Restaurant with Interior Seating —
Main Street Specific Plan Area
• January 8, 2003
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 8th day of January , 2003
by the following vote:
AYES: Commissioners DEATON, LADNER, SHANKS, AND SHARP
NOES: Commissioners
ABSENT: Commissioners HOOD
ABSTAIN: Commissioners
James Sharp
Vice - Chairperson, Planning Commission
A , 1 L / /ilk
� e Whitte berg, Secretary
lanning Commission
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Walk -Up Restaurant with Seating.PC Reso 4
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Walk- Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report
1 January 27, 2003
ATTACHMENT 3
PLANNING COMMISSION MINUTE EXCERPT, JANUARY 8, 2003
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Main St. Walk Up Restaurant with Seatmg CC Staff Report 11 .
City of Seal Beach Planning Commission
Meeting Minutes of January 8, 2003
1 does limit the height within the rear yard to no more than 12 feet and 6 feet within
2 the side yard setback area. He noted that the fireplace is in compliance and no
3 comments were received from any of the neighbors noticed on this application. He
4 said that Staff is recommending approval subject to conditions.
5
6 MOTION by Shanks; SECOND by Deaton to approve Minor Plan Review 02 -10 and
7 adopt Resolution 02-48 as presented.
8
9 MOTION CARRIED: 4 — 0 —1
10 AYES: Deaton, Ladner, Shanks, and Sharp
11 NOES: None
12 ABSENT: Hood
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13 _
14 Mr. Abbe advised that the adoption of Resolution No. 02-48 begins a 10 -day
15 calendar appeal period to the City Council. The Commissioner action tonight is final
16 and the appeal period begins tomorrow morning.
17
18
19 SCHEDULED MATTERS
20
21 5. Determination of Proper Zoning /Clarification of Ambiguity: Walk - Up/Take -Out
22 Restaurant with Limited Seating
23 Main Street Specific Plan (MSSP) Zone
24
25 Applicant/Owner: James Markham / Glenn W. Jones Trust
26 Request: Recommend determination to the City Council that
27 proposed walk -up /take -out restaurant with seating for
28 less than 10 persons fits within land use determinations
29 as outlined in Section 28 -1250 of the City Code.
30
31 Recommendation: Approval and adoption of Resolution 03 -01.
32
33 Staff Report
34
35 Mr. Whittenberg stated that this request is being made on behalf of the applicant
36 who has leased a building on Main Street. The applicant would like the PC to make
37 a determination that a walk -up /take -out restaurant that would include limited indoor
38 seating would be an appropriate use in the Main Street area. He noted that the Staff
39 Report states that in the past both the PC and City Council (CC) as dealt with similar
40 issues: In 1993 when a coffee shop /dessert shop was found to be an allowable use
41 • on Main Street and in 2000 when the PC determined that a walk -up /take -out •
42 restaurant with no seating was also an appropriate use. • He stated that this request
43. would expand the allowable use within a walk -up /take -out restaurant to include
44 limited seating. He said that Staff sees this as being no different than a walk -
45 up /take -out dessert shop /coffee shop. He stated that Staff is recommending
46 approval and should the PC determine to make this recommendation, this item
Z:\Carmen_data \PC Minutes12003 101 -08 -03 PC Minutes.doc 4
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City of Seal Beach Planning Commission
Meeting Minutes of January 8, 2003
1 would then come before CC for a final determination. He noted that the applicant is
2 present tonight to respond to questions from the PC.
3
4 Commissioner Questions
5
6 Commissioner Shanks commented that at Grandma's it is possible to buy an ice
7 cream cone to go and there are also 2 or 3 tables in the shop at which one may sit to
8 eat ice cream. He noted that there are other places on Main Street that have had at
9 least 2 or 3 tables on site over a period of years. He said that in a sense the City
10 has had a semi - operating situation like this going on anyway over the years. Mr.
11 Whittenberg stated that the Code as it is currently constructed automatically allows
12 up to 10 seats in the coffee shop /dessert shops. He noted the currently under the
13 walk -up /take -out restaurant classification, which is different from the coffee
14 shop /dessert shops, the City has said that these are acceptable at this point without
15 any indoor seating. Consequently, this request is to consider an expansion of the
16 walk -up /take -out use to allow up to 10 seats of indoor seating. Commissioner
17 Shanks stated that basically this question speaks of stepping up to - having a
18 restaurant aspect as far as having food rather than strictly desserts or coffee.
19
20 Commissioner Deaton commented that this would be a walk -in and not a walk -up
21 - type take -out use. She said that she did not believe that Main Street should have a
22 counter that you walk up to and have people order at a window, but patrons should
23 have to walk inside to place their orders. She asked if there were a way to clarify the
24 terminology on this. Mr. Whittenberg stated that the PC might want to suggest
25 clarification of the language as part of' the recommendation to the CC to make this
26 an appropriate use on Main Street. He said that the reason that the term "walk -
27 up /take -out" is being used is that it is an existing definition in the current Zoning
28 Code, eliminating the need to create a new classification. He stated that another
29 way to deal with this issue is to require application for a Conditional Use Permit
30 (CUP) be made to allow the PC to condition the use as a walk -in service rather than
31 walk -up. He said that the walk -up /take -out businesses on Ocean Avenue pre -date
32 the City standards for these types of food shops and have a legal nonconforming
33 situation going. He noted that a walk -up use on Main Street would not work well
34 since there is more pedestrian traffic along Main Street than on Ocean Avenue. The
35 Director of Development Services emphasized that the main issue is whether or not
36 the PC wants to provide the capability of someone applying to have a walk-up /take-
37 out restaurant with some limited seating.
38 `
39 Public Comments
40
41 Vice - Chairperson Sharp opened for public comments. •
42 There being no one wishing to speak, Vice - Chairperson Sharp closed the public
43 comment period.
44
45
46
Mermen data\PC Minutes12003 \01 -08 -03 PC Minutes.doc 5
City of Seal Beach Planning Commission
Meeting Minutes of January 8, 2003
1 Commissioner Comments
2
3 Commissioner Deaton explained that she would like the zoning for this type of use to
4 be uniform with guidelines that specify that a walk -up /take -out would really be a
5 walk -in /take -out along Main Street. Mr. Whittenberg noted that an additional clause
6 could be added to the resolution stating "in addition to making this recommendation
7 the Commission also recommends that on Main Street this type of use not allow a
8 take -out window with direct access onto the sidewalk."
9
10 Commissioner Shanks asked if the Main Street Specific Plan (MSSP) includes some
11 of Ocean Avenue. Mr. Whittenberg stated that the MSSP does include the
12 commercial area along Ocean Avenue. He said that this is why he recommends that
13 this determination only include Main Street and this would allow something different
14 along Ocean Avenue and Pacific Coast Highway (PCH), as both of these streets
15 have areas that go beyond the depth of the lots along Main Street.
16
17 Commissioner Ladner agreed that take -out windows along Main Street should not
18 be allowed.
19
20 MOTION by Deaton; SECOND by Ladner to recommend approval of Determination
21 of Proper Zoning /Clarification of Ambiguity: Walk - Up/Take -Out Restaurant with
22 Limited Seating on Main Street and adoption of Resolution 03 -1 as amended to
23 specify that no take -out windows with direct access to the sidewalk be allowed along _
24 Main Street. .
25
26 MOTION CARRIED: 4 — 0 —1
27 AYES: Deaton, Ladner, Shanks, and Sharp
28 NOES: None
29 ABSENT: Hood
30
31 Mr. Whittenberg noted that this is not a final action by the Planning Commission so
32 there is no appeal period. He stated that this item would appear on the City Council
33 agenda for their consideration on January 27, 2003.
34
35
36 PUBLIC HEARINGS
37
38 None.
39
J
40 STAFF CONCERNS
41 . . .
42 Mr. Whittenberg reported that copies of the Boeing Specific Plan Environmental
43 Impact Report (EIR) would be distributed to the Planning Commissioners for their
44 review. He noted that the EIR includes an anticipated time schedule of meetings to
45 be held by the Environmental Quality Control Board (EQCB) and the Planning
46 Commission and City Council for review of this document.
Z:1Carmen_data1PC Minutes12003101 -08 -03 PC Minutes.doc 6 ,
Walk - Up/Take -Out Restaurant with Limited Seating - Determination of Proper Zoning
City Council Staff Report
January 27, 2003
ATTACHMENT 4
PLANNING COMMISSION STAFF REPORT, JANUARY 8, 2003
Main St. Walk Up Restaurant with Seating.CC Staff Report 12
•
January 8, 2003
STAFF R EPORT
To: Honorable Chairman and Planning Commission
From: Department of Development Services
Subject: DETERMINATION OF PROPER ZONING /CLARIFICATION
OF AMBIGUITY: WALK -UP /TAKE -OUT RESTAURANT
WITH LIMITED SEATING - MAIN STREET SPECIFIC PLAN
AREA
GENERAL DESCRIPTION
1
Applicant: JAMES MARKHAM
Owner: GLENN W. JONES TRUST
Location: MAIN STREET SPECIFIC PLAN ZONE AREA
Zoning of Property: MAIN ST. SPECIFIC PLAN (MSSP) ZONE
Request: RECOMMEND DETERMINATION TO THE CITY COUNCIL THAT
PROPOSED WALK -UP /TAKE -OUT RESTAURANT WITH SEATING
FOR LESS THAN 10 PERSONS FITS WITHIN LAND USE
DETERMINATIONS AS OUTLINED IN SECTION 28 -1250 OF THE
CITY CODE.
Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW.
Code Sections: 28 -1250; 28 -2202
Recommendation: APPROVE RESOLUTION 03 -1, RECOMMENDING APPROVAL TO
THE CITY COUNCIL THAT THE PROPOSED LAND USE BE
DETERMINED TO BE AN APPROPRIATE LAND USE IN THE MSSP
ZONE, SUBJECT TO CONDITIONAL USE PERMIT APPROVAL.
FACTS
C.\Documents and Settings\LWhittenberg\My Documents\MA1NSTRE.SPVvtam St. Walk -up Restaurant with Seating - PC Staff
Report docU.W\12 -12 -02
Walk -Up /Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
❑ On December 5, 2002, James Markham contacted the City regarding the possibility of
operating a walk -up /take -out restaurant with limited seating at the property located at
142 -B Main Street, within the Main Street Specific Plan zone area of the City.
❑ The subject request is for the Planning Commission, and ultimately the City Council, to
determine if a walk -up /take -out restaurant with limited seating is a type of land use that
could be permitted to be located within the Main Street Specific Plan zone area, either by
right or subject to a conditional use permit approval.
