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Home My WebLink AboutPC Res 02-05 - 2002-05-08 . RESOLUTION NUMBER 02-5 ORIC::!"L I ',-) I I " /'-\ PROPOSED RESOLUTION NUMBER 02-5, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 02-1, APPROVING AN OUTDOOR FOOD SERVICE AREA IN CONJUNCTION WITH A DESERT/COFFEE HOUSE AT 347 MAlN ST. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 3, 2002 Hank Krastman for Coffee Bean & Tca Lcaf(the "Applicant") filed an application with the Department of Devclopment Services for Conditional Use Permit 02-1. A conditional use pennit is required to allow for the provision of outdoor seating for a com~e house/desert shop at 347 Main St. Section 2. Pursuant to 14 California Code of Regulations 915305 and 911(8) of the City's Local CEQA Guidelines, staff has dctermined as follows: the application for CUP 99-10 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Califolllia Code of Regulations 9 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a propelty in excess of 20% slope or a change in land use or density; and, the proposed outdoor dining area was considered as palt of Negative Declaration 96-2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on May 8, 2002, to consider the application for Conditional Use Pennit 02-1. Section 4. The record of the hearing of May 8, 2002 indicates the following: (a) On January 3, 2002, Hank Krastman for Coffee Bcan & Tea Leaf (the "Applicant") filed an application with the Department of Developmcnt Services for Conditional Use Permit 02-1. The application was not deemed complete until March 25, 2002 due to public noticing requirements which were not met by the applicant. (b) A conditional use permit is required to allow for the provision of outdoor seating for a coffee house/desert shop business (Coffee Bean & Tea Leaf) at 347 Main St. (c) The applicant is proposing to provide a maximum of 16 outdoor seats in conjunction with a coffee shop/desert house business, on property located on the west sidc of Main St. at Pacific Coast Highway. (d) Thc proposed development is located in the Main St. Spccific Plan (MSSP) zone within an approximately 5900 square foot building at the corner of Main St. & Pacific Coast Highway. (e) Surrounding land uses and zoning are as follows: 1 Resolution #02-5 Coffee Bean & Tea Leaf North - Commercial businesses in a General Commercial (C-2) zone and residential housing in a residential low density (RLD) zone. South - A mix of service and commercial businesses in the Main St. Specific Plan (MSSP) zone. East - A mix of service and commercial businesses in the Main St. Specific Plan (MSSP) zone and residential housing in a Residential High Density (RHD) zone. West - Commercial businesses in a General Commercial (C-2) zone along Pacific Coast Highway, and residential housing in a Residential High Density (RHD) zone. (f) The proposed development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height, landscaping, and parking requirements Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: o CUP No. 02-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main St. Specific Plan" designation for the subject property and pennits outdoor food service areas subject to the issuance of a Conditional Use Pcrmit, and also requires a conditional use permit for coffee houses & desert shops which exceed 1000 square feet. The usc is also consistent with the remaining elements of the City's Gcneral 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. o Thc building and property at the subject site is adequate in size, shape, topography and location to meet the needs of the proposed use of thc property after the proposed outdoor sealing area is reduced from the original application to a size in which all scats and tables will be completely contained on the property. o The nearest homes to the requested outdoor seating area are to the southwest of the shopping center. Given the nature of the outdoor seating area and the orientation of the seating area away from the residential development and the distance to existing residential areas, the proposed outdoor seating area 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 ncighboring residential properties. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 02-1, subject to the following conditions: I. 'Conditional Use Pcrmit 02-1 at 347 Main St. is approved for an outdoor food service area located adjacent to the building, fronting Main St. 2. All tables must remain complctcly on the property located at 347 Main St. and shall not encroach into the public right of way. This includes all seating and landscaping treatments. 3. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Director of Development Services. 2 : Resolution #02-5 Coffee Bean & Tea Leaf 4. In the event staff dctcnnincs security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 5. A modification of this Conditional Use Pennit shall be applied for when: a. The establishment proposes to change the type, number or general location of the outdoor seating area. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the modc or character of operations of the establishment. 6. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acccptance of Conditions" fonn 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 (l0) calendar-day appeal period has clapsed. 7. The hours of operation shall be 6:00 AM to 11 P.M. daily. 8. In the evcnt stafl" determines security problems exist on the site, the conditions of this pennit may be amended. under the procedures ofthe Scal Beach Municipal Code. to require the provision of additional security measures. 9. The establishmcnt shall have a public telephone listing. 10. Litter and trash receptacles shall be located at convenient locations inside and 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. Therc shall be no dumping oftrash and/or glass boltles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M 11. This Conditional Use Permit shall become null and void unless exercised within one (I) 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. 12. There shall be no live entertainment, amplified music, or dancing pennitted on the premises at any time, unless specifically authorized by a conditional use pennit issued by the City and unless such uses arc consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Control 13. The proposed facility shall comply with Chapter l3D, "Noise Control", ofthe Code onhe City of Seal Beach as the regulations ofthat Chapter now exist or may hereafter be mnended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chaptcr 13D. 14. The applicant shall indemnify, dcfend 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, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the perfonnance of the use pennitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from thc granting of or the exercise of the rights pennitted by this Conditional Use Permit, and [rom any and all claims and losses occurring or resulting to any person, linn, corporation or property for damage, injury or death arising out of or 3 .' Resolution #02:5 Coffee Bean & Tea Leaf connected with thc performance ofthe use permitted hercby. Applicant's obligation to indemnify, defend and hold harmlcss the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counscl ofthe 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. 15. The term of this penmt shall be twelve (12) months. At the end ofthe initial tcrm, the applicant may apply to the City for an extension of Conditional Use Permit 02-5. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been mct and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to thc City prior to consideration ofan indefinite permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Scal Beach at a meeting thereof held on the sth day of May, 2002, by the following vote: AYES: Commissioners Hood, Cutuli, Sharp, Brown, Ladner NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners It--A David Hood, Ph.D. Chainnan oCthe Planning Commission 4