HomeMy WebLinkAbout5 - CUP 12-1 (322 Main Street #7 - Crema Cafe) June 20, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: CONDITIONAL USE PERMIT 12-1
322 Main Street #7 (The Crema Café)
GENERAL DESCRIPTION
Applicant: TARIT TANJASIRI
Owner: RON BENNETT
Location: 322 MAIN STREET#7
Classification of Property: MAIN STREET SPECIFIC PLAN (MSSP)ZONE
Request: To PERMIT RECIPROCAL ACCESS BETWEEN THE EXISTING
RESTAURANT AND AN ADJACENT LEASE SPACE (PROPOSED
BAKERY), AND TO ALLOW OUTDOOR DINING WITHIN AN EXISTING
ADJACENT COURTYARD WITHIN THE MAIN STREET SPECIFIC
PLAN (MSSP)ZONE.
Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW AND IS IN ACCORDANCE WITH THE PROVISIONS OF THE
MAIN STREET SPECIFIC PLAN, ADOPTED IN ACCORDANCE WITH
NEGATIVE DECLARATION 96-1
Code Sections: CHAPTERS 11.2.10; 11.4.05.090; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
Recommendation: APPROVE CONDITIONAL USE PERMIT 12-1 THROUGH THE
ADOPTION OF RESOLUTION NO. 12-7, AS MAY BE MODIFIED
BASED ON PUBLIC HEARING TESTIMONY AND FINAL
DETERMINATIONS OF THE PLANNING COMMISSION
Z:\Conditional Use Permits\CUP 12-1 322 Main Street#7(Creme Cafe)\CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff
Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
FACTS
❑ On April 26, 2012, Tarit Tanjasiri (the "Applicant") filed an application with the
Department of Development Services for Conditional Use Permit 12-1 to permit
reciprocal access between the existing restaurant (The Crema Café) and an
adjacent lease space (Crema Café Bakery), and to allow outdoor dining within an
existing adjacent courtyard.
❑ The subject property is described as Orange County assessor's parcel # 043-113-
46, and is 75' x 117.5' in size.
❑ The subject property is a rectangular property having 75 feet of frontage on Main
Street and comprising approximately 8,812.5 square feet.
❑ The structure on the property is currently utilized for a variety of different retail and
commercial uses, as well as a dwelling unit at the rear of the property at the second
floor.
❑ The next nearest residential property is located across the alley to the rear of the
subject property and easterly of the Main Street alley, approximately 40 feet from
the rear of the subject structure.
❑ The surrounding land uses and zoning are as follows:
❑ NORTH, SOUTH, and WEST — Retail and service-related businesses in the
Main Street Specific Plan (MSSP) zone.
❑ EAST— Residential uses in the Residential High Density (RHD-20) zone.
❑ The Planning Commission has previously granted the following approvals for the
subject property:
❑ Plan Review 18-76 — Exterior Remodel
❑ Conditional Use Permit 4-88 — Massage Therapy
❑ Conditional Use Permit 92-22 —Alcohol-related land use (Nip-n-Stuff Liquor)
(Rescinded by the property owner on December 15, 1994)
❑ Variance 94-7 — Exception from commercial parking, loading zone, and
landscaping requirements in conjunction with a request to establish a restaurant
❑ As of June 14, 2012, staff has received 19 pages of petitions, totaling approximately
228 signatures, in support of the restaurant and bakery.
2
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
DISCUSSION
In November 1994, Mr. Ronald Bennett, the property owner, submitted an application to
the Community Development Department for Variance 94-7. It is important to note that
prior to the establishment of the Main Street Specific Plan (MSSP) Zone in 1996, the
subject property was zoned 'Service Commercial' (C-1). Mr. Bennett's application was
requesting relief from the parking, loading, and landscaping requirements of the Service
Commercial (C-1) zone for the establishment of a gourmet coffee store in an existing,
approximately 900 square foot retail space (formerly Nip-n-Stuff Liquor) at 322 Main
Street. The proposed coffee store would also sell bulk coffee and tea, pre-packaged
food and bakery items such as bagels, muffins, scones, etc. No food preparation was
proposed to take place on-site as part of the 1995 coffee store proposal, but due to the
presence of an approximately 200 square foot (at the time) eating area within the store,
the coffee store was considered a restaurant under 1995 zoning standards.
