HomeMy WebLinkAboutCC Res 4840 2000-10-09
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RESOLUTION NUMBER //flf'tl
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH
CONDITIONALLY APPROVING CUP NO. 00-
2, ALLOWING THE CHANGE IN USE FROM A
DRIVE THROUGH FAST FOOD
RESTAURANT TO A COFFEE HOUSE WITH
INTERIOR ALTERATIONS AT 770 PACIFIC
COAST HIGHWAY, SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section 1. On April 13, 2000, Tom Lao (the "Applicant") filed an application
with the Department of Development Services for Conditional Use Permit 00-2 for the
change in use from a drive through fast food restaurant to a drive through coffee house,
and to alIow interior alterations at 770 Pacific Coast Highway.
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Section 2. Pursuant to 14 California Code of Regulations ~15305 and ~II (B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for
CUP 00-2 for the proposed interior remodeling is categorically exempt from review
pursuant to the California Environmental Quality Act pursuant to 14 California Code of
Regulations ~15301 (Minor Alterations in Land Use Limitations), because the proposal
involves a negligible expansion of an existing use; pursuant to ~ 15305 (Minor Alterations
in Land Use Limitations), because the proposal involves a minor alteration in land use
limitation and does not involve either a property in excess of 20% slope or a change in
land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Cornmission on May 17, 2000, to consider the application for CUP 00-2. Written
evidence was submitted for or against the project, and at the public hearing members of
the audience spoke both in favor and against the proposal. The Planning Commission
held a continued public hearing on June 14, 2000, July 19, 2000 and August 9, 2000 to
consider the application.
Section 4. The Planning Commission approved Conditional Use Permit 00-2
subject to 21 conditions through the adoption of Planning Commission Resolution No.
00-19 on August 23, 2000.
. Section 5. An appeal of the Planning Commission's approval of Conditional
Use Permit 00-2 was timely filed. On Septernber 25, 2000 the City Council held a duly
noticed de novo public hearing to consider the application. The Council considered all
oral and written testimony and evidence presented at the time of the public hearing,
including the staff reports.
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Section 6. The record of the de novo hearing before -the City Council
indicates the following:
(a) On April13, 2000, Tom Lao submitted an application for CUP 00-
2 with the Department of Development Services.
(b) SpecificalIy, the applicant is proposing to change the use of an
existing drive through restaurant to a drive through coffee house and to undertake interior
alterations on property located in a General Commercial (C-2) zone. The alterations
include removing the existing play area, required as a condition of Planning Commission
Resolution No. 94-29, and replacing it with a display area.
Resolution Number ~J./tJ
(c) The subject property contains approximately 12,631 square feet.
The property is located on the South side of Pacific Coast Highway, in a General
Commercial (C-2) zone.
(d) The subject property is described as Orange County Assessor's
parcel number 043-111-29.
(e) The existing building on the subject property contains a dri ve-
through, fast-food restaurant. Prior to the restaurant, a bank occupied the structure. The
bank had a drive-up teller window for the convenience of patrons.
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(t) The City has granted the following approvals for the property:
. Variance 94-5 for a reduction of required number of parking
spaces.
. Conditional Use Pennit 94-4 for a drive through fast food
restaurant.
(g) The surrounding land uses and zoning are as follows:
NORTH
Single Family Houses in a Residential Low
Density (RLD) Zone
WEST & EAST
Businesses including the Radisson Hotel
and the Bay City Center in a General
Commercial (C-2) zone.
SOUTH
various residential developments single
family and multiple family, in the
Residential High Density (RHD) Zone.
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(h) An appeal of the Planning Commission detennination was timely
filed in accordance with Article 29.4 of the Code of the City of Seal Beach.
Section 7. Based upon the evidence submitted at the de novo hearing,
including the facts contained in the record, including but not Iirnited to those stated in ~6
of this resolution and pursuant to ~~ 28-1400,28-2503 and 28-2504 of the City's Code,
the City Council hereby finds:
(a) As conditioned, a coffee house use is consistent with the
proVISIons of the Land Use Element of the City's General Plan, which provides a
"General Commercial" zoning designation for the subject property. The use is also
consistent with the remaining elements of the City's General Plan, as the policies of those
elements are consistent with, and reflected in, the Land Use Element. Accordingly, the
proposed use is consistent with the General Plan.
