HomeMy WebLinkAboutPC Res 11-24 - 2011-08-17 RESOLUTION NUMBER 11-24 ORIGINAL
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 11-10
FOR THE ESTABLISHMENT OF A TYPE 41 (ON-
SALE BEER AND WINE-EATING PLACE) ABC
LICENSE IN CONJUNCTION WITH AN EXISTING
RESTAURANT WITHIN THE GENRAL
COMMERCIAL (GC) ZONE AT 12430-E SEAL
BEACH BOULEVARD (BAMBOO GRILL AND
SUSHI).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 6, 2011, Joanne Soonduck Kim ("the applicant") filed
an application for Conditional Use Permit 11-10 with the Department of Development
Services.
Section 2. The applicant is requesting approval to permit the on-
premise sale of beer and wine (Type 41 ABC license) at a sit-down restaurant (Bamboo
Grill and Sushi) located in the Old Ranch Town Center at 12430-E Seal Beach
Boulevard.
Section 3. Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 11-10 for the
requested land use entitlements at an existing sit-down restaurant is categorically
exempt from review pursuant to the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on August 17, 2011, to consider the application for Conditional Use Permit
11-10. At the public hearing the Planning Commission received written and oral
evidence on the proposed project.
Section 5. The record of the public hearing of August 17, 2011
indicates the following:
(a) On July 6, 2011, Joanne Soonduck Kim filed an
application for Conditional Use Permit 11-10 with the Department of Development
Services requesting approval to permit the on-premise sale of beer and wine (Type 41
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Planning Commission Resolution No. 11-24
Conditional Use Permit 11-10
1 tin 12430-E Seal Beach Boulevard(Bamboo Grill and Sushi)
,a ' August 17, 2011
'AA t ABC license) at an existing sit-down restaurant (Bamboo Grill and Sushi) located in the
Old Ranch Town Center at 12430-E Seal Beach Boulevard.
(b) The applicant is requesting approval to permit the on-
premise sale of beer and wine (Type 41 ABC license) at an existing sushi restaurant
and grill located in the Old Ranch Town Center at 12430-E Seal Beach Boulevard.
(c) The subject property is located in the Old Ranch
Town Center development.
(d) The subject lease space is located just east of Seal
Beach Boulevard, between Z-Pizza and Jamba Juice, and is approximately 1,545
square feet in area.
(e) Surrounding land uses and zoning are as follows:
NORTH: To the north of the subject lease space are additional lease spaces
within the Old Ranch Town Center, in the General Commercial
(GC) Zone. Further north are residential properties within the City
of Seal Beach and City of Los Alamitos.
SOUTH: Additional lease spaces within the Old Ranch Town Center in the
General Commercial (GC) Zone; Old Ranch Country Club Golf
Course.
WEST: Commercial/Retail lease spaces in the Shops at Rossmoor
commercial development, within the General Commercial (GC)
Zone.
EAST: Additional lease spaces within the Old Ranch Towne Center in the
General Commercial (GC) Zone; Old Ranch Country Club Golf
Course.
(f) As of August 11, 2011, Staff has received no
comments, written or otherwise, in response to the public hearing notices that were
direct mailed and published with regard to this application.
Section 6. Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to Chapters 11.2.10.010; 11.4.05.015;
and 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the
following findings:
(a) Conditional Use Permit 11-10 is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
"Commercial-General" designation for the subject property and permits alcohol sales
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Planning Commission Resolution No. 11-24
Conditional Use Permit 11-10
12430-E Seal Beach Boulevard(Bamboo Grill and Sushi)
August 17, 2011
and consumption subject to the issuance of a Conditional Use Permit. The use as a sit-
down restaurant with on-premise beer and wine sales is also consistent with the
remaining elements of the City's General Plan as the policies of those elements are
consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use
is consistent with the General Plan.
(b) The proposed use is conditionally permitted within the
General Commercial (GC) zone and complies with all other applicable provisions of the
Municipal Code.
(c) The building and property at 12430-E Seal Beach
Boulevard are adequate in size, shape, topography and location to meet the needs of
the use of the property.
(d) The location and operating characteristics of the
proposed use is compatible with the character of the surrounding neighborhood, and
would not adversely affect uses and properties in the surrounding neighborhood.
(e) The establishment, maintenance, and operation of the
proposed use at the subject location would not be detrimental to the health, safety, and
welfare of persons residing or working in the vicinity of the proposed use.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 11-10, subject to the following conditions:
1. Conditional Use Permit 11-10 is approved for an approximately 1,545 square foot
sit-down restaurant with Department of Alcoholic Beverage Control (ABC)
License Type 41, On-premise Sale of Beer and Wine — Eating Place, at 12430-E
Seal Beach Boulevard.
