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HomeMy WebLinkAboutPC Res 16-02 - 2016-01-19RESOLUTION NO. 16 -2 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15 -9 PERMITTING THE EXPANSION OF AN EXISTING RESTAURANT WITH A TYPE 47 (DISTILLED SPIRITS) ALCOHOL LICENSE INTO AN ADJACENT TENANT SPACE AT 550 PACIFIC COAST HIGHWAY UNITS 111 AND 109, AND SUPERSEDING PLANNING COMMISSION RESOLUTION NO. 92 -10 (CUP 91 -6) AND PLANNING COMMISSION RESOLUTION NO. 95 -12 (CUP 95 -3) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Felix Tulay (the "applicant') submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 15 -9 to allow the expansion of an existing restaurant with a Type 47 (Distilled Spirits) alcohol license into an adjacent tenant space within an existing commercial shopping center, at 550 Pacific Coast Highway, Units 111 and 109 (the "subject property "), which is located in the General Commercial (GC) 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 of the State CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on January 19, 2016 to consider the application for CUP 15 -9. 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 Bay City Center located at the on the south side of Pacific Coast Highway between Marina Drive and 5th Street. The site consists of 7 parcels totaling 162,621 square -feet (3.73 acres) with approximately 50,200 square feet of mixed retail and restaurant uses. The subject site is surrounded by residential uses to the north across Pacific Coast Highway and to the west across 5th Street; to the east and south across Marina Drive are the Pacific Inn, a green belt and a church. The subject property is located in the General Commercial (GC) zone. B. The proposal includes permitting a modification to the existing Conditional Use Permit (CUP) be granted in conjunction with the expansion of an existing restaurant that has a Type 47 (Distilled Spirits) Alcohol License into an adjacent tenant space. The expansion will result in additional restrooms, an office area, a storage room and a new waiting area only. No changes are proposed to the existing dining area. 1 of 6 Resolution No. 16 -2 Conditional Use Permit 15-9 550 Pacific Coast Highway units 111 and 109 C. The current restaurant is regulated by Conditional Use Permits CUP 91 -6 through Resolution 92 -10 for the service of distilled spirits, and CUP 95 -3 through Resolution 95 -12 for the extension of hours of operation. With the approval of this application the other two conditional use permits will be superseded by this resolution, and all the previous conditions of approval have been incorporated into this resolution to ensure the restaurant will continue to operate in the same manner. 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 square footage of an existing bona fide eating establishment with a Type 47 (Distilled Spirits) alcohol license are consistent with the General Plan. The General Plan specifies that the General Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of square footage to the existing restaurant, the restaurant and 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 modification and expansion of existing restaurants with conditional use permits entitling the service of distilled spirits at a bona fide eating establishment with approval of a Conditional Use Permit. 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 site contains adequate parking to continue to allow a restaurant use including the expansion requested by the applicant. D. The location, size, design, and operating characteristics of the proposed expansion and resulting interior alterations would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The restaurant complies with the height, setback and parking requirements of the General 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 11:00 AM to 9:00 PM Monday through Thursday, Friday 11:00 AM to 10 PM, Saturday 8:00 AM to 10:00 PM and Sunday 8:00 AM to 9:00 PM. E. The establishment, maintenance, and operation of the proposed expansion including 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 will require a minimal period of construction. 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 restaurant is located in a commercial center bound by 2 of 6 Resolution No. 16 -2 Conditional Use Permit 15-9 550 Pacific Coast Highway units 111 and 109 Pacific Coast Highway, Marina Drive and 5th Street. The closest residence is approximately 180 feet from the restaurant. 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 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 15 -9 to allow the expansion of an existing restaurant with a Type 47 (Distilled Spirits) alcohol license into an adjacent tenant space within an existing commercial shopping center, at 550 Pacific Coast Highway Units 111 and 109, subject to the following conditions. 1. Conditional Use Permit 15 -9 is approved to allow the expansion of an existing restaurant with a Type 47 (Distilled Spirits) alcohol license into an adjacent tenant space within an existing commercial shopping center, at 550 Pacific Coast Highway units 111 and 109, and supersedes Resolution No. 92 -10 and Resolution 95 -12, that previously approved Conditional Use Permits CUP 91 -6 and CUP 95 -3, respectively. All conditions of Resolution No. 92 -10 and Resolution 95 -12, and CUP 91 -6 and CUP 95 -3, are hereby incorporated into this Resolution'[A1i. 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, or as such statutes or rules may be amended from time to time. 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 September 4, 2015. 5. The hours of operation for the restaurant will be 11:00 AM to 9:00 PM Monday through Thursday, Friday 11:00 AM to 10 PM, Saturday 8:00 AM to 10:00 PM and Sunday 8:00 AM to 9:00 PM. 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. 3 of 6 Resolution No. 16 -2 Conditional Use Permit 15-9 550 Pacific Coast Highway units 111 and 109 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. 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. 10. Any proposed alterations or upgrades to the restaurant will require review and approval from the City of Seal Beach Planning Division. 11. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 12. The Planning Commission reserves the right to revoke or modify this CUP if harm or operational behavior 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 operation behaviors, problems or activities include, but are not limited to, violence, public drunkenness, vandalism, solicitation, litter, criminal and /or anti - social behavior. 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. 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. 17. 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. 18. The restaurant must be maintained as a 'bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 19. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 4of6 Resolution No. 16 -2 Conditional Use Permit 15-9 550 Pacific Coast Highway units 111 and 109 20. 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. 21. 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. 22. All alcoholic beverages sold in conjunction with the on- premises licensed establishment must be consumed entirely on the premises prior to closing time. 23. There shall be no deliveries or dumping of trash outside and /or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 24. 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. 25. 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. 26. 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. 27. The establishment shall have a public telephone listing. 28. 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 residential or commercial areas. 29. 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. 30. 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. 31. 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 5 of 6 Resolution No. 16 -2 Conditional Use Permit 15-9 550 Pacific Coast Highway units 111 and 109 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. By signing the Acceptance of Conditions form, the applicant agrees to so defend, indemnify and hold harmless the City in accordance with this condition. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on January 19, 2016, by the following vote: AYES: Commissioners Klinger, Campbell, Thomas, Machen NOES: Commissioners ABSENT: Commissioners Cummings ABSTAIN: Commissioners Jim Basham ning Commission Secretary Mew. CAS Deb Machen Vice - Chairperson