HomeMy WebLinkAbout2 - CUP 14-8 981 PCH SEAt PLANNING COMMISSION
ITEM NUMBER
STAFF REPORT
O
2
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: February 17, 2015
SUBJECT: PUBLIC HEARING
REQUEST FOR CONDITIONAL USE PERMIT
(CUP 14-8) TO SERVE BEER AND WINE
(TYPE 41 ALCOHOL LICENSE) IN
CONJUNCTION WITH A PROPOSED
SANDWICH SHOP WITH OUTDOOR DINING.
LOCATION: 981 PACIFIC COAST HIGHWAY
APPLICANT: LARRY DRUM
RECOMMENDATION: After conducting the Public Hearing, staff
recommends that the Planning Commission
adopt Resolution No. 15-4, Approving
Conditional Use Permit 14-8.
Conditional Use Permit 14-8
981Pacific Coast Highway
Page 2 of 5
GENERAL PLAN DESIGNATION: COMMERCAIL - SERVICE
ZONE: SC (SERVICE COMMERCIAL)
SITE DESCRIPTION:
Assessor's Parcel Number: 043-260-05
Lot Area: 345,004 square feet (7.92 acres)
Building Floor Area (Restaurant): 1,526 square feet
Surrounding Properties: North: Residential
South:Commercial
East: Residential
West: Commercial
ENVIRONMENTAL ASSESSMENT:
Pursuant to the State of California Public Resources Code and State Guidelines forthe
California Environmental Quality Act (CEQA), the Community Developrnent Department
has determined that the proposed project is categorically exempt from further
environmental review per Section 15303(c), conversion of a small structure to a restaurant
of the State CEQA Guidelines.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
February 6,2015 and mailed to property owners and occupants within a 500' radius of the
subject property on February 5, 2015, with affidavits of publishing and mailing on file.
VICINITY MAP- AERIAL MAPi
City of Se I Beach
.—Mill
Conditional Use Permit 14-8
981 Pacific Coast Highway
Page 3 of 5
BACKGROUND:
The existing detached building to be occupied by Dave's Cosmic Subs was previously
occupied by The Daily Grind Espresso Coffee Shop. The coffee shop closed in 2012 and
the building has remained vacant since then.
ANALYSIS:
The subject site is located on the north side of Pacific Coast Highway at 981 Pacific Coast
Highway in the Service Commercial (SC) zone. The property is developed with a multi-
tenant shopping center approximately 100,000 square feet in size. The center is anchored
by a Pavilions grocery store and CVS drug store. , single-family residences are located to
the north and east of the commercial center with commercial uses to the west and across
Pacific Coast Highway to the south.
The property owner is requesting that a Conditional Use Permit (CUP) be granted in
conjunction with a prposed sandwich shop to serve beer and wine and to replace the
existing drive through with an outdoor seating and eating area with over 12 seats.
The applicant proposes to operate a submarine sandwich shop within the existing 950
square foot tenant space formerly occupied by The Daily Grind Espresso Coffee Shop.
The applicant will perform minor tenant improvements to create a kitchen prep area and
counter. The existing drive through area will be converted into a 576 square foot outdoor
eating area with decorative paving and surrounded by a raised planter and wrought iron
railing.
The City of Seal Beach Municipal Code, Section 11.4.05.015 requires each alcoholic
beverage establishment to obtain approval of a CUP prior to issuance of an Alcoholic
Beverage Control (ABC) License from the State of California. The location of the
establishment is over 100 feet away from sensitive land uses such as residences, religious
facilities, parks and other similar uses. The proposed outdoor eating area is located
between the restaurant and the multi-tenant commercial building which will reduce any
noise from the outdoor eating area before it reaches any sensitive receptors. On-site
alcohol consumption will be restricted to the limited service restaurant and outdoor dining
area only. The establishment will be required to comply with all policies pertaining to
alcohol uses.
Additionally, the Municipal Code, Section 11.4.05.090 (D) permits outdoor dining areas
subject to approval of a CUP when the outdoor dining or seating area exceeds 12 seats.
The proposed configuration of the outdoor dining and seating area proposes 24 seats with
tables. The outdoor dining will be separated from the adjacent drive aisle by a 4 foot wide
landscape planter and wrought iron fencing that matches existing fencing within the center.
The building exterior elevations will be enhanced to be architecturally compatible with the
center. The Applicant has indicated that there will not be any amplified music played
outside. The sandwich shop will be open from 10:30 a.m. to 10:00 p.m. Monday through
Saturday and 10:30 a.m. to 9:00 p.m. on Sunday.
