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HomeMy WebLinkAboutPC Res 26-04 2026-04-06 RESOLUTION NO. 26-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 26-0002 TO ALLOW THE OPERATION OF A 1 ,150 SQUARE FOOT COFFEE & DESSERT SHOP WITH MORE THAN 10 SEATS INCLUDING OUTDOOR DINING AT 226 MAIN STREET IN THE MAIN STREET SPECIFIC PLAN (MSSP) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 . Georges Hoebrechts ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 26-0002. The proposed project would allow for the operation of a 1,500 square foot coffee house and dessert shop business with outdoor dining at an existing commercial building as 226 Main Street (the "subject property"), which is located in the Main Street Specific Plan (MSSP) Zone. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the operation of a coffee house and dessert shop use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. Section 3. A duly noticed public hearing was held before the Planning Commission on April 6, 2026, to consider Minor Use Permit 26-0002. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 26-0002 for a proposed coffee house and dessert shop with outdoor seating at 226 Main Street in the Main Street Specific Plan (MSSP) area. B. The subject property is within an existing commercial building located on the east side of Main Street and between Electric Avenue and Central Avenue. The subject property is a rectangular shaped parcel measuring approximately 62.5 feet in width and 117.5 feet depth, 7,405 square feet. C. The parcel is developed with a commercial building consisting of three units. The subject unit has a 1 ,150 square foot tenant space and is currently vacant The other two uses on site are retail commercial uses. D. The subject property is located in the Main Street Specific Plan (MSSP) zone and is adjacent to commercial and open space areas in the north, commercial uses in the south and west, and residential uses to the east and west. -1 of 4- Resolution No.26-04 226 Main Street E. The Seal Beach Municipal Code (SBMC) Section 11.2.10.010 (Land Use Regulations) requires the approval of a Minor Use Permit to allow the operation of a coffee house and desert shop business use in the Main Street Specific Plan (MSSP) zoning area. F. SBMC Section 11.4.05.090.D (Outdoor Dining, Display, and Sales Standards) and the Main Street Outdoor Use Program allows the permitting of outdoor dining. The outdoor dining shall be limited and comply with the Main Street Outdoor Use Program's development standards. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20.020 (Required Findings) of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposal is consistent with the general plan and with any other applicable plan adopted by the city council. The proposed use is consistent with the General Plan and the Main Street Specific Plan. The General Plan Land Use Element identifies Main Street as the focal point of downtown Seal Beach with a mix of pedestrian- oriented uses, surrounded by an area of mixed housing types and institutions. The Land Use section of the MSSP states that "the commercial uses are the key to the area's special character". It emphasizes the importance of "mix of uses in close proximity to one another" to create and retain its small-town character. The proposed coffee house and dessert shop business will provide commercial services that will serve both the residential community of Seal Beach and visitors. Additionally, the proposed use will add a variation to the surrounding retail used and be consistent with common use patterns in its vicinity while maintaining a customer service use. B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the municipal code. The proposed use is allowed within the Main Street Specific Plan (MSSP) zone subject to approval of a Minor Use Permit and complies with all other applicable provisions of the Municipal Code. The General Plan Land Use Map designates the subject property as Commercial Service. C. The 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 site is physically adequate for the type, density and intensity of use being proposed. The proposed business will occupy an existing vacant commercial unit. The change of use will only require minor interior and exterior modifications. Additionally, the site contains adequate parking for the proposed coffee house and dessert shop.. D. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding areas.The location, size, design, and operating characteristics of the -2 of 5- Resolution No.26-04 226 Main Street proposed use would be compatible with the existing surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed coffee house and dessert shop use compliments the existing commercial uses and will not disrupt the existing character of Main Street. The hours of operation are proposed at 8:00 A.M. to 9:00 P.M., but may vary anywhere from 7:00 A.M to 10:00 P.M., as business needs dictate. E. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. The establishment of the proposed use will only consist to minor interior and exterior alterations would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed interior alterations will require a minimal period of construction to create a service counter, electrical upgrades and plumbing connections. Sufficient conditions have been imposed 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 area. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 26-0002 to allow for the operation of a coffee house and dessert shop use with outdoor dining located at 226 Main Street, subject to the following conditions: 1 . Minor Use Permit 26-0002 is approved for the operation of a coffee house and dessert shop with outdoor dining at 226 Main Street. 2. The hours of operation shall be limited to 7:00 A.M. to 10:00 P.M., Daily. 3. The applicant shall obtain a City of Seal Beach business license, as well as any applicable State and/or County health permits or operating permits prior to commencing business. 4. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 5. There shall be no disposal of glass bottles or other trash outside the establishment between the hours of 10:00 P.M. and 7:00 A.M.; and all trash shall be disposed of in closed waste disposal bins. 6. Outdoor dining, approved by this MUP, shall be limited to a maximum of two tables and four chairs and shall be located entirely within the private property portion of the sidewalk area, while maintaining eight feet of unobstructed sidewalk, consistent with the approved architectural drawings for this MUP. 7. Any outdoor seating located in the public right-of-way of the sidewalk, such as the bench shown on the architectural plans, must be approved separately through the Main Street Outdoor Use Program. 8. All outdoor dining areas shall include some landscaping such as planter boxes. Planter boxes may be constructed of wood, ceramics, stone, or metal. -3 of 5- Resolution No.26-04 226 Main Street 9. The outdoor dining area shall be cleaned on a continual basis for removal of litter and food items that constitute a nuisance to public health and safety. 10. The proposed window counter service shall not obstruct pedestrian path of travel or vehicular flow. 11 . The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 12. Signs and other advertising on the exterior of the premises shall require review by the Community Development Department and shall be compatible with the character of the area to the satisfaction of the Community Development Director. 13. The Planning Commission reserves the right to revoke or modify this MUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. 14. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 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. Any modification to this MUP shall require review and approval by the Planning Commission if the establishment proposes to modify any of its current Conditions of Approval, or if there is a substantial change in the mode or character of operations of the establishment. 19. 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 Community Development Director pursuant to a written request for extension submitted to the Community Development Department at least thirty days prior to such expiration date. -4 of 5- Resolution No.26-04 226 Main Street 20.The applicant must indemnify, defend, and hold harmless the City, its 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 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of April 2026, by the following vote: AYES: Commissioners CAMPBELL, NOLTA, PERRELL, MINGIONE, WHEELER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 1/4 ) L Margo Wheel A Chairperson ATTEST: Shaun Temple Planning Commission Secretary -5 of 5-