HomeMy WebLinkAboutCC Res 4693 1999-03-08
RESOLUTION NUMBER.!.!itl-~
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH SUSTAINING
THE PLANNING COM~ISSION APPROVAL
OF CUP NO. 99-1 AND REVISING THE
PERMITTED HOURS OF OPERATION,
PERMITTING AN ALCOHOL-RELATED
LAND USE AT 3001 OLD RANCH PARKWAY
(MR. K'S AMERICAN GRILL)
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE, DETERMINE AND FIND:
Section I. On December 30, 1998, George Kookootsedes of Terjon, Inc.
(" Applicant") med an application with the Department of Development Services for
Conditional Use Permit (CUP) 99-1. The applicant requested approval of an a1cohol-
related land use permitting the sale of beer, wine and distilled spirits for on-premise
consumption in conjunction with a new restaurant located at 3001 Old Ranch Parkway
(Mr. K's American Grill).
Section 2. Pursuant to 14 Calif. Code of Regs. Section I5025(a) and Section
ILA of the City's Loca1 CEQA Guidelines, staff has determined as follows: The
application for CUP 99-1 is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs., Section
15301 (Existing Uses), because the application is for an existing use which is not I
expanding in excess of 50% of the floor area of the structure before the addition, or
2,500 square feet, and pursuant to Section 15061(b)(3), because it can be seen with
certainty that there is no possibility that the approval may have a significant effect on
the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on February 17, 1999 to consider the application for CUP 99-1. The
applicant spoke in favor of the request, with additional persons appearing in favor of
the request. .
Section 4. The Planning Commission approved Conditional Use Permit 99-1
subject to 28 conditions through the adoption of Planning Commission Resolution No.
99- I.
Section 5. An appeal of the Planning Commission's approval of Conditional
Use Permit 99-1 was timely flIed. On March 8, 1999 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 public hearing, including
the staff reports.
Section 6. The record of the hearings before the Planning Commission and
City Council indicates the following:
I
(a) On December 30, 1998, George Kookootsedes submitted an application
for CUP 99- I with the Department of Development Services.
(b) The applicant requested approval of an alcohol-related land u!!c
permitting the sale of beer, wine and distilled spirits for on-premise
Resolution Number~
consumption in conjunction with a new restaurant located at 3001 Old
Ranch Parkway (Mr. K's American Grill).
I
(c) The applicant proposed to remodel the exterior of an existing restaurant,
to add a new fifty (50) square foot entrance and to add a new patio
cover, thus covering 892 square feet of a 1,311 square foot patio. The
subject property contains approximately 7,197 square feet.
(d) The applicant proposed hours of operation from 11:30 a.m. to 1:00 a.m.
daily.
(e) The subject property is legally described as that portion of Section 31,
Township 4 South, Range I I West, in the Rancho Los Alamitos, City of
Seal Beach, County of Orange, State of California, shown on map No. 2
attached to the final decree of partition of Said Rancho, a certified copy
of which was recorded February 2, 1892 in Book 14, Page 31 of Deeds,
in the office of the County Recorder of said County, more particularly
described as follows:
Parcels 3, 4, and 5 as shown on that certain Tentative Parcel Map No.
86-280 dated July 8, 1986 approved by the City of Seal Beach on
October 27, 1986 pursuant to Resolution No. 3649.
(t) The subject property's surrounding land use and zoning classifications
are:
I
North &
West
A flood control channel and single family homes located in
Rossmoor, an unincorporated community in Orange
County.
South
Office buildings in the Bixby Office Park.
East A vacant lot, formerly a service station in the C-2 zone,
separated from the subject property by Seal Beach
Boulevard.
(g) The subject property has previously received the following Planning
Commission approvals:
CUP 88-2
CUP 90-4
CUP 92-26
On Sale Beer and Wine, Souper Corp.
On Sale Beer and Wine, Soup Exchange
On Sale Beer, Wine and Distilled Spirits, Tortilla Beach
(h) The Department of Development Services deems the property to meet all
parking ~ requirements.
(i)
The Seal Beach Police Department reviewed the application and
indicated some reservations regarding the operation of the business, and
staff has prepared conditions of approval to address those concerns.
I
G)
The City received no written comments responding to the Notice of the
Public Hearing for CUP 99-1 on February 17, 1999.
(k) An appeal of the Planning Commission determination was filed by
George Kookootsedes on February 18, 1999, in accordance with Article
29.4 of the Code of the City of Seal RP""h.
Section 7. Based upon the facts contained in the record, including those
stated in fi6 of this resolution and pursuant to fifi 28-1400, 28-2503 and 28-2504 of the
, City's Code, the City Council hereby finds:
Resolution Number~
a. CUP 99-