On January 18, 1995, the Planning Commission approved the requested Variance 94-
7, based on a hardship created by the strict interpretation of the Zoning Code as it
pertained to parking, loading, and landscape requirements for the proposed coffee
store use. As part of the variance approval, the Planning Commission did not put a
restriction on food preparation on the premises (meaning that food preparation could, in
fact, occur on-site) and both staff and the Planning Commission recommended that Mr.
Bennett be required to enter into a Development Agreement with the City for the
proposed change in use. This Development Agreement was approved by the Planning
Commission on February 22, 1995 and by the City Council on March 271' 1995, under
Ordinance Number 1391.
Under the terms of the Development Agreement, Mr. Bennett was required to pay in-
lieu parking fees of $6362.40 to mitigate traffic and parking impacts arising from the
project. The project, based on the original 900 square foot restaurant area, would have
been required to provide nine additional parking spaces. Credit for four parking spaces
was given for the owner's voluntary removal of a beauty shop that previously existed on
site. The net result was the new restaurant was required to provide an additional five
spaces (beyond the seven on-site parking spaces that existed for the eight uses on the
property in 1995) at $3,500 per parking space. The $6362.40 amount was based on
$17,500 (5 spaces x $3,500 per space), minus credits based upon the benefits to the
City and the residents of the City arising from the project, as determined by staff and
the Planning Commission. This balance was to be paid in annual installments, based
on the anniversary date from the date of issuance of the Certificate of Occupancy for
the restaurant space. City records show that by 2001, the entire balance of $6362.40
had been paid in full by Mr. Bennett.
City business license records show that in December 2006, Mr. Tarit Tanjasiri (the
applicant) applied for a business license for The Crema Café at the subject location.
3
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
The previous business (The Coffee Bean and Bakery) had a valid business license until
at least April of the same year, and probably later. There is no evidence in the record
that any modifications or expansions to the original 900 square foot restaurant space
had taken place up until that point.
In May 2008, the applicant applied for a building permit for tenant improvements to
expand into an adjacent 644 square foot lease space, remodel the existing kitchen
(based on permit records, it appears that the existing kitchen, in some form, existed as
early as December 1995), add storage, office space, and an accessible restroom.
Under normal circumstances, for a restaurant operating under a conditional use permit
(CUP), this expansion would have triggered a modification to that CUP and additional
in-lieu parking fees. Since no CUP existed for the subject restaurant, only a variance
and a development agreement dating back to 1995, it is unknown whether the applicant
was aware that, at a minimum, this expansion would have triggered additional in-lieu
parking fees, as the expanded space was previously considered a retail use and not a
restaurant use. As part of this expansion, the existing Type II range hood was
upgraded to a Type I hood (grease filters). Normally, when a Type I hood is installed in
a restaurant, the installation of a grease interceptor is required if one does not currently
exist on the premises. Because of the cost involved with such installation, the applicant
was granted a variance from this requirement by the Public Works Department,
provided the restaurant would not generate fats, oils, or grease beyond that which was
currently being produced prior to the expansion/remodel, and provided that a grease
trap was installed on the currently existing sink system.
Between 2008 and today, exterior tables appeared outside of the restaurant in the
courtyard area, slowly growing in number over time, to accommodate additional
restaurant patrons. Again, under normal circumstances, this would have also required
a modification to any CUP (business activities that occur outside of an enclosed
building require a CUP), as well as additional in-lieu parking fees.
The applicant initially contacted staff in December 2011, regarding the establishment of
a production/retail bakery adjacent to the existing Crema Café premises. Staff was
receptive to the idea and expressed to the applicant that, given some of the outstanding
issues with The Crema Café, the bakery would need to remain completely separate
from the restaurant. As such, no CUP or in-lieu parking fees would be required, since
the use as a retail business is permitted by right and the parking for such a use would
have grandfathered rights. Staff did, however, express to the applicant at that time, that
the outstanding parking and expansion issues with The Crema Café would need to be
addressed at some point. Soon thereafter, the applicant proceeded to prepare and
submit plans for the proposed bakery to the Community Development Department for
review and approval.
