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HomeMy WebLinkAboutPC Res 94-39 - 1994-09-07 RESOLUTION NUMBER 94-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 94-6, PERMITTING THE ESTABLISHMENT OF A DRIVE-THRU ESPRESSO BAR AT 941 PACIFIC COAST HIGHWAY, SEAL BEACH (THE DAILY GRIND) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn I On August I, 1994, Deborah P Edwards and Susan A Cooper ("the ApplIcants") filed an applIcation for CUP 94-6 With the Department of Development Services Through CUP 94-6, the applIcant seeks approval to estabhsh a dnve-thru espresso bar Wltlun the exIsting parking area of the Seal Beach Center (pavIlIOns Center) The proposed espresso bar Will serve specialty coffee dnnks (espresso, cappUCCinO, cafe latte, etc ) as well as pre-prepared food Items from PaVIlIons market There will be no seating area Section 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II B of the CIty's Local CEQA GUidelInes, staff has determined as follows The applIcation for CondItIOnal Use Permit 94-6 IS categoncally exempt from reVIew pursuant to the Cahforma EnVironmental Quality Act pursuant to 14 CalIf Code of Regs ~ 15303 (New ConstructIOn or ConversIOn of Small Structures), because It Involves the construction ofa small commercial structure In an area zoned for commercial uses, has an occupant load of30 or less, IS not being constructed In conJunctIOn With four (4) or more such structures, and does not Involve the use ofslgmfieant amounts of hazardous waste, and, pursuant to ~ 1506 I (b)(3), because It can be seen With certainty that there IS no pOSSIbIlIty that the approval may have a slgmficant effect on the environment SectIon 3 A duly noticed publIc heanng was held before the Planning ComrmsslOn on September 7, 1994 to conSider the applIcatIOn for Conditional Use Permit 94-6 At the publIc heanng the applIcants and their agent spoke In favor of the request With one person spoke In OppOSition Section 4 The record of the hearing on September 7, 1994 indicates the follOWing (a) On August I, 1994, Deborah P Edwards and Susan A Cooper filed an apphcatlOn for Conditional Use Permit 94-6 With the Department of Development Services (b) SpeCifically, the applIcants are requesting to estabhsh a dnve-thru espresso bar Within the eXisting parking area of the Seal Beach Center (pavlhons Center) The proposed espresso bar Will serve specialty coffee drinks (espresso, cappUCCinO, cafe latte, etc ) as well as pre-prepared food Items from PaVlhons market There Will be no seating area (c) The subJect property IS located on the northerly Side of Pacific Coast Highway between Bolsa Avenue and Balboa Dnve (d) The subJect property "Seal Beach Center" IS an megulally shaped parcel eontaImng approXimately 7 49 acres WIth approximately 650 feet of frontage on PaCific Coast HIghway, 826 feet of frontage Bolsa Avenue and 605 feet of frontage on Balboa Dnve (e) The subJect property IS nonconforming due to Inadequate on-site landscaping 10\ 1CUPf.!... 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Plannmg CommlMlon Re^olutlOn No 94-39 September 7, 1994 (f) In 1985, on appeal, the City CouncIl granted Vanance 4-85 for an addltton to and remodel ofa restaurant building WIthin the Center Through Its approval the CouncIl established a formula for landscaping reqUIrements for future constructIOn within the Center This formula IS discussed In detail later In this report (g) The proposed structure WIll remove SIX (6) parking spaces from the Center's shared parking area The subJect parking lot currently has a surplus of 144 spaces (h) The surrounding land uses and zOning are as follows NORTH, & EAST Single family residential uses located In the ResidentIal Low DenSity zone (RLD) SOUTH Across Pacific Coast HIghway IS a mixture of commercial uses located In the General Commercial zone (C-2) WEST An automobile service statton and a bank located In the General Commercial zone (C-2) (I) The CIty received three (3) written responses to ItS maIled nottce for CUP 94-6, two (2) In support and one (1) In oppOSItion Section 5 Based