❑ The Planning Commission and City Council should make a determination regarding this
request in consideration of the "vision statement" for Main Street, and in consideration of
the currently permitted by right and conditionally permitted land uses within the Main
Street Specific Plan zoning provisions.
❑ The "vision statement" for Main Street, as set forth in the Main Street Specific Plan
states:
"The Main Street area is particularly important because it is a cohesive agent -
for a city that is geographically fragmented. The vision for Main Street is small
town America. Important features include a family town with friendly people
who care for each other. A pedestrian oriented area where people walk and feel
safe on the street at night. An area with both architectural and economic
diversity with a mix of offices and businesses. Main Street is surrounded by an
area of mixed housing types and institutions, creating a complete small town
community. Although it is recognized that the area will have businesses that
serve both residents and visitors, the goal is to not have visitor serving uses
overwhelm the area at the expense of the small town character. It is also
recognized that when the weather and beach conditions are attractive, the
demand for parking may exceed the supply."
❑ The surrounding land uses and zoning are as follows:
EAST A mixture of single and multi - family residential housing _
in a Residential High Density (RHD) zone district.
•WEST, NORTH, A mixture of retail, service. and professional office
AND SOUTH businesses in the Main Street Specific Plan zone.
DISCUSSION
The lessee of the above mentioned property has contacted the City
regarding the possibility of opening a walk -up /take -out restaurant with limited seating within
Main St. Walk -up Restaurant with Seating - PC Staff Report 2
•
•
Walk - Up/Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
the Main Street Specific Plan area at 142 -B Main Street. They have submitted a letter,
attached as attachment 1 to this staff report explaining their request.
Upon review of the application, staff has concluded that this land use is not detailed within
the Main Street Specific Plan land uses in Section 28 -1250. The code does, however, permit
the Planning Commission the discretion to acknowledge one use as being predominantly
similar to another and to clarify ambiguities through the provisions of Sections 28 -1250 and
28 -2202. Also, the Code permits a Take- Out/Walk -Up Restaurant within the C -1 zoning,
subject to a conditional use permit.
In 1993, the Planning Commission heard a case similar to this one on Main Street, at 123 %z
Main Street, which at the time was zoned C -1. The Commission resolved that a bakery to be
located at 123 1/2 Main Street should be considered to be a walk -up /take out restaurant and the
Commission recommended to the City Council that the use be permitted. The City Council
concurred with that determination.
In January and February 2000, under the provisions of the Main Street Specific Plan and the
Main Street Specific Plan zoning provisions, the Planning Commission and ultimately the
City Council considered a similar request. At that time the Planning Commission and City
Council determined that a walk -up /take -out restaurant without seating, as defined in Section
28 -268 of the Code of the City of Seal Beach be allowed subject to approval of a Conditional
Use Permit within the Main Street Specific Plan zone. Those determinations were made by
the adoption of City Council Resolution 4784 and Planning Commission Resolution 00 -6, on
February 14 and January 19, 2000, respectively. Co ies of the appropriate Cit
�' rY P� City Council and
Planning Commission Resolutions, Minutes, and Staff Reports are provided as Attachment 3.
This determination of the City Council has not been codified as of this date.
This request very closely parallels this most previous one, except that the request is to expand
the definition to allow a limited seating capacity within the walk -up /take -out restaurant
facility. The Main Street Specific Plan zone, as modified by the January/February 2000
determinations of the Planning Commission and City Council, does not allow for walk
up /take out restaurant with limited seating at all within the zone.
Staff is of the opinion that this use should also be allowed within the zone, subject to a
Conditional Use Permit approval. It is staff's belief that this use most closely parallels the
Coffee House/Desert Shop use with a limitation as to the number of seats currently permitted
by right in the Main Street Specific Plan zone, if the size of the business is less than 1,000
square feet. The coffee house /desert shop type of businesses were determined to be more
similar to a retail use, as the main customer base is expected to be persons who are coming to
Main Street for some other purpose than to purchase just coffee or a desert. Under this
expectation, it is assumed that the proposed type of food service business is not a primary
destination point, and that no additional substantial parking demand is placed on the existing
parking available on Main Street.
Main St. Walk -up Restaurant with Seating - PC Staff Report 3
Walk -Up /Take -Out Restaurants with Limited Seatzng
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarzcation of Ambiguity
Planning Commission Staff Report
January 8, 2003
The intent of the applicant is to sell items such as pizza (whole or by the slice), calzones and
soft drinks to persons who are already there, rather than being a destination restaurant. Staff
sees this as a beneficial use to the area in that very few food establishments of this nature are
present on Main Street. This use would allow the provision of additional food service
restaurants to serve beach going and other persons enjoying the business area on "Old Town"
a less expensive meal than some of the other eating establishments in the area.
Staff would like to point out that, as recommended by staff, a CUP would be necessary before
any operation would be allowed to commence. The CUP process allows public notification
to property owners and occupants of all properties within 300 feet of a requested property
location; conducting a public hearing before the Planning Commission; and the ability of the
Planning Commission to consider each request on its individual merits, operation
characteristics, and potential impacts to the surrounding properties and community. In
•
reviewing CUP's for properties within the Main Street Specific Plan Zone, the following
additional findings to the standard CUP findings are required to be made in an affirmative
manner in order for the Planning Commission to approve a project: '.
"E. Findings required for Conditional Use Permits within the Main Street
Specific Plan boundaries:
1) Additional Findings Required. In reviewing applications for
Conditional Use Permits for the Main Street area, the Planning Commission shall
evaluate each proposed use in order to consider its impact on the City. No
Conditional Use Permit shall be granted within the Main Street Specific Plan
boundaries unless the Planning Commission makes, in addition to those findings
required in the Zoning Code, Section 28 -2503 and 28 -2504, all of the following
findings: - t
a) The proposed use is consistent with the intent and purpose
and Vision established for the Main Street Specific Plan.
b) The proposed use does not conflict with the Specific Plan's
goal to establish and maintain a balanced mix of uses that serve the needs of both
local and non -local populations.
c) The use will contribute to the unique character of Main
Street and the qualities that provide the Main Street a sense of identity.
d) The proposed use complies with all applicable City Council
policies, such as the policies the Council has adopted concerning alcohol serving
• uses." •
The purpose of this item on the Commission's agenda this evening is to determine whether
recommend to the City Council this use be classified within the Main Street Specific Plan as
being predominantly similar to the coffee house /desert shop with less than 10 seats and 1,000
square feet of business area land use which is already permitted by right within the Main
Street Specific Plan zone and similar in nature to the previous determinations of the City in
Main St. Walk -up Restaurant with Seating - PC Staff Report 4
•
Walk -Up /Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguiv
Planning Commission Staff Report
January 8, 2003
February 2000 regarding the locating of a walk -up /take -out restaurant without any customer
seating on Main Street subject to approval of a Conditional Use Permit.
Staff recognizes that concerns over parking are generally a theme with any land use change
within the Main Street Specific Plan area. However, it is staff's belief that this land use will
not create parking problems above and beyond the 1 space for 500 square feet requirement
currently placed on coffee houses /desert shops and other mainly retail sales businesses within
the Main Street Specific Plan area. This is based on the belief that take out restaurants with
limited seating serve a clientele which is already present on Main Street for another purpose;
i.e., to enjoy the beach, or shop or conduct business along Main Street. This land use
designation will not, in staff's opinion, create a fraction as much parking demand as a regular
restaurant for the reasons outlined above.
RECOMMENDATION
Staff recommends the Planning Commission, after
considering all relevant testimony, written or oral, presented during consideration of this
matter, approve Resolution 03 -1, recommending approval to the City Council that the
proposed land use be considered to be consistent with the Main Street Specific Plan, subject
to business size and seating limitations, and approval of a CUP.
Staff's recommendation is based upon the following:
❑ This determination would be consistent with the provisions of the Land Use Element of
the City's General Plan, which provides a "Main Street Specific Plan" designation for the
subject area and permits a coffee house /desert shop with less than 10 seats and 1,000
square feet of business area land use by right within the Main Street Specific Plan zone
and is also similar in nature to the previous determinations of the City in February 2000
regarding the locating of a walk -up /take -out restaurant without any customer seating on
Main Street subject to approval of a Conditional Use Permit. As such, the requested land
use is consistent with the "Vision Statement" of the Main Street Specific Plan. 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 and the
Main Street Specific Plan. Accordingly, the proposed use is consistent with the General
Plan.
❑ The proposed use would be a beneficial use to the area in that very few food
establishments of this nature are present on Main Street. This use would allow the
provision of additional food service restaurants to serve beach going customers and other
visitors to the Main Street area a less expensive meal than some of the other eating
establishments in the area.
Main St. Walk -up Restaurant with Seating - PC Staff Report 5
Walk - Up/Take -Out Restaurants wzth Limited Seating
Main Street Specific Plan Zone Area
Determznatzon of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
❑ This land use will not create parking problems above and beyond the 1 space for 500
square feet requirement currently placed on coffee louses/desert shops and other mainly
retail sale businesses within the Main Street Specific Plan area. This is based on the belief
that take out restaurants with limited seating serve a clientele which is already present on
Main Street for another purpose; i.e., to enjoy the beach, or shop or conduct business
along Main Street.
re Whittenberg
1 irector of Development Services
Attachments (4):
Attachment 1: Letter submitted to the City by James Markham, dated December
5, 2002
.
Attachment 2: Proposed Resolution 03 -1, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to the City
Council that a "Walk -Up /Take -Out Restaurant with Limited
Seating" be Allowed within the Main Street Specific Plan Area,
Subject to Approval of a Conditional Use Permit
Attachment 3: City Council Information concerning Determination of Proper
Zoning — Walk -Up /Take Out Restaurant:
a) City Council Resolution No. 4784
b) City Council Minutes of February 14, 2000
c) City Council Staff Report re: Determination of Proper Zoning —
Walk -Up /Take Out Restaurant, with Attachments:
1) Draft City Council Resolution
2) Planning Commission Resolution No. 00 -6
3) Planning Commission Minute Excerpt, January 19, 2000
4) Planning Commission Staff Report, January 19, 2000
Attachment 4: Code Sections ,
•
* * * *
Main St. Walk -up Restaurant with Seating - PC Staff Report 6
Walk -Up /Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
ATTACHMENT 1
LETTER SUBMITTED TO THE CITY
BY JAMES MARKHAM, DATED DECEMBER 5, 2002
Main St. Walk -up Restaurant with Seating - PC Staff Report 7
DEC -05 -2002 10:33 AM SCOOPS.L.L.C. 760 730 9170 P.02
December 5, 2002
To: Seal Beach Planning Commission
211 8 St.
Seal Beach, Ca 90740
Attn: Lee Whittenberg
My name is James Markham and I own and operate a small New York style corner
pizzeria, called Knockout Pizzeria, in the Village of Carlsbad in Carlsbad, California. I
am asking you to consider my proposal to allow me to open one of my pizzerias at 142 -B
•
Main St.
