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Home My WebLink AboutPC Res 05-66 - 2005-12-07 RESOLUTION NO. 05-66 Oh rr'IClfiJ IV4( ... A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-13 FOR A NEW DRIVE-THROUGH COFFEE SHOP WITH OUTDOOR SEATING AND 5:00 AM OPENING TIME AT 981 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Daily Grind coffee shop is proposed to be approximately 800 square feet with a 150 square foot outdoor patio and drive-through lane 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 December 7, 2005 to consider Conditional Use Permit 05-13 for a drive- through coffee shop with outdoor dining and 5 :00 a.m. opening time at 981 Pacific Coast Highway. Section 6. The Planning Commission received into evidence the Staff Report of December 7, 2005, along with all attachments thereto, and considered all public testimony presented. Z \My Documents\RESO\CUP 05-13 DAILY GRIND 981 PCH PC RESO doc\LW\12-09-05 Plannmg Commission ResolutIOn 05-66 ConditIOnal Use Permit 05-13 981 Pacific Coast Highway (Dally Grind) December 7, 2005 Section 7. The Planning Commission made the following findings regarding Conditional Use Pennit 05-13 and determined the proposed project is consistent with the General Plan: (a) Conditional Use Permit No. 05-13 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 shop with outdoor dining 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 901 - 1101 Pacific Coast Highway are 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 shop with outdoor dining and 5 :00 a.m. daily opening time, if properly 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 RESOL VED, that based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 05-13, subject to the following conditions: 1. Conditional Use Permit 05-13 is approved for a new coffee shop. The permitted use allows a drive-through lane, 150 square foot outdoor dining area, and daily opening hour of 5:00 a.m. 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 location within the business's customer area that is acceptable to the Director of Development Services. CUP 05-13 DAILY GRIND 98] PCH PC RESO 2 Planning CommissIOn Resolution 05-66 ConditIOnal Use Permit 05-13 98I Pacific Coast Highway (Dally Grind) December 7, 2005 8. The establishment shall have a public telephone listing. 9. A modification of this 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. Pursuant to the City's Noise Ordinance, the construction contractor shall ensure that general construction activities (which includes construction vehicle staging and idling engines) be conducted only between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, between 8:00 a.m. and 8:00 p.m. on Saturday and do not take place at any time on Sunday or local, State or Federal holidays. For demolition activities the hours will be from 7:00 a.m. to 6:00 p.m. Monday through Friday, and from 8:00 a.m. to 6:00 p.m. on Saturday, with no demolition activity permitted on Sunday or local, State or Federal holidays. 13. 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. 14. The Planning Commission reserves the right to revoke or modify this 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. 15. 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. 16. 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 CUP 05-13 DAILY GRIND 981 PCH PC RESO 3 Planning CommissIOn ResolutIOn 05-66 ConditIOnal Use Permit 05-13 98I Pacific Coast Highway (Dar/y Grind) December 7, 2005 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. 17. 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. 18. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new coffee shop. At the end of the initial term, the applicant may apply to the City Planning Commission for an Indefinite Extension of CUP 05-13. The Planning Commission may grant an extension as discussed above, provided that all Conditions of Approval have been met 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 the City prior to consideration of any extensions. 19. 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, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of 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, injury 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of December, 2005, by the following vote: CUP 05-13 DAILY GRIND 981 PCH PC RESO 4 AYES: Commissioners NOES: Commissioners Planning CommiSSIOn Resolution 05-66 ConditIOnal Use Permlf 05-13 98I Pacific Coast Highway (Dazly Grind) December 7, 2005 Deaton, O'Malley, Roberts and Shanks ABSENT: Commissioners Ladner ABSTAIN: Commissioners ~6.~ Planning Commission ~It/~ ~ ittenberg, Secretary Planning Commission CUP 05-13 DAILY GRIND 981 PCH PC RESO 5