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HomeMy WebLinkAboutCC AG PKT 2002-10-14 #M • • AGENDA REPORT DATE: October 14, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mac Cummins, Associate Planner /Special Projects Manager SUBJECT: PUBLIC HEARING -- APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL. USE PERMIT NO. 01 -9, A REQUEST TO SERVE BEER AND WINE FOR ON -SALE CONSUMPTION AT RIVER'S END RESTAURANT (15 1ST ST.) SUMMARY OF REQUEST: After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Deny the appeal and sustain the decision of the Planning Commission, subject to appropriate terms and conditions. 2) Sustain the appeal of Mr. Balchin, revising the decision of the Planning Commission in accordance with the appeal. 3) Sustain the appeal of Mr. Balchin, revising the decision of the Planning Commission in accordance with terms and conditions other than those requested by the appellant. BACKGROUND: On August 21, 2002 the Planning Commission denied an application for a CUP for a professional office on a 4 -1 vote (Ladner votes no). Please refer to Attachment 2 to review Planning Commission Resolution No. 02 -36 for the findings and determination of the Planning Commission. Please refer to Attachments 3 to review the • Planning Commission Minutes of August 21, 2002 and to Attachment 4 to review the Planning Commission Staff Report of August 21, 2002. Agenda Item in Public Hearing — Appeal of Planing Commission Denial of Conditional Use Permit 01 -9, Beer & Wine Permit 15 J St. August 21, 2002 An appeal of the recommendation of the Planning Commission was filed in a timely manner (please refer to Attachment 1), and the matter is now before the City Council for consideration at a de novo public hearing. FACTS: ❑ The Planning Commission held a duly noticed public hearing on August 21, 2002 to consider CUP 01 -9. Both written and oral evidence was submitted for the project. At the public hearing the applicant spoke in favor of the request. ❑ After receiving all public testimony on August 21, 2002, the Planning Commission closed the public hearing and after discussion, denied the requested Conditional Use Permit on a 4 -1 vote (Ladner votes no). ❑ On August 27, 2002, an appeal was filed (See Attachment 1). The appellant has taken the position that his business will not create an adverse impact on the community and has filed written arguments for how and why the ability to serve alcohol at his restaurant will benefit the community. STANDARD OF REVIEW FOR CONDITIONAL USE PERMIT APPLICATIONS: Under Code Sections 28 -2503 and 28 -2504, all conditional use permit requests must be evaluated in light of three issues: 1) Is the use conditionally permitted in the zone; 2) Is the use compatible with the General Plan; and 3) Is the use compatible with, rather than detrimental to, surrounding uses and the community in general? The use is conditionally permitted in the zone. Sale of alcoholic beverage is subject to conditional use permit anywhere in the City where alcohol may be served. The use is consistent with the General Plan, which designates the area as a Public Land Use (PLU/R) zone. Further, since the City owns the property and leases the property to Mr. Balchin, the use falls within the allowable land uses in the zone. Resolution of the remaining issues regarding compatibility will depend on the Council's view as to whether or not alcoholic beverages (Beer & Wine) should be sold at this location. • The Commission (4 -1; Ladner votes no) felt that such a use is not appropriate at this location, in close proximity to the beach. The discussion centered around the restaurant's close proximity to the beach and the nature of the floorplan of the restaurant, with a predominant amount of the floorplan being open air patio space; and the concerns of noise & passing alcoholic beverages to persons on the beach. 2 • Public Hearing — Appeal of Planing Commission Denial of Conditional Use Permit 01 -9, Beer & Wine Permit 15 l s ` St. August 21, 2002 In the applicant's appeal, the applicant points out that the restaurant has the ability, under the terms of the lease, to conduct business operations in accordance with the lease. The application before the Council this evening requests the ability to serve beer and wine for on sale consumption only. The appellant further points out that many of the Commissioner's comments with relation to the CUP application relate to business activity in general and the wish to keep the area "Not a commercial zone" and that the application is only for beer and wine on sale consumption. The appellant also offers responses for statements made by particular Commissioners. CITY COUNCIL OPTIONS re: APPEAL: After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Deny the appeal and sustain the decision of the Planning Commission, subject to appropriate terms and conditions. 2) Sustain the appeal of Mike Balchin, revising the decision of the Planning Commission in accordance with the appeal. 3) Sustain the appeal of Mike Balchin, revising the decision of the Planning Commission in accordance with terms and conditions other than those requested by the appellant. Depending on the course of action the Council determines appropriate, staff will bring back the appropriate resolution for adoption at a later meeting. FISCAL IMPACT: Limited fiscal benefit. As per the terms of the lease with Mr. Balchin, the City does share in revenue generated as a function of overall sales of beer and wine on the property. The City retains 7% of the sales generated by beer and wine, IF the conditional use permit were to be approved. NOTED AND APPROVED: 3 Public Hearing —A.. -al o �' ning Commission Denial of 6),„ Conditi a it 01 9, B Wi P ermi t 1 S` t c Mac Cummins Jo :. Bahorski Associate Planner /Special Projects Manager anager Attachments: (5) Attachment 1: Appeal of Mike Balchin. Letter dated August 27, 2003 Attachment 2: Planning Commission Resolution 02 -36, adopted August 21, 2002 Attachment 3: Planning Commission Minutes: August 7 & August 21, 2002 Attachment 4: Conditional Use Permit 01 -9, Planning Commission Staff Report, dated August 21, 2002 Attachment 5: Public Land Use /Recreation Zoning standards 4 Public Hearing — Appeal of Planing Commission Denial of Conditional Use Permit 01 -9, Beer & Wine Permit 15 1' St. August 21, 2002 ATTACHMENT 1 APPEAL OF MIKE BALCHIN, DATED AUGUST 21, 2002 5 I g -;1- .L APPEAL APPLICATION TO CITY COUNCIL . For Office Use Only . • Planning Commission Date: .Planning Commi Resolutio No..: Planning Commission Action: , . . • Approval '. Denial . • .Other Date Appeal Filed: ,.:-• • ' City Council Date: Notice "Date: -• .. .. City Council Action: • • • ' Resolution No.: .- 1. Property Address: / ' �� /� 7 2. Applicant's Name: ._... //e/ 7 e e L1 . Address: J7 -17/ AJ'1 /14z-K j-e 4 A � , C 0 - - Home Phone: t 577 Work Phone: t) 9o(2 FAX: WA- 44e6&72 3. Property Owner's Name: &-i7Y' g Address: Home Phone: ( ) . 4. The undersigned hereby appeals the following descriped action of the Seal Beach Planning Commission concerning Pte- Review No.S 0/i /--' Attach a statement that explains In detail why the decision of the Planning Commission is being appealed, the specific conditions �f approval being a..ealed, and include your statements indicating where the Pla g Commis -.y be in error. 4 , ,.(,, ,,,,,,, d ___. = . . _ _ ___ , . (Signature of Applicant) (Signa re of Owner) • (Print Name) (Print Name) - 7 •-_66) e0 27/2 ��r (Date) 7 (Date) Page 27 Rev. 2100 ..„ City of Seal Beach Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 ,1-2527 • • ( - Receive Date: OD Address • ..... DepaSii.ffitrE .tter $ 100 •$ 750 , $ 100 L-- $ 750 $ 10,000 in F $ 2,000 $ 750 $ 250 • ) $ 10 $ 150 • 4 ;: $ 1,500 $ 750 $ 2,000 1.! $200 $ 100 $ 75 • .P!3 $ 50 $ 750 • Specific Plan $ 10,000 Temporary Banner $ 5 Unclassified Use Permit (UUP) $ 750 • Variance $ 750 Xeroxing 8 Y2 x 11" $.75 per page. Larger $1.50 per page. Zone Change $ 2,000 Account # 0(1) — C4) 0 Amount to Be Paid $ '- 75 6 001-30855 Microfilming 001-30820 Planning Fees 001-30825 Building Plan Check 001-30945 Sale of Printed Material Paid: (Finance_D F pA I 1 - • 1 Planning Commission's Decision on Resolution 01 -9 is being appealed because of the following arguements: Planning Commission Meeting (Public Hearing) August 7, 2002: 1. Statement Commissioner Shanks: "if we give River's End beer and wine then Ruby's will want it ". Statement Commissioner Deaton: "we can't allow beer and wine on Government Property ", Ruby's is also City Property. Ruby's Restaurant serves Beer & Wine. Police Department and Planning Department have no problems with approval of this C.U.P. and recommend approval. • 2. Statement Commissioner Deaton: "there would be an increase in traffic cause by approval of this C.U.P. ". Only an increase in revenue for business and City, business is already allowed to be operating during hours requested for C.U.P.. 3. Immediate Neighboring Property Owners (102 & 104 Ocean) stated restaurant patron's would eat and drink then leave and make noise on the beach after the restaurant was closed at 8 p.m. These same people complimented the quality of River's End and hoped it would stay there. Was also stated by Commissioner Deaton that drinking customers would make noise leaving the beach parking lot. The beach parking lot is open until 10 p.m. every night. God only knows what happens down there every night and I usually clean it up in the morning or call the Police to get a report on the distruction. Helen the lady who takes care of the cats, locks the bathrooms and lot gate every night around 10 p.m., something pretty dangerous for a small women to do. River's End staff could lock gate when they leave around 8:30 p.m.. Police would take care of problems. Planning Staff aiid Police Department have no problem with this application. 4. Statement Commissioner Sharp: "Beer and Wine can be passed over railings to people on beach ". If that was problem ABC would remove permit to sell Beer & Wine. Local Police would also inforce law to correct if this was a problem. As a property improvement and increased security to location I would consider a higher railing or bearier to discourage any such activity. I also request a report if any problems with other patio restaurants in town with simular C.U.P.. 5. Statement Commissioner Shanks: "As we have seen before they ask for a little now and they always grow, more hours and more alcohol ". This propertie's operation is limited by a lease. This C.U.P. is controlled by the City Council. If it all falls on me, I would sign an agreement to not extend hours past 8 p.m. and alcohol no more than beer and wine. 6. Statement Commission Deaton: "Motion to deny license for alcohol on the beach ". According to Seal Beach Lifeguards and Annimal Control; River's End at 15 1st street, Seal Beach is not on the beach. 