As part of the Building Division's review, a requirement for disabled access to the
bakery space was made a condition of approval, per state accessibility laws. Because
of the existing entry configuration and the proposed floor plan layout, providing
4
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Cafe
June 20, 2012
accessibility in this area would have likely required a substantial reconfiguration of the
floor plan. The City's Building Official suggested to the applicant that perhaps the
existing accessible entryway for The Crema Café could be utilized by creating
reciprocal access between the two lease spaces, unaware of the Planning Division's
requirement to keep the lease spaces separate. The applicant modified the plans
accordingly and it was only when the Building Division was ready to issue permits that
Planning became aware of the proposal for reciprocal access between the businesses.
It was at this point that staff required the applicant to apply for a CUP for The Crema
Café to permit reciprocal access between the bakery space and the restaurant and to
address the issues regarding the restaurant expansion that have occurred since 2008.
Main Street Specific Plan
When the restaurant was first established in 1995, the Main Street Specific Plan
(MSSP) had not yet been adopted. Instead, the Main Street area was governed by the
Service Commercial (C-1) zoning regulations. The C-1 zoning designation became the
'SC' zone under the Title 11 zoning code in 2011 but the development standards
remained largely the same, including no CUP requirement for restaurants that do not
also have alcohol permits. This explains why the original restaurant in 1995 would not
have been required to obtain a CUP for its operation. When the MSSP zone was
implemented in 1996, a CUP was required for the establishment of any restaurant
within the zone, regardless of alcohol permit status, and the restaurant then became a
nonconforming use within the zone and grandfathered under the previous zoning.
The existing restaurant has been a positive addition to the commercial character of
Main Street, providing an additional dining option on Main Street that has been very
popular with residents and visitors to the community.
2008 Expansion
When the restaurant expansion in May 2008 occurred, this was technically a violation of
the Zoning Code, as the previous Chapter 28 zoning did not allow any expansion or
alteration of nonconforming, nonresidential uses and structures unless such expansion
or alteration made the use or structure conforming. Furthermore, under the MSSP, any
expansion or intensification of use would have also required additional parking or in-lieu
parking fees commensurate with the expansion. It is not clear in the record as to how
the business was allowed to proceed with the expansion without addressing the parking
issue, but no additional parking or fees were required at that time.
Utilization of Courtyard/Patio Area
As the restaurant has become more popular in recent years, there has been a gradual
expansion of seating into the courtyard area located in the middle of the property's
lease spaces. Chapter 11.4.05.090D of the Seal Beach Municipal Code defines the
performance standards for 'Outdoor Dining and Seating Areas'. These standards
5
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
define such things as limitation on seating, hours of operation, parking requirements,
etc. Currently, the courtyard area is open with no physical barriers, aside from
buildings, defining the outdoor dining area. The Planning Commission does have the
authority to require separation of this area by a physical barrier, but because this area is
also used by other merchants and their patrons within the complex, and the fact that the
restaurant does not provide sales of alcohol, staff recommends that no physical barriers
be required unless the Commission wishes to confine this outdoor area to a delineated
space. This outdoor area would, however, be subject to the same parking requirements
as any indoor restaurant space.
Parking
Parking for the original restaurant space (-900s.f.) has been addressed under the
previous Development Agreement which was approved in 1995. Since that
Development Agreement was approved, the restaurant has expanded into an interior
space of approximately 644 square feet and a useable outdoor area of roughly 1,000
square feet. Under this expanded area, the parking requirement has been increased by
approximately 16 parking spaces. Parking calculations are based on gross floor area,
not dining room area or net useable area. Staff believes that there are likely other
options to reduce the outdoor dining area into a more confined space, thereby reducing
the overall parking requirement. Staff does not believe that even though there will now
be reciprocal access between the bakery and the restaurant, that the bakery space
should be calculated at restaurant parking requirements. Based on the layout of the
bakery space, staff is comfortable in keeping parking for the bakery space calculated as
retail, even though there may be some spillover from bakery patrons into the restaurant
area, since the bakery area is not proposed to have indoor seating.
Under a scenario where 16 additional parking spaces, or in-lieu fees for said spaces,
would be required, at $3,500 per space, the total amount would be $56,000. This fee
amount could potentially be reduced significantly by reducing or reconfiguring the
outdoor seating area, or by possibly eliminating table service within the outdoor patio
area.
