HomeMy WebLinkAboutCC Res 5070 2002-10-28
RESOLUTION NUMBER~
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH
CONDITIONALLY APPROVING CUP NO. 01-9
FOR THE SALE OF BEER AND WINE FOR ON
PREMISES CONSUMPTION
THE CITY COUNCIL 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 City of Seal Beach for Conditional Use Permit 01-9 to sell beer and
wine for on-premises consumption on property owned by the City of Seal Beach. The
Plannmg Commission demed the application on August 21, 2002. The applicant filed a
timely appeal With the City Clerk, and the matter was heard by the City Council on
October 14,2002.
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Section 2, Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ I1,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 wme 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 mvolve either a,property m excess of
20% slope or a change in land use or density. '
Seclion 3. A duly nolieed de /lOVO public hearing was held before the
City Council on October 14, 2002. At the public hearing the apphcant was in attendance,
With persons appearing both in favor of and in opposition to the request.
Section 4.
The record of the hearing of October 14,2002 indicates the
followmg:
(a) The applicant is proposing to sell beer and wine for on premises
consumption in an existing restaurant. The subject restaurant contains approximately 868
sq. ft of interior space, a 1897 sq, ft, outdoor patio, and a 522 square foot covered palio,
The subject property is Orange County Assessor's parcel number 043- I 7 I -02.
(b) The surrounding land uses and zoning are as follows:
[J EAST - Parkmg lot in Public Land Use/Recreation (PLU) zone
[J WEST- San Gabnel River
[J NORTH - Parking lot and Vacant property
[J SOUTH- Beach and Pacific Ocean in PLU zone.
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(c) The Seal Beach Pohce Department expressed no objections regarding
the granting of this request. The applicant has operated a restaurant at the proposed
location for over 5 years Without any incidents. There was no evidence presented which
would mdicate that the ~ale of beer and wine would create traffic congeslion m the
vicmity.
(d) The closest residence to the area proposed for the conditIOnal use is
approximately 600 feet away. The restaurant has ample parking for any increase in
patronage created by the sale of beer and wine,
(e) The City owns the property where the restaurant is located.
Resolution Number~
Section 5. Based upon the facts contained in the record, includmg
those stated in ~4 of this resolution and pursuant to ~~ 28-2002, 28-2503 and 28-2504 of
the City's Code, the City Council makes the following findings:
a As conditioned, Conditional Use Permit 01-9 IS consistent with the provisions of
the Land Use Elcrnent 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, and the City has previously determmed that, properly conditioned,
restaurants serving beer and wine are appropnate uses in the PLU zone. 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.
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a The building and property 115 1st St. are adequate in size, shape, topography and
location to meet the needs of the proposed use of the property, There is ample
parking to accomrnodate any increase in patronage created by the sale of beer and
wme.
a As conditioned, the sale of beer and wine at an existing restaurant is compatible
with surrounding uses. The site is surrounded by uninhabited areas such as vacant
land, parking spaces, the beach and the San Gabriel River. The closest house is
over 550 feet away from the restaurant. The typical problems associated with the
sale of beer and wine - noise, litter, crirne, traffic congestion and demand on
limited parking - are not currently present at the Site, and there was no evidence
that any potential increase m patronage created by the sale of beer and wine
would create such problems.
a While all those who spoke agreed that the Applicant has established a proven
record of improving the area and being a strong contributor to the community,
some speakers expressed the concern that any subsequent operator may violate
the terms of this approval. To alleviate those concerns, the council Imposed the
conditions set forth below.
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Section 6. Based upon the foregoing, the City Council hereby
conditionally 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.
2. The applicant shall comply with all restrictions placed on the license issued by the
State of California's Department of Alcohohc 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
m the establishrnent's parking area, There shall be posting of SignS both inside
and outside the hcensed premises mdicatmg that law prohibits drinking outside
the licensed premises,
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4. It shall be the responsibility of the applieantllicensee 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 melude, but not be limited to the followmg topics and skills
development:
Resolution Nwnber S; 10
D 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.
D The potential legal liabilllies of owners and employees of bUSinesses
dispensing alcoholic beverages to patrons who may subsequently injure, kill,
harm themselves or innocent vlctirns as a result of the excessive consumption
of alcoholic beverages,
D 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 recogmzmg under age
customers.
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6. The following organizations provide training programs, which comply with the
above criteria:
D Provider:
Program'
Telephone:
Date:
Time:
Cost:
Place:
D Provider:
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Program:
Telephone:
Date:
Cost:
DlWartment of Alcoholic Beveral!e Control
Licensee Educal10n on Alcohol & Drugs (LEAD)
(714) 558-4101
1 stt Monday of each month
10:00 a.m. to 1 :30 p,m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
Orange County Health Care Al!encv
Alcohol & Drug Eduealion Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860'" Karen Keay
They will schedule appomtments
$12,95 per person
7. The Apphcant may not be open for business before 9 AM or after 8 PM each day,
8, No video games or similar amusements shall be permitted on the premises unless
a separate conditional use permit is approved for that use.
9. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from withm, promol1ng or mdieating the availability of
alcoholic beverages.
10. There shall be a minimum 4 foot high wall surrounding the outdoor patio. No
alcoholic beverages shall be passed frorn one side of the wall to the other,
II. The applicant will prominently display these ConditIOns of Approval in a location
withm the businesses' customer area that is acceptable to the Director of
Development Services.