7. The 4 Planning Commissioners voting to deny C.U.P. were contacted by a person who lives on Ocean and Commisioner Deaton stated "they do not want a commercial type development on the D.W.P. property ". Granting this C.U.P. would not make 15 1st Street any more of a business than it is now. Comments about Planning Commission Meeting 8/21/02 1. Statement Commissioner Deaton: "This C.U.P. will make the West End of town a Business District, to include the D.W.P. property & 15 -1st Street." The 2 properties are already a business zone. River's End has been one since Jack Haley developed a food service there in the early 1970s approved by City and Coastal Commission. Beer and Wine would only expand the quality of service available to customers at 15 st Street and the D.W.P. Property is already zoned for a Hotel type complex. River's End with beer and wine would not validate D.W.P. Property as having to be a business type development. 2. I am checking with City if a requirement code or presidence on record regarding height of patio fencing as Commissioner Sharp has related to as a problem. Applicant would consider a reasonable improvement. ABC must not be to concerned about this because the Restaurant Schooner or Later in Long Beach has a boundary line consisting of concrete flooring to ceramic tiled flooring as a line, no bearier at all. Any problem caused by this would lead to revocation of a Beer and Wine License. River's End only wants to have bottled beer and a class of wine available for customers if they want it with their meal. Increased revenue means a few more dollars in rent and sales tax to City. Submitted, 6e Liacee. / 7/L Michael E. Balchin, Applicant Public Hearing — Appeal of Planing Commission Denial of Conditional Use Permit 01 -9, Beer & Wine Permit 151 August 21, 2002 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 02 -36, ADOPTED AUGUST 21, 2002 • • 6 • RESOLUTION NUMBER 02 -36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CUP NO. 01 -9, PRECLUDING THE SALE OF BEER AND WINE FOR ON PREMISES CONSUMPTION AT 15 1 STREET (RIVER'S END CAFE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 26, 2001, Mike Balchin (the "Applicant ") filed an application with the Department of Development Services for Conditional Use Permit 01 -9, for the ability to sell beer and wine for on- premises consumption at 15 1 Street (River's End Cafe). The application was deemed to be incomplete due to the applicant not having a valid lease with the City to operate the business at the site. After the applicant signed a lease with the City for the use of the building, the application was deemed complete and scheduled for hearing at the Planning Commission. Section 2. Pursuant to 14 Calif. Code of Regs. § 15301 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 01 -9 for the proposed sale of beer and wine is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in 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. Section 3. A duly noticed public hearing was held before the Planning Commission on August 22, 2001, to consider the application for CUP 01 -9. At the public hearing, staff informed the Commission that the applicant did not have a valid lease signed with the City. The matter was tabled until such time as the applicant had a valid lease and therefore a complete application. After completion of the lease and approval by the City Council, the applicant requested that the item be heard by the Planning Commission. A duly noticed public hearing was held before the Planning Commission on August 7, 2002. At the public hearing the applicant was in attendance, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of August 7, 2002 indicates the following: (a) On July 26, 2001, Mike Balchin submitted an application for CUP 01 -9 with the Department of Development Services. The application was deemed incomplete due to 1 manning Commission Resolution 01 -36 Conditional Use Permit 01 -9 15 First Street (River's End) the applicant not having a valid lease with the City to operate the business on City owned property. Upon signing a lease, the application was deemed complete and the item was rescheduled for public hearing at the Planning Commission on August 7, 2002. (b) Specifically, the applicant is proposing to sell beer and wine for on premises consumption only. (c) The subject restaurant contains approximately 868 sq. ft. There is also a, 1897 sq. ft. outdoor patio, and a 522 square foot covered patio. (d) The subject property is described as Orange County Assessor's parcel number 043 - 171 -02. (e) The surrounding land uses and zoning are as follows: ❑ EAST— Residential Housing in a Residential Low Density (RLD) zone commonly referred to as the "Gold Coast." ❑ WEST- San Gabriel River & Long Beach Marina ❑ NORTH — Vacant property on the old Department of Water and Power site in the DWP Specific Plan Zone ❑ SOUTH— Beach and Pacific Ocean in the Public Land Use/Recreation (PLU /R) zone. (g) Captain John Schaeffer of the Seal Beach police department said that he has no objections regarding the granting of this request. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28 -2002, 28 -2503 and 28 -2504 of the City's Code, the Planning Commission finds: ❑ The building and property at 15 1 St. are not adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Due to the nature of the restaurant and its proximity to the beach and surrounding residences, as well as the configuration of the patio adjacent to the beach, the sale of alcoholic beverages for on premises consumption at the site will be detrimental to the surrounding community. Section 6. Based upon the foregoing, the Planning Commission hereby denies Conditional Use Permit 01 -9. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21 day of August, 2002, by the following vote: 2 r anning Commission Resolution 01 -36 Conditional Use Permit 01 -9 15 First Street (River's End) AYES: Commissioners Deaton, Hood, Shanks, and Sharp NOES: Commissioners Ladner ABSENT: Commissioners David Hood, Ph.D., Chairman of the Planning ' ommission Ire Whitt -nberg Secretary of the Planning Commiss e • 3 Public Hearing — Appeal of Planing Commission Denial of Conditional Use Permit 01 -9, Beer & Wine Permit 15 I St. August 21, 2002 ATTACHMENT 3 PLANNING COMMISSION MINUTES: AUGUST 7 & AUGUST 21, 2002 7 City of Seal Beach Planning Commission Meeting Minutes of August 7, 2002 1 MOTION CARRIED: 4 — 0 —1 2 AYES: Deaton, Hood, Shanks, and Sharp 3 NOES: None 4 ABSENT: Ladner 5 6 7 SCHEDULED MATTERS 8 9 None. 10 11 12 PUBLIC HEARINGS 13 14 3. Conditional Use Permit 01 -9 15 15 First Street (River's End Restaurant) 16 17 Applicant/Owner: Mike Balchin / City of Seal Beach 18 Request: The applicant proposes to implement the sale of beer 19 and wine for on -sale consumption during the hours of 20 9 :00 a.m. and 8:00 p.m. daily at an existing restaurant. 21 22 Recommendation: Approval subject to conditions and adoption of Resolution 23 02 -36. 24 25 Staff Report 26 27 Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the 28 Planning Department.) He provided some background information on this item and 29 described the surrounding land uses as follows: 30 31 EAST: Residential housing in a Residential Low Density (RLD) 32 Zone. 33 34 WEST: San Gabriel River and Long Beach Marina. 35 36 NORTH: Vacant property on the old Department of Water and Power 37 site. 38 39 SOUTH: The beach and Pacific Ocean. 40 41 Mr. Cummins stated that the existing restaurant is currently open for breakfast and 42 lunch only, however, the owner, through an amended lease, will be extending the 43 operating hours until 8:00 p.m. He then described the procedure for determining the 44 ratio for alcohol and beverage licenses within a census tract, and noted that for this 45 particular census tract the ratio would allow for 4 on -sale licenses and there are 46 currently 10, making this an over concentrated area. He noted that this census tract 11DATAFILEIUSERS \CAIvarez \Carmen data\PC Minutes12002 \08 -07 -02 PC Minutes.doc 6 City of Seal Beach Planning Commission Meeting Minutes of August 7, 2002 1 includes Main Street, which has a number of pre- existing alcohol licenses. He 2 described this restaurant as further down the beach, away from a clustering affect of 3 alcohol licenses. Mr. Cummins clarified that although the Staff Report stated that 4 the restaurant wished to remain open after 8:00 p.m. for private parties, this was not 5 an accurate statement. The applicant plans to keep the restaurant open for dinner 6 on a regular basis until 8:00 p.m. only. The Staff Report had also indicated that this 7 evening's hearing was to propose to extend the hours of operation, and this is also 8 not the case. The application is to serve alcohol until 8:00 p.m. The hours of 9 operation are determined by the lease, which was recently amended by the City 10 Council and extends the hours of operation until 8:00 p.m., Monday through Sunday. 11 He explained that the issue before the PC this evening is whether to grant the ability 12 to serve beer and wine. The Associate Planner stated that Staff is recommending 13 approval subject to conditions. For the record Mr. Cummins reported that two letters 14 in opposition to this application were received from Connie and Diana Carson at 104 15 Ocean Avenue and another from Sylvia Bates at 100 Ocean Avenue. 16 17 Commissioner Questions 18 19 Commissioner Deaton clarified that the hours of operation are already fixed through 20 the new lease. Mr. Boga confirmed that the lease that the CC approved in May fixes 21 the hours. 22 23 Commissioner Shanks asked that since a Conditional Use Permit (CUP) runs with 24 the property, how does this apply to City property that is on a lease basis that is 25 renewed periodically. Mr. Whittenberg responded that the CUP would run with the 26 property and the City would still have the authority to negotiate the lease. If the City 27 chose to prohibit the CUP as part of the new lease agreement, they could do so, 28 invalidating the CUP entitlement. 