HomeMy WebLinkAboutCC Res 4852 2000-10-23
, ,
,.
RESOLUTION NUMBER J/Ba
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
CUP NO. 00-10, PERMITTING THE ON-
PREMISE SALE OF BEER AND WINE AT AN
EXISTING RESTAURANT AT 1198 PACIFIC
COAST HIGHWAY, SEAL BEACH
, (BLACKBOARD BISTRO)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section 1. On August 8, 2000, Joseph Barbara (the "Applicant") filed
an application with the Department of Development Services for Conditional Use Permit
00-10, for the ability to sell beer and wine for on-premises consumption only.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ Il.B of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
CUP 00-10 for the proposed sale of beer and wine 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 involve either a property in excess of
20% slope or a change in land use or density.
I
Section 3. A duly noticed public hearing was held before the Planning
Commission on September 20, 2000, to consider the application for CUP 00-10. At the
public hearing the applicant appeared and spoke in favor of the request, with no other
persons speaking in favor or opposition.
Section 4. The Planning Commission approved Conditional Use
Permit 00-10, subject to 21 conditions, through the adoption of Planning Commission
Resolution No. 00-33 on September 20, 2000.
Section 5. An appeal of the Planning Commission's approval of
Conditional Use Permit 00-10 was timely filed. On October 23,2000 the City Council
held a duly noticed public hearing to consider the appeal. The Council considered all oral
and written testimony and evidence presented at the time of the de novo public hearing,
including the staff reports.
Section 6.
The record of the de novo hearing indicates the following:
(a) On August 8, 2000, Joseph Barbara submitted an application for
CUP 00-10 with the Department of Development Services. .
1
(b) Specifically, the applicant is proposing to sell beer and wine for on
premises consumption only at an existing restaurant.
(c) The subject restaurant contains approximately 2400 sq. ft.,
including a 400 square foot outdoor dining area.
(d) The subject property is described as Orange County Assessor's
parcel number 043-122-36.
(e) The surrounding land uses and zoning are as follows:
ReSoLution Number~t?~~
o EAST & WEST-Retail businesses in the General Commercial
(C-2) zone.
o NORTH - Retail businesses in the General Commercial (C-2)
zone & Residential Housing in a Residential Low Density
(RLD) zone
o SOUTH- Zoeter field and "Surf & Sun" preschool in a Public
Land Use (PLUIR) zone and Residential Housing in a
Residential High Density (RHO) zone.
(f) Captain John Schaeffer of the Seal Beach police department said
that he has no objections regarding the granting of this request.
I
(g) An appeal of the Planning Commission detennination was timely
filed in accordance with Article 29.4 of the Code of the Citv of Seal Beach.
Section 7. Based upon the evidence submitted at the de novo hearing,
facts contained in the record, including those stated in ~6 of this resolution and pursuant
to ~~ 28-1300, 28-2503 and 28-2504 of the City's Code, the City Council hereby finds:
(a) Conditional Use Permit 00-10 is consistent with the provisions of
the Land Use Element of the City's General Plan, which provides a "General
Commercial" zoning designation for the subject property and pennits alcoholic beverage
sales subject to the issuance of a conditional use pennit. The proposed conditional use
pennit is to allow the on-premise sale of beer and wine as part of an existing restaurant
operation. 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.
(b) The building and property at 1198 Pacific Coast Highway are
adequate in size, shape, topography, and location to meet the needs of the proposed on-
premise sale of beer and wine as part of an existing restaurant operation.
I
(c) The proposed on-premise sale of beer and wine as part of an existing
restaurant operation, as conditioned, are consistent with surrounding residential and
commercial uses, in that a rcstaurant use has been in operation at the site for more than 10
years.
(d) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
Section 8. Based upon the foregoing, the City Council hereby
approves Conditional Use Pennit 00-10, subject to the following conditions:
1. CUP # 00-10 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 Alcoholic 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 in
the establishment's parking area. There shall be posting of signs both inside and
outside the licensed premises indicating that law prohibits drinking outside the
licensed premises.
I
4. It shall be the responsibility of the applicantllicensee 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.
'. '\
ResoJ.ut:j.on
Number 4,5'~
The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limited to the following topics and skills
development:
5.
lJ 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.
lJ The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure, kill,
harm themselves or innocent victims as a result of the excessive consumption
of alcoholic beverages.
lJ Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
lJ Methods of dealing with intoxicated customers and recognizing under age
customers.
I
6.
The following organizations provide training programs, which comply with the
above criteria:
IJ Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
lJ Provider:
I
Program:
Telephone:
Date:
Cost:
DeDartment of Alcoholic Beveral!e Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1st' Monday of each month
10:00 a.m. to 1:30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
OraDlze Countv Health Care Al!encv
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$12.95 per person
7. The hours of operation shall be 7 AM to 10 PM, Sunday through Thursday and 7
AM to 11 PM Friday and Saturday.
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 within, promoting or indicating the availability of
alcoholic beverages.
../
10. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Director of
Development Services.
11. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. OperatorS of such establishments 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.
1
12. In the event staff determines security problems exist on the site, the Conditions of
this permit may be amended, under the procedures of The Code of the City of Seal
Beach, to require the provisions of additional security measures.
13. The establishment must serve a complete menu of food until thirty (30) minutes
prior to closing time.
