HomeMy WebLinkAboutPC Res 12-07 - 2012-06-20 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:
(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.
(i) The Crema Café restaurant occupies 1500 square feet of indoor
space, which includes an original 900 square foot restaurant plus a 600 square foot
indoor conversion of retail space to restaurant use in 2008. The restaurant has
previously only provided 4 parking spaces and in-lieu fees for an additional 5 parking
spaces. There is, therefore, an unmet parking need for 4 spaces, after credit is given
for the parking previously provided for the expansion space when it was used as a retail
space.
0) The restaurant also makes use of an adjacent outdoor patio space
that is approximately 800 square feet in area, approximately 25% of which is used by
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the restaurant at any given time. The square footage of the patio area for purposes of
calculating parking is therefore 200 square feet.
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:
(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
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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 10:00 PM, daily for The Crema Café
and 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.
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 $21,000.00, in
accordance with the provisions of the Main Street Specific Plan, for the
expanded portions of the restaurant use that have occurred since 1996.
Payment must be made in no more than 7 equal payments, the first of which
must be made prior to issuance of any Certificates of Occupancy not yet issued
Subsequent payments must be made annually on or before the anniversary of
the approval of this CUP.
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
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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.
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 20th day of
June 2012 by the following vote:
AYES: Commissioners Everson, Cummings, Goldberg, Massa-Lavitt
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NOES: Commissioners None
ABSENT: Commissioners Galbreath
ABSTAIN: Commissioners None
/
Sandra Massa-Lavitt, Chai
Planning Commission
/vim
47t •re2 Ha- ings
In -ri ecretary to the Planning Commission
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