29 30 Commissioner Sharp questioned how the measurements were completed on this 31 property to determine the distance from the homes on Ocean Avenue. Mr. Cummins 32 stated that in terms of the noticing requirements, the measurement is taken from the 33 corner of a property, and not from where the structure sits on the property. 34 35 Chairperson Hood reported that he had received telephone calls from Gwen 36 Forsythe and Wendy Rothman. He also reported that he and Commissioner Deaton 37 had visited the River's End for breakfast. 38 39 Commissioner Sharp stated that he had lunch there on Sunday. 40 41 Commissioner Shanks stated that he had received a telephone call from Wendy . 42 Rothman. 43 44 Commissioner Deaton stated that she had also received telephone calls from Wendy 45 Rothman and Linda Devine, and several other residents. She asked if Staff had 46 received correspondence in favor of this application. Mr. Cummins stated that he \ \DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes12002\08 -07 -02 PC Minutes.doc 7 City of Seal Beach Planning Commission Meeting Minutes of August 7, 2002 1 had not received written comments in favor. He stated that he had spoken to 2 several people who were in favor of this application. 3 4 Commissioner Shanks noted that the lease renewal lists the hours of operation as 5 "7:00 a.m. to 3:00 p.m., but may extend the hours to 8:00 p.m." He questioned the 6 manner in which this was written. Mr. Boga stated that he was not informed of the 7 process behind the precise phrasing of this condition, but he noted that even the 8 hours in the original lease agreement are oddly phrased. He remarked that in his 9 opinion this might be the result of a "little bit of sloppy drafting." Commissioner 10 Shanks stated that because of this phrasing it is not certain that the hours of 11 operation were definitely until 8:00 p.m. Mr. Boga stated that as he interprets the 12 language, the lease allows the business to stay open until 8:00 p.m. regardless. He 13 reiterated that the only issue open for consideration tonight is the ability to serve 14 alcohol. 15 16 Commissioner Deaton confirmed that as she understands it, the restaurant should 17 stay open until 3:00 p.m. each day, but they have the option to stay open later than 18 that, up to 8:00 p.m. Mr. Boga confirmed that this is correct. 19 20 Public Hearing - 21 22 Commissioner Sharp asked if Chairperson Hood had stated that the applicant is 23 limited to 5 minutes. Chairperson Hood stated that he had announced this. 24 Commissioner Sharp then confirmed with the Director of Development Services 25 whether the length of time for applicant comments had been limited to 5 minutes. 26 Mr. Whittenberg stated that he was not certain that the PC had limited the time on 27 any public hearing matter for applicants. He said that he is aware there is a limit for 28 public comments, but he does not recall the applicants being limited. Commissioner 29 Sharp stated that he did not feel the applicant should be limited and Chairperson 30 Hood said he hand no problem with this. Mr. Whittenberg interjected that the PC 31 does have a mandatory p.m. adjournment time. 32 33 Chairperson Hood opened the public hearing. 34 35 Mr. Mike Balchin provided a brief history of the River's End Restaurant stating that it 36 officially opened for business 5 years ago. He said he believed the City was happy 37 with River's End as the CC just extended the lease. He noted that with the addition 38 of beer and wine he plans to add a small dinner menu of appetizers, meat, fish, and 39 pasta, for sunset dining until 8:00 p.m. He said River's End does not intend to be a 40 drinking place, but plans on providing beer or wine to accompany dinner entrees. 41 He stated that he is ready to train his staff in compliance with Alcohol and Beverage 42 Codes. Mr. Balchin stated that he is requesting this in order to generate revenue for 43 River's End and for the City. He said that he lives near several restaurants and he 44 understands and respects the need for privacy and respects the property values of 45 neighbors of River's End. He stated that he believes that with the restaurant being 46 open until 8:00 p.m. it might provide a presence of authority in the First Street beach \ \DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes\2002 \08 -07 -02 PC Minutes.doc 8 City of Seal Beach Planning Commission Meeting Minutes of August 7, 2002 1 parking lot that might improve the quality of people using the area in the later hours. 2 He said there has been a problem with graffiti and people coming in and destroying 3 things. He reported that he is a native of Long Beach and he and his wife have lived 4 in Naples for sixteen years. He stated that he has been a general contractor since 5 1973 and since 1975 he has designed, developed, and built residential /commercial 6 properties. He said he is a past president and lifetime member of the Long Beach 7 JC's and past board member of the Long Beach Chamber of Commerce and past 8 chair and lifetime member of the Long Beach Police Officers Association Honorary. 9 He noted that he represents the City of Seal Beach on the San Gabriel River 10 Stakeholder's Committee for the County of Los Angeles, is a charter board member 11 of the Friends of the San Gabriel River, a member of the Orange County Coastal 12 Coalition Committee, a member of the Seal Beach Ad Hoc Water Quality Review 13 Committee, a charter board member of the Seal Beach Surf Classic, and is a 14 member of the Seal Beach Chamber of Commerce. 15 16 Mr. Barry Moore spoke in favor of this application stating that he has been dining 17 there ever since River's End opened and he believes that the proprietors have 18 always acted responsibly in managing the restaurant. He recommended approval. 19 20 Mr. Stan Anderson spoke in favor of CUP 01 -9. He stated that he has known Mr. 21 Balchin for many years and he is a good neighbor to Seal Beach. He noted that if 22 there were any problems in the future with River's End the CUP could be brought 23 back for review by the PC. He said he believes Mr. Balchin will be an excellent 24 neighbor and he recommended approval. 25 26 Dr. Frank Commonale stated that he had outlined his objections to this request in his 27 letter to the City. He said he disagreed with some of the comments in the Staff 28 Report. He noted that his wife's family is in the restaurant business so they know 29 how difficult it is, and they sympathize with the Balchins. He said that his problem is 30 not with the Balchins or with the restaurant, but with the affects of alcohol and what it 31 does to people. He stated he is especially in disagreement regarding noise. He 32 said that noise carries on the beach and they can hear noise from as far away as the 33 yacht club in Naples and also on the weekends in the evenings when young kids 34 walk on the beach. Dr. Commonale noted that two glasses of wine or beer are equal 35 to two shots of 96 proof alcohol creating a blood alcohol level above the legal driving 36 limit. He said the fact that the restaurant closes at 8:00 means nothing as patrons 37 could decide to walk on the beach after dinner and drinks. He expressed concerns 38 with inebriated young kids being overly noisy in the parking lot or perhaps 39 vandalizing property. He questioned how you could allow drinking on a "pad" on the 40 beach, but not allow drinking on the sand. . 41 42 Mr. C.M. Carson stated that one of the nicest things about Seal Beach is that they 43 do not allow drinking, bonfires, or overnight sleeping on the beach. He said that 44 although River's End is a great breakfast and lunch place, it is not a dining place. 45 He noted that you could have a beer then step over a wall and be on the rocks or on 46 the sand, and it will not be possible to control patrons who have drinks and then \ \DATAFILE USERS\CAlvarez \Carmen data\PC Minutes\2002\08 -07 -02 PC Minutes.doc 9 City of Seal Beach Planning Commission Meeting Minutes of August 7, 2002 1 wander onto the beach. He said it would be a step backwards to sell alcohol in the 2 middle of the beach. He stated that there are great bars on Main Street, but he does 3 not believe that surfers, windsurfers, or boogie boarders should be able to stop in, 4 have a few beers, and then do what they want to do on the beach. He 5 recommended denial. 6 7 Mr. Dennis Pohlman spoke in support of CUP 01 -9. He said that Mr. Balchin had 8 stated that he would only be serving alcohol with food. He noted that currently Mr. 9 Balchin does not allow smoking at River's End, and he would enforce the alcohol 10 service just as strictly. He said that in order to go to River's End to have just a beer 11 you have to pay $2.00 just to park your car. He stated that other restaurants that 12 serve beer and wine with their dinner entrees have rarely had problems with 13 inebriated patrons. He recommended approval. 14 15 Mr. Rob Driscoll also spoke in support of this application. He stated that 16 approximately 6 years ago he had organized a group of people to raise funds to 17 install the grass area next to the River's End location. He said that one of the best 18 things that came out of this project was that the group was able to see the 19 incidences of graffiti and vandalism decline significantly after this. He noted that 20 since the Balchins took over and started River's End vandalism and graffiti have 21 declined even more because they are taking care of the restrooms at that location. 22 He said the Balchins are very responsible neighbors and he recommends approval 23 of CUP 01 -9. 24 25 Mr. Roger West stated he is chairman of the Seal Beach Council for Environmental 26 Concerns, a private group that has worked on behalf of environmental issues in the 27 city. He said he was shocked that the PC would even consider this application. He 28 noted that "No Alcohol Permitted On the Beach" signs are posted all along the 29 beach, and now an individual wants to sell alcohol on the beach. He emphasized 30 that this is public property held by the City for the benefit of the public. He asked 31 what kind of message was being sent to children and young people when they are 32 told that they cannot bring alcohol onto the beach, yet Mr. Balchin is able to sell it on 33 the beach. He stated that the residents of Seal Beach are fortunate in that many 34 people throughout the years have worked to keep it a small town and to save the 35 beach. Mr. West noted that if River's End is allowed to sell alcohol, Ruby's will 36 eventually want the same privilege. He recommended denial. He reiterated that as 37 the Staff Report states, this town has already exceeded the limit for allowable 38 alcohol licenses, and another is not needed. 