12. Litter and trash receptacles shall be located at convenient locations jnside and
outside the establishment Operators of such estabhshments shall remove trash
and debris on an appropriate basis so as not to cause health problems, There shall
be no dumping of trash and/or glass bottles outside the establishment between the
hours of 10:00 p,m. and 7:00 a.m,
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13. In the event staff determmes security problems exist on the site, the Conditions of
this permit may be amended, under the procedures of The Code of the CllV of
Seal Beach, to require the provisions of additional security measures,
14 The establishment must serve a complete rnenu of food until thirty (30) minutes
pnor to closing lime.
15. There shall be no hve entertainment, amplified music, or dancing permitted on the
premises at any time.
Resolution Number ~11~
16. The establishment shall comply with Chapter 13D, "NOise Control", of The Code
of the Citv of Seal Beach as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding nOl$e generated
by the establishment, the Planning Commission reserves the nght to schedule the
subject CUP for reconsideralion and rnay require the applicant/operator to
mitigate the noise level to comply with the provisions of Chapter 13D.
17 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 Developrnent Services, or notarized and returned to the
Planning Department; and until the ten (10) calendar-day appeal period has
elapsed.
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18. 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
Appro,:,aJ.
c. There is a substantial change in the rnode or character of operations of the
establishment.
19. The Planning Commission reserves the nght to revoke or modify this CUP
pursuant to Arlicles 25 and 28 of The Code of the Citv 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.
20, Whenever the outdoor dming 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
dmmg area does not create a public nUisance contrary to public welfare and
morals.
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21. This CUP shall become null and void unless exercised within one (I) year of the
date of final approval, or such extensIOn of time as may be granted by the
Planmng Commission pursuant to a written request for extension submitted to the
Department of Developrnent Services a minirnum of ninety (90) days prior to
such expiralion date.
22, No alcoholic beverages shall be consumed on the beach. In no circumstance shall
any alcohol be passed from patrons on the palio area to people on the beach.
23. The term of this permit shall be 12 months. At the end of the lmtial term, the
Planmng Commission may deny, grant or conditionally grant an indefimte
extensIOn. The Commission may grant an extension only if it finds 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 applicalton and
accompanying fee must be paid to the city prior to conSideration of an indefinite
extension,
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24. Any suecessor-in-interest or subsequent operator must apply for a conditional use
permit prior to selling beer, wine or any other alcoholic beverage,
Section 7. The lime within which to challenge this decision is governed by Section 1-13
of the Code of the City of Seal Beach and California Code OfClVll Procedure 1094,6.
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Resolution Number ~
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PASSED~OVED A~ J\~I}OPTED by the City Council of the City of Seal
Beach thi " day of u..er~ 2002 by the follo~in1 vote:
AYES: CouncllMembe _4.a,MJi)!I( ,/J;:.~ -~. - ./ / ~
'f ~~/
NOES: Council Members
ABSENT:
Council Members
ABSTAIN: Council Members
~ hoo-n
Mayor
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, ~1~y certify that
the foregoing ResolUl1on is the onginal copy ofResoluhon Number on file m the
office of the City Clerk, passed, approved, and a$jpted by thm~u~e City of
Seal Beach at a meetmg thereof held on therJt!J. day of , 2002.
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Resolution Number ~'1t'
PROOF OF PUBLlCA~
(2015,S C.C,P,)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled maller,
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of'
said newspaper and not in any :
\" "
supplementthereof-Q.,!~ t~e .f911ow1n9
dates, to-wit:
CJ }Z ((J
all in the year 2002,
Proof of Publication of
...............................................
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..........................~....................
..'
NOTICE OF ,
PUBLIC HEARING
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
N011CE IS HEREBY OIVEN IhalIho
Cny Council of the CITY OF SEAL
BEACH, wll hold a public heanng on
Monday, Oclober 14. 2002, al 7 00
P m In the Clay Council Chambers
211 EIghth Streo~ So" Booch, Co.:
fomla, to consider Ihe Iol!owing lIem
APPEAL OF CONDITIONAL USE
PERMIT 01-8 ON-PREMISE SALE
OF BEER AND WINE
15 Firs. Street. ,
(Alver'. End Rn18ur.nl)
REOUEST Appeal oltha Planning
CommissIOn damal 01 8 Condllronal
Use Permit requBst to mpJement the
sale 01 beer & wine for on..yla al an
exlstmg r8slauranlBl15 First Street
(River's End Aeslaurant) The BDDII-
cant . proposing to sell beer and WIne
lor on-sale consumpllon until 8 PM
rII!lhlly .,
ENYIRONMENTAL REVIEW: This
proJecllS estegoneslly exempl from
CECA review
CODE SECTIONS: 21-2002: 21-
2503, 28-2504, .,
APPLICANT/APPELLANT: Mlko
Balelun
OWNER, City of Seal Boach
Althe above bme EII1d ~BC8 dUlIer-
asled personl may be heard If 10
dos,rec! K jtlU chanonge lhe proposod
schons In court, you may belmlled 10
181"'11 only Ihosa ~s jtlU "'.......
on. else raised at the pubhc hearing
descnbed In 111I1 notice, or In wrlnen
correspondence dellvsred 10 Ihe City
01 Seal8each ai, or prlor 10, Ihe pub-
lic hoorlng .
DATED THIS 23" de; of Soplomber,
2002
Joanne VIO -
CIty Clork. Cdyof Soal Boach .
Publshod kllho S80J _ SUn Jour.
nal, 912612002 . ....
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.
Dated tpeal Beach, C/'.. L _(
this~day of ct: fdUJ,l ,2002.
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PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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