upon the facts contained In the record, including those stated In ~ 4 of thIs resolutIOn, and pursuant to ~~ 24-1300, 1303,28-2503 and 28-2504 of the City's Code. the PlannIng CommIssion hereby finds as follows (a) Conditional Use Permit 94-6 IS consistent WIth the proVIsions of the Land Use Element of the CIty's General Plan which permits service commercial uses of 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) WIth the Planmng Commission's eondlttons of approval In place, the proposed use of the property as a dnve-thru espresso bar wIll be compatIble WIth surrounding uses and WIll not be detnmental to the surrounding neighborhood Specifically, the condlttons address such ttems as htter, hours of operatIOn, landscaping and parking (c) The style, height and bulk of the proposed structure IS consIstent WIth surrounding reSidentIal and commercial uses (d) The proposed bUIlding and property at 941 PaCific Coast Highway WIll be adequate In Size, shape, topography and location to meet the needs of the proposed use of the property (e) ReqUIred adherence to apphcable bUIlding and fire codes WIll ensure there WIll be adequate water supply and utthtles for the proposed use Section 6 Based upon the foregOing, the Planning Commission hereby approves ConditIOnal Use PermIt 94-6, subJect to the follOWing conditions I Conditional Use Permit 94-6 IS approved to a dnve-thru espresso bar WIthin the parking area of the Seal Beach Center located at 941 PaCific Coast Highway, Seal Beach 2 The term of this permit shall be twelve (12) months At the end of the initial term, the applicant may apply for an extension of CUP 94-6 The Commission may grant an indefinite extension proVIded that all condlttons of approval have been met and no extraordinary demand for law enforcement selVlces occurs WIth respect to the subJect Page 2 1" 1ClJP1R... 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PlanmnK COImm.slOn ResolutIOn No 94-39 September 7, 1994 . property, or other slgmficant problems associated with the dnve-thru use anse The apphcant IS hereby advised that a new apphcatlon and accompanymg fee must be submItted to the CIty pnor to consIderation of an Indefimte permit 3 There shall be no food Items prepared at the subJect site, or sold In a manner to be consumed on the subJect site 4 The proposed dnve aisles shall be Increased In width to ten (10') feet 5 The apphcants shall Install and maintain three (3') foot WIde, Imgated landscaping stnps along the outside of both of the proposed dnve lIIsles The landscaping stnps shall be separated from the dnve aIsles and the parking spaces with a SIX (6") concrete curb This conditIOn shall be subJect to the reVIew and approval of the DIrector of Development Services 6 The apphcant shall submit a refuse disposal plan to the Director of Development Services for reVIew and approval pnor to the Issuance of bUIlding permIts 7 The penmtted hours of operatIOn shall be from 6 00 A M to 10 00 P M 8 AJI construction shall be In substantial eomphance with the plans approved through CondItional Use Permit 94-6 9 A modification of thIs Conditional Use Permit shall be obtained when (a) The estabhshment 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 estabhshment 10 The Planmng Commtsslon reserves the nght to revoke or modifY tills Conditional Use PermIt If any VIolatIOn of the approved condItions occurs, 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 of the CIty of Seal Beach II This CondItional Use Permit shall not become effectIve for any purpose unless an "Acceptance of Conditions" form has been sIgned by the apphcant In the presence of the Director of Development Services, or notanzed and returned to the Planmng Department, and unttl the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meeting thereof held on the 7th day of September, 1994 by the follOWIng vote AYES COmmissioners Brown. Campbell. Dahlman. Law. Sham NOES CommiSSIoners ABSTAIN CommISSioners --- t:Z:U/-- Anton Dahlman, Chairman Planmng CommiSSIon 6e Whittenberg, Secretary Planmng CommiSSIon Page 3 1=\ ICUPIR... ace..