2. The hours of operation for the premises shall be 11:00 a.m. to 9:00 p.m., seven
days a week.
3. The applicant shall comply with all restrictions placed on the license issued by
the State of California's Department of Alcoholic Beverage Control (ABC) and a
copy of said approved license shall be filed with the Department of Development
Services as soon as the license is received by the applicant from ABC.
4. All alcoholic beverages sold in conjunction with the on-premise licensed
establishment must be consumed entirely on the premises prior to closing time,
except where the establishment's license provides for off-premise sales.
Consumption of alcoholic beverages is prohibited in the establishment's parking
area or any adjoining, non-approved seating areas. There shall be posting of
signs both inside and outside the licensed premises indicating that law prohibits
drinking outside the licensed premises.
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Planning Commission Resolution No. 11-24
Conditional Use Permit 11-10
12430-E Seal Beach Boulevard(Bamboo Grill and Sushi)
August 17, 2011
5. There shall be no outdoor seating located at the premises.
6. 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.
7. The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limited to the following topics and skills
development:
a. 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.
b. The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons, who may subsequently injure,
kill, or harm themselves or innocent victims as a result of the excessive
consumption of alcoholic beverages.
c. Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
d. Methods of dealing with intoxicated customers and recognizing under age
customers.
8. The following organizations provide training programs, which comply with the
above criteria:
a. 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 1:00 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ana
b. Provider: Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Program: California Coordinating Council for Responsible Beverage
Service (C3RBS)
Telephone: (714) 834-2860 * Karen Keay
Cost: $12.00 per person * Tax Deductible
For special events training
c. Provider: Orange County Health Care Agency
Program: Project Path
Telephone: (714) 895-9088 * Irene Glenday
Cost: Free
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Planning Commission Resolution No. 11-24
Conditional Use Permit 11-10
12430-E Seal Beach Boulevard(Bamboo Grill and Sushi)
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9. No commercial deliveries or trash disposal activities may occur in association
with the operation of this business facility between the hours of 10:00 p.m. and
7:00 a.m.
10. No video games or similar amusements shall be permitted on the premises.
11. Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while not unreasonably disturbing surrounding
commercial areas.
12. The establishment shall have a public telephone listing.
13. 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.
14. In the event staff determines security problems exist on the site, the Conditions
of this permit may be amended, under the procedures of The Code of the City of
Seal Beach, to require the provision of additional security measures.
15. There shall be no live entertainment, amplified music, or dancing permitted on
the premises at any time, unless specifically authorized by a Conditional Use
Permit issued by the City and unless such uses are consistent with the license
conditions imposed by ABC or a Special Activities permit is issued to the
applicant by the City.
16. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal
Beach Municipal Code, as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
17. A modification of this Conditional Use Permit 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 Conditional
Use Permit pursuant to 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
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Planning Commission Resolution No. 11-24
Conditional Use Permit 11-10
12430-E Seal Beach Boulevard(Bamboo Grill and Sushi)
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behavior, including but not limited to the congregation of minors, violence, public
drunkenness, vandalism, solicitation and/or litter.
19. This Conditional Use Permit shall become null and void unless exercised within 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 90 days prior to such
expiration date.
20. This Conditional Use Permit shall not become effective for any purpose
unless/until a City "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Development Services, or notarized
and returned to the Planning Department; and until the 10 calendar-day appeal
period has elapsed.
21. The term of this permit shall be 12 months. At the end of the initial term, the
applicant may apply to the City for an extension of Conditional Use Permit 11-10.
The Planning Commission may grant an indefinite extension provided that all
Conditions of Approval have been met and no significant police or other
problems have occurred. The applicant is hereby advised that a new application
and accompanying fee must be submitted to the City prior to consideration of an
indefinite permit.
22. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
23. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
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Planning Commission Resolution No. 11-24
Conditional Use Permit 11-10
12430-E Seal Beach Boulevard(Bamboo Grill and Sushi)
August 17, 2011
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 17th day of August 2011, by the following vote:
AYES: Commissioners Massa-Lavitt, Everson, Galbreath, and Goldberg
NOES: Commissioners None
ABSENT: Commissioners Cummings
ABSTAIN: Commissioners None
5(44/ // )04—vit .
Sandra Massa-La
Chairperson, Planning Commission
Mark Persico,
Secretary, Planning Commission
* * * * *
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