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Home My WebLink AboutPC Res 96-05 - 1996-03-20 RESOLUTION NUMBER 96-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 94-6, PERMITTING A DRIVE-THRU ESPRESSO BAR AT 941 PACIFIC COAST IDGHWAY, SEAL BEACH (THE DAILY GRIND) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 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 Servtces Through CUP 94-6, the applicant sought approval to establish a dnve-thru espresso bar Wlthm the exIstmg parlang area of the Seal Beach Center (paVIlions Center) The espresso bar WIll serves specIalty coffee dnnks (espresso, cappuccmo, cafe latte, etc ) as well as pre-prepared food Items from PaVIlions market There is no seating area On March 3, 1996 the applicants subrrutted a letter to the CIty requestmg a review and extensIOn of CUP 94-6 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 Califorma 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 m an area zoned for commercial uses, has an occupant load of30 or less, IS not bemg constructed m conJunctIon WIth four (4) or more such structures, and does not mvolve the use ofslgmficant amounts of hazardous waste, and, pursuant to ~ 15061(b)(3), because It can be seen WIth certamty that there IS no posSlbtllty that the approval may have a slgmficant effect on the enVIronment Section 3 A duly noticed public heanng was held before the Planmng ComrrusslOn on March 20, 1996 to conSIder an extensIOn of ConditIOnal Use Permit 94-6 At the public hearing the applicants spoke m favor of the request With no one speakmg m OppOSition Section 4 The record of the heanng on March 20, 1996 mdlcates the follOWIng (a) On August I, 1994, Deborah P Edwards and Susan A Cooper filed an application for Conditional Use Penmt 94-6 WIth the Department of Development SeTVIces On September 7, 1994 the Planmng CommiSSion conSidered and approved CUP 94-6 through the adoptIon of ResolutIOn No 94-39 (b) SpeCIfically, the applicants requested to establish a dnve-thru espresso bar Wlthm the existmg parkmg area of the Seal Beach Center (paVilions Center) The espresso bar serves specialty coffee dnnks (espresso, cappuccmo, cafe latte, etc ) as well as pre-prepared food Items from PaVIlions market There IS no seatmg area (c) The subject property IS located on the northerly SIde ofPacrlic Coast HIghway between Bolsa Avenue and Balboa Dnve (d) The subJect property "Seal Beach Center" IS an Irregularly shaped parcel contammg approXImately 7 49 acres WIth apprOlomately 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 nonconformmg due to madequate on-site landscapmg D \ \.CONDl'I'IONAL USE PERMmi\94G REsoL.unoN RENEwAL Be DC: Plannmg CommISSIOn ResolutIOn No 96-5 March 20, 1996 (f) In 1985, on appeal, the CIty Council granted Vanance 4-85 for an addition to and remodel of a restaurant buildmg Wltlun the Center Through Its approval the Councd established a formula for landscaping reqUirements for future constructIOn Wlthm the Center T1us formula IS discussed 10 detad later in this report (g) The proposed structure will remove SIX (6) parlang spaces from the Center's shared parking area The subJect parking lot currently has a surplus of 144 spaces (h) The surroundmg land uses and zODlng are as follows NORTH, & EAST Single famdy reSIdential uses located 10 the Residential Low DenSIty zone (RLD) SOUTH Across Pacific Coast lItghway is a mIxture of commercial uses located 10 the General Commercial zone (C-2) WEST An automobile seTVIce station and a bank located 10 the General Commercial zone (C-2) (I) The CIty has received no responses to ItS maded notice for CUP 94-6 Section 5 Based upon the facts contamed in the record, mcludmg those stated 10 ~ 4 oftlus resolution, and pursuant to ~~ 24-1300, 1303,28-2503 and 28-2504 of the City's Code. the Plannmg COmmISSIOn hereby finds as follows (a) ConditIonal Use Penmt 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 remaiDlng elements of the City's General Plan as the po!tcles of those elements are consistent With, and reflected 10, the Land Use Element Accordmgly, the proposed use is consistent With the General Plan (b) With the PlanDlng COmmIssion's conditIOns ofapproval1O place, the use of the property as a dnve-thru espresso bar WIll be compatIble WIth surroundmg uses and WIll not be detnmental to the surroundmg neighborhood SpeCifically, the conditions address such Items as litter, hours of operatIon, landscapmg and parlang (c) The style, height and bulk of the proposed structure IS consistent WIth surroundmg reSIdential and commercial uses (d) The proposed buddmg and property at 981 Pacific Coast Highway Will be adequate 10 SIZe, shape, topography and locatIOn to meet the needs of the proposed use of the property (e) Required adherence to app!tcable buddmg and fire codes wdl ensure there WIll be adequate water supply and utl!ttles for the proposed use SectIon 6 Based upon the foregomg, the Planmng COmmIssion hereby approves CondItIonal Use Permit 94-6, subJect to the following conditIOns 1 ConditIOnal Use Penmt 94-6 IS approved to a drive-thru espresso bar Wlthm the parkmg area of the Seal Beach Center located at 981 Pacific Coast Highway, Seal Beach 2 There shall be no food items prepared on site No food Items shall be sold 10 a manner wluch IS consIstent WIth the CIty's defimtlon of a Dnve-In Restaurant, speCifically defined 10 ~28-225 as "Dnve-In Restaurant" means a retad food service estab!tshment 10 wluch all, or a Page 2 0\ \COMJl1'lONAL.USE PERMns\946 RE8OLUTION RENEwAL Be Be Plannmg CommISSion Resolution No 96-5 March 20,1996 portion of, the food Service IS to customers remammg m theIr automobtles, whIle on the premises, or m whIch dnve-in or walk-up customers may park on or walk on to the premJses This definition includes "dnve-through" restaurants 3 The dnve lUsles shall be mamtamed at a width often (10') feet 4 The apphcants shall mamtam three (3') foot Wide, Imgated landscapmg stnps along the outSIde of both of the proposed drive lUsles The landscapmg stnps shall be separated from the dnve lUsles and the parking spaces WIth a SIX (6") concrete curb ThIs conditIOn shall be subJect to the review and approval ofthe Director of Development SeTVIces 5 The hours of operation shall be from 6 00 A M to 10 00 P M 6 A modificatIon of thIs Conditional Use Permit shall be obtlUned when (a) The establtshment proposes to moddy any of ItS current conditions of approval (b) There IS a substantIal change m the mode or character of operatIOns of the estabbshment 7 The Planmng Cormmsslon reserves the nght to revoke or modify thiS ConditIOnal Use Permit Ifany 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 10 the manner specified m Article 25, of Chapter 28 of the Code of the CltV of Seal Beach 8 ThIs Conditional Use Pernut shall not become effectIve for any purpose unless an "Acceptance of CondItions" form has been signed by the appbcant m the presence of the Drrector of Development SeTVIces, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng CommJsslon of the City of Seal Beach at a meetmg thereof held on the 20th day of March, 1996 by the follOWIng vote AYES CommissIOners Brown. CamDbell. Dahlman. Law. Sham NOES Commissioners ABSENT CormmsslOners ee WhIttenberg, Secretary Planmng Commission ~~ill'{~ Planmng CommissIon <' Page 3 D'\ \CoNDITIONAL USE PERMT8\946 RESoI..1mON REWEWAL Be BC