(b) The proposed drive through operation is not consistent with
surrounding residential and commercial uses. There was evidence presented at the de
novo hearing before the City Council that a drive through window to facilitate the sale of
food and beverages associated with a coffel; house, at the proposed location, will increase
traffic, create undue congestion and circulation problems, and pose a threat to the safety
of pedestrians and vehicles. In addition, nearby residents testified that drive through
operations at the site have increased noise and trash. Those residents testified that the
adverse impacts associated with drive-through operations increased when the use on the
site changcd from the bank to the restaurant. Further, evidence was presented that drive-
through operations at the proposed window will adversely impact the use and enjoyment
of adjacent residential properties.
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(c) Subject to the conditions herein, the building and property at 770
Pacific Coast Highway are adequate in size, shape, topography and location to meet the
needs of coffee house.
. ~//1~/-
Reso"!l.~t)on Number ~"JIJO
(d) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
Section 8. Based upon the foregoing, the City Council hereby approves
Conditional Use Permit 00-2, subject to the following conditions:
1.
CUP No. 00-2 is approved to change the land use of the building at 770 Pacific
Coast Highway from a fast food restaurant to a coffee house and to approve an
interior remodeling plan for the existing structure. Said use is approved in
substantial conformance with plans dated March 3 and March lO, 2000, on file in
the Department of Development Services, with the exception of the drive-through
window shown on the plans. Applicant shall submit new plans that reflect the
deletion of any drive-through window.
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2. There shall be no drive-through window operations.
3. The hours of operation for the coffee house shall be daily - 6:00 A.M. to 12:01
A.M. The last customer service shall be served at 11:45 P.M. with all patrons out
ofthe building by 12:01 A.M.
4. There shall be no interior maintenance or other business related activities between
the hours of 12:30 A.M. and 6:00 A.M. of the same day. There shall be no
exterior maintenance between the hours of 12:01 A.M. and 6:00 A.M. of the same
day.
5. All deliveries shall take place between the hours of 7:00 A.M. and 8:00 P.M.
6. The establishment shall have a public telephone listing.
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7.
All lights shall be turned off during all non-business hours. This condition may
be modified to allow limited security lighting of the parking area if determined
necessary by the Director of Development Services. In such case, all lighting
must be directed away from residences and shall be shielded to prevent glare on
neighboring residential properties.
8. During business hours, the exterior lighting in the parking area shall be kept at a
level so as to provide adequate lighting for patrons while not unreasonably
disturbing surrounding residential or commercial areas.
9. The restrooms shall remain open to the public during all business hours.
10. The area presently occupied by a play area required as a condition of Planning
Commission Resolution No. 94-29 shall not be used in any manner in conjunction
with the service or operation of the Coffee House (e.g., no seating shall be
allowed in that area). Applicant shall submit to and receive approval from the
Department of Development Services for development plans for this area, along
with exterior color/material modifications and landscaping improvements, prior to
the issuance of a building permit for the interior modifications to the existing
structure.
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11.
No video games or similar amusements shall be permitted on the premises unless
a separate conditional use permit is approved for that use.
12. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments shall remove trash
and debris on an appropriate basis so as not to cause health problems. There shall
be no dumping of trash andior glass bottles outside the establishment between the
hours of 10:00 p.m. and 7:00 a.m.
Resolution Number~I.9~t'
13. In the event staff determines security problems exist on the site, the Conditions of
this permit may be amended, under the procedures of The Code of the Citv of
Seal Beach, to require the provisions of additional security measures.
14. There shall be no live entertaimnent, amplified music, or dancing permitted at any
time.
15. The property shall be maintained graffiti free at all times.
16.
Unless otherwise indicated herein, or on the approved floor plan titled "Revised
Schematic", dated March 3, 2000, the applicant remains bound by all conditions
of approval of Variance 94-5.
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17. The applicant will prominently display these conditions of approval in a location
within the business's customer area that is acceptable to the Director of
Development Services.
18. The establishment shall comply with Chapter 13D, "Noise Control", of The Code
of the Citv of Seal Beach 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 130.
The applicant shall i~demnify, 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,
judgrnents, verdicts, court costs or attorneys' fees in any such lawsuit or action.
