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HomeMy WebLinkAboutPC Res 15-27 - 2015-11-16RESOLUTION NO. 15 -27 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15 -8 PERMITTING THE SERVICE OF DISTILLED SPIRITS (TYPE 47 LICENSE) IN A RESTAURANT LOCATED AT 1041 PACIFIC COAST HIGHWAY AND APPROVING A CATEGORICAL EXEMPTION UNDER CEQA IN CONNECTION THEREWITH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On September 3, 2015, Joseph Barbara of Finbar's Italian Restaurant submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 15 -8 to allow the service of distilled spirits at a proposed restaurant within an existing commercial shopping center, at 1041Pacific 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 subdivision (c) of Section 15303, New Construction or Conversion of Small Structures, of the State CEQA Guidelines. The Planning Commission finds that the project is categorically exempt under Section 15303(c), because the project is a service use not involving significant amounts of hazardous substances and not exceeding 2500 square feet in floor area, all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Section 3. A duly noticed public hearing was held before the Planning Commission on November 16, 2015 to consider the application for CUP 15 -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 located within the Seal Beach Center, a multi - tenant shopping center located at the north east corner of Pacific Coast Highway and Bolsa Avenue. The shopping center property consists of 3 parcels totaling 345,004 square -feet (7.92 acres) with over 100,000 square feet of mixed retail, service and restaurant uses, and the subject tenant space is 3,319 square feet of building area in one of the parcels located on the largest parcel bordered by Pacific Coast Highway, Balboa Drive, and Bolsa Avenue. The subject site is surrounded by residential uses to the north across Bolsa Avenue and to the east across Balboa Drive with commercial 1 of 6 Resolution No. 1527 Conditional Use Permit 158 1041Pacific Coast Highway uses to the west and across Pacific Coast Highway to the south. The subject property is located in the Service Commercial (SC) zone. B. The proposal includes permitting the service of distilled spirits with a Type 47 ABC license at a proposed 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 the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed interior alterations and addition of the service of distilled spirits 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. The addition of the restaurant along with the service of distilled spirits within the shopping center, will allow 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 Zoning Code allows the establishment of a restaurant with the service of distilled spirits at a bona fide eating establishment with approval of a Conditional Use Permit. The tenant space that will be occupied by the restaurant is over 100 feet away from sensitive uses. The restaurant is in compliance with all other applicable provisions of the Municipal Code; C. The subject site is physically adequate for the proposed interior alterations and use. The remodel of the interior to establish the branding decor is consistent with other establishments in the center and the site contains adequate parking to allow the addition of the restaurant dining area. The existing mix of land uses within the commercial center is consistent with the parking demand established by the Linscott Law & Greenspan parking analysis conducted for the center. The proposed use is subject to a shared parking agreement between the shopping center owner and all tenants in the shopping center, which provides sufficient parking to meet the parking demands for the proposed restaurant. D. The location, size, design, and operating characteristics of the proposed interior alterations would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed restaurant 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 proposed hours of operation for the restaurant will be 8:00 a.m. to 11:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. on Friday and Saturday. 2 of 6 Resolution No. 1527 Conditional Use Permit 158 1041Pacific Coast Highway E. The establishment, maintenance, and operation of the proposed interior alterations and use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed interior alterations are common with a tenant improvement 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 use of the property will be consistent with the surrounding uses in the area. F. The proposed use is located within a tenant space that 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 restaurant is located in the center of a commercial center and is immediately surrounded by parking areas, drive aisles and a multi- tenant commercial building. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 15 -8 for the permitting of service of distilled spirits at a proposed restaurant within an existing commercial shopping center, at 1041 Pacific Coast Highway, subject to the following conditions. 1. Conditional Use Permit 15 -8 is approved to permit a restaurant with a Type 47 (On -Site General) ABC license at 1041 Pacific Coast Highway and is issued to Joseph Barbara of Finbars Italian 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. Prior to issuing any occupancy permit for the restaurant, 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 floor plan submitted with the application and maintained on file with the Community Development Department dated October 30, 2015. 5. The restaurant hours of operation will be from 8:00 a.m. to 10:00 p.m., seven days a week. 6. The rear doors must remain closed and are only to be used as emergency fire exits. These doors cannot be used to enter and exit the restaurant. 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. 3of6 Resolution No. 1527 Conditional Use Permit 158 1041Pacific 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. The establishment shall have a public telephone listing. 15. Approval of a modification of this CUP shall be required 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 16. The Planning Commission reserves the right to revoke or modify this CUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 17. 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. 18. The Planning Commission reserves the right to revoke or modify this CUP if harmful or operational behaviors, problems or activities occur in or around the restaurant or parking lot as a result of or arising out of the restaurant activities. Examples of harmful or operational behaviors, problems or activities include, but are not limited to, violence, public drunkenness, vandalism, solicitation, litter, criminal and /or anti - social behavior. 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. 4 of 6 Resolution No. 15-27 Conditional Use Permit 15-8 1041Pacific Coast Highway 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. 24. There shall be no live entertainment, amplified or unamplified music, or dancing permitted on the premises at any time unless all requirements of Seal Beach Municipal Code Section 11.4.05.010.D or any successor ordinance have been met and unless such uses are consistent with the license conditions imposed by the State of California Department of 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 business shall be grounds for revoking or modifying this CUP approval. 28. This CUP shall not become effective for any purpose unless /until the applicant submits a signed and notarized City "Acceptance of Conditions" form 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 5 of 6 Resolution No. 1527 Conditional Use Permit 158 1041Pacific Coast Highway 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. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 16, 2015, by the following vote: AYES: Commissioners Klinger, Campbell, Cummings, Machen NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Thomas I= Jim Basham ing Commission Secretary 6 of 6 Esther Cummings Chairperson