1 grew up on the east coast and I have tried diligently to bring the authenticity of
thc small corner pizzerias, from the atmosphere to the highest quality-hand tossed New
York style pizza pie. Our concept is a small local neighborhood pizzeria in which we
serve whole pies to go and pizza by the slice. I, James Markham, used to be a boxer, so
the walls of the pizzeria are laden with old autographed boxing photos with the likes of
Rocky Marciano, Jersey Joe Walcott and others, boxing trunks, and well....1 think you
get thc main idea. We usually try to have seating for 8 people, mainly for the purpose of
having a slice and a soda. We arc essentially a walk up, take out, quick stop dining
establishment. We are not in any way a full service restaurant, we do not utilize waiters
or waitresses the customer comcs to thc counter places their order and then picks up their
food. We only serve pizza pie, pizza by the slice, calzones and sodas. nothing else. We
usually havel0 -14 different styles of pizza pie to choose from for pizza by the slice. Our
recipe has also been voted best pizza in San Diego for the last several years running.
Having read the Main Street Specific Plan I see there is a concern about businesses that
only cater to the visitor serving uses. Our Carlsbad store is in an area very similar to the
Main St. area, and 1 can tell you that we have been very well received and we have gotten
nothing but positive feedback from the local population. 1 can assure you that our entire
goal is to be the choice of thc locals and to be the local pizzeria, not a large chain that
,only cares about getting their name out there and flooding the market.
As mentioned before, the location we are proposing is 142 -B Main St., next door
to what used to be John's Market. it is a small location. approximately 750 sq. ft. We are
going to designate a parking spot in the back of the store solely for a customer pick up
area. There are also four, 24- minute parking spots in front of the store, which would. also
help facilitate customers coming to pick up whole pies to go. Our proposal for putting
this pizzeria on Main St. should not burden the parking dilemma that already exists.
After having read the Main Street Specific Plan it seems as though there is not a category
for what we do. The parking requirement for coffee houses; dessert shops is 1 space for
every 500 sq. ft. of gross floor area, and an allowance of up to 10 seats. The parking
_
nFr -0C -7007 1 1 : f2c ' '7 Q1 7f.1 Ca• 0 fil'7
DEC -05 -2002 10:34 AM SCOOPS.L.L.C. 760 750 9170 P.03 -
requirement for restaurants is 1 space for every 100 sq. ft. of gross floor area, and a larger
allowance for seating. We are obviously not a coffee shop, and we are not a full service
restaurant, and we will be utilizing less seats then even the allowance for a coffee shop so
we seem to be in an uncategorized category. Having talked with the planning
department, I am writing this letter to ask that the planning commission vote on, and
allow a new category of walk up, take out dining establishments.
If anyone should require more information or has any questions please feel free
to call me @ 760-207-9448.
Thank you for your time and consideration,
James Markham
•
}
}
.
.
.
nwr As - 7m217 11:xS 760 730 9170 95% P.03 I
Walk - Up/Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
ATTACHMENT 2
_PROPOSED RESOLUTION 03 -1, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL THAT A
"WALK - UP/TAKE -OUT RESTAURANT WITH LIMITED
SEATING" BE ALLOWED WITHIN THE MAIN STREET
SPECIFIC PLAN AREA, SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT
.
i
1
Main St. Walk -up Restaurant with Seating - PC Staff Report 8
•
F
•
Walk -Up /Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
RESOLUTION NO. 03 -1
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH RECOMMENDING .
TO THE CITY COUNCIL THAT A "WALK-UP /TAKE-
OUT RESTAURANT WITH LIMITED SEATING" BE
ALLOWED WITHIN THE MAIN STREET SPECIFIC
PLAN AREA, SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE: !
WHEREAS, On December 5, 2002, James Markham inquired about opening a Walk - Up/Take
Out restaurant with limited seating on Main Street; and
WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on Main
Street, since it was not listed as a permitted or conditionally permitted use; and
WHEREAS, Pursuant to Sections 28 -1250 and 28 -2202 of the Code of the City of Seal Beach, a
hearing was held before the Planning Commission on January 8, 2003 to clarify the
ambiguity; and
WHEREAS, The Planning Commission made the following findings 'regarding the request for
_
clarification of ambiguity:
1. A "walk -up /take -out restaurant with limited seating" land use is not specified
within the Main Street Specific Plan Zone land uses in Section 28 -1250. The
code does, however, permit the Planning Commission the discretion to
acknowledge one use as being predominantly similar to another under the
provisions of Sections 28 -1250 and 28 -2202. Also, the Code permits a Take -
Out/Walk -Up Restaurant within the C -1 zoning, subject to a conditional use
permit.
2. In 1993, the Planning Commission heard a case similar to this one on Main
Street, at 123Y2 Main Street, which at the time was zoned C -1. The
Commission resolved that a bakery to be located at 123 Y2 Main Street should
Main St. Walk -up Restaurant with Seating - PC Staff Report 9
1
Walk -Up /Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
be considered to be a walk -up /take out restaurant and the Commission
recommended to the City Council that the use be permitted. The City Council
concurred with that determination.
3. In January and February 2000, under the provisions of the Main Street
Specific Plan and the Main Street Specific Plan zoning provisions, the
Planning Commission and ultimately the City Council considered a similar
request. At that time the Planning Commission and City Council determined
that a walk -up /take -out restaurant without seating, as defined in Section 28-
268 of the Code of the City of Seal Beach be allowed subject to approval of a
Conditional Use Permit within the Main Street Specific Plan zone.
4. This request very closely parallels the January/February 2000 determinations
of the Planning Commission and City Council, except that the request is to
expand the definition to allow a limited seating capacity within the walk-
up /take -out restaurant facility. The Main Street Specific Plan zone, as
modified by the January/February 2000 determinations of the Planning
Commission and City Council, did not allow for walk -up /take -out restaurants
•
with limited seating at all within the zone. •
5. The Planning Commission finds that this use most closely parallels the Coffee
House/Desert Shop use with a limitation as to the number of seats currently
permitted by right in the Main Street Specific Plan zone, if the size of the
business is less than 1,000 square feet. The coffee house/desert shop type of
businesses were determined to be more similar to a retail use, as the main
customer base is expected to be persons who are coming to Main Street for
some other purpose than to purchase just coffee or a desert. Under this
expectation, it is assumed that the food service business is not a primary
destination point, and that no additional substantial parking demand is placed
on the existing parking available on Main Street.
6. The Planning Commission finds that a Conditional Use Permit (CUP) would
be necessary before any operation would be allowed to commence for said
land use. The CUP process allows: a) public notification to property owners
and occupants of all properties within 300 feet of a requested property
location; b) conducting a public hearing before the Planning Commission; c)
the ability of the •Planning Commission to consider each request on its
individual merits, operation characteristics, and potential impacts to the
surrounding properties and community; 4) the ability of the Planning
Commission to impose site specific conditions to effectively mitigate potential
negative impacts of the requested land use upon adjoining properties; and 5)
the ability of the Planning Commission to deny a request if the Commission
Main St. Walk -up Restaurant with Seating - PC Staff Report 10
Walk - Up/Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning/Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
determines negative impacts cannot be adequately mitigated by imposition of
conditions. •
7. The proposed use would be a beneficial use to the area in that very few food
establishments of this nature are present on Main Street. This use would
allow the provision of additional food service restaurants to serve beach going
customers and other visitors to the Main Street area a less expensive meal than
some of the other eating establishments in the area.
8. This land use will not create parking problems above and beyond the 1 space
for 500 square feet requirement currently placed on coffee houses /desert shops
and other-mainly retail sale businesses within the Main Street Specific Plan
area. This is based on the belief that take out restaurants with limited seating
serve a clientele which is already present on Main Street for another purpose;
i.e., to attend the beach, or shop or conduct business along Main Street.
9. This determination would be consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "Main Street Specific
Plan" designation for the subject area and permits a coffee house /desert shop
with less than 10 seats and 1,000 square feet of business area land use by right
within the Main Street Specific Plan zone and similar in nature to the previous
determinations of the City in February 2000 regarding the locating of a walk-
up /take -out restaurant without any customer seating on Main Street subject to
approval of a Conditional use Permit. As such, the requested land use is
consistent with the "Vision Statement" of the Main Street Specific Plan. 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 and the Main Street Specific Plan. Accordingly, the proposed
use is consistent with the General Plan.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby
recommends to the City Council that a "Walk -Up /Take -Out Restaurants, provided there is seating
for no more than ten (10) customers and the gross square footage of the establishment does not
exceed 1,000 square feet" land use be allowed within the Main Street Specific Plan Area, subject to
the issuance of a Conditional Use Permit.
•
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the day of , 2003, by the
following vote:
Main St. Walk -up Restaurant with Seating - PC Staff Report 11
{
Walk- Up/Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
AYES: Commissioners
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners
David Hood, Ph.D.
Chairman, Planning Commission
t
Lee Whittenberg, Secretary
Planning Commission
Main St. Walk -up Restaurant with Seating • PC Staff Report 12
Walk - Up/Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
ATTACHMENT 3
CITY COUNCIL INFORMATION CONCERNING
DETERMINATION OF PROPER ZONING — WALK -UP /TAKE
OUT RESTAURANT:
a) CITY COUNCIL RESOLUTION NO. 4784 .
b) CITY COUNCIL MINUTES OF FEBRUARY 14, 2000
c) CITY COUNCIL STAFF REPORT RE:
DETERMINATION OF PROPER ZONING — WALK -
UP/TAKE OUT RESTAURANT, WITH
ATTACHMENTS:
1) DRAFT CITY COUNCIL RESOLUTION
2) PLANNING COMMISSION RESOLUTION NO. 00-6
3) PLANNING COMMISSION MINUTE EXCERPT,
JANUARY 19, 2000
4) PLANNING COMMISSION STAFF REPORT, JANUARY
19, 2000
i
1
{
Main St. Walk -up Restaurant with Seating - PC Staff Report 13
•
RESOLUTION NO. 7j' /
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH DETERMINING
THAT A "WALK - UP/TAKE -OUT
RESTAURANT" LAND USE AS DEFINED IN
SECTION 28 -268 OF THE CODE OF THE CITY
OF SEAL BEACH, IS CONSISTENT WITH THE
MAIN STREET SPECIFIC PLAN, SUBJECT TO
A CONDITIONAL USE PERMIT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On December 20, 1999, Rosann Rosandich inquired about opening a Walk -
Up /Take Out restaurant on Main Street; and •
WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use
on Main Street, since it was not listed as a permitted use; and
WHEREAS, Pursuant to Section 28 -2202 of the Code of the City of Seal Beach, a
hearing was held before the Planning Commission on January 19, 2000 to
clarify the ambiguity; and
WHEREAS, The Planning Commission considered the request and adopted Planning
Commission Resolution 00 -6 on January 19, 2000, recommending to the
City Council that the walk -up /take -out land use as defined in Section 28-
268 of the municipal Code be allowed, subject to a conditional use permit,
within the Main Street Specific Plan area; and
WHEREAS, The City Council considered this matter and received public comments and
the recommendation of the Planning Commission on February 14, 2000;
and
WHEREAS: Based upon the facts contained in the record, including those stated
above, and pursuant to §§ 28- 1250.B.17 and 28 -2202 of the City's Code,
the City Council hereby finds:
1. A Walk -Up /Take -Out Restaurant use was permitted along Main
Street when the street was zoned service commercial (C -1), prior to
adoption of the Main Street Specific Plan.
