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HomeMy WebLinkAboutPC Res 04-26 - 2004-05-05 RESOLUTION NUMBER 04-26 O~/6'/, 1114 ( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 02-1 (INDEFINITE EXTENSION), APPROVING THE CONTINUED USE OF AN EXISTING OUTDOOR FOOD SERVICE AREA IN CONJUNCTION WITH AN EXISTING DESERT/COFFEE HOUSE AT 347 MAIN ST. (COFFEE BEAN & TEA LEAF) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 7, 2004 Paul Goldberg for Coffee Bean & Tea Leaf (the "Applicant") filed an application with the Department of Development Services for ConditIOnal Use Permit 02-1 (Indefinite Extension). A conditional use permit is required to continue to allow outdoor seatmg for a coffee house/desert shop at 347 Main St (Coffee Bean & Tea Leaf). Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and ~II(B) of the City's Local CEQA GUIdehnes, staff has determmed as follows: the application for CUP 02-1 (Indefimte Extension) for the proposed interior remodeling is categorIcally exempt from review pursuant to the Cahfornia EnvIronmental Quality Act pursuant to 14 Cahfornia Code of Regulations ~ 15305 (Minor Alterations 10 Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density; and, the proposed outdoor dining area was considered as part of Negative Declaration 96-2, evaluatmg the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was scheduled before the Plannmg Commission on May 5, 2004, to consider the application for Conditional Use PermIt 02-1 (Indefinite Extension). Section 4. The record of the hearing of May 5,2004 indicates the followmg: (a) On April 7, 2004, Paul Goldberg for Coffee Bean & Tea Leaf (the "Applicant") filed an apphcatIon with the Department of Development Services for Conditional Use Permit 02-1 (Indefinite Extension). (b) A conditional use permIt IS required to contmue to utIhze outdoor seating for an existing coffee house/desert shop business (Coffee Bean & Tea Leaf) at 347 Main St. (c) The applicant is proposing to continue to provide a maximum of 10 outdoor seats in conjunction with a coffee shop/desert house business, on property located on the west side of Main St. at Pacific Coast Highway. (d) The proposed development is located in the Main St. SpeCIfic 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: North - Commercial businesses in a General CommerCIal (C-2) zone and residential housing 10 a resIdential low density (RLD) zone. South - A mix of service and commercial busmesses 10 the MalO St. Specific Plan (MSSP) zone. Page 1 of4 Planmng CommISSIOn ResolutIOn No 04-26 CondItIOnal Use PermIt 02-1 Coffee Bean & Tea Leaf 347 Mam Street May 5, 2004 East - A mix of service and commercial businesses in the Main St. Specific Plan (MSSP) zone and resIdential housing m a Residential High Density (RHD) zone. West - Commercial busmesses m a General Commercial (C-2) zone along Pacific Coast HIghway, and residential housing in a Residential High Density (RHD) zone. (f) The existing building and business complIes with all City standards regarding mImmum lot SIze, buildmg setbacks, lot coverage, building heIght, landscapmg, 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 followmg findings: a CUP No. 02-1 (Indefinite ExtensIOn) 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 permits outdoor food service areas subject to the issuance of a Conditional Use Permit, and also requires a conditional use permit for coffee houses & desert shops which exceed 1000 square feet. 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. Accordmgly, the proposed use is conSIstent WIth the General Plan. a The building and property at the subject sIte is adequate in SIze, shape, topography and location to meet the needs of the proposed use of the property after the proposed outdoor seatmg area is reduced from the onginal application to a size in which all seats and tables wIll be completely contained on the property. a The nearest homes to the requested outdoor seating area are to the southwest of the shoppmg 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 surroundmg 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. SectIOn 6. Based upon the foregomg, the Planning Commission hereby approves Conditional Use Permit 02-1 (Indefimte ExtensIOn), subject to the following conditions: 1. Conditional Use Permit 02-1 (Indefimte Extension) at 347 Main St. is approved for an outdoor food service area, with a maxImum of 10 outdoor seats at 5 separate 2-person tables located adjacent to the building, fronting Main St. 2. All tables must remain completely on the property located at 347 Main St. and shall not encroach mto the public nght of way. This includes all seatmg 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. 4. In the event staff determines 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 Permit shall be applied for when: a. The establishment proposes to change the type, number or general location of the outdoor seating area. Page 2 of4 Planning CommIssion ResolutIOn No 04-26 Condztwnal Use Permzt 02-1 Coffee Bean & Tea Leaf 347 Mam Street May 5, 2004 b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the estab lishment. 6. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notanzed and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 7. The hours ofoperatlon shall be 6:00 AM to 11 P.M. daily. 8. In the event staff determmes security problems exist on the site, the conditions of this permit may be amended, under the procedures ofthe Seal Beach Municipal Code, to require the prOVision of additional security measures. 9. The establishment shall have a public telephone hstmg. 10. Litter and trash receptacles shall be located at convenient locations mSIde 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. 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. 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. 12. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit issued by the City and unless such uses are conSIstent with the license condItions imposed by the State of California Department of Alcoholic Beverage Control 13. The proposed faCility shall comply with Chapter 13D, "Noise Control", of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be receIved regarding noises generated by the facihty, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the apphcant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 14. 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 resultmg to any and all persons, firms, or corporations furnishmg or supplying work, services, matenals, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herem, 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 ansing out of or connected with the performance ofthe use permitted hereby. Applicant's obligation to mdemnify, defend and hold harmless the City as stated herein shall include, but not be hmited to, paying all fees and costs incurred by legal counsel of the City's choice 10 representmg 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 meetmg thereof held on the 5th day of May 2004 by the following vote: Page 3 of4 Plannmg CommIssion ResolutIOn No 04-26 CondItIOnal Use Permlt 02-1 Coffee Bean & Tea Leaf 347 Main Street May 5, 2004 AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None ()v [ Mac Cummins, AICP Secretary Planning CommIssion Page 4 of 4