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HomeMy WebLinkAboutPC Res 15-07 - 2015-04-06 RESOLUTION NO. 15-7 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15-2 TO ALLOW AN EXISTING RESTAURANT WITH AN OUTDOOR EATING AREA AND AN EXISTING TYPE 41 (BEER AND WINE) LICENSE TO UPGRADE TO A TYPE 47 (ON-SALE GENERAL) LICENSE AT 209 MAIN STREET THE PLANNING COMMISSION OF THE CITY OF SEAL °BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On February 26, 2015, Elyse Smith submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 15-2 for the upgrade of an existing Type 41 (beer and wine) alcohol license to a Type 47 (On-Sale General) alcohol license at an existing restaurant with an outdoor eating area at 209 Main Street (the "subject property"), which is located in the Main Street Specific Plan (MSSP) 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 15301 (Existing Facility) of the State CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on April 6, 2015 to consider the application for CUP 15-2. 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 on the west side of Main Street between Central Avenue and Electric Avenue. The subject site consists of a 2,937 square-feet (0.06 acre) parcel with an existing 2,300 square foot commercial restaurant building. The subject site is surrounded by commercial uses to the north, south and east, while there are residential uses to the west. The subject property is located in the Main Street Specific Plan (MSSP) area. B. The proposed upgrade of the alcohol license from a Type 41 (beer and wine) alcohol license to a Type 47 (On-Sale General) alcohol license for beer, wine and distilled spirits does not require any modifications to the existing building. The applicant is overall maintaining the layout of the existing restaurant with the exception of minor improvements to 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 Page 1 of 6 Resolution No. 15-7 209 Main Street the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed upgrade of the alcohol license in conjunction with a bona fide eating establishment is consistent with the General Plan. The General Plan specifies that the Service Commercial Land Uses designation encourages commercial areas to provide a broad range of retail and service needs for the community. With the continued use of the subject site as a restaurant with an outdoor dining area along with the service of beer, wine and distilled spirits, the restaurant can offer its customers a wider range of beverages to compliment the food items on the menu. B. The proposed use complies with applicable provisions of the Municipal Code and the Main Street Specific Plan. The Municipal Code and the Main Street Specific Plan allows for the upgrade of the Type 41 (beer and wine) alcoholic license to a Type 47 (On-Sale General) alcohol license at a bona fide eating establishment with approval of a Conditional Use Permit. The proposed restaurant is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed use. The restaurant with the upgrade of the alcohol license does not require alterations to the exterior of the building and no additional parking is required. The subject site is considered in compliance with all parking requirements because of past participation in the parking in-lieu program. D. The location, size, design, and operating characteristics of the proposed restaurant with the alcohol license upgrade 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 Main Street Specific Plan 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 proposed hours of operation for the restaurant will be 8:00 AM to 10:00 PM Sunday through Thursday and 8:00 AM to 11:00 PM on Friday, Saturday and holidays. E. The establishment, maintenance, and operation of -the proposed upgrade of the alcohol license from a Type 41 (beer and wine) alcohol license to a Type 47 (on-sale general) alcohol license would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed upgrade of the license will not require modifications to the site 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 Main Street area which consists of a mix of retail and restaurant uses. F. The subject site is located approximately 160 feet from the nearest religious facility, school, library, public park, playgrounds and other similar uses. Although the subject site is 15 ft. from the nearest residential property, the entrance is Page 2 of 6 Resolution No. 15-7 209 Main Street approximately 130 ft. from the rear property line of the nearest residential property. The subject site has operated a restaurant with an alcohol license since 1993. The applicant will be required to comply with all conditions placed on the prior business. 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 music associated with the business, 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 of the business and the conditions of approval. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 15-2 to permit the upgrade of the Type 41 (beer and wine) alcohol license to a Type 47 (On-Sale General) Alcohol License to allow beer, wine and distilled spirits in conjunction with a restaurant and outdoor dining within an existing commercial restaurant building, at 209 Main Street, subject to the following conditions. 1 Conditional Use Permit 15-2 is approved to permit a restaurant to serve with a Type 47 ABC license at 209 Main Street and is issued to Elyse Smith for Avila's El Ranchito Restaurant. 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 plan submitted with the application and maintained on file with the Community Development Department date stamped February 26, 2015. 5. The hours of operation shall be 8:00 AM to 10:00 PM Sunday through Thursday and 8:00 AM to 11:00 PM on Friday, Saturday and holidays. 6. No video games or similar amusements shall be permitted on the premises. 7. 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. 8. 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. 9. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. Page 3 of 6 Resolution No. 15-7 209 Main Street 10. 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. 11. 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. 12. Any proposed alterations or upgrades to the restaurant will require review and approval from the City of Seal Beach Planning Division. 13. 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. 14. 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. 15. 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. 16. 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. 17. The establishment shall have a public telephone listing. 18. 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. 19. 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. 20. All alcoholic beverages sold in conjunction with the on-premises licensed establishment must be consumed entirely on the premises prior to closing time. 21. An attendant will be located in the outdoor dining and seating area during business hours when customers are occupying the area. 22. The restaurant must be maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 23. The establishment must serve a complete menu of food until thirty minutes prior to closing time. Page 4 of 6 Resolution No. 15-7 209 Main Street 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 30. 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. 31. 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. 32. 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 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 Page 5 of 6 Resolution No. ier,4 209 Main Street 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 April 6, 2015, by the following vote: AYES: Commissioners 4-510avi NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners r. -7 v loan A T T: Chairperson Jim asham Pla ing Commission Secretary Page 6 of 6