39 40 Ms. Jane Anderson spoke in support of CUP 01 -9 and stated that the Balchins 41 operate a family. business at which they work seven days a week_ She noted that 42 they provide employment for many of the young people of Seal Beach. She 43 emphasized that Mr. Balchin is hard working and is very conscious of a moral 44 attitude in the people that he employs. She recommended approval of this 45 application. 46 \ \DATAFILE\USERS \CAlvarez \Carmen data \PC Minutes\2002 \08 -07 -02 PC Minutes.doc 10 City of Seal Beach Planning Commission - Meeting Minutes of August 7, 2002 1 Mr. Balchin explained that River's End is not considered to be "on the beach." He 2 noted that a City Ordinance that does not allow dogs on the beach, but leashed dogs 3 are allowed on the restaurant patio. He encouraged approval of his application. 4 There being no one else wishing to speak, Chairperson Hood closed the public 5 hearing. 6 7 Commissioner Comments 8 9 Commissioner Deaton said that this would be a difficult decision. She stated that 10 one of the telephone calls she received in favor of CUP 01 -9 cited the problem with 11 vandalism and gathering of people in that area, and the caller felt that by having the 12 establishment open later in the evening, it would discourage this activity. She noted 13 that the majority of the calls that she received were against selling alcohol because 14 of many of the arguments presented tonight. She stated that 100 and 102 Ocean 15 Avenue would be the properties most affected due to cars entering and exiting the 16 parking lot. 17 18 Commissioner Sharp stated that he visited River's End for lunch since he had never 19 been there, and he feels that unless there is live entertainment or music, he could 20 not see how this would significantly affect the residents; however, he is concerned 21 about the restaurant being so close to the beach. He noted that the City does have 22 a strict law against alcohol on the beach and in the past the PC has been very 23 careful to ensure that restaurants with an open patio have a high enough barrier so 24 that drinks cannot be passed outside the establishment. He said that River's End 25 does not have such a barrier. He said he has a problem with this and with the fact 26 that most of the seats are in the patio area. 27 28 Commissioner Shanks stated that as he recalled, this location originally opened with 29 the intent to sell some food (hot dogs and soft drinks) to the people on the First 30 Street beach area. He said it has now grown from that into a restaurant that wants 31 to sell beer and wine. He commented that the way things work in this City, 32 eventually the applicant will return requesting even later operating hours for Fridays 33 and Saturdays. He noted that the beach is one of the sacred icons in this town, and 34 although Mr. Balchin must be commended for improving the area and taking care of 35 it, it is still the beach area. 36 37 Commissioner Deaton said that this would create traffic problems on First Street and 38 Ocean Avenue. She noted that this is a government facility that is being leased and 39 she does not feel it is appropriate to issue a liquor license for consumption on the 40 beach. She recommended denial. 41. . 42 MOTION by Deaton; SECOND by Sharp to deny Conditional Use Permit 01 -9 for the 43 sale of beer and wine for on -site consumption during the hours of 9:00 a.m. to 8:00 44 p.m. at 15 First Street. 45 46 MOTION CARRIED: 4 — 0 — 1 \ \DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes \2002 \08 -07 -02 PC Minutes.doc 11 City of Seal Beach Planning Commission Meeting Minutes of August 7, 2002 1 AYES: Deaton, Hood, Shanks, and Sharp 2 NOES: None 3 ABSENT: Ladner 4 5 Mr. Boga advised that the PC direct Staff to return with a Resolution for denial of 6 Conditional Use Permit 01 -9. 7 8 Chairperson Hood verified that adoption of this resolution would not require a public 9 hearing. Mr. Boga confirmed that this was correct, but noted that the public could 10 comment on the contents of the resolution, should they desire to do so. 11 12 13 STAFF CONCERNS 14 15 None. 16 17 18 COMMISSION CONCERNS 19 20 Commissioner Sharp requested a progress report on the Sunrise Assisted Living 21 Facility. Mr. Whittenberg reported that the grading and construction plans are in the 22 final stages of plan check. He stated that permits would probably be issued within 23 the next 2 -3 weeks. Commissioner Sharp inquired about the Hellman Project. Mr. 24 Whittenberg stated that the Coastal Commission has issued the permit for mass 25 grading and the permit for precise grading, installation of roads, and construction of 26 the homes will be issued as a separate permit. 27 28 Commissioner Deaton requested that the issue of retaining walls be revisited and 29 asked Staff to schedule a study session. Mr. Whittenberg stated that Staff would 30 schedule a study session as soon as it is convenient. Commissioner Deaton stated 31 that she finds herself struggling through some of the information and requested a 32 copy of the General Plan. Mr. Whittenberg noted that she had been provided with a 33 copy this evening and that the City Clerk would provide other supporting documents 34 later this week. 35 36 Commissioner Shanks inquired about the floating balloon that was used to advertise 37 a car sale in the Seal Beach Shopping Center a few weekends past. He reported 38 that there was a fairly large, helium - filled balloon on display. Commissioner Sharp 39 interjected that he had not observed this. Mr. Cummins reported that ordinarily this 40 type of advertising medium is not allowed, but the City did issue a special event 41 permit for this car sale, which allowed them to have the car sale in the parking lot. 42 Commissioner Shanks asked if the large balloon was included in this permit. Mr. 43 Whittenberg reported that this was part of the special event permit for that weekend. 44 45 Commissioner Sharp requested that the Planning Commissioners be notified 46 whenever a special event permit is issued for a location within their respective \ \DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes\2002 \08 -07 -02 PC Minutes.doc 12 City of Seal Beach Planning Commission Meeting Minutes of August 21, 2002 1 2. RECEIVE AND FILE: "Tahoe- Sierra Preservation Council Et Al v. Tahoe 2 Regional Planning Agency," Letter from City Attorney dated August 1, 2002. 3 4 Chairperson Hood noted that because Commissioner Ladner was not present for the 5 meeting of August 7, 2002, he would abstain from voting on this item. 6 7 MOTION by Sharp; SECOND by Deaton to approve the Consent Calendar as 8 presented. 9 10 MOTION CARRIED: 4 — 0 —1 11 AYES: Deaton, Hood, Shanks, and Sharp 12 NOES: None 13 ABSENT: None 14 ABSTAIN: Ladner 15 16 17 SCHEDULED MATTERS • 18 19 3. Adopt Resolution 02 -36 denying Conditional Use Permit 01 -9 for 15 First Street 20 (River's End). 21 22 Mr. Whittenberg commented that he believed Staff had prepared the resolution in a 23 manner that reflects the determination of the Planning Commission at it's last 24 meeting. 25 26 Commissioner Shanks noted a correction to Section 4(f) on the surrounding land use 27 descriptions. 28 29 Commissioner Ladner stated that he had viewed the videotape of the August 7, 30 2002 meeting and he expressed his disagreement with the Planning Commission 31 (PC) determination. He said that anyone that is willing to take on the responsibility 32 of trying to create something within Seal Beach should be given a chance to do so. 33 He stated that because Mr. Balchin has operated this business for 5 years and has 34 cleaned up the surrounding area and is attempting to make a living in Seal Beach, 35 he should be given the opportunity to do so. He indicated that it is up to the Seal 36 Beach Police Department (SBPD) to decide whether or not Mr. Balchin is doing a 37 good job in providing the sale of alcoholic beverages. He said that although it is not 38 legal, he would defy anyone who states that beer is not taken onto the beach and 39 consumed in Seal Beach. He reported that he had visited the River's End restaurant 40 twice and had spoken with Mr. Balchin. Commissioner Ladner noted that the 41 nearest house is approximately 600 feet from the restaurant and is covered by 42 shrubbery, which serves as a noise barrier. He commented that even if the noise 43 does carry, no one goes to bed before 8:00 p.m., especially in the summer time. He 44 reiterated that Mr. Balchin should be given the opportunity to serve beer and wine 45 with food only, and any problems due to noise can be reported to the SBPD and 11DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes\2002 \08 -21 -02 PC Minutes.doc 2 City of Seal Beach Planning Commission Meeting Minutes of August 21, 2002 1 Alcohol and Beverage Control can then determine whether or not to cancel the 2 license, or the City can take action to rescind the Conditional Use Permit (CUP). 3 4 Commissioner Sharp commented that his decision was not made based upon the 5 residents in that area, but was made on the fact that there are no safety measures 6 for preventing beer and wine being passed from the restaurant to people on the 7 beach. He stated that the City has been very strict regarding this issue, and 8 because of the present location and current fencing around the patio at River's End, 9 he does not see any way of approving this application. Commissioner Ladner 10 questioned whether the PC could require that the fence be made higher so as to 11 address this concern. He noted that it would be difficult for anyone to pass drinks 12 over a 6 -foot fence without being noticed by anyone. 