2. The Walk-Up/Take-Out Restaurant use does not generate nearly as
much parking as a dnve -in restaurant would generate. As such, the
parking ratio for the use should be 1 space for every 500 square
feet.
• - i
3. The Walk -Up /Take -Out Restaurant use closely resembles the
Coffee House/Desert Shop land use classification, which is
presently allowed on Main Street, in client behavior. The
customers of these businesses generally take their food elsewhere to
consume it and therefor does not have the potential impacts that a
drive -in restaurant would have.
NOW, THEREFORE BE IT RESOLVED, that Walk - Up/Take -Out Restaurants
use be allowed within the Main Street Specific Plan Area, subject to the Issuance of a
Conditional Use Permit.
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Department of
Development Services is instructed to initiate a Zone Text Amendment to formalize this
determination of the City Council within the provisions of the Main Street Specific Plan
Zone, Section 2R -1250 of the Code of the City of Seal Beach.
PASSED, APPROVED AND ADOPTED by the City Council& the City of Seal
Beach at a meeting thereof held on the /4 day of
, 2000, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
Paul Yost, Mayor
ATTEST:
{
Joanne M. Yeo, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is an original copy of Resolution Number do/hereby file in
the Office of the City Clerk, passed, approved and adopted by the City Council of the
City' f Seal Beach at a meeting thereof held on the 1 day of
, 2000.
/1)7/
oanrie M. Yeo, City Clerk /
Cy of Seal Beach
Page Eleven -'City Council Minutes - February 14, 2000
AYES: Boyd, Campbell, Doane, Snow, Yost
NOES: None Motion carried
The City Attorney noted that the funds are anticipated on
the 24th.
PROFESSIONAL SERVICES AGREEMENT - MOWING /EDGING MAINTENANCE
SERVICES
Bids were received until January 18th, 2000, 10:00 a.m". for
Project Number 100, Mowing and Edging Maintenance Services
Citywide, at which time they were publicly opened by the
City Clerk as follows:
Mariposa Horticultural Ent. Inc. $108,732.00
John's Landscape Service $ 96,000.00
Tropical Plaza Nursery, Inc. $ 74,666.46
Azteca Landscape $ 73,455.06
Landscape West $ 61,380.00
Artistic Maintenance, Inc. $ 48,637.80
L. Barrios & Associates, Inc. $ 45,399.65
Toyo Landscaping Company $ 41,388.00
The Director of Recreation and Parks presented the staff
report, recommended approval of the plans and specifications
and award of the contract to Toyo Landscaping Company in the
amount of $41,388. She noted that the funds to utilize
contract services were achieved through attrition in that
three Parks Division positions have not been filled in the
last two years, and this contract will allow the four
remaining crew members to attend to infrastructure and
beautification projects, the parks and landscaped areas of
the City, and the Division Supervisor will monitor and
supervise the maintenance services contract, the contract is
for a term of two years and the City has the right to cancel
with a fifteen day notice. Councilman Boyd spoke favorably
of the award of this contract, an issue he has supported, •
and noted the annual cost saving of $34,072.
Boyd moved, second by Yost, to approve the plans and •
specifications and authorize the City Manager to execute a
professional services agreement with Toyo Landscaping
•
Company for mowing and edging services, not to exceed
$41,388 annually.
AYES: Boyd, Campbell, Doane, Snow, Yost
NOES: None Motion carried
The City Manager pointed out that this contracts some of the
more repetitive tasks of the Parks Division so that the
personnel can utilize their landscaping skills for other
projects. Mayor Yost asked if this would result in any loss
of current staff, to that the Manager responded that it will
not.
RESOLUTION NUMBER 4784 / ZONING DETERMINATION - WALK -UP /
TAKE -OUT RESTAURANT
The Director of Development Ser presented the staff
report, noted that the process under the Zoning Code allows
for a determination to be made by the Planning Commission
that a use is compatible or similar to other uses already
•
allowed within the zoning classification, if it is in this
case then staff would prepare a Zone Text Amendment to be
considered under public hearing, the Planning Commission has
concurred and taken that action and has recommended the same
to the City Council, if that is done the public hearing will
be scheduled to consider the Zone Text Amendment of
permitted uses in the Main Street Specific Plan subject to a
Page Twelve - City Council Minutes - February 14, 2000 .
Conditional Use Permit, this particular request is to allow
future uses of walk -up /take -out restaurants. He noted that
prior to the adoption of the Specific Plan for the Main
Street area, walk -up /take -out restaurants were allowedo need
the C-1 zone, the Planning Commission felt that the p P
use was quite similar to the bakery /sweet shop uses that
currently exist along Main Street, and in certain cases
permitted by right without a Conditional Use P r it, in this
case however the Commission felt rthat na CUa s esh di etc.
required to address hours of op report suggests that
Councilman Boyd noted that the staff fecific st be
this amendment to the Main Street Sp and Plan could if the
incorporated with the newsrack amendment, asked sd ha
hearings
two n c omb i ne would heard under separate
The responseofastaff was that
or one combentw hearing. dependant up
they will newsrack two amenseparate issues,
e ntent however would not be
for the up this amendment,
to hold up this issue. Preference was indicated that they
be op heard at one to speak to both issues.
P
opportunity
Boyd moved, second by Yost, to adopt Resolution Number 4784
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH DETERMINING THAT A "WALK -UP /TAKE -OUT RESTAURANT"
CITY US AS IN THE MAIN STREET THE
CITY SUBJECT TO A CONDITIONAL USE PERMIT." By
SPECIFIC PLAN, SUBJ full reading of Resolution Number 4784
unanimous consent, 4
was waived.
Boyd, Campbell, Doane, Snow, Yost
AYES: Motion carried
NOES: None
,OUSI G al 4+M G ON - r ..R N .B 7 4
The
ep rt expl i of o ngvg thatmthisSlegislationswould extend for p for a
period d, of s ixm n iod of six months the deadline under which all of the
ai
cities in the Southern California � he dpst adopt t their i
Housing Element. As a p oint of background laih ed
further that the State has a mandate hepa et x l agencies in
housing needs assessments for all g budget it the State, if that is not included in the State budg
• does not occur, which has been the situation in recent .
veers, g proceed, in 1998 the budget allowed that process to p
`the responsible orld in Association totthesOrange
County Council of for f Gov rnments, that agency then spreads the .
Couny Couf Goe Orange County, that �
p h no yet been finalized, likely not until
process has not yet
sometime currently the Housing Elements are due to
be adopted em in April, by Juu
be June 30th. He noted this legislation
recognizes that the process has taken longer than thought at I
the State and OCCOG levels and provides r six month the j
and instructed extension. Yost moved, second by Boyd,
staff report, authorize the Mayor
support of Assembly Bill 1744, staff n
forward the report and letter to the Planning Commission for .
information purposes.
Boyd, Campbell, Doane Snow, Yost ,
AYES: M otion carried i
NOES: None i
Councilman Snow expressed appreciation for the explanation ,
of the acronyms contained in the prior staff rep
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4 ,
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FILE COPY PL....ASE C RCULATE.
February 14, 2000 L41 X,. a C YYY —_
RETURN TO If FOR FILING
STAFF REPORT
To: Mayor Yost and Members of the City Council
Attention: Keith R Till, City Manager
From: Lee Whittenberg, Director of Development Services
Subject: DETERMINATION OF PROPER ZONING -
WALK-UP, TAKE -OUT RESTAURANT
SUMMARY OF REQUEST
Determine that the proposed land use be considered to be consistent with the Main Street Specific
Plan, subject to Conditional Use Permit approval for a specific site location within the Main Street
Specific Plan area.
DISCUSSION
On December 20 1999, Rosann Rosandich contacted the City regarding the possibility of
operating a take out only restaurant at the property located at 118 Main Street. Staff concluded
that this land use is not detailed within the Main St. Specific Plan land uses in Section 28 -1250.
The code does, however, permit the Planning Commission the discretion to acknowledge one use
as being predominantly similar to another pursuant to Section 28- 1250.A.13 and 28- 1250.B.17.
Also, the Code permits a Walk- Up/Take -Out Restaurant within the C -I zoning, subject to a
conditional use permit.
In 1993, the Planning Commission heard a case similar to this one on Main St., at 123 'A Main
St., which at the time was zoned C -1. The Commission resolved that a bakery to be located at
, 123 'A Main St. should be considered to be a walk -up /take out restaurant and the Commission
recommended to the City Council that the use be permitted. This application very closely
parallels that one, except that the Main St. Specific Plan does not list a walk -up /take -out
AGENDA ITEM
C:1My Documents WAINSTRE.SMotain St Walk Up RestaurantCC Staff Reportdoc1LW102 -01-00
c,sr:' ,•a : : -� - ., .- . ..�+ a"
v=,•, i •• - Walk- U.+/Take -Out Restaurant - Determination of Proper Zoning
City Council Staff Report
February 14, 2000
restaurant at all within the zone. Staff recommended to the Planning Commission that this use be
allowed within the zone, subject to a conditional use permit approval.
The Planning Commission considered this matter on January 19, 2000, and after rec eiving the
Staff Report and public comments, determined to recommend approval of a "Determination of
Proper Zoning" to the City Council through the adoption of Planning Commission Resolution No.
00 -6. A copy of the Planning Commission Resolution, Minute Excerpt, and Staff Report are
provided as Attachments 2 through 4, respectively.
FISCAL IMPACT
Minimal, staff costs will be required to prepare a Zone Text Amendment to incorporate the proposed
change into the conditionally allowed uses within the Main Street Specific Plan. This request could be
incorporated into a proposed amendment to the Main Street Specific Plan regarding "Newsracks" that
staff is preparing at this time.