Resolution Number J/B5"~
14. There shall be no live entertainment, amplified music, or dancing permitted on the
premises at any time.
15. The establishment shall comply with Chapter 130, "Noise Control", of The Code of
the City of Seal Beach as the regulations of that Chapter now exist or may hereafter
be amended. Should complaints be received regarding noise generated by the
establishment, the Planning Commission reserves the right to schedule the subject
CUP for reconsideration and may require the applicant/operator to mitigate the
noise level to comply with the provisions of Chapter 130.
16. 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 Development Services, or notarized and returned to the Planning
Department; and until the ten (10) calendar-day appeal period has elapsed.
I
17. 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
Approval.
c. There is a substantial change in the mode or character of operations of the
establishment.
18. The Planning Commission reserves the right to revoke or modify this CUP pursuant
to Articles 25 and 28 of The Code of the City 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.
19. Whenever the outdoor dining 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
dining area does not create a public nuisance contrary to public welfare and morals.
I
20. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) 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 damages, judgments, verdicts, court costs or
attorneys' fees in any such lawsuit or action.
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 Planning
Commission pursuiint to a written request for extension submitted to the Department
of Development Services a minimum of ninety (90) days prior to such expiration
date.
I
22. The term of this permit shall be 12 months. At the end of the initial term, the
commission may grant an indefinite extension provided that all the conditions of
approval have been met and no significant police or other problems have occurred.
Resolution Number~
The applicant is hereby advised that a new application and accompanying fee must
be paid to the city prior to consideration of an indefinite extension.
Section 9. The time within which judicial review, if available, of this
decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and Section 1-13 of the Code of the Citv of Seal Beach, unless a shorter time is
provided by applicable law.
I
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beac~ ~ meeting thereof held on the r:2~;,d day of
o ~ ,2000, by the following vote:
AYES:
Councilmemb
NOES:
ABSENT:
ABSTAIN: Councilmembers
'/J~~~ (J~JI
MAYOR '"
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I
I, Joanne M. Yeo, City Clerk of Seal Beach, CalifOrni~bY certify that the foregoing
resolution is the original copy of Resolution Number 02... on file in the office of the
City Oerk, passed, approved, and adopted by the City Council of the Cjty of Seal Beach, at
a tfr~~ th:~~o. held on the a:l'It~ day of
1
Resolution Number J/~~
PROOF OF PUBLI~
(2015.5 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 matter.
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
supplement thereof on the following
dates, to-wit:
/0// ;;;...
,
,
Proof of Publication of
...............................................
I
...............................................
. '
,- . NOTICE'OF';"':;,,"
,.oy ~UB~IC I!EARING'f. \'.. "
'No'ncE IS HEREBv GIVEN 1lial1he"
Qty Council of the CRY of 8e81 Beech
.WfU hOld a public heannO on.Monday. .
.October 23th, 2000: 811:00 p'rn- iln .
Ih8C11y COOIlCllCh_ 211 E'llhlh
Slreet, Seal Beach. 10 conSIder the
...follOWlng Rem" I . ". '
. ~ APPEAL 'Oi cONDITIONAl!: USE :',
J r: PERMITOQ-10PERMITON- ' .
~~. PREMISE SALE,OF BEER AND .
WINE AT AN EXISTING RESTAU. -
'," RANT (B!:ACKBOARp BISTRO)' "
1198 PACIFIC COAST HIGHWAY,
- St:A["BEACH~-:-
APPELLANTS,REQUEST:"APpeal of~
the Planning Commission approval ~
'. to permit the oil-premise sale of b8ir .
....and wme at an exlstrng restauranti:
IOCal.ed'al1198 Pacific Coest High:
way (Blackboard BfstrQ). .. ~ 1. ,', ~
ENVIRONMENTAl: REVlew"ThI."
I. prqeCt'IS categorically exempt from
CeOA I'8YIBW 1,1'(::1 Lt,,,;: <"J..'
:CODE SECTioNS: 28~1300, 28.'
... 2503, 28-2504: I' ., - . ~
APPELLANT: Paul y~IOi _;:/1. I
. APPUCANT: Joseph Barb..... ~t ~:r)
OWNER: Red8veI;"'ment l'Iloney of
. the Cdy of ~eat 8each~ ~ ~ -....' I
. .~~a~tlmeandp~aUlnt.er:r
t:ested,perso!:ls may be heard !f so
deSired. " you chaIl'enge the proposed t "
"f'!OOOIOCOU\'-'i"'!may'!8ftl!11\8dlo
~ r_ng on'v thOse 1SSU88 you or SQm8' '.tt
one else raised at the public hearing
. described in Ihls notice, 0; In wrtIIen'
J correspondence dehvered to the City .
of Seal Beach at, 'or pnbr to, the putt.::
Irch8arlng. .... ,~_ ,'- _,:.' ':-~
DATED THIS'Sth'day of cictober~
2000. ~"'.... i.-:~~~";",;':,. -~.
) JoanneYsol.... ...r.::' ...... . '. .:.
CIlyClerk . ..i,l,., :-,,,,"'Ii ':..,
. ~in1heSeil9lNi:hSunJour-
. ..z._" :.'~ ..1
I
all in the year 2000.
I certify (or declare) under penalty of
perjury that the foregoing is true and
co rrect.
.2000.
/
Signal
PUBLICATION PROC SED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
I