Approval of Conditional Use Permit
In reviewing applications for conditional use permits for the Main Street area, the
Planning Commission shall evaluate each 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 Chapter 11.5.20.020 of the Zoning Code, all of the following findings:
1. The use is consistent with the intent, purpose, and vision established for the
Main Street Specific Plan.
6
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Cafe
June 20, 2012
2. The use does not conflict with the Specific Plan's goal to establish and
maintain a balanced mix of uses that serve the needs of both local and non-
local populations.
3. The use contributes to the unique character of Main Street and the qualities
that provide the Main Street sense of identity.
4. The use complies with all applicable City Council policies, such as the
policies the Council has adopted concerning alcohol serving uses.
Findings that the Planning Commission must make for the approval of a use permit
include:
1. The proposal is consistent with the General Plan and with any other
applicable plan adopted by the City Council;
2. The use is allowed within the applicable zoning district with use permit
approval and complies with all other applicable provisions of the Municipal
Code;
3. The site is physically adequate for the type, density, and intensity of use,
including provision of services, and the absence of physical constraints;
4. The location, size, design, and operating characteristics of the use are
compatible with and do not adversely affect uses and properties in the
surrounding neighborhood; and
5. The establishment, maintenance, or operation of the use at the location is not
detrimental to the health, safety, or welfare of persons residing or working in
the vicinity of the use.
The above findings direct the determinations of the Planning Commission regarding the
proposed project. The Commission would need to make affirmative findings to support
each of the above criteria if it determines to approve the subject request.
Staff believes that the restaurant has been a valuable and popular addition to Main
Street, has not created any significant problems for surrounding merchants and the
neighborhood in general in the time that it has been in operation, and that the project is
consistent with each of the above areas of concern as set forth within the Main Street
Specific Plan and the Zoning Code. Additionally, the restaurant primarily caters to a
breakfast/lunch clientele and does not sell or serve alcoholic beverages on the
•
premises and is not proposing to change their operating model at this time.
Staff would also like to note that The Crema Café's current operating hours are outside
those which are now allowed under the Main Street Specific Plan. Presently, the
restaurant opens at 6:30 AM, whereas the MSSP now requires that 7:00 AM is the
7
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
earliest a business may open for business. Staff is comfortable with keeping the 6:30
AM opening time, as this is presently grandfathered, has been in place for years and
does not seem to cause a problem with other Main Street merchants or the
neighborhood in general.
RECOMMENDATION
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-1, subject to conditions as proposed and as may be amended by the Planning
Commission.
Staff's recommendation is based upon the belief that positive findings can be made for
all findings of approval as required by applicable sections of both the Main Street
Specific Plan and the Zoning Code.
For: June 20, 2012
9 -
.0.4,_ _7 i%
■ 4m- •livera, AICP
..ni• Planner— Community Development
Attachments (2):
Attachment 1: Proposed Resolution 12-7, A Resolution of the Planning
Commission of the City of Seal Beach permitting reciprocal
access between The Crema Café (Suite #7) and Crema
Café Bakery (Suite #8), and to allow outdoor dining within an
existing courtyard adjacent to The Crema Café, within the
Main Street Specific Plan zone at 322 Main Street, Seal
Beach
Attachment 2: Project Plans
8
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
ATTACHMENT 1
PROPOSED RESOLUTION 12-7, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH PERMITTING RECIPROCAL
ACCESS BETWEEN THE CREMA CAFÉ (SUITE
#7) AND CREMA CAFÉ BAKERY (SUITE #8),
AND TO ALLOW OUTDOOR DINING WITHIN AN
EXISTING COURTYARD ADJACENT TO THE
CREMA CAFÉ, WITHIN THE MAIN STREET
SPECIFIC PLAN ZONE AT 322 MAIN STREET,
SEAL BEACH
9
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
RESOLUTION NUMBER 12-7
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
PERMITTING RECIPROCAL ACCESS BETWEEN
THE CREMA CAFE (SUITE #7) AND CREMA
CAFE BAKERY (SUITE #8), AND TO ALLOW
OUTDOOR DINING WITHIN AN EXISTING
COURTYARD ADJACENT TO THE CREMA CAFE,
WITHIN THE MAIN STREET SPECIFIC PLAN
ZONE AT 322 MAIN STREET, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On April 26, 2012, Tarit Tanjasiri (the "applicant") filed an
application with the Community Development Department for Conditional Use Permit
12-1 to permit reciprocal access between the existing restaurant (The Crema Café) and
an adjacent lease space (Crema Café Bakery), and to allow outdoor dining within an
existing adjacent courtyard.
