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HomeMy WebLinkAboutPC Res 23-06 - 2023-05-01RESOLUTION NO. 23-06 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 23-02 TO ALLOW AN OUTDOOR DINING AND SEATING AREA IN CONJUNCTION WITH THE OPERATION OF AN EXISTING COFFEE HOUSE/DESERT SHOP AT 101 MAIN STREET, SUITE N, WITHIN THE MAIN STREET SPECIFIC PLAN AREA (MSSP) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On February 2, 2023, Joseph Kirolos/Marina Cafe submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 23-02 to allow an outdoor dining and seating area by allowing sidewalk seating in front of the establishment premises at an existing coffee house/desert shop located at 101 Main Street, Suite N (the "subject property"), which is located in the Main Street Specific Plan (MSSP) Zone. Section 2. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15301 (Existing Facility) of the State CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on April 3, 2023, to consider the application for MUP 23-02. Following presentation of the staff report, oral testimony and deliberation at the April 3, 2023, public hearing, the Commission continued the public hearing to May 1, 2023 to allow the applicant time to modify the project to address issues raised. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject property is located on the northwest corner of Main Street and Ocean Avenue. The subject site consists of a 10,890 square -foot parcel with an existing 7,2020 square foot commercial structure and is occupied by various tenants. The subject site is surrounded by commercial uses to the north and east, with residential uses to the west across the alley, and the beach to the south. B. The subject site is located in the Main Street Specific Plan (MSSP) area. The subject applicant is located in Suite N and operates a 600 square foot coffee house/desert shop business. C. Pursuant to Seal Beach Municipal Code Section 11.4.05.090(D), an MUP is required for all outdoor dining and seating areas where the proposed seating does not exceed 12 seats. The proposed outdoor dining and seating area is for 6 seats. Page 1 of 4 Resolution No. 23-06 101 Main Street, Suite N Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed exterior alterations are consistent with the General Plan. The General Plan specifies that the Commercial Service Land Uses encourage commercial centers to provide a broad range of retail and service needs for the community. With the addition of the outdoor dining and seating areas to the commercial building, the site can expand its services and attract a wider range of residents. B. The proposed use and alterations comply with applicable provisions of the Municipal Code and the Main Street Specific Plan. The Municipal Code and the Main Street Specific Plan allow for outdoor seating and dining areas with approval of an MUP. C. The subject site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The coffee house/desert shop with outdoor dining and seating does not require alterations to the exterior of the building. The coffee house/desert shop will be required to provide one additional parking space. The coffee house/desert shop has two assigned parking spaces. The additional parking required will be offset through participation in the Main Street In -Lieu Parking Program. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect those uses or properties in the surrounding areas. The existing building complies with the height, setback and parking requirements of the Main Street Specific Plan area and conditions have been imposed to ensure the use will not be detrimental to the surrounding area. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. This MUP for the proposed installation and use includes sufficient conditions to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the Main Street area, which consists of a mix of retail and restaurant uses. Section 5. Based upon the foregoing, the Planning Commission hereby approves MUP 23-02 to permit to allow the installation of an outdoor dining and seating area in conjunction with an existing coffee house/desert shop within an existing commercial restaurant building, at 101 Main Street, Suite N, subject to the following conditions. Minor Use Permit 23-02 is approved to allow the installation of an outdoor dining and seating area in conjunction with an existing coffee house/desert shop for a combined dining/seating area of 84 square feet, located at 101 Main Street, Suite N, and is issued to the Marina Cafe. Page 2 of 5 Resolution No. 23-06 101 Main Street, Suite N 2. The premises of the coffee house/desert shop with outdoor dining and seating areas must be in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department, including but not limited to, provision of two wheelchair accessible spaces at the second adjoining dining/seating area that is proposed as a low table in the outdoor dining and seating area. Approval is for a total of six seats as indicated on the plan dated April 21, 2023. 3. A minimum distance of three feet two inches shall be maintained between the tables, tree wells and benches in order to maintain sufficient access from the sidewalk aisle, dining/seating area, and street parking. 4. A minimum distance of 71 inches shall be maintained between the building and the outdoor seating area for continued use as the sidewalk aisle for pedestrians. 5. A demarcation line or visual cue in the form of a floor marking shall be maintained to the satisfaction of the Community Development Department and Public Works Department, which indicates the separation between the outdoor seating area and the sidewalk aisle. 6. The applicant shall be responsible for ensuring the sidewalk aisle between the coffee house/desert shop and the designated outdoor seating area is maintained free of obstructions, including, but not limited to seats, a -frame signs, and customers congregating. 7. The hours of operation shall not exceed 7:00 AM to 9:00 PM seven days a week 8. Any proposed alterations or upgrades to the coffee house/desert shop and outdoor dining and seating area will require review and approval from the City of Seal Beach Planning Division. 9. A modification of this MUP must 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. 10. The Planning Commission reserves the right to revoke or modify this MUP if any harm or operational problems occur, or for any violation of the approved conditions or violations of the Code of the City of Seal Beach occurs. 11. The applicant is required to obtain from the City of Seal Beach Department of Public Works the following: a. An encroachment permit. b. Property owner to enter into and record a non-standard encroachment agreement which will include provisions for the installation and removal of the bar table, and restoration of the right of way following removal. 12. Litter and trash receptacles shall be located at convenient locations inside/outside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. Page 3 of 5 Resolution No. 23-06 101 Main Street, Suite N 13. The project proponent shall pay the required in -lieu parking fee of $3,500.00, in accordance with the provisions of the Main Street In -Lieu Parking Program (Seal Beach Municipal Code Section 11.4.20.020(D), prior to issuance of the certificate of occupancy for said outdoor dining and seating area. The Planning Commission reserves the right to revoke this MUP if the applicant does not remain in good standing in the Main Street In -Lieu Parking Program. 14. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this MUP approval. 15. This MUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 16. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction, or demolition. 17. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 18. This MUP shall become null and void unless exercised within one 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 at least ninety days prior to such expiration date. 19. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) 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 Minor 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, baa ing all fees and costs incurred by legal counsel of the City's cibdein representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on May 1, 2023, by the following vote: Page 4 of 5 Resolution No. 23-06 101 Main Street, Suite N AYES: Commissioners Wheeler, Massetti, Mingione, Coles, Campbell NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST Alexa Smittle Planning Commission Secretary 4&& _ zwwdw n�. � 7 Chairperson Page 5 of 5