RECOMMENDATION
Concur with the recommendation of the Planning Commission by adopting Resolution No. I f 7 8,`f
and instruct staff to prepare the necessary Zone Text Amendment for public hearing in conjunction
with other pending amendments to the Main Street Specific Plan, if appropriate.
NOTED AND APPROVED
_P
erWhitten.. g, Director Keith R. Till
Development Services Departm a City Manager
Attachments: (4)
ATTACHMENT 1: City Council Resolution No. , A Resolution of the City Council
of the City of Seal Beach Determining that a "Walk- Up/Take-Out
Restaurant" Land Use, as Defined in Section 28 -268 of the Code of the
City of Seal Beach is Consistent with the Main Street Specific Plan,
Subject to a Conditional Use Permit
Map Si w& up rtrss_^a cc Staff Report 2
1
Walk- Up/Take -Out Restaurant - Determination of Proper Zoning
City Council Staff Report
February 14, 2000
ATTACHMENT 2• Planning Commission Resolution No. 00 -6, A Resolution Of The
Planning Commission Of The City Of Seal Beach Recommending To
The City Council That The Walk-Up/Take-Out Land Use As Defined
In Section 28 -268 Of The Municipal Code Be Allowed, Subje, t To A
Conditional Use Permit, Within The Main St. Specific Plan Are...
ATTACHMENT 3: Planning Commission Minute Excerpt, January 19, 2000
ATTACHMENT 4: Planning Commission Staff Report, January 19, 2000
* * * *
.
Mai, St walk Up Rma►uartCC staff Report 3
1
W 'k- Up?ake -Out Restaurant - Determination of Proper Zoning
City Council Sta ff- R -eport
February 14, \ 2000
ATTACHMENT 1
CITY CCUNCIL RESOLUTION NO. , • A
RESOLUTION OF THE CITY COUNCIL OF THE -
CITY OF SEAL BEACH DETERMINING THAT A
"WALK - UPTAKE -OUT RESTAURANT' LAND
USE AS DEFINED IN SECTION 28 -268 OF THE
CODE OF THE CITY OF SEAL BEACH, IS
CONSISTENT WITH THE MAIN STREET
SPECIFIC PLAN, SUBJECT TO A CONDITIONAL
USE PERMIT
•
•
•
Main St W& Up Rrffia;niat StanRq,crt 4
Walk- Up/Take -C `u; Restaurant - Determination of Proper Zoning
Crty Council Staff Report
February 14, 2000
RESOLUTION NC'.
A RESC. LT TTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH DETERMINING THAT A
" WALK - UPTAKE -OUT RESTAURANT' LAND USE
AS DEFINED IN SECTION 28 -268 OF THE CODE OF
THE CITY OF SEAL IS CONSISTENT WITH
THE MAIN STREE... SPECIFIC PLAN, SUBJECT TO A
CONDITIONAL USE PERMIT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On December 20, 1999, Rosann Rosandich inquired about opening a Walk - Up/Take
Out restaurant on Main Street; and
WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on Main
Street, since it was not listed as a permitted use; and
WHEREAS, Pursuant to Section 28 -2202 of the Code of the City of Seal Beach, a hearing was held
before the Planning Commission on January 19, 2000 to clarify the ambiguity; and
WHEREAS, The Planning Commission considered the request and adopted Planning Commission
Resolution 00-6 on January 19, 2000, recommending to the City Council that the walk-
uptake -out land use as defined in Section 28 -268 of the municipal Code be allowed,
subject to a conditional use permit, within the Main Street Specific Plan area; and
WHEREAS, The City Council considered this matter and received public comments and the
recommendation of the Planning Commission on February 14, 2000; and
WHEREAS: Based upon the facts contained in the record, including those stated above, and
pursuant to §§ 28- 1250.B.17 and 28 -2202 of the City's Code, the City Council
hereby finds:
1. A Walk- Up/Take -Out Restaurant use was permitted along Main Street when
the street was zoned service commercial (C-1), prior to adoption of the Main
Street Specific Plan.
Mai St. Wak Up Rrauavt.CC staffRepert 5
1
Walk- Up/Take -Out Restaurant - Determination of Prop. . Zoning
City Council StcTReport
. February 14, 2000
2. The Walk- Up/Take -Out Restaurant use does not generate n� , arly as much
parking as a drive -in restaurant would generate. As such, the parking ratio for
the use should be 1 space for every 500 square feet.
3. The Walk- Up/Take -Out Restaurant use closely resembles the Coffee
House/Desert Shop land use classification, which is presently allowed on Main
Street, in client behavior. The customers of these businesses generally take
their food elsewhere to consume it and therefor d•s not have the potential
impacts that a drive -in restaurant would have.
NOW, THEREFORE BE IT RESOLVED, that Walk- Up/Fake -Out Restaurants use be
allowed within the Main Street Specific Plan Area, subject to the issuance of a Conditional Use Permit.
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Department of Development
Services is instructed to initiate a Zone Text Amendment to formalize this determination of the City
Council within the provisions of the Main Street Specific Plan Zone, Section 28 -1250 of the Code of
the Citv of Seal Beach.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a
meeting thereof held on the day of , 2000, by the .
following vote: .
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers .
.
Paul Yost, Mayor
ATTEST:
'
Main S. walk up Reatazra tCC Staff Report 6
Walk-Up/Take-Out Restaurant - Driermination of Proper Zoning
City Council StaJfReport
February 14, 2000
Joanne M. Yeo, City Clerk
STATE OF r CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing resolution is an original copy of Resolution Number on file in the Office of the
City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a
meeting thereof held on the day of , 2000.
Joanne M. Yeo, City Clerk
City of Seal Beach
•
Maui st. Walk Up Restaurant-CC Staff Report 7
Walk- Up/Take -Out Restaurant - Determination of, 'roper Zoning
City Council StafReport
February 14, 2000
• • ATTACHMENT 2
PLANNING COMMISSION RESOLUTION NO. 00-6,
•
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL THAT
THE WALK UPTAKE —OUT LAND USE AS
DEFINED IN SECTION 28-268 OF THE
MUNICIPAL CODE BE ALLOWED, SUBJECT TO A
CONDITIONAL USE PERMIT, WITHIN THE MAIN
ST. SPECIFIC PLAN AREA.
.
;E f
Mains . Wait Up RivaurartCC Staff 8
RESOLUTION NO. 00-6
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
THAT THE WALK UP/TAKE -OUT LAND USE
AS DEFINED IN SECTION 28 -268 OF THE
MUNICIPAL CODE BE ALLOWED, SU BJECT
• TO A CONDITIONAL USE PERMIT, WITHIN
THE MAIN ST. SPECIFIC PLAN AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEAC `I DOES
HEREBY RESOLVE:
WHEREAS, On December 20, 1999, Rosann Rosandich inquired about opening a Walk
Up/Take Out restaurant on Main St; and
WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on
Main St., since it was not listed as a permitted use; and
WHEREAS, Pursuant to Section 28 -2202 of the Code of the City of Seal Beach, a hearing
was held before the Planning Commission on January 19, 2000 to clarify the
ambiguity; and
WHEREAS, The Planning Commission made the following findings:
1. The Walk Up/Take Out use was permitted along Main St. before the
Main St. Specific Plan was adopted and the street was zoned service
commercial (C -1).
2. The Walk Up/Take Out use does not generate nearly as much
parking as a drive in restaurant would generate. As such, the parking
ratio for the use should be 1 space for every 500 square feet.
3. The Walk Up/Take Out use closely resembles the Coffee
House/Desert Shop use which is presently allowed on Main St. in
client behavior. These customers generally take their food elsewhere
to consume it and therefor does not have the potential impacts that a
drive in restaurant would have.
•
.
.
Walk Up /Take Out R staurants on main St.
.'anuary 19, 2000
NOW, THEREFORE BE IT RESOLVED, that the Planning Comm ssion hereby
recommends to the City Council that the Walk Uprlake out use be . lowed within the Main
St. Specific Plan Area, subject to the issuance of a Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 19th day of Ianuary, 2000, by the following vote:
AYES: • Commissioners Hood, Brow:), Cutul i , Larson, and Lyon
NOES: Commissioners None
ABSENT: Commissioners NnnQ
David Hood, Ph.D., Chairman
Planning Commission - // (° c - 3 c
i ttenberg, ecretary
Planning Commission
(
Main S. Walk up rasaurant Resolution 2
Walk -Up /Take -Out F 'staurant - .)eternunation of Proper Zoning
City Council Staff Report
February 14, 2000
. ATTACHMENT 3
PLANNING COMMISSION MINUTE EXCERPT, JANUARY 19, 2000
.
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Main Si Walk Up Re ra2CC Staff Rapcxt 9
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City of Seal beach Planning Commission
• Meeting Minute- of January 19, 2000
1 making ther.i jump through hoops. He said that he felt this was wrong, and that
2 the ? was something wrong with the City•to create this impression.
3
4 Commis',ioner Brown stated that the City did not create this issue and neither did the
5 curren owners of the property. He said that the people who originally built an
6 illegally constructed deck without a building permit and violated a Stop Work Order
7 created the problem. He noted that the City has spent 10 years attempting to come
8 to a reasonable conclusion to this matter, that is fair to all concerned. 1-i s
9 commented that, unfortunately, many times what is reasonable depends upon who
10 is elected at the time.
11
12 MOTION -by Cutuli; SECOND by Lyon to continue this request to the Planning
13 Commission meeting of March 22, 2000.
14
15 MOTION CARRIED: 5 – 0
16 AYES: Brown, Cutuli, Hood, Larson, and Lyon
17 NOES: None
18 ABSENT: . None
19
20 Mr. Whittenberg announced that there were be no additional notice of the continued
21 hearing, and it would appear on the Agenda of March 22, 2000.
22
23 SCHEDULED MATTERS
24
'S 9. Determination of Appropriate Zoning — Walk- Up/Take -Out Restaurant
_6
27 Staff Report
28
29 Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
30 Planning Department.) He reported that a resident that operates a dry cleaning
31 establishment at 118 Main Street had inquired about the possibility of opening up a
32 walk -up /take -out restaurant. After conducting research on the request, Staff was not
33 able to locate this particular use listed within the permitted use section of the City
34 Code. ►
35
36 The Code does give the Planning Commission the authority to recommend to City
37 Council that a particular use that is substantially consistent with other uses within the
38 zone be allowed.