Section 2. Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for CUP 12-1 for the requested land use
entitlements is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor
Alterations in Land Use Limitations), because the proposal involves a minor alteration in
land use limitation and does not involve either a property in excess of 20% slope or a
change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on June 20, 2012, to consider the application for CUP 12-1. At the public
hearing the Planning Commission received evidence and testimony regarding said
application.
Section 4. The record of the hearing of June 20, 2012 indicates the
following:
10
CUP 12-1 322 Main Street#7(Creme Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
(a) On April 26, 2012, Tarit Tanjasiri (the "applicant") filed an
application with the Community Development Department for Conditional Use Permit
12-1 to permit reciprocal access between the existing restaurant (The Crema Café) and
an adjacent lease space (Crema Café Bakery), and allow outdoor dining within an
existing adjacent courtyard.
(b) The subject property is described as Orange County assessor's
parcel # 043-113-46, and is 75' x 117.5' in size.
(c) The subject property is a rectangular property having 75 feet of
frontage on Main Street and comprising approximately 8,812.5.
(d) The structure on the property is currently utilized for a variety of
different retail and commercial uses, as well as a dwelling unit at the rear of the
property at the second floor.
(e) The nearest residential property is located across the alley to the
rear of the subject property and easterly of the Main Street alley, approximately 40 feet
from the rear of the subject structure.
(f) The surrounding land uses and zoning are as follows:
❑ NORTH, SOUTH, and WEST — Retail businesses in the
Main Street Specific Plan (MSSP) zone.
❑ EAST — Residential uses in the Residential High Density
(RHD) Zone.
(g) The Planning Commission has previously granted the following
approvals for the subject property:
❑ Plan Review 18-76 — Exterior Remodel
❑ Conditional Use Permit 4-88 — Massage Therapy
❑ Conditional Use Permit 92-22 — Alcohol related land use
(Nip-n-Stuff Liquor — rescinded by the property owner on
December 15, 1994)
❑ Variance 94-7 — Exception from commercial parking, loading
zone, and landscaping requirements in conjunction with a
request to establish a restaurant.
(h) As of June 14, 2012, staff has received 19 pages of petitions,
totaling approximately 228 signatures in support of the restaurant and bakery.
Section 5. Based upon the facts contained in the record, including
those stated in §4 of this resolution and pursuant to Chapters 11.2.10; 11.4.05.090; and
11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the
following findings:
11
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
(a) The use, as conditioned, is consistent with the intent, purpose, and
vision established for the Main Street Specific Plan, as the existing restaurant is a
positive addition to the commercial character of Main Street and is in conformance with
several urban design factors that are identified within the adopted Main Street Specific
Plan;
(b) The use, as conditioned, 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, as the existing restaurant provides a popular destination for
breakfast and lunch patrons from Seal Beach and the surrounding areas;
(c) The use, as conditioned, contributes to the unique character of
Main Street and the qualities that provide the Main Street sense of identity;
(d) The use, as conditioned, complies with all applicable City Council
policies;
(e) The proposal for reciprocal access and outdoor dining is consistent
with the General Plan and with the Zoning Code, provided that all recommended
conditions are adhered to;
(f) The site, as conditioned, is physically adequate for the type,
density, and intensity of use, including provision of services and the absence of physical
constraints;
(g) The location, size, design, and operating characteristics of the use
are compatible with and do not adversely affect uses and properties in the surrounding
neighborhood; and
(h) The establishment, maintenance, or operation of the use at the
location is not detrimental to the health, safety, or welfare of persons residing or
working in the vicinity of the use.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 12-1, subject to the following conditions:
1. Conditional Use Permit 12-1 is approved for reciprocal access between The
Crema Café (Suite #7) and Crema Café Bakery (Suite #8), as well as outdoor
dining within the courtyard area adjacent to The Crema Cafe. All tenant
improvements shall be in substantial conformance with plans submitted as part
of the application for Conditional Use Permit 12-1.
