HomeMy WebLinkAboutPC Res 11-25 - 2011 10-19 RESOLUTION NUMBER 11-25
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT NO. 11-11 , FOR THE
ESTABLISHMENT OF A TYPE 41 (ON-SALE
BEER AND WINE - EATING PLACE) ABC
LICENSE IN CONJUNCTION WITH AN
EXISTING RESTAURANT WITHIN THE
SPECIFIC PLAN REGULATION (SPR) ZONE
AT 2365 SEAL BEACH BOULEVARD #106.
SEAL BEACH (YASAI JAPANESE GRILL)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On August 31, 2011, Yunkee Min So ("the applicant") filed
an application for Conditional Use Permit 11-11 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
(Yasai Japanese Grill) located in the BIDS Specific Plan Regulation zone at 2365
Seal Beach Boulevard #106.
Section 3. Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 11-11 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 October 19, 2011, to consider the application for Conditional Use
Permit No. 11-11. 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 October 19, 2011
indicates the following:
a. On August 31, 2011, Yunkee Min So filed an
application for Conditional Use Permit 11-11 with the Department of
Development Services requesting approval to permit the on-
premise sale of beer and wine (Type 41 ABC license) at an existing
Planning Commission Resolution No. 11-25
Conditional Use Permit 11-11
2365 Seal Beach Blvd. #106 (Yasai Japanese Grill)
October 19, 2011
sit-down restaurant (Yasai Japanese Grill) located at 2365 Seal
Beach Boulevard #106.
b. The subject property is located within the
Boeing Integrated Defense Systems (BIDS) Specific Plan zone —
Planning Area 4, south of Westminster Avenue and west of Seal
beach Boulevard.
c. The subject lease space is located between an
existing Subway restaurant and Anytime Fitness, and is
approximately 1,500 square feet in area.
d. Surrounding land uses and zoning are as
follows:
NORTH: Hampton Inn hotel; across Westminster
Avenue, commercial businesses and United
States Post Office in the Service Commercial
(C-1) zone and the General Commercial (C-2)
zone, and the residential neighborhood of
Leisure World in the Residential High
Density/Planned Development (RHD/PD) zone.
SOUTH: Boeing parking lot; and across Seal Beach
Boulevard, the Seal Beach Naval Weapons
Station in the Public Land Use/Recreation
(PLU/R) zone.
EAST: Commercial businesses in the General
Commercial (C-2) zone; and across Seal
Beach Boulevard, the Seal Beach Naval
Weapons Station in the Public Land
Use/Recreation (PLU/R) zone.
WEST: Boeing parking lot; and facilities and buildings
in the Boeing Integrated Defense Systems
(BIDS) Specific Plan (SPR) zone.
e. As of October 13, 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;
11.3.25.005; 11.4.05.015; and 11.5.20 of the Code of the City of Seal Beach, the
Planning Commission makes the following findings:
Planning Commission Resolution No. 11-25
Conditional Use Permit 11-11
2365 Seal Beach Blvd. #106 (Yasai Japanese Grill)
October 19, 2011
a. CUP No. 11-11 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "Specific Plan
Regulation" designation for the subject property and permits alcohol
sales 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 Specific Plan
Regulation (SPR) zone and complies with all other applicable
provisions of the Municipal Code.
c. The building and property at 2365 Seal Beach Boulevard #106 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 No. 11-11, subject to the following conditions:
1. Conditional Use Permit 11-11 is approved for an approximately 1,500
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 2365 Seal Beach Boulevard #106.
2. The maximum 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
Planning Commission Resolution No. 11-25
Conditional Use Permit 11-11
2365 Seal Beach Blvd. #106 (Yasai Japanese Grill)
October 19, 2011
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.
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)
Planning Commission Resolution No. 11-25
Conditional Use Permit 11-11
2365 Seal Beach Blvd. #106 (Yasai Japanese Grill)
October 19, 2011
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
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
Planning Commission Resolution No. 11-25
Conditional Use Permit 11-11
2365 Seal Beach Blvd. #106 (Yasai Japanese Grill)
October 19, 2011
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 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 11-11. 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
Planning Commission Resolution No. 11-25
Conditional Use Permit 11-11
2365 Seal Beach Blvd. #106 (Yasai Japanese Grill)
October 19, 2011
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of
the City of Seal Beach at a meeting thereof held on the 19th day of October,
2011, by the following vote:
AYES: Commissioners Massa-Lavitt, Cummings, Everson, Galbreath, and
Goldberg
NOES: Commissioners None
ABSTAIN: Commissioners None
ABSENT: Commissioners None
i' ,2'.144— ,C
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Mark Persico, AICP
Secretary of the Planning Commission