19.
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20. 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 Development Services, or notarized and returned to the
Planning Department.
21. A modification of this CUP shall be applied for when:
22.
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.
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The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The Code of the Citv of Seal Beach 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,
public drunkenness, vandalism, solicitation and/or litter.
23. 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
Resolution Number 4AfJ~
Department of Development Services a minimum of ninety (90) days prior to
such expiration date.
24.
The term of this permit shall be six (6) months, beginning the first day of
operation of the new restaurant. At the end of the initial term, the applicant may
apply to the City for an indefinite extension. The Planning Commission may
grant an extension as discussed above, provided that all Conditions of Approval
have been met and no significant police or other problems have occurred. The
applicant is hereby advised that a new application and accompanying fee must be
submitted to the City prior to consideration of any extensions.
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Section 9. Upon the acceptance of the entitlements conferred by this CUP 00-
2 pursuant to Condition 20, CUP 94-4 shall be superceded by this CUP 00-2, and CUP
94-4 shall become null and void.
Section 10. 'The time within which judicial review, if available, of this decision
must be sought is governed by Section 1094.6 of the California Code of Civil Procedure
and Section 1-13 of the Code of the City of Seal Beach, unless a shorter time is provided
by applicable law.
, APPROVED, AND ADOPTED by the City cou~ the City of Seal
t a meeting thereof held on the _ day of
,200 ,by the following vote:
AYES:
Councilmemb
Vd-
NOES:
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ABSENT: Councilmember
ABSTAIN:
-jJ~1 f~Jdf
MAYOR I
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of Seal Beach, Californi41! ~bY certify that the foregoing
resolution is the original copy of Resolution Number 'T. on file in the office of the
City Clerk, passed, approved, and adopted by the City Council of the .t of Seal Beach, at
a ~~~ th:~~o. held on the day of
Resolution Number I/It/()
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
r
. I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a .
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
9/7
,
Proof ot'Publication of
...............................................
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...............................................
all in the year 2000.
NOTICE OF .
. PUBLIC HEARING .
N6ncE is HEREBY GIVEN lhallhe
CiIv Councll 01 'he ClIv of Seal Beech
Wilfhold a ~IC hearing on Monday.
S~25Ih~<~7.1lO~.m n.
1he COy Councd """",,,,"". 211 ~
Street. Seal Beach. ~ cor18Ider the foI-
Iowlnglt8m: ,." '.
APPEAL OF CONDITIONAL USE
. PERMIT 00.2 OPERATION OF A _ '
COFFEElDESERT HOUSE WITH
ADRIVE THROUGH WINDOW 710
PACIFIC COAST HIGHWAY. SEAL
. BEACH.
.APPELLANTS REQUEST: Appe8l 01
"'" PI....no (;ammo...... epjlioY!lJ to
, QP.8rale a COffe/desert house With a
I drive through Window at an existing
fast.lood lJrtve Ihrou~.tauranl
-.del 770 peafIc Highway
(currenlly BUIll"' Kmg). .
ENvIRoNMENTAL REVIEW: This P"'-
o J!lclIS cat.gonacally exempt 'rom
,.t;EOAreYIew.. ..
I ,CODE SECTIONS: a:.1300: 28-1400.
2&2503: 28.2504: . . I'"
APPELLANT: Paul VOsI. .
'APPLICANT: Tom lao. T1 PlaMlI'1g ,
. (an beheIf of _'& CoIfee). .
. OWNERiL & R PrOpemes .
At the above time and pIclce all mter~':
'esled persons may be heard If so '
_ II you challenge the proposed
edJons In court, Y'l;IU may be limned 10 ,
-'O...Iy__Y!I!IOI........
:one else r8lSed at the pubhc hearing
descnbed In hs nobC8, or in wrtnen cor-
'r8sp'c!ndenee delivered to the City 01
Seil! Beach at, or prior 10, the publiC
heemg , . '. .
DATEO THIS _ <l'!YoI AugUst. 2!JOO,
Joanne Yea' .
CdyClBrk' -.' .
I ,Published In the Seal Beach Sun Jour.:
.f}8l..9f7/fYJ. . '.!..:;':, . .' . ....
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach,
this IJ day of , 2000.
44'/
Sign'if!J;
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726
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