13 14 Commissioner Deaton stated that she wanted to address this issue from the 15 standpoint of shifting alcohol licenses from Main Street to this southwest area of 16 town. She noted that when the owners of the properties purchased their homes they 17 could not have known that one day alcohol would be served on that end of town. 18 She emphasized that the City is already over - concentrated with alcohol licenses, 19 and more are not needed outside the Main Street area of town. Commissioner 20 Deaton reiterated that residents of Seal Beach do not want a proliferation of alcohol 21 licenses. She stated that Commissioner Ladner was absolutely right in his 22 statements and she commended Mr. Balchin for what he has done, however, from 23 the standpoint of proliferation of alcohol permits, she could not vote to approve. 24 Commissioner Ladner asked what she considered proliferation as this would be only 25 one additional place that would serve beer and wine, and that would be within 7 or 8 26 blocks to the west of Main Street. He noted that the building and parking lot have 27 been there for over 20 years. He reiterated that Mr. Balchin has cleaned up the 28 beach and restrooms. Commissioner Deaton agreed that Mr. Balchin has done a 29 great job, however, as far as proliferation goes, she noted that the City now has a 30 huge parcel of land that is changing hands (Department of Water and Power [DWP] 31 property). She stated that something is going to happen to it, and at this point in 32 time she would not want to allow an alcohol permit on that side of town, without 33 knowing what type of development will take place on this property. Commissioner 34 Ladner countered that Mr. Balchin has leased the property from the City, and if he is 35 approved for service of beer and wine and attempts to serve it later than 8:00 p.m., 36 the City can easily enforce this requirement. He noted that it was likely that nothing 37 would be done with the DWP property, and even so, to add one more beer and wine 38 license would not be proliferation. He said that to adding 2 or 3 more licenses on 39 Main Street would be. Commissioner Deaton countered that she did not want to 40 begin issuing alcohol licenses on the west side of town. Commissioner Ladner 41 restated his disagreement with this stance. 42 43 MOTION by Shanks; SECOND by Deaton to adopt Resolution 02 -36 denying 44 Conditional Use Permit 01 -9. 45 46 MOTION CARRIED: 4 — 1 \ \DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes\2002 \08 -21 -02 PC Minutes.doc 3 City of Seal Beach Planning Commission Meeting Minutes of August 21, 2002 1 AYES: Deaton, Hood, Shanks, and Sharp 2 NOES: Ladner 3 ABSENT: None 4 5 Mr. Boga advised that the adoption of Resolution No. 02 -36 begins a 10 -day 6 calendar appeal period to the City Council. The Commissioner action tonight is final 7 and the appeal period begins tomorrow morning. 8 9 10 PUBLIC HEARINGS 11 12 4. Height Variation 02 -4 13 1300 Catalina 14 15 Applicant/Owner: Martin Porter 16 Request: To construct a non - habitable Covered Roof Access 17 Structure (CRAS) to extend above the height limit by 18 approximately 3 ' feet within the zone in which the 19 subject property is located. 20 21 Recommendation: Approval subject to conditions and adoption of Resolution 22 02 -35. 23 24 Staff Report 25 26 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in 27 the Planning Department.) He provided some background information on this item 28 and explained that there are a number of non - habitable architectural features that 29 may be allowed on residential properties. He noted that in this case the proposal to 30 exceed the 25 -foot height limit is to accommodate a Covered Roof Access stairway 31 to go up to a proposed roof deck as part of a remodel of the existing house. He 32 stated that under City Code a Height Variation (HV) may be granted for up to 7 feet 33 above the 25 -foot height limit. He explained that the proposal conforms to all of the 34 adopted design criteria standards of the City related to the size of the structure. The 35 Director of Development Services stated that Staff is recommending approval 36 subject to conditions. 37 38 Commissioner Questions 39 40 None. 41 42 Public Hearing 43 44 Chairperson Hood opened the public hearing. 45 \ \DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes \2002 \08 -21 -02 PC Minutes.doc 4 Public Hearing — Appeal of Planing Commission Denial of Conditional Use Permit 01 -9, Beer & Wine Permit 15 1 St. August 21, 2002 ATTACHMENT 4 CONDITIONAL USE PERMIT 01 -9, PLANNING COMMISSION STAFF REPORT, AUGUST 21, 2002 • • 8 August 7, 2002 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 01 -9 15 1S St. GENERAL DESCRIPTION Applicant: MIKE BALCHIN Owner: CITY,OF SEAL BEACH Location: 15 1' ST. Classification of Property: PUBLIC LAND USE/RECREATION (PLU /R) Request: ABILITY TO SERVE BEER AND WINE FOR ON- PREMISES CONSUMPTION ONLY, BOTH INSIDE AND OUTSIDE. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 28 -2002; 28 -2503; 28 -2504 Recommendation: APPROVAL OF CUP 01 -9 THROUGH RESOLUTION 02 -36, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER REVISED BY THE COMMISSION AFTER CONSIDERING PUBLIC TESTIMONY. FACTS • On July 26, 2001, Mike Balchin, "River's End Restaurant" (the "Applicant ") filed an application with the Department of Development Services for Conditional Use Pennit 01 -9, seeking the ability to serve beer and wine for on- premises consumption only, both inside and CUP 01 -9 15 1" St. outside. The application was deemed incomplete because the owner of the restaurant did not have a valid lease on the property. Once the lease on the property was resolved with the City, the application was deemed complete and is now pending before the Planning Commission. • The subject property is described as Orange County assessor's parcel # 043 - 171 -02. • The subject restaurant contains approximately 868 sq. ft. There is also a, 1897 sq. ft. outdoor patio, and a 522 square foot covered patio. • The subject property contains an existing restaurant, River's End. • The nearest residential property is located immediately to the southeast of the property, the residential yard being approximately 300 feet from the subject building. • The surrounding land uses and zoning are as follows: ❑ EAST— Residential Housing in a Residential Low Density (RLD) zone commonly referred to as the "Gold Coast." ❑ WEST- San Gabriel River & Long Beach Marina ❑ NORTH — Vacant property,on.the old Department of Water and Power site in the DWP Specific Plan Zone ❑ SOUTH— Beach and Pacific Ocean in the Public Land Use /Recreation (PLU/R) zone. • John Schaeffer, a Captain with the Seal Beach Police Department, has reviewed the application and has no reservations or concerns regarding this request. Applicant's Statement: See attached application (Attachment 3). The applicant is proposing to sell beer and wine for on- premises DISCUSSION consumption only. The existing restaurant, River's End, has been operating as a breakfast and lunch restaurant. The owner would like to remain open during dinner hours for private parties and seeks the ability to serve beer and wine. There. is sufficient on site parking in the 1 St. beach parking lot. Staff's chief issue which staff thinks the commission should consider in reviewing this application regards overconcentration of ABC licenses. Over Concentration of alcoholic beverage licenses has been an issue within the city in the past, particularly in areas with high crime reporting districts. The State's Alcoholic Beverage Control Act, Regulation 61.3, says that if an area has both high crime and an over concentration of ABC licenses, ABC can automatically deny an application for a liquor license. Several years ago, the City's Police Chief made a request to ABC that the City be placed under Regulation 61.3. The purpose of this request was to give ABC a basis on which to deny a license request. However, a City may approve a CUP application in an over concentrated area if it so desires. The subject area is NOT in a high crime reporting district. Over Concentration of ABC Licenses CUP 01- 9151 "St. ABC calculates the total number of ABC licenses in Orange county and divides the total County population by the number of ABC licenses to determine a ratio of licenses per capita. ABC then takes the latest US Census population statistics for the Census tract in which a license is to be placed and compares it with the ratio of a number of people per license. If there are more licenses than the number allowed, then ABC considers that census tract over concentrated. The current ratio is 1 on -sale license per 954 people in a census tract, and 1 off sale license per 1642 people. Alcoholic Beverage Control was contacted by staff during the review process of this case, and the following information was gathered regarding the census tract 995.11, the tract in which the subject property is located. The following table indicates the current ABC licensing regulations and permits issued. Population 2000 On Sale Allowed On Sale Have Off Sale Allowed Off Sale Have 3416 4 10 2 2 Approving Alcohol Licenses in Overconcentrated Areas Staff would like to point out that merely being overconcentrated does not automatically necessitate denial of an new ABC license request. ABC reserves the right to automatically deny a request in an overconcentrated area, but individual cities are left with the ability to analyze individual applications as they arise and make decisions based on the individual circumstance. In terms of overconcentration itself, the subject restaurant is located within an overconcentrated census tract, but is not located near the vast majority of existing restaurants or bars with ABC licenses, which primarily are located on Main St. The existing restaurant is located all by itself, at the beach within the 1 St. beach parking lot. In terms of overconcentration, staff does not see this business as creating any concern. The issue of noise and other effects is worthy of note in this regard as well. The location is currently on a very quiet portion of the Beach, where the San Gabriel River opens into the Pacific Ocean. There are beachfront homes on the Gold Coast in the near vicinity. Staff believes that with proper conditions and enforcement, the noise generated from some private parties in which beer and wine are served, will not adversely affect the residents in this area. In addition, the applicant is proposing to have the hours of operation be from 9 AM to 8 PM, daily. Staff sees no major issue with this. RECOMMENDATION I Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve Conditional Use Permit 01 -9 subject to conditions and a twelve -month review period. Staff's recommendation is based upon the following: CUP 01 -9 15 1' Sr. ❑ Conditional Use Permit 01 -9 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a Public Land Use zoning designation for the subject property and permits uses which the City deems appropriate. The City has previously signed a lease agreement with River's End restaurant. 