Conditional Use Permit 14-8
981 Pacific Coast Highway
Page 4 of 5
The shopping center operates on a City approved shared parking anaylsis. A parking
analysis was prepared for the center in conjunction with a remodel,that was completed in
2008. The parking analysis determined the shared parking ratio for the center based on
existing and proposed uses. The parking analysis was prepared by Linscoft Law &
Greenspan dated March 16, 2006 with subsequent revisions after 2008 that stated at peak
demand it is estimated the center would only utilize 416 of the 419 parking spaces currently
located on the site. A Land Use Summary dated August 4, 2008 was provided as part of
the revisions to the parking analysis. The land uses on site today compared with ones in
the 2008 summary have not changed much as they relate to the types or mix of uses. The
major change was that a hair salon with 11 stations vacated the site and a retail use took
over the 939 square foot suite. The business change reduced the parking demand by 19
spaces since the Municipal Code requires hair salons to provide 2 parking spaces for each
salon station and the new retail space at I parking space per 300 square-feet of gross floor
area is required 3 parking spaces The table below indicates the required number of
parking spaces for the sandwich shop and outdoor dining area.
Table
Sandwich Shop with Outdoor Dining
Type of Use Gross Floor Parking Ratio: Parking Parking
Area Ratio required Provided
(sq.ft.)
Restaurant w/ 1,526 1 spc/100 sq.ft. 15 15
Outdoor dining of Gross Floor
Area (gfa)
The 950 square foot pad building was included in the 2006 Parking Demand Analysis so
with a total of 1,526 square feet the proposed uses would require 5 additional parking
spaces. The site can accommodate the increase because of the reduction in the parking
demand created by the hair salon moving out.
The proposed use is in compliance with the General Plan Service Commercial Land Uses
definition that encourages commercial centers to provide a broad range of retail and
service needs for the community. The addition of the restaurant with an outdoor dining and
seating area along with the service of beer and wine complements the food menu items
and, demonstrates expanded service and eating uses that caters to customers that
frequent the center.The use is allowed contingent upon the Commission's approval of the
CUP application and the use is physically adequate and compatible with the existing
commercial center and the surrounding areas without impacting the center.
Conditional Use Permit 14-8
981Pacific Coast Highway
Page 5 of 5
CONCLUSION:
After conducting the public hearing and receiving public testimony, staff recommends that
the Planning Commission adopt attached Resolution No. 15- 4 Approving CUP 14-8 to
permit the service of beer and wine with a Type 41 Alcohol License in conjunction with a
proposed sandwich shop and outdoor dining.
Prepared by:
Steve Fowler Jim 13 ' ham w:
Assistant Planner—Community Development Direct�r of Co U*, Developmehf-';, a
Attachments 3:
1. Resolution No. 15-4—A Resolution of the Planning Commission of the City of Seal Beach
Approving Conditional Use Permit 14-8 to permit the service of beer and wine with the
addition of an outdoor dining and seating area at an existing restaurant at 981 Pacific Coast
Highway.
2. Site Plan and Floor Plan
3. Business Description
RESOLUTION NO. 15-4
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE
PERMIT 14-8 PERMITTING THE SERVICE OF
BEER AND WINE AND ESTABLISHMENT OF AN
OUTDOOR DINING AND SEATING AREA AT AN
EXISTING RESTAURANT AT 981 PACIFIC COAST
HIGHWAY
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. On February 17, 2015, Larry Drum submitted an application to the
City of Seal Beach Department of Community Development for Conditional Use Permit
(CUP) 14-8 for the servicing of beer and wine and the establishment of an outdoor
dining and seating area at an existing restaurant within an existing commercial shopping
center, at 981 Pacific Coast Highway (the "subject property"), which is located in -the
Service Commercial (SC) Zone.
Section 2. Pursuant to the State of California Public Resources Code and
State Guidelines for the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the proposed project is categorically
exempt from environmental review per Section 15303(c) conversion of a small structure
to a restaurant of the State CEQA Guidelines.