39
40 Mr. Cummins reported that currently the Main Street Specific Plan (MSSP) does not
41 acknowledge the walk -up /take -out restaurant as a land use, but it is defined within
42 the City Zoning Code and is a permitted use within a C -1 Commercial Zone. He
43 noted that before the Specific Plan was adopted, Main Street was a C -1 Zone and
44 this use would have been permitted at that time. He stated that currently the C -1
45 Zone still permits this use subject to a Conditional Use Permit (CUP). He remarked
46 on a similar case that came before the Planning Commission in 1993 where a
15
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City of Seal Beach Planning Commission
• • Meeting Minutes of January 19, ?000 •
1 determination was made that a bakery was consistent with the C -1 Zoning and a
2 CUP was approved.
3
4 Mr. Cummins stated that in reviewing the parking requirements, Staff had
5 determined that they would be similar to the parking for the Coffee House /Dessert
6 Shop use on Main Street and would require 1 parking space for every 500 square.
7 He explained that the rationale was that clientele for this business would be passers .
8 by that are already there, and there would be no tables or chairs permitted on the
9 site. He stated that Staff felt this to be beneficial to the area, as there are very few
10 similar operations near the beach. He reminded the Commission that a CUP would
11 be required before any operation of this type could begin business.
12
13 Mr. Cummins stated that the vote tonight would be to acknow►adge that this
14 particular use is consistent with others within the MSSP and that the parking
15 demand is essentially the same. He repeated that prior to beginning operation,
16 approval of a CUP would be required. He stated that Staff recommends approval to
17 the City Council that the proposed land use is an appropriate use in the MSSP.
18
19 Commissioner Questions
20
21 Commissioner Brown asked how many parking spaces are currently at the site. Mr. I
22 Cummins responded that the determination tonight was not for this particular site but
23 that this use would be permissible under the MSSP., He stated that Staff has not
24 begun to research this particular building as this would have to come before the
25 Commission for approval of a CUP, and this information would be provided at that
26 time. Commissioner Brown confirmed that this use was not currently included in the
27 MSSP. He asked if the discussion pertained to the bakeries on Main Street. Mr.
28 Whittenberg responded that these were permitted uses under the Coffee
29 House /Dessert Shop provision of the MSSP. He explained that no CUP is required
30 if the site is less than 1000 square feet. He continued that for the walk -up /take -out
31 _ use Staff is recommending a CUP requirement regardless of the size of the building.
32 Commissioner Brown confirmed that Staff wished to create a new category for
33 strictly take -out restaurants with no seating. Mr. Whittenberg confirmed this. He
34 stated that there is an existing category for this type of use in the C -1 Zone of the
35 City, which is what Main Street was zoned for prior to the adoption of the MSSP. He
36 explained that the issue was whether this type of use could be allowed in the Main
37 Street area. Commissioner Brown questioned the definition of a C -1 Zone, stating
38 that he thought a walk -up/ take -out restaurant is allowed some seating. Mr.
39 Whittenberg responded that if it is a walk -up /take -out restaurant, by definition it has
40 no seating.
41
42 Chairperson Hood announced that although this was not a public matter, did any
' 43 member of the public wish to address the Commission on this item. Commissioner
44 Brown asked if there was a reason why this item was dropped from the MSSP. Mr.
45 Whittenberg responded that in researching archive minutes, he believes that the
46 matter was never discussed when drafting the MSSP, but that it was somehow i
.
16
}
. City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2000
1 determined that the City d;•i not choose to allow this type of use as part of the
2 MSSP.
3
4 Ms. Rosann Rosandich stated that she was still confused as to why she would
5 require a CUP and req further explanation. Mr. Whittenberg responded that
6 the purpose of the CUP was to allow the Planning Commission a review of the
7 business proposal to ensure that the operation as proposed would nc` have adverse
8 Effects to adjoining businesses or residents in the area surroundin; the proposed
9 business. He commented that issues that arise with walk -up /take =out restaurants
10 are usually is there sufficient area inside the restaurant for people to wait to order or
11 pick up food, disposal of trash and debris generated by customers, limitation of
12 hours of operation, etc.
13
14 Commissioner Comments
15
16 Commissioner Brown stated that he did not recall discussion in the MSSP that it .
17 would be bad to have a take out restaurant on Main Street. He stated that it was
18 previously allowed and, assuming that this was simply an omission, he did not have
19 any problem with approving this proposal. •
20
21 MOTION by Brown; SECOND by Cutuli to approve Determination of Proper
22 Zoning — Walk - up/Take -out Restaurant and adopt Resolution 00-6. .
23
24 MOTION CARRIED: 5 – 0
5 AYES: Brown, Cutuli, Hood, Larson, and Lyon
26 NOES: None
27 ABSENT: None
28
29
30 Mr. Whittenberg explained that the matter would now be brought before the City
31 Council for review and concurrence. If the Council approves this determination,
32 Staff will compose an amendment to the City Code and the applicant may then make
33 application for a CUP to be brought before the Planning Commission for approval.
34
35
36 PUBLIC HEARINGS
37
38 10. Zone Text Amendment 99-4
39 Citywide
40 .
41 Applicant/Owner: City of Seal Beach
42 Request: To allow the construction of 2nd story decks on the "A" Row
43 of Surfside to be 10 feet, deep. Currently, 10 -foot decks
44 are only permitted on the 1' floor, with 5-foot decks
45 permitted on the 2 and 3rd floors. This amendment would
46 allow the owner to choose to place the 10 foot deck either
.
. 17
.
Walk- Up/Take -Out Restaurant - Determination of Proper Zoning
City Council Staff Report
February 14, 1000
ATTACHMENT 4
PLANNING COMMISSION STAFF REPORT, JANUARY 19, 2000
Main St w a l k li p R a o Staff Report 10
•
{
}
Jan ary 19, 2000
STAFF REPORT
To: Honorable Chairman and Planning Commission
From: Department of Development Services
Subject: Determination of Proper Zoning
Marir3 Bay Cleaners
GENERAL DESCRIPTION
Applicant: RosANN ROSANDICH
Owner: ROBERT WOOD
Location: 118 MAIN ST.
CIassification of Property: MAIN ST. SPECIFIC PLAN (MSSP)
Request: RECOMMEND DETERMINATION TO THE CITY COUNCIL THAT
PROPOSED TAKE OUT ONLY RESTAURANT FITS WITHIN LAND USE ,
DETERMINATIONS AS OUTLINED IN SECTION 28 -1250 OF THE
CITY CODE.
Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW.
Code Sections: 28 -1250
Recommendation: APPROVE RESOLUTION 00-6, RECOMMENDING APPROVAL TO
THE CITY COUNCIL THAT THE PROPOSED LAND USE BE
DETERMINED TO BE AN APPROPRIATE LAND USE IN THE MSSP ,
•
ZONE, SUBJECT TO CONDITIONAL USE PERMIT. ,
F . STS
• On December 20 1999, Rosann Rosandich contacted the City regarding the possibility
of operating a take out only restaurant at the property located at 118 Main St.
• The subject property is located on the 100 block of Main St. and within the Main St.
Specific Plan zone.
• The subject property is legally described as Orange County Assessor's parcel number
199 - 044 -27 and is rectangular in shape.
• The subject property contains an existing clothing cleaning business and the applicant
wishes to change the land use to a take out restaurant.
• The surrounding land uses and zoning are as follows:
EAST
Residential Housing in a Residential High Density district
WEST Residential Housing in a Residential High Density district and
commercial businesses in the Main St. Specific Plan :
NORTH Commercial businesses in the Main St. Specific Plan zone .
SOUTH Commercial businesses in the Main St. Specific Plan zone & the
Pacific Ocean.
{
DISCUSSION
The owners of the above mentioned property have contacted the City
regarding the possibility of opening a take out only restaurant on Main St. at 118 Main. They
have submitted a letter, attached as attachment 1 to this staff report.
Upon review of the application, staff has concluded that this land use is not detailed within the
Main St. Specific Plan land uses in Section 28 -1250. The code does, however, permit the `•
Planning Commission the discretion to acknowledge one use as being predominantly similar to
another. Also, the Code permits a Take Out/Walk Up restaurant within the C -1 zoning,
subject to a conditional use permit.
3
L. I993, the Planning Commission heard a case similar to this one on Main St., at 123 V2 Main
St., which at the time was zoned C -1. The Commission resolved that a bake y to be located at
123 V2 Main S&. should be considered to be a walk-up/take out restaurant any the Commission
recommended to the City Council that the use be permitted. This . pplication very closely
parallels that one, except that the Main St. Specific Plan does not list a walk up /take out
restaurant at all within the zone. Staff feels that this use should be alio ed within the zone,
subject to a CUP.
It is staffs belief f that this use most closely pr. •allels the Coffee House/Desert Shop use due to
the lack of on site seating that the use require ; for its customers. The intent of the applicant is
to sell items such as hamburgers, hot dogs, and pretzels to passers by who are already there,
rather than being a destination restaurant. Staff sees this as a beneficial use to the area in that
very few food establishments of this nature are present on Main St. This use would allow
restaur..ats to serve beach going customers a less expensive meal than some of the other
eating establishments in the area.
Staff would like to point out that a CUP would be necessary before any operation would be
allowed to commence. The purpose of this item on the Commission's agenda this evening is to
recommend to the City Council that this use be classified within the Main St. Specific Plan as
being predominantly similar to the Coffee House/Desert Shop land use which is already
permitted within the zone and allowable to the zone as is defined in Section 28 -268 of the
Code.
Staff recognizes that concerns over parking are generally a theme with any land use along
Main St. However, it is staffs belief that this land use will not create parking problems above
and beyond the 1 space for 500 square feet requirement currently placed on Coffee houses and
Desert Shops. This is based on the belief that take out restaurants with no seating serve a
clientele which is already present at the site for another reason; ie to attend the beach. This
land use designation will not, in staff's opinion, create a fraction as much parking demand as a
regular drive in restaurant for the reasons outlined above.
RECOMMENDATION
Staff recommends the Planning Commission, after
considering all relevant testimony, written or oral, presented during the public hearing,
approve Resolution 00 -6, recommending approval to the City Council that the proposed land
use be considered to be consistent with the Main St. Specific Plan.
Staffs recommendation is based upon the following:
• This determination would be consistent with the provisions of the Land Use Element of the
City's General Plan, which provides a "Main St. Specific Plan" designation for the subject .
area and permits restaurants and drive -in restaurants subject to the issuance of a conditional
use permit. The use is also consistent with the remaining elements of the City's General Plan
.
3
as the policies o: those elements are consistent with, and reflected in, the Land Use Element.
Accordingly, the proplsed use is cons ;tent with the General Plan.
Approval of thi, determination should be through the adoption of Resolution No 00 -6.