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. ❑ The building and property 15 1s St. are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Approval of Conditional Use Permit 01 -9 should be through the adoption of Resolution No. 02 -36, with the following conditions in place: 1. CUP # 01 -9 is approved for the ability to serve beer and wine for on sale consumption only. 2. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 3. All alcoholic beverages sold in conjunction with the on- premise- licensed establishment must be consumed entirely on the premises prior to closing time. None shall be sold as take -out. Consumption of alcoholic beverages is prohibited in the establishment's • parking area. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 4. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. 5. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: ❑ State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. ❑ The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. ❑ Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. ❑ Methods of dealing with intoxicated customers and recognizing under age customers. 6. The following organizations provide training programs, which comply with the above criteria: ❑ Provider: Department of Alcoholic Beverage Control CUP 01 -9 15 1•" St. Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558 -4101 Date: l st` Monday of each month Time: 10:00 a.m. to 1:30 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Santa Ana ❑ Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: Serving Alcohol Responsibly (BARCODE) Telephone: (714) 834 -2860 * Karen Keay Date: They will schedule appointments Cost: $12.95 per person 7. The hours of operation shall be 9 AM to 8 PM, 7 days a week. 8. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 9. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 10. 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. 11. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. 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. 12. 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 provisions of additional security measures. 13. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 14. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time. 15. The establishment 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 noise generated by the establishment, the Planning Commission reserves the right to schedule the subject CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. CUP 01 -9 15 1•" St. 16. This CUP 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 notarized and returned to the Planning Department; and until the ten (10) calendar -day appeal period has elapsed. 17. A modification of this CUP shall be applied for when: a. The establishment proposes to change its type of liquor license. 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 establishment. 18. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail- related problems are demonstrated to occur as a result of criminal or anti - social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 19. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance. He /she must maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 20. This CUP 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. 21. No alcoholic beverages shall be consumed on the beach. In no circumstance shall any alcohol be passed from patrons on the patio area to people on the beach. 22. The term of this permit shall be 12 months. At the end of the initial term, the commission may grant an indefinite extension provided that all the 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 paid to the city prior to consideration of an indefinite extension. CUP 01 -9 /5 Is' St. Mac Cummins 5P‘ ittenberg Associate Planner /Special Projects Manager ector of Development Servi s Attachments (4): 1. Proposed Resolution 2. Code Sections 3. Application 4. Plans CUP 01-9 151 "St. Attachment 1 RESOLUTION NUMBER 02 -36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 01 -9, ALLOWING THE SALE OF BEER AND WINE FOR ON PREMISES CONSUMPTION. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 26, 2001, Mike Balchin (the "Applicant ") filed an application with the Department of Development Services for Conditional Use Permit 01 -9, for the ability to sell beer and wine for on- premises consumption only. The application was deemed to be incomplete due to the applicant not having a valid lease with the City to operate the business at the site. After the applicant signed a lease with the City for the use of the building, the application was deemed complete and scheduled for hearing at the Planning Commission. Section 2. Pursuant to 14 Calif. Code of Regs. § 15301 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 01 -9 for the proposed sale of beer and wine is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in 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. Section 3. A duly noticed public hearing was held before the Planning Commission on August 22, 2001, to consider the application for CUP 01 -9. At the public hearing, staff informed the Commission that the applicant did not have a valid lease signed with the City. The matter was tabled until such time as the applicant had a valid lease and therefore a complete application. After completion of the lease and approval by the City Council, the applicant requested that the item be heard by the Planning Commission. A duly noticed public hearing was held before the Planning Commission on August 7, 2002. At the public hearing the applicant was in attendance, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of August 7, 2002 indicates the following: CUP 01 -9 15 1•" St. (a) On July 26, 2001, Mike Balchin submitted an application for CUP 01 -9 with the Department of Development Services. The application was deemed in complete due to the applicant not having a valid lease with the City to operate the business on City owned property. Upon signing a lease, the application was deemed complete and the item was rescheduled for public hearing at the Planning Commission on August 7, 2002. (b) Specifically, the applicant is proposing to sell beer and wine for on premises consumption only. (c) The subject restaurant contains approximately 868 sq. ft. There is also a, 1897 sq. ft. outdoor patio, and a 522 square foot covered patio. (d) The subject property is described as Orange County Assessor's parcel number 043 - 171 -02. (f) The surrounding land uses and zoning are as follows: ❑ EAST— Residential Housing in a Residential Low Density (RLD) zone commonly referred to as the "Gold Coast." ❑ WEST- San Gabriel River & Long Beach Marina ❑ NORTH — Vacant property on the old Department of Water and Power site in the DWP Specific Plan Zone ❑ SOUTH— Beach and Pacific Ocean in the Public Land Use /Recreation (PLU /R) zone. (g) Captain John Schaeffer of the Seal Beach police department said that he has no objections regarding the granting of this request. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28 -2002, 28 -2503 and 28 -2504 of the City's Code, the Planning Commission makes the following findings: ❑ Conditional Use Permit 01 -9 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a Public Land Use zoning designation for the subject property and permits uses which the City deems appropriate. The City has previously signed a lease agreement with River's End restaurant. 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. ❑ The building and property 115 1 St. are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 01 -9, subject to the following conditions: 1. CUP # 01 -9 is approved for the ability to serve beer and wine for on sale consumption only. CUP 01 -9 151s' St. 2. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 3. All alcoholic beverages sold in conjunction with the on- premise- licensed establishment must be consumed entirely on the premises prior to closing time. None shall be sold as take -out. Consumption of alcoholic beverages is prohibited in the establishment's parking area. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 4. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. 5. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: ❑ State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. ❑ The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. ❑ Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. ❑ Methods of dealing with intoxicated customers and recognizing under age customers. 6. The following organizations provide training programs, which comply with the above criteria: ❑ Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558 -4101 Date: 1st` Monday of each month Time: 10:00 a.m. to 1:30 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Santa Ana ❑ Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: Serving Alcohol Responsibly (BARCODE) Telephone: (714) 834 -2860 * Karen Keay Date: They will schedule appointments Cost: $12.95 per person 7. The hours of operation shall be 9 AM to 8 PM, 7 days a week. 8. No video games or similar amusements shall be permitted on the premises unless a separate conditional use pennit is approved for that use. CUP 01 -9 15 1" St. 9. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 10. 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. 11. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. 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. 12. 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 provisions of additional security measures. 13. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 14. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time. 15. The establishment 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 noise generated by the establishment, the Planning Commission reserves the right to schedule the subject CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 16. This CUP 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 notarized and returned to the Planning Department; and until the ten (10) calendar -day appeal period has elapsed. 