Section 3. A duly noticed public hearing was held before the Planning
Commission on February 17, 2015 to consider the application for CUP 14-8. At the
public hearing, the Planning Commission received and considered all evidence
presented, both written and oral, regarding -the subject application. The record of -the
public hearing indicates the following:
A. The subject site is within the Seal Beach Center located at the
north east corner of Pacific Coast Highway and Bolsa Avenue. The site consists of 3
parcels totaling 345,004 square-feet (7.92 acres) with over 100,000 square feet of
mixed retail and restaurant uses. The subject property has a 950 square foot detached
building with a drive through. The subject site is surrounded by residential uses to the
north and east, while there are commercial uses to the west and south. The subject
property is located in the Service Commercial (SC) zone.
B. The proposed outdoor alterations include removal of an existing
drive through lane to establish a 576 square feet outdoor dining and seating area on the
north side of the building. In addition to the alterations, the proposal includes permitting
the service of beer and wine with a Type 41 ABC license at an existing restaurant. The
interior improvements will establish the branding decor of the restaurant.
Section 4. Based upon the facts contained in the record, including those
stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of
1 of 6
Resolution No. 15-4
981Pacdic Coast Highway
the Code of the City of Seal Beach, the Planning Commission makes the following
findings:
A. The proposed exterior alterations and addition of the service of
beer and wine in conjunction with a bona fide eating establishment are consistent with
the General Plan. The General Plan specifies that the Service Commercial Land Uses
definition encourages commercial centers to provide a broad range of retail and service
needs for the community. With the addition of the limited service restaurant with an
outdoor dining and seating area along with the service of beer and wine to the shopping
center, the center can expand its services and attract a wider range of residents.
B. The proposed use and alterations comply with applicable provisions
of the Municipal Code. The Municipal Code allows the establishment of an outdoor
dining and seating area with over 12 seats and the service of beer and wine at a bona
fide eating establishment with approval of a Conditional Use Permit. The proposed
submarine sandwich shop is in compliance with all other applicable provisions of the
Municipal Code.
C. The subject site is physically adequate for the proposed exterior
alterations and use. The removal of the drive through will help circulation around the
proposed submarine sandwich shop and the site contains adequate parking to allow the
addition of the outdoor dining and seating area.
D. The location, size, design, and operating characteristics of the
proposed exterior alterations would be compatible with the surrounding uses and will
not adversely affect those uses or properties in the surrounding areas. The existing
building complies with the height, setback and parking requirements of the Service
Commercial zoning area and conditions have been imposed to ensure the proper
service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard
Conditions for Alcohol Related Land Uses). The addition of the outdoor dining and
seating area will not disrupt the existing character of the shopping center. The proposed
hours of operation for the proposed sandwich shop will be 10:30 AM to 10:00 PM
Monday through Saturday and 10:30 AM to 9:00 PM on Sunday.
E. The establishment, maintenance, and operation of the proposed
exterior alterations and use would not be detrimental to the health, safety, or welfare of
persons residing or working in the vicinity. The proposed exterior alterations will require
a minimal period of construction to construct the outdoor dining area and sufficient
conditions have been imposed to ensure that the use will comply with the Performance
Standards set forth in Section 11.4.10.020 'of the Zoning Code and will not create
adverse impacts upon adjacent uses. The property will be consistent with the
surrounding uses in the area.
F. The proposed use is over 100 feet from any sensitive land uses
such as residences, religious facilities, schools, libraries, public parks and playgrounds
and other similar uses. The proposed sandwich shop is located near the center of the
2 of 6
Resolution No. 154
98IPadfic Coast Highway
shopping center and is immediately surrounded by parking areas, drive aisles and a
multi-tenant commercial building.
G. The noise levels generated by the operation of the site would not
exceed the level of background noise normally found in the area as there will not be any
exterior music in the outdoor dining area, only normal conversations while dining. In the
event that complaints are received in the future, the Planning Commission reserves the
right to reconsider the operation.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves CUP 14-8 to permit the service of beer and wine with a Type 41 Alcohol
License in conjunction with a proposed sandwich shop and outdoor dining within an
existing commercial shopping center, at 981 Pacific Coast Highway, subject to the
following conditions.
1. Conditional Use Permit 14-8 is approved to permit a sandwich shop to serve beer
and wine with a Type 41 ABC license and the establishment of an outdoor dining
area at 981 Pacific Coast Highway and is issued to Larry Drum for Dave's
Cosmic Sub.
2. The applicant shall comply with all restrictions placed upon the license by the
State of California Department of Alcoholic Beverage Control. In connection with
the City consideration of an application, the applicant must demonstrate
compliance with all restrictions placed upon the issuance of such license by the
Alcoholic Beverage Control Act, Business and Professions Code §2300 to
§2600, including but not limited to Rule 61.3(a) and 61.4.
