The URL can be used to link to this page

Home My WebLink AboutPC Res 08-26 - 2008-10-08 RESOLUTION NO. 08-26 OR/G/1V41. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 05-13, FOR A DRIVE-THROUGH SERVICE WINDOW, OUTDOOR SEATING AREA, AND OPERATING HOURS STARTING AT 5:00 A.M. DAILY FOR A COFFEE BAR AT 981 PACIFIC COAST HIGHWAY, SEAL BEACH (DAILY GRIND). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Daily Grind coffee bar is proposed to be approximately 800 square feet with an approximately 150 square foot outdoor seating area and drive-through window in the Seal Beach Center at 981 Pacific Coast Highway, Seal Beach. Section 2. The City's environmental consultant has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 05-5 ended on November 14, 2005. The environmental consultant has prepared a "Response to Comments" document that addresses all issues raised during the public comment period have been evaluated and has determined no significant impacts have been raised. Section 3. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway. Section 4. On December 7, 2005, the Planning Commission adopted Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway through Resolution 05-67. Section 5. A duly noticed public hearing was held by the Planning Commission on October 8, 2008 to consider the Indefinite Extension of Conditional Use Permit 05-13 for a coffee bar with a drive-through window, outdoor seating area, and 5:00 a.m. opening time at 981 Pacific Coast Highway. Section 6. The Planning Commission received into evidence the Staff Report of October 8, 2008, along with all attachments thereto, and considered all public testimony presented. 10f4 Planning Commission Resolution No. 08-26 Conditional Use Permit 05-/3 (Indefinite Extension) 98/ Pacific Coast Highway (Daily Grind) October 8, 2008 Section 7. The Planning Commission made the following findings regarding Conditional Use Permit 05-13 (fudefinite Extension) and determined the proposed project is consistent with the General Plan: (a) Conditional Use Permit No. 05-13 (Indefinite Extension) is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits a drive-through coffee bar with outdoor seating and 5:00 a.m. daily opening time, subject to the issuance of a Conditional Use Permit. 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 building and property at 981 Pacific Coast Highway is adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (c) The drive-through coffee bar with outdoor seating and 5:00 a.m. daily opening time, ifproperly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate any negative impacts to neighboring residential properties. NOW, THEREFORE BE IT RESOLVED, that based upon the foregoing the Planning Commission hereby approves Conditional Use Permit 05-13 (fudefinite Extension), subject to the following conditions: 1. Conditional Use Permit 05-13 (Indefinite Extension) is approved for an existing coffee bar. The permitted use allows a drive-through service window, an approximately 150 square foot outdoor seating area, and operating hours starting at 5:00 a.m. daily. 2. All construction shall be in substantial conformance to the plans approved by Planning Commission for Conditional Use Permit 05-13. 3. There shall be no outdoor speaker system permitted. 4. The drive through lane shall be a minimum often feet wide. 5. The hours of operation shall be: 5:00 a.m. to 10:00 p.m. daily. 6. No video games or similar amusements shall be permitted on the premises. 7. The applicant shall prominently display these conditions of approval in a conspicuous location that is acceptable to the Director of Development Services. 8. The establishment shall have a public telephone listing. 20f4 Planning Commission Resolution No. 08-26 Conditional Use Permit 05-13 (Indefinite Extension) 981 Pacific Coast Highway (Daily Grind) October 8, 2008 9. A modification ofthis Conditional Use Permit shall be obtained when: a) The establishment proposes to modify any conditions of approval. b) There is a substantial change in the mode or character of operations of the establishment. 10. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and the operator of the establishment shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 11. The project shall comply with all mitigation measures as adopted by Planning Commission Resolution 05-67 (Mitigated Negative Declaration 05-5). 12. The establishment shall comply with Section 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 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. 13. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the Code of the City of Seal Beach occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code ofthe City of Seal Beach. 14. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code, to require the provision of additional security measures. 15. This Conditional Use Permit 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 Department of Development Services a minimum of ninety (90) days prior to such expiration date. 16. This Conditional Use Permit shall not become effective for any purpose unless an "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; and until the ten (10) day appeal period has elapsed. 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, fi rms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of 30f4 Planning Commission Resolution No. 08-26 Conditional Use Permit 05-13 (Indefinite Extension) 981 Pacific Coast Highway (Daily Grind) October 8, 2008 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, inj ury 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 these conditions may result 111 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 8th day of October 2008 by the following vote: AYES: Commissioners Deaton, Delay, Massa-lavitt, and Eager NOES: Commissioners None ABSENT: Commissioners Bello ABSTAIN: Commissioners None rLu~~ ./ Ellery Deaton Chairperson, Planning Commission Lee itt nberg Secretary, Planning Commission ***** 40f4