FOR: Janu try 19, 2000
a e, : __, , , . ,
Mac Cummins ' ee Wh
Assistant Planner r Director
Department of Development Services Department of Development Services
Attachments (2):
1. Letter submitted to the City by Rosann Rosandich
2. Proposed Resolution 00-6
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Proposal to thing: Y2 or marina Bev Cle210s
To: - Mac Cummins
From: Rosann Rosandich
Subject: Changing Marina Bay C miners
Attn: " Planning Department
Our intent is to provide Mains Street with a new takeout food establishment. We intend to
redesign one half of Marina Bay Cleaners which is approximatd • 500 square feet (tithe 1000
square foot building to accommodate Hot Dogs, Pretzels, and Popcorn. Recently Marina Bay
Cleaners but down its doors due to lack of business that was created due to several issues such
as, the dosure of the public parking lot, new construction, and remodels.
We fed this will benefit Main Street in several ways. Children coming to Seal Beach
►irtually have very little to choose from in the way of fast food. This will be an inexpensive way
for them to eat. This also benefits the surrounding businesses as it provides visibility to them as .
people stop and get their food.
We intend to have the following hours:
Monday - Thursday 11:00 to 6:OOPM ;
Friday 11:00 to 7 :OOPM .
Saturday 11:00 to 8:00
Sunday 11:00 to 6 :00 .
There will be no seatin, as our intent is strictly takeout. There win however, be the use of
a cart which at times will be taken out to provide more visibility. As far as change to the
outside of the building, there will be minimal change such as: signage, and replacing an existing
planter box with a counter outside one of the windows. Inside the use of venting which has
always existed when Marina Bay was pressing clothes will be utilized as needed for cooking.
Thank you for your time in considering the above proposal.
Sincerely,
Rosann M. Rosandich
Marina Bay Cleaners
TD AL P.e1
DEC-22-1995 13:55 1 3:2 795 e554 135% P.e1
i
Walk- Up/Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
ATTACHMENT 4
CODE SECTIONS
"Article 12.5. Main Street Specific Plan Zone
Section 28 -1250. Permitted Uses.
A. Permitted Uses
1) Barbershops and beauty parlors;
2) Coffee houses, dessert shops and similar establishments provided there
is seating for no more than 10 customers and the gross square footage
of the establishment does not exceed 1,000 sq. ft;
3) Financial institutions;
4) General retail businesses such as grocery store, furniture store, etc.;
5) Horticultural Nursery;
6) Medical offices and laboratories facing Main Street or Ocean Avenue
(2nd floor or above only);
7) Medical offices and laboratories not facing Main Street or Ocean Avenue; '
8) Prescription pharmacies;
9) Professional offices facing Main Street or Ocean Avenue (2nd floor and
above only);
10) Professional offices not facing Main Street or Ocean Avenue;
11) Service businesses dealing directly with consumers (dressmaker, nail
shop, tailor, etc); `
12) Accessory buildings and structures; and
13) Other similar uses when determined by the Planning Commission to be
consistent with the Main Street Specific Plan and compatible with other ,
permitted uses within the zone.
B. Uses Subject to Issuance of a Conditional Use Permit
Main St. Walk -up Restaurant with Seating - PC Staff Report 14
i
Walk - Up/Take -Out Restaurants with Limited Seating
. Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
1) Automatic ice vending machines;
2) Coffee houses, dessert shops and similar establishments with seating
for more than 10 customers and the gross square footage of the
establishment exceeds 1,000 sq. ft;
3) Coin operated amusement machines as a secondary use;
4) Commercial activities operating between the hours of 2:00 a.m. and
6:00 a.m.;
5) Entertainment cafes;
6) Gas Stations located on a major arterial, subject to compliance with
the performance and development standards imposed by Section 23-
2318;
7) Horticultural Nursery;
8) Liquor establishments, if part of a grocery store, provided that the •
number of such establishments permitted in the Main Street Specific
Plan Zone shall not exceed two (2) at any one time. Permitted
operating hours for such establishments shall be 7:00 a.m. to 10:00
p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday,
Saturday, and holidays. Any such establishments which qualify for
temporary on -sale or off-sale licenses under the provisions of
Califomia Business and Professions Code Sections 24045.1, 24045.2,
24045.3, 24045.4, 24045.6, 24045.7, 24045.8, and 24045.9, as may be
' amended, shall be exempt from this requirement for a Conditional Use
Permit;
9) Medical offices and laboratories facing Main Street or Ocean Avenue
(1st floor);
10) Movie Theaters;
11) Parking garage;
12) Pet shop;
13) Private parking lots;
14) Professional offices facing Main Street or Ocean Avenue (1st floor);
15) Recycling facilities as defined in Section 28 -2321 and as follows:
a) Reverse vending machines;
b) Small collection recycling facilities within a convenience zone;
and
c) Mobile recycling units within a convenience zone;
16) Restaurant, with or without alcohol sales (not including drive -in
restaurants). Permitted operating hours of such restaurants shall be
7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to
11:00 p.m., Friday, Saturday, and holidays; '
Main St. Walk -up Restaurant with Seating - PC Staff Report 15
Walk -Up /Take -Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
January 8, 2003
17) Similar retail or service establishments catering directly to consumers
when interpreted by the Planning Commission as meeting the intent of
service commercial uses and the General Plan; and
18) Veterinary out - patient clinic.
Section 28 -1251. Limitations on Permitted Uses.
Every use permitted shall be subject to the following conditions and limitations:
A. All uses shall be conducted wholly within an enclosed building except such
uses as:
1) Growing stock, only when in connection with horticultural nurseries;
2) Parking lots;
3) Restaurant, semi - enclosed.
B. Storage shall be limited to accessory storage of commodities sold at retail on
the premises.
C. All operations conducted on the premises shall not be objectionable by reason
of noise, odor, dust, mud, smoke, steam, vibration or other similar causes.
D. Where any property used for commercial purposes has a common property
line with property zoned for residential purposes, no commercial use shall be
established thereon unless there is first erected a solid masonry or concrete
block wall not less than eight feet in height at such property line, except
where a wall of a building is on such property line, no separate block wall
need be provided.
E. Findings required for Conditional Use Permits within the Main Street
Specific Plan boundaries:
1) Additional Findings Required. In reviewing applications for
Conditional Use Permits for the Main Street area, the Planning
Commission shall evaluate each proposed use in order to consider its
impact on the City. No Conditional Use Permit shall be granted within
the Main Street Specific Plan boundaries unless the Planning
Commission makes, in addition to those findings required in the
Zoning Code, Section 28 -2503 and 28 -2504, all of the following
findings: -
a) The proposed use is consistent with the intent and purpose and
Vision established for the Main Street Specific Plan.
b) The proposed use does not conflict with the Specific Plan's goal
to establish and maintain a balanced mix of uses that serve the
needs of both local and non -local populations.
Main St. Walk -up Restaurant with Seating - PC Staff Report 16
Walk-Up/Take-Out Restaurants with Limited Seating
Main Street Specific Plan Zone Area
Determination of Proper Zoning /Clarification of Ambiguity
Planning Commission Staff Report
• January 8, 2003
c) The use will contribute to the unique character of Main Street
and the qualities that provide the Main Street a sense of
identity.
d) The proposed use complies with all applicable City Council
policies, such as the policies the Council has adopted
concerning alcohol serving uses."
"Article 22. General Provisions, Conditions, and Exceptions, Use, Highway
Dedication and Improvement
Section 28 - 2202. Clarification of Ambiguity. If ambiguity arises concerning the
appropriate classification of a particular use within this chapter or if ambiguity exist with
respect to the interpretation of any provisions within this chapter, it shall be the duty of
the Planning Commission to ascertain all pertinent facts and by resolution of record set
forth its findings and its interpretations. Such resolution shall be forwarded to the City
Council and the City Council's determination on the matter shall govern.
For classifying or determining the proper zone for a proposed use, the degree of
compatibility between the proposed use and other uses permitted in the zone shall be
evaluated. (Ord. No. 948)"
* * * *
Main St. Walk -up Restaurant with Seating - PC Staff Report 17
■
AGENDA ITEM "H"
REVISED RESOLUTION
NOTE: REVISED LANGUAGE IS SHOWN ON PAGE 4 IN
BOLD TEXT IN THE "NOW, THEREFORE BE IT
RESOLVED" SECTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH DETERMINING
THAT A "WALK -UP /TAKE -OUT
RESTAURANT WITH LIMITED SEATING" BE
ALLOWED WITHIN THE MAIN STREET
SPECIFIC PLAN AREA, SUBJECT TO
APPROVAL OF A CONDITIONAL USE
PERMIT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE: -
WHEREAS, On December 5, 2002, James Markham contacted the City regarding the
possibility of operating a walk -up /take -out restaurant with limited seating
at the property located at 142 -B Main Street, within the Main Street
Specific Plan zone area of the City; and
•
WHEREAS, City Staff reviewed the inquiry and was uncertain how to classify the use on
Main Street, since it was not listed as a permitted use; and
WHEREAS, Pursuant to Section 28 -2202 of the Code of the City of Seal Beach, a hearing
was held before the Planning Commission on January 8, 2003 to clarify the
ambiguity; and •
WHEREAS, The Planning Commission considered the request and adopted Planning
Commission Resolution 03 -1 on January 8, 2003, recommending to the City
Council that the walk -up /take -out restaurant with limited seating land use as
defined in Section 28 -268 of the municipal Code be allowed, subject to a
conditional use permit, within the Main Street Specific Plan area; and
WHEREAS, The City Council considered this matter and received public comments and
the recommendation of the Planning Commission on January 27, 2003; and
C.\Documents and Settings \LWhittenberg\My Documents\RESO\Main Street.Take -Out Restaurant with Seating CC Reso.doc \LW\01 -
27-03
.I
O s
City Council Resolution No.
Determination re: Walk -Up /Take -Out Restaurant
With Interior Seating — Main Street Specific Plan Zone
January 27, 2003
WHEREAS: Based upon the facts contained in the record, including those stated above,
and pursuant to §§ 28- 1250.B.17 and 28 -2202 of the City's Code, the City
Council hereby finds:
1. A "walk -up /take -out restaurant with limited seating" land use is not
specified within the Main Street Specific Plan Zone land uses in
Section 28 -1250. The code does, however, permit the Planning
Commission the discretion to acknowledge one use as being
predominantly similar to another under the provisions of Sections 28-
1250 and 28 -2202. Also, the Code permits a Take - Out/Walk -Up
Restaurant within the C -1 zoning, subject to a conditional use permit.
2. In 1993, the Planning Commission heard a case similar to this one on
Main Street, at 1231/2 Main Street, which at the time was zoned C -1.
The Commission resolved that a bakery to be located at 123 1/2 Main
Street should be considered to be a walk -up /take out restaurant and the
Commission recommended to the City Council that the use be
permitted. The City Council concurred with that determination.