3. The applicant shall furnish the City a copy of his ABC license and a copy of the
conditions placed on the license by the Department of Alcoholic Beverage
Control. This shall be done as soon as the license is received by the applicant
from the State of California Department of Alcoholic Beverage Control.
4. The premises of the restaurant must be in substantial compliance with the
landscape plan submitted with the application and maintained on file with the
Community Development Department dated September 11, 2014 and the floor
plan date stamped January 5, 2015.
5. This resolution rescinds prior resolutions 05-66 related to the drive through with
outdoor seating and operation of the restaurant.
6. The hours of operation shall be 10:30 A.M. to 10:00 P.M. Monday through
Saturday and 10:30 A.M. to 9:OOP.M. on Sunday.
7. No video games or similar amusements shall be permitted on the premises.
8. 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.
3 of 6
Resolution No. 15-4
981Padfid Coast Highway
9. In the event staff determines security problems exist on the site, the Conditions
of this permit may be amended to require the provisions of additional security
measures.
10. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
11. There shall be no dumping of trash outside and/or glass bottles outside the
establishment between the hours of 10:00 P.M. and 7:00 A.M.
12. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal
Beach Municipal Code. 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.
13. Any proposed alterations or upgrades to the restaurant will require review and
approval from the City of Seal Beach Planning Division.
14. A modification of this CUP must 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.
15. The Planning Commission reserves the right to revoke or modify this CUP if any
violation of the approved conditions occurs, any violation of the Code of the City
of Seal Beach occurs,
16. In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the Seal
Beach Municipal Code to require the provision of additional security measures.
17. The Planning Commission reserves the right to revoke or modify this CUP if
harm or operational problems such as criminal or anti-social behavior occur.
Examples of harmful or operation behaviors include, but not limited to, violence,
public drunkenness, vandalism, solicitation and/or litter.
18. The establishment shall have a public telephone listing.
19. It shall be the responsibility of the applicant/licensee to provide all employees
that sell or serve alcoholic beverages with the knowledge and skills that will
enable them to comply with their responsibilities under State law.
20. Litter and trash receptacles shall be located at convenient locations inside the
establishment and operators of such establishments shall remove trash and
debris on an appropriate basis so as not to cause a health problem.
21. All alcoholic beverages sold in conjunction with the on-premises licensed
establishment must be consumed entirely on the premises prior to closing time.
22. An attendant will be located in the outdoor dining and seating area during
business hours when customers are occupying the area.
4 of 6
Resolution No. 15-4
981 Pacific Coast Highway
23. The restaurant must be maintained as a "bona fide public eating place" as
defined by the California Department of Alcoholic Beverage Control.
24. The establishment must serve a complete menu of food until thirty minutes prior
to closing time.
25. 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 the State of California Alcoholic Beverage Control.
26. The sale of alcoholic beverages for off the premises consumption shall be
prohibited. Consumption of alcoholic beverages shall be prohibited in the
establishment's parking area. There shall be appropriate posting of signs both
inside and outside the licensed premises indicating that drinking outside the
licensed premises is prohibited by law.
27. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Community
Development Director.
28. Failure to comply with any of these conditions or .a substantial change in the
mode or character of the residence shall be grounds for revoking or modifying
this CUP approval.
29. This CUP shall not become effective for any purpose unless/until a City
"Acceptance of Conditions" form has been signed and notarized by the applicant
before being returned to the Planning Department; and until the ten (10) calendar
day appeal period has elapsed.
30. The applicant is required to obtain all required Building and Safety permits prior
to tenant improvements, construction or demolition.
31. Approval of this request shall not waive compliance with all sections of the
Municipal Code, or all other applicable City Ordinances in effect at the time of
building permit issuance.
32. This CUP shall become null and void unless exercised within one 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 Community Development Department at least ninety days prior to such
expiration date.
33. The applicant must indemnify, defend, and hold harmless City, its officers,
agents, and employees (collectively "the City" hereinafter in this paragraph) 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
5of6
Resolution No. 15-4
981 Pacific Coast Highway
arising out of or connected with the performance of the use permitted hereby.