17. A modification of this CUP shall be applied for when: d. The establishment proposes to change its type of liquor license. e. The establishment proposes to modify any of its current Conditions of Approval. f. There is a substantial change in the mode or character of operations of the establishment. 18. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail - related problems are demonstrated to occur as a result of criminal or anti - social behavior, CUP 01 -9 15 1•" St. including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 19. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance. He /she must maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 20. This CUP 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. 21. No alcoholic beverages shall be consumed on the beach. In no circumstance shall any alcohol be passed from patrons on the patio area to people on the beach. 22. The term of this permit shall be 12 months. At the end of the initial term, the commission may grant an indefinite extension provided that all the 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 paid to the city prior to consideration of an indefinite extension. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 22" day of August, 2001, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners David Hood, Ph.D., Chairman of the Planning Commission Lee Whittenberg • • Secretary of the Planning Commission CUP 01 -9 15 I" St. ATTACHMENT 2 CODE SECTIONS S 28 -2000 Seal Beach City Code S 28 -2003 Article 20. Public Land Use /Recreation Zone (PLU /R Zone) Section 28 -2000. Preamble. In order to provide the protection of open space lands and publicly used lands within the City, a designation of Public Land Use /Recreation (PLU /R) is deemed necessary. (Ord. No. 1357, S3) Section 28 -2001. Intent. The pubic land use zone is intended to provide a land use designation for publicly owned and publicly used buildings, public parklands and public open space areas. The zone is intended to protect parcels and /or areas which have been designated in the open space element to the general plan as providing either existing or proposed open space needs for the public. In addition to open space areas deemed necessary for the preservation of public health, safety and welfare, publicly owned buildings and facilities which are used by the public are also included within this zone. (Ord. No. 948) Section 28 -2002. Uses Permitted. The following uses are permitted in the public land_use (PLU) zone: (1) Public parks, parks, open space, green belts, beaches, piers, wildlife refuges, tidal marshlands, bicycle trails, nature trails, flood control basins, flood - control channels, parking lots or facilities, and earthquake fault buffer zones; (2) All buildings and facilities owned or operated by the city, county, state, United States Government and special assessment districts, such as a sanitation or water district, provided such buildings and facilities are used for public purpose; (3) Public schools, museums and other historical landmarks, sites, memorials or monuments; (4) Concessions and businesses when so designated and approved by the City Council, subject to all conditions imposed at the time of approval and located on public land; (5) Other public uses when found by the Planning Commission to be within the intent and contemplation of this article. (Ord. No. 948; Ord. No. 1011, S17; Ord. No. 1357, S4) Section 28 -2003. Landscaping. 10% of the site plus one (1) tree for each five (5) required parking stalls fully distributed throughout all private and public parking facilities. • (Ord. No. 1063, S4) 8300 (Seal Beach 12/94) CUP01 -9 151 "Sl. ATTACHMENT 3 Application - � : -4�. City of Seal Beach ..; ) ; IvA Department of Development Services y z�L - ; 211 Eighth Street, Seal Beach, CA 90740 `• :: fF` ':. . ; , .W.. - c ' Telephone: (562) -31 -2527 RECEIPT (`N.� 3�.�C�`N. 0 , • Date: 'TI l9 l� Received From: - Address: \ S --LCec �� - C •, �- ■.v-2C S � - = ... -. em : : . - - - -: _ ==-- _ - = : Deposit . = I Box�:�.l•� :.�� =:: : ;�- _::. - -. :: ::�: - -' ='.� � -: - =� ==:It =.- = 00 s 1 1 Appeal to City Council / Non - Public Hearing Matter $ 500 Appeal to City Council / Public Hearing Matter Approval (Coastal) $ 100 I Concept Ap, $ 500 t" Conditional use Permit (CUP) S 10 $ 5 00 Environmental Impact Report $ 1,000 I General Plan Amendment 5000 • Height Variation $ $ 250 Major Environmental Assessment (Initial Study $ 500 . Major Plan Review Maps ($2.50 per sheet) $ $ Microfilming pages @ $.15 per page $ 100 I Minor Environmental Assessment (Determination) $ 0 $ 1 Minor Plan Review Negative Declaration $ 500 200 $ $ Planning Commission Interpretation Planned Unit Development (PUD) 1,000 Pre- Application Conference 100 $ 75 Profile $ 50 Sign Application $ 2,000 I Specific Plan 500 Unclassified Use Permit (UUP) $ $ 500 Variance • Xeroxing ($1.50 setup _ $.15 per page) $ 1,000 Zone Change ocz � 0 1 - - 4 ' C) --° Amount to Be Paid $ SC) O Account = 0 001 - 330.17 Microfilming 001-35020 Planning Fees 001 -35011 Building Plan Check 001 -37004 Sale of Printed Material Paid: (Finance Department Stamp) - P A 1 D 'III 9 6 7001 - - - ....r... - -- - - -- _ _ _ _ _ _ - _ - - — _ __ c n !s n n c c d d u c u - _ ,;, S e c u r r t u rn e n: Sce e G n e k for d e t n t l s ���_ _ - �. - - _ � =saf— -- sue -- z _._ M.E BALCHIN COMPANY `L_,,.Q 0 \ - 6131 1I r DATA 7/„..., �? PAY 7,2________' l� C ��, (2:7,....-_ �� � , ORDER OF C '. - �.�� �! ! "i 1 (�i"� -� I $ 1•( t ��� ` i DOLLARS ,•.. a ..d A 111 CITY NATIONAL BANK 1 MARINA BRANCH i 6265 East Second Street 562- 936 -5800 7 E long Beach, CA 90803 ��/7 ZII FOR _ � :( . �-_'-. � g w � s 0 liPagE(44404,441.11( CITY OF SEAL BEACH 1011.1E4Wintrainillia 0 inti40A43 5 PUBLIC HEARING APPLICATION oe P.,,figir.:':,4.445§111111121111 ShingiallEMIROMINME ------------- FoR.:OFFicE --- -- - - . : . - - - ............. . :::•::: . .Date COMplete:. • . • • • ::•• .::::::::••:• .:•, ••:........:: • ::.:••:•...,•.....:.:::-.... . .. ::•:•:. . . .•.. : . . . 1. Property Address: t \ 2. Applicant's Name: Mk C141k v Address: _ Home Phone: Work Phone: EX) 4W 04: FAX: 62 3. Property Owner's Name: C. 1 = Address: ' ‘. t ‹ g 4 -k - Home Phone: te). 4. General Plan and Zoning Designation: 5. Present Use of Property: e.--- at - i - kt-) Ve 6. Proposed Use of Property: e "?..e-T.61- - 0 g.Pk-kri T;erf:te. lk-Nt \4110e 7. Request For: AfL 0 k) 91US v i€ UCCIOSe - r 4oues kw. t/T\ - P A c L 8. Describe the Proposed Use: iq r efeer 4 XA)1 -- 70 -a) VIA-N 4(Kgr,- 1\1\i-k) J 9. Describe how and if the proposed improvements are appropriate for the character of the surrounding neighborhood: - 1-1L-11100 - f - W . '6.p8 etacc" &-b-E AL WcOy �t/ y Newti1 kyb:Rarcreiri5E v■Acc- 'Reis2o1E v.) Mt TEftrz. Wvatl, Page 7 10. Describe how and if the approval of this Unclassified Use Permit would be detrimental in any way to other property in the vicinity: N o N >✓ 11. Proof of Ownership Staff is to attach here a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by the applicant. or Signed and notarized Owner's Affidavit to be completed and attached to the application. 12. Legal Description (or attach description from Title or Grant Deed): By: � 2 �2 r C�- �y (Signature of Applicant) (Signature of Applicant) (Pint Name) (Pint Name) (Date) (Date) ::.:... .....:.:.::*:....:. .:.:F9r Office CJte Ont .... - ..... . :Thus is to thatilh*.eihOet.t.ed the feregatig appticaf{on and: found.itto. be. therough arid oom #can€omsdo 'fhe; rules of the City of Seat Beach. gaveming the filing of an application foran Unclassified Use Permit • .:. IPrintisfame} ::::::.:.::::::: (Signature) :....::.; .:::;-(Print Title) . :- -- • ; Page 8 • Environmental Information and Checklist Form : .... .......... . . . .... .. . .i. Office Use On 1)i : :: : : : : . : ':••• " . .......... .... . . ...... . . : • ........ . • .. • • • . • : ...• . : : •.: : .:440ficakrit•Icc... . . Date *Fled: • •-• • • . . General Information 1. Name and address of Developer or Project Sponsor Name: IsAiLL I Address: City: - State: Zip: Telephone: FAX Srd ( 4306.qq 4 2. Address of Project: SI - fa-Ger t.- Packeirf Assessor's Parcel Number. 3. Name and address of Project Contact Person: Name: M LE4/4C-1.-- • - €:› 13 % L-C-14 I 1k) Address: City: State: Zi Telephone FAX s'2- 4 1 -7 .A5CCK5 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies : 1" iss Lc. Wc... 1 1-4 Ut) 6 5. Existing zoning: Existing General Plan: 6. Proposed use of site: ADD ,.., 1 )(\s 1/4A 4CTO 12-S o .37Ar Ly. Page 11 Project Description 7. Site size (square footage): qq Q-' 8. Square footage of proposed Project: Xt. ST1 N Cs 9. Number of floors of construction: 1 10. Amount of off - street parking provided: 1 51- greger ?Oaf Aw -r 11. Plans (attach) 12. Proposed scheduling: A c.-rw 13. Associated projects: ©1V 14. Anticipated incremental development: I 15. For residential projects, indicate the: A Number of units: " , A B. Unit sizes: C. Range of sale prices or rents: D. Household size(s) expected: 16. For commercial projects, indicate the: 1 A Type of project: ����� eA T( IA 1) oki GIG B. Whether neighborhood, city or region y oriented: .1,.p* 4401 C J .- C. Square footage of sales areas: 170 - lama, 2. ; 3 -10 ira D. Size of loading facilities: R 30 VA A. 7 17. For industrial projects, indicate the: A Type of project: Q. A B. Estimated employment per shift: C. Size of loading facilities: 18. For institutional projects, indicate the: IQ A Major function: - k. Page 12 B. Estimated employment per shift: C. Estimated occupancy: 1 22 EX — 1 - 1 ACT C� r fl j J& D. Size of loading facilities: 8X3c k -P E. Community benefits derived from the project:() 1 JC 1 JT?`1L . e AVE • +is 4 Watt -} 19. If the project involves a variance, conditional use permit/unconditional use permit, height variation or rezoning application, state this and indicate dearly why the application is required: Gcyvt rTl onr t- rr Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours? 21. Change in scenic views or vistas from existing residential areas or public lands or roads. X 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage pattems. 26. Substantial change in existing noise or vibration levels in the vicinity. X 27. Site on filled land or on slope of 10 percent or more. 28. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. Page 13 29. Substantial change in demand for municipal service (police, fire, water, sewage, etc.). 