3. In January and February 2000, under the provisions of the Main Street
Specific Plan and the Main Street Specific Plan zoning provisions, the
Planning Commission and ultimately the City Council considered a
similar request. At that time the Planning Commission and City
Council determined that a walk -up /take -out restaurant without seating,
as defined in Section 28 -268 of the Code of the City of Seal Beach be
allowed subject to approval of a Conditional Use Permit within the
Main Street Specific Plan zone. .
4. 'This request very closely parallels the January /February 2000
determinations of the Planning Commission and City Council, except
that the request is to expand the definition to allow a limited seating
capacity within the walk -up /take -out restaurant facility. The Main
Street Specific Plan zone, as modified by the January /February 2000
determinations of the Planning Commission and City Council, did not
allow for walk -up /take -out restaurants with limited seating at all
within the zone.
5. The City Council finds that this use most closely parallels the Coffee
House/Desert Shop use with a limitation as to the number of seats
currently permitted by right in the Main Street Specific Plan zone, if
the size of the business is less than 1,000 square feet. The coffee
house /desert shop type of businesses were determined to be more
similar to a retail use, as the main customer base is expected to be
persons who are coming to Main Street for some other purpose than to
Main Street.Take -Out Restaurant with Seating CC Reso 2
■
City Council Resolution No.
Determination re: Walk -Up /Take -Out Restaurant
With Interior Seating — Main Street Specific Plan Zone
January 27, 2003
purchase just coffee or a desert. Under this expectation, it is assumed
that the food service business is not a primary destination point, and
that no additional substantial parking demand is placed on the existing
parking available on Main Street.
6. The City Council finds that a Conditional Use Permit (CUP) would be
necessary before any operation would be allowed to commence for
said land use. The CUP process allows: a) public notification to
property owners and occupants of all properties within 300 feet of a
requested property location; b) conducting a public hearing before the
Planning Commission; c) the ability of the Planning Commission to
consider each request on its individual merits, operation
characteristics, and potential impacts to the surrounding properties and
community; 4) the ability of the Planning Commission to impose site
specific conditions to effectively mitigate potential negative impacts of
the requested land use upon adjoining properties; and 5) the ability of
the Planning Commission to deny a request if the Commission
determines negative impacts cannot be adequately mitigated by
imposition of conditions.
7. The proposed use would be a beneficial use to the area in that very few
food establishments of this nature are present on Main Street. This use
would allow the provision of additional food service restaurants to
serve beach going customers and other visitors to the Main Street area
a less expensive meal than some of the other eating establishments in
the area.
8. This land use will not create parking problems above and beyond the 1
space for 500 square feet requirement currently placed on coffee
. houses/desert shops and other mainly retail sale businesses within the
Main Street Specific Plan area. This is based on the belief that take
out restaurants with limited seating serve a clientele which is already
present on Main Street for another purpose; i.e., to attend the beach, or
shop or conduct business along Main Street.
9. This determination would be consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "Main
Street Specific Plan" designation for the subject area and permits a
coffee house /desert shop with less than 10 seats and 1,000 square feet
of business area land use by right within the Main Street Specific Plan
zone and similar in nature to the previous determinations of the City in
February 2000 regarding the locating of a walk -up /take -out restaurant
without any customer seating on Main Street subject to approval of a
Conditional use Permit. As such, the requested land use is consistent
with the "Vision Statement" of the Main Street Specific Plan. The use
Main Street Take -Out Restaurant with Seating CC Reso 3
- "
City Council Resolution No
Determination re• Walk -Up /Take -Out Restaurant
With Interior Seating — Main Street Specific Plan Zone
January 27, 2003
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 and the Main Street Specific Plan.
Accordingly, the proposed use is consistent with the General Plan.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby determines
that a "Walk -Up /Take -Out Restaurants, provided there is seating for no more than ten (10)
customers and the gross square footage of the establishment does not exceed 1,000 square
feet" land use be allowed within the Main Street Specific Plan Area, subject to the issuance
of a Conditional Use Permit. The City Council also concurs with the recommendation
of the Planning Commission that said "Walk - Up/Take -Out Restaurants" shall not be
permitted to have a take -out window oriented towards Main Street. Any such use that
may - be located facing Main Street shall have an interior location for -any take -out
counter or service area.
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Department of
Development Services is instructed to initiate a Zone Text Amendment to formalize this
determination of the City Council within the provisions of the Main Street Specific Plan
Zone, Section 28 -1250 of the Code of the City of Seal Beach.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2003, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
John Larson, Mayor
ATTEST:
Main Street Take -Out Restaurant with Seating.CC Reso 4
City Council Resolution No.
Determination re: Walk -Up /Take -Out Restaurant
With Interior Seating — Main Street Specific Plan Zone
January 27, 2003
Joanne M. Yeo, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing resolution is an original copy of Resolution Number on file in the
Office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the day of
_ 2003.
Joanne M. Yeo, City Clerk
City of Seal Beach
•
Main Street.Take -Out Restaurant with Seating CC Reso 5
•
• AGENDA REPORT a "
5
DATE: January 27, 2003 a �'
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Pamela Arends -King, Director of Administrative Services/Treasurer
SUBJECT: Motorcycle Lease Agreement
SUMMARY OF REQUEST:
Staff requests Council approve a thirty -six month lease agreement with Municipal
Finance Corporation for the acquisition of three BMW Motorcycles for the Police
Department by the adoption of the attached resolution.
BACKGROUND:
During the fiscal years 2002/2003 and 2003/2004 budgeting process the Council adopted
a Fleet Management Policy. Part of the Fleet Management Policy called for the
replacement of four police motorcycles and the financing for the acquisition of the
motorcycles was budgeted for both fiscal years 2002/2003 and 2003/2004. Since the
adoption of the budget a police officer that used a motorcycle to perform his duties left
the City's employ therefore only three motorcycles are required.
Through Municipal Finance Corporation the City is able to finance the motorcycles at
4.25% per annum.
FISCAL IMPACT:
The annual lease payment for principal and interest is $10,974.08. The City budgeted an
estimated annual lease payment for principal and interest for the motorcycles of $13,500.
The annual savings to the General Fund with the inception of this lease agreement is
$2,525.92.
RECOMMENDATION:
Council approve the 36 -month lease agreement with Municipal Finance Corporation for
the acquisition of three BMW police motorcycles, adopt the attached resolution
authorizing the lease agreement and authorize City Manager to execute the agreement.
Agenda Item
j • •
a 4(4-4-e4A-41
Pamela Arends -King
Director of Administrative Service reasurer
6 1'
Joh , :. Bahorski
C y /Manager
AGENDA REPORT
DATE: January 27, 2003
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Douglas A. Dancs, P.E., Director of Public Works /City Engineer
SUBJECT: INTERIM ATTRITION/VACANCY ORGANIZATION OF THE
DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST:
Authorize City Manager to fill vacancies within the Department of Public Works from within but
not increase the overall size of the Department or the total number full time equivalent positions,
until such time that the overall budget is amended. - -
BACKGROUND:
City Council approved the FY 02/03 program of services for the Department of Public Works
during the budget process last year. Additionally, Council imposed a citywide hiring freeze and
required that full -time vacancies could only be filled with Council approval. The intent was to
observe the City's financial condition as it develops and act accordingly. This new budget was
effective July 1, 2003. At that time, the Department had 33 full -time equivalent employees (FTE)
that maintain the City's water, sewer, storm drain, ocean water quality, signal, street, parks, and
beach infrastructure.
During the past 6 months, the Department has had an attrition reduction to 27 FTE. This
reduction equates to approximately $340,000. Furthermore, two department employees are
currently on worker's compensation leave. Their status is unknown at this time, further
intensifying the burden on the remaining 25 FTE's mission to maintain the infrastructure in an
acceptable manner. This correlates to a 32% reduction (8 FTE) in staffing from the programmed
year. In order to keep the Department functioning at minimum levels of service to meet public
health and safety goals, such as delivery of safe, reliable drinking water and prevention of sewer
spills, positions were filled on an interim/acting basis in the utility services section. Interim
positions are limited by restrictions within the municipal code and adjustments are necessary to
the department structure. •
To address public health and safety while keeping the intent of Council's direction on the budget,
the following objectives were implemented.
• Maintain current department overall budgetary levels
Agenda Item
• Do not increase or add to the FTE work force (currently 27).
• Fill necessary positions as recommended by the Director of Public Works/City Engineer
that are necessary for public health and safety from in -house staff. The current positions
that would be filled are the Utility/Maintenance Services Manager, Chief Utility
Operator, and Senior Utility Operator. These positions are necessary to meet public
health and safety requirements for drinking water in accordance with Title 22, Division 4
Environmental Health of the California Code of Regulations administered by the
California Department of Health Services, and operation of a sewer /wastewater system in
accordance with the Santa Ana Regional Water Quality Control Board - Waste Discharge
Requirements Order No. R8- 2002 -0014 (WDR), and overall operation of a functional
utility and operations /maintenance department.
State regulations mandate that only individuals with certain licenses from the state make
decisions regarding a variety of water operational activities, including adjusting the on-
site chlorine generation disinfection system of the public water supply pumped from the
groundwater wells, backflow /cross contamination prevention program, drinking water
testing and sampling, the installation and repair of water mains, and stand -by emergency
response duties for after hours operational emergencies. Permit regulations such as the
WDR's place both civil and criminal penalties for elected officials for failure to properly
fund and manage aspects of the sewer /wastewater utility division. Improperly managed
and funded systems lead to sewer spills and consequently ocean water pollution/beach
closures.
• Program the labor savings from the attrition of FTE (currently 6) into contract
professional services in accordance with the approved level of budgetary control as
identified in the Budget and Fiscal Polices adopted by Council in the FY 2002/03
Program of Service. This will allow Council greater flexibility to make service choices in
the future should reductions become necessary or should Council choose to refill FTE
positions in a better economic climate.
• Move public works personnel, when feasible, to departments either funded by other than
general fund or departments with maintenance of effort related restrictions, such as
utilities and gas tax related services. This will allow the Council a greater flexibility to
respond to necessary changes in general fund related programs.
This approach has many advantages for City Council.
• It limits any increase of new employees to the department.
• It allows Council the flexibility to cut service levels of a contract rather than "laying off'
newly hired employees.
• It ensures public health safety and regulatory requirements are met.
• It provides an intermediate or interim step for Council to evaluate the entire City's fiscal
health by looking at all the departments citywide.
Agenda Item
a
,
FISCAL IMPACT:
None. This program does not increase any Department budget.
RECOMMENDATION:
Authorize City Manager to fill vacancies within the Department of Public Works from within but
not increase the overall size of the Department or the total number full time equivalent positions,
until such time that the overall budget is amended.
A ir Prepares
Douglas . Dancs, P.E.
Director o - ublic Works /City Engineer
NO' it P •• D:
.A
John s . Bahorski,
Cit , anager
Agenda Item