2. The hours of operation shall be 6:30 AM to 4:00 PM, daily for The Crema Café
and 7:00 AM to 9:00 PM daily for Crema Café Bakery.
3. Delivery hours shall be 7:00 AM to 9:00 PM, Monday through Saturday, and 8:00
AM to 8:00 PM on Sundays.
12
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
4. The project proponent shall obtain and complete all required Planning Division,
Building Division, and Public Works Department approvals prior to the issuance
of the certificate of occupancy for the proposed bakery use.
5. In the event that either the restaurant or the bakery ceases to exist, the
reciprocal access between the two lease spaces shall be discontinued.
6. There shall be no tables or seating located in the public areas of the proposed
bakery space.
7. All proposed exterior signage shall be approved by the Community Development
Department and shall obtain all proper building permits, where applicable.
8. A clear and adequate path of travel for accessibility through the restaurant dining
room to the bakery and from the sidewalk through the courtyard shall be
maintained at all times.
9. Striping for parking stalls located on the subject property shall be clearly marked
and shall meet the minimum parking stall dimensions as defined by Chapter 11
of the Seal Beach Municipal Code.
10. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishment shall remove trash
and debris on an appropriate basis so as not to cause health problems. There
shall be no dumping of trash outside the establishment between the hours of
10:00 p.m. and 7:00 a.m.
11. The project proponent shall pay the required in-lieu parking fee of $56,000.00, in
accordance with the provisions of the Main Street Specific Plan, for the
expanded portions of the restaurant use that have occurred since 1996. This
payment shall occur prior to issuance of any certificates of occupancy not yet
issued. Payment of this fee may be made in installments, subject to approval by
the Director of Community Development.
12. The establishment shall comply with Chapter 7.15, "Noise," of the City of Seal
Beach Municipal Code as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule the subject CUP for reconsideration and may require the
applicant/operator to mitigate the noise level to comply with the provisions of
Chapter 7.15.
13. This CUP shall not become effective for any purpose unless/until a City
"Acceptance of Conditions" form has been signed by the applicant in the
presence of the Director of Community Development or notarized and returned
to the Planning Department; and until the ten (10) calendar-day appeal period
has elapsed.
14. A modification of this CUP shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of
Approval.
13
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
b. There is a substantial change in the mode or character of operations of
the establishment.
15. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to the City of Seal Beach Municipal Code if harm or retail-related
problems are demonstrated to occur as a result of criminal or anti-social
behavior, including but not limited to the congregation of minors, violence,
vandalism, solicitation and/or litter.
16. This CUP shall become null and void unless exercised within one (1) year of the
date of final approval, or such extension of time as may be granted by the
Planning Commission pursuant to a written request for extension submitted to
the Community Development Department a minimum of ninety (90) days prior to
such expiration date.
17. The applicant shall indemnify, defend, and hold harmless City, its officers,
agents, and employees (collectively "the City" hereinafter) from any and all
claims and losses whatsoever occurring or resulting to any and all persons,
firms, or corporations furnishing or supplying work, services, materials, or
supplies in connection with the performance of the use permitted hereby or the
exercise of the rights granted herein, and any and all claims, lawsuits, or actions
arising from the granting of or the exercise of the rights permitted by this
Conditional Use Permit, and from any and all claims and losses occurring or
resulting to any person, firm, corporation, or property for damage, injury, or death
arising out of or connected with the performance of the use permitted hereby.
Applicant's obligation to indemnify, defend, and hold harmless the City as stated
herein shall include, but not be limited to, paying all fees and costs incurred by
legal counsel of the City's choice in representing the City in connection with any
such claims, losses, lawsuits, or actions, expert witness fees, and any award of
damages, judgments, verdicts, court costs, or attorneys' fees in any such lawsuit
or action.
18. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
2012 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
14
CUP 12-1 322 Main Street#7(Creme Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
ABSTAIN: Commissioners
Sandra Massa-Lavitt
Chairperson, Planning Commission
Greg Hastings
Interim Secretary to the Planning Commission
15
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-1
322 Main Street#7— The Crema Café
June 20, 2012
ATTACHMENT 2
PROJECT PLANS
16
CUP 12-1 322 Main Street#7(Crema Cafe) PC Staff Report.doc