30. Substantially increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to larger project or series of projects. Environmental Setting 32. On a separate page, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. 33. On a separate page, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment homes, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity. Environmental Impacts (Please explain all "yes" and "maybe" answers on separate sheets.) YES MAYBE NO 34. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features ? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? Page 14 YES MAYBE NO f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the >(' ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 35. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature or any change in climate, either locally or regionally? 36. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage pattems, or the rate and amount of surface water runoff? J( c. Alteration to the course or flow of \ / flood waters? x d. Change in amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to temperature, dissolved oxygen or \ / turbidity? ' X \ f. Alteration of the direction or rate of flow of ground waters? Page 15 YES MAYBE NO g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or 1 /� excavations ? / X 1 h. Substantial reduction in the amount of water otherwise available for public water supplies? 1. Exposure of people or property to water- related hazards such as flooding or tidal waves? • j. Significant changes in the temperature, flow or chemical content of surface thermal springs? 37. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? —X-- 38. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects and microfauna)? Page 16 YES MAYBE N b. Reduction of the numbers of any unique, rare or endangered species �( or animals ? / \ c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 39. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to server noise levels? 40. Liaht and Glare. Will the proposal produce new light or glare? 41. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area. 42. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resource? b. Substantial depletion of any nonrenewable natural resource? 43. Risk of Upset. Will the proposal result in: a. A risk of explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the even of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? . X , Page 17 YES MAYBE NO 44. Population. Will the proposal alter the location, distribution, density, or growth rate /\( of the human population of an area? 45. }lousing. Will the proposal affect existing housing, or create a demand for additional housing? 46. Transportation/Circulation. Will the proposal result In: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, \ / or demand for new parking? /xl c. Substantial impact upon existing transportation systems? d. Alterations to present pattems of circulation or movement of people and/or goods ? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor \ l vehicles, bicyclists or pedestrians? 47. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? • d. Parks or other recreational facilities? e. Maintenance of public facilities, Including roads? f. Other governmental services? Page 18 YES MAYBE N 48. Enerrv. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increases in demand upon existing sources of energy, or require the development of new sources of energy? 49. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? • c. Water? • d. Sewer or septic tanks? e. Storm water damage? • V f. Solid waste and disposal? . 50. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazards (excluding mental health)? • b. Exposure or people to potential health hazards? 51. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 52. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Page 19 YES MAYBE NO b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 54. Mandatory Findinas of Sianificance a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant and animal or eliminate important examples of the major periods of Califomia history or prehistory? b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future.) Page 20 YES MAYBE NO c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may affect two are more separate resources where the Impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) • c. Does the project have environmental effects which will cause substantial adverse effect on human beings, either directly or indirectly? • • Page 21 NOTE:130f* a: Laad tan::accipt this. apirication Ai cdnipietc the oist porno the Fists Ri i4 EssOsis( :the dii*arniiiaii kiiiiit a Aigiied:itateriaiiii indicating ikhether•theiprojettiiiiiiinf afternatiV00 are idCat04:00"a:00 is itidluded i'dh:"ani and shit specifyinilisiii-: . • : ''' . .: .. .:..:... ....:, . .: ' :;ii ' :i '' ••.:: . :: . : .:: :::. :::::: . ,:•.::: : ::- Hazardous Waste and Substances Statement • The development project and any alternatives proposed in this application are contained on the lists complied pursuant to Section 65962.5 of the Govemment Code. Accordingly, the project applicant is required to submit a signed statement which contains the following information: . I-e --. 1. Name of applicant: /C - - 2. Street:: 3. City: / 4. Zip Code: - qt "°' _ ,__. _ (.- ... 5. Phone Number 6. Address of site (street and zip): .--- - ..f6ez."-- 7 5 / —&----- Cr P& .47 a: - / - y --- 9 1 -7 't • - ‘4" 7. Local Agency (city/county): / 8. Assessor's Parcel Number 9. Specify any Iist pursuant to Section 65962.5 of the Govemment Code: Ai- 4 10. Regulatory identification number A/4 11. Date of Iist:: ,- 4 , • /- ( z., •---ga,-- Date: i ', / Signature: Applicant: i»/C •C Page 23 NOTE: In the event that the project site and any altematives are not listed on any list complied pursuant to Section 65962.5 of the Govemment Code, then the applicant must certify that fact as provided below. I have consulted the lists complied pursuant to Section 65962.2 of the Government Code and hereby certify that the development project and any alternatives proposed in this application are not contained on these lists. Date: Signature: Applicant • • Page 24 Applicant's Affidavit • Radius Map for Public Hearing I, WuCE*A6L . 6A -LC4f /A , certify that on the day of S - , 1, I prepared an ownership /occupant list and radius map, which included properties and residential dwelling units entirely within or partially within three hundred feet (300') of the most exterior boundaries of the property being considered in the above - referenced case known as (address) 1— \ � 'Al- 4 Property Owners. The names and addresses listed were taken from the latest records of the Orange County Assessor. Such names are recorded in the records of the County Assessor as being the present owner(s) of both the property involved in said case and of property in the immediate vicinity thereto. Occupant Notification. I obtained the mailin. - d resses of occupants within 399' ' of the subject property in the followin •_ manner: _ . QQ.� % ' At ► .� •.PAAM certify that said ownership /occupant list and radius map are correct and accurate to the best of my knowledge. I also acknowledge that any errors in this information will constitute an incomplete application and may invalidate its approval. iv iLtiftl, 6. 15IAtaf / PRINT NAME APPLICANT'S SIGNATU E 26 sot, DATE • Page 25 PROPERTY OWNER'S AFFIDAVIT STATE OF CALIFORNIA } CITY OF SEAL BEACH } COUNTY OF ORANGE } (Iy(We) b1 0 seA L (Name) swear that (I am)/(we are) the owner of the property at: 51 S _ H � qo7 -o (Street Address) (City) (State) (ZIP) and that (I am)/(we are) are familiar with the rules of the City of Seal Beach for preparing and filing a Plan Review application. The information contained in the attached Plan Review application is correct to the best of (myy(our) knowledge and (I) /(we) approve of this application to do the following -work Colo D (fl 0/0A c 'kR W tr . 0O2 4N 0N- Sittt.L SVu,.'7�E2•i W /rJ.e, (Print Name) (Signature) (Date) (Address - Please Print) (City, State & Zip) (Telephone) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF Notary Public Page 26 Public Hearing — Appeal of Planing Commission Denial of Conditional Use Permit 01 -9, Beer & Wine Permit 15 I S ` St. August 21, 2002 ATTACHMENT 5 PUBLIC LAND USE / RECREATION ZONING STANDARDS 9 S 28 -2000 Seal Beach City Code S 28 -2003 'c .e 0. { b ' -nd -e - ec eat'on one - one Section 28 -2000. Preamble. In order to provide the protection of open space lands and publicly used lands within the City, a designation of Public Land Use /Recreation (PLU /R) is deemed necessary. (Ord. No. 1357, S3) ,Section 28 -2001. Intent. The pubic land use zone is intended to provide a land use designation for publicly owned and publicly used buildings, public parklands and public open space areas. The zone is intended to protect parcels and /or areas which have been designated in the open space element to the general plan as providing either existing or proposed open space needs for the public. In addition to open space areas deemed necessary for the preservation of public health, safety and welfare, publicly owned buildings and facilities which are used by the public are also included within this zone. (Ord. No. 948) Section 28 -2002. Uses Permitted. The following uses are permitted in the public land use (PLU) zone: (1) Public parks, parks, open space, green belts, beaches, piers, wildlife refuges, tidal marshlands, bicycle trails, nature trails, flood control basins, flood- control channels, parking lots or facilities, and earthquake fault buffer zones; (2) All buildings and facilities owned or operated by the city, county, state, United States Government and special assessment districts, such as a sanitation or water district, provided such buildings and facilities are used for public purpose; (3) Public schools, museums and other historical landmarks, sites, memorials or monuments; (4) Concessions and businesses when so designated and approved by the City Council, subject to all conditions imposed at the time of approval and located on public land; (5) Other public uses when found by the Planning Commission to be within the intent and contemplation of this article. (Ord. No. 948; Ord. No. 1011, S17; Ord. No. 1357, S4) ,Section 28 -2003. Landscaping. 10% of the site plus one (1) tree for each five (5) required parking stalls fully distributed throughout all private and public parking facilities. (Ord. No. 1063, S4) 8300 (Seal Beach 12/94)