Applicant's obligation to indemnify, defend, and hold harmless the City as stated
herein shall include, but not be limited to, paying all fees and costs incurred by
legal counsel of the City's choice in representing the City in connection with any
such claims, losses, lawsuits or actions, expert witness fees, and any award of
damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit .
or action.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on February 17, 2015, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Steven Sloan
ATTEST: Chairperson
Jim Basham
Planning Commission Secretary
6 of 6
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Business Plan:The Original Dave's Cosmic Subs
The Original Dave's Cosmic Subs opened its doors in Chagrin Falls,Ohio in 1997. Dave Lombardi
Dave) and his father competed against one another in his family owned chain of grocery stores as to
who could make the best sub (de|i)sandwich. When his father sold the grocery stores, Dave continued
the tradition of making high quality,flavorful sandwiches in what has become voted to be the"best
tasting subs inC|exe|and'° Dave has roughly 12 stores in the greater Cleveland area and other
franchises in Atlanta and San Antonio.The franchise brand takes us back to the 60s,the music and the
culture of peace, love and personal freedoms that the times emulated.
Cal Cosmic Holdings,|nc,is the owner of the franchise for Seal Beach. The sole owners ofthe
corporation are husband and wife, Larry A'Drum,K80 and JoAnnC- Drum. VVe were introduced toDave
Lombardi inZO13 and visited 5stores. VVe purchased the franchise January lO14 for$25,0K}0 andsigned
a 7 year lease at 981 Pacific Coast Highway,Seal Beach.This location was the previous"it's a Grind"
0rive'thrucoffee shop in the Seal Beach Center. VVe hope to expand from the Seal Beach area and have
sites up and down the coast,La Jolla, Laguna,Huntington Beach,Venice,Santa Barbara,San Francisco,
and Berkeley.
Dave's menu items represent 54sub sandwiches,various salads,and fountain drinks. They have given
us great latitude to expand the menu to include healthier sandwich options that include low carbs,
expanded salad varieties,craft beers on tap and selected wines. Our landlord has granted uspermission
to use the,preexisting drive-thru portion of our building to be used as a patio.This will enhance the Seal
Beach Center,customer satisfaction and experience,and bring further variety to the residence and
visitors that dine and shop in Seal Beach.We are currently awaiting approval for the use nfthe patio
from the Seal Beach Planning Commission,site construction plan approval from the city as well asfrom
The Orange County Health Department. VVe have an application pending with the Alcohol Beverage
Control Board awaiting results from.the upcoming planning commission meeting slated for February 17,
2015.
VVe have lived and work in Seal Beach/Los Alamitos area. Our 5 boys all went toMcGaughElementary
and graduated from Los Alamitos High School.We are uniquely qualified to succeed based on our local
knowledge of the area,the residences, businesses,and the culture of what this small town feeling
means. Financially,xve will be 1UU%financed bv our own resources with nV bank loans oroutside
investors. VVe will be open 3OOdays out mf the year and expect an average of more than 15Mcustomers
per day. Anticipated revenues should exceed$70,000 per month-driven by dine in service 60946,take �
out 2D96 and catering 20%. Food break down includes sandwich sales 4096ofrevenues,salads 2596 beer
and wine 2SYo,sides and fountain drinks 1.0%.
Managing the operations will be Jay Berk. He has over 30 years in the restaurant business and manger of
various Hmfys Huts and LucO|e's' He will begin full time starting mn March 1' We expect to have close 15
employees and assistant managers.Our hours of operation will he 10:30-10:00,seven days a week with
shortened Sunday hours.We will be closed un major hoUdays' De|iveriesm/iUbebefbre11:00aspermur
lease agreement and be provided bySymco,Coke,Southern Wine and Spirits and Stone Distributing.
Our marketing will use local media outlets.The Sun,Grunion Gazette and others for our print media,VVe
will use advanced social media exposure with FaceBookTwitter,Yelp,and |nstagrammto reach a broader
audience, including the displaced Ohioans that live here in California who are e mailing us to open
because they have "the craves for a Dave's'" \Ne will take advantage of our professional and personal
friendships that have supported us throughout the years and hope their word of mouth will help create
and foster a continued vibe about Dave's Cosmic Subs.VVe hope tu give back tn the community that `
supported usaswell. We have joined the Seal Beach Chamber of Commerce,will help support the 10K,
Open Water Swim,and have o deep and committed relationship with the special day classes at
McGaugh as well as the learning disabled in the Los Alamitos School system to help them gain deserving
working skills.
However brief,this sums up our business plan and outlook for the future. VVe have working knowledge
of the Seal Beach area,a great location,a great food product and plans tm give back toa community that
has given us so much.
For questions please call or write to:
Larry A. Drum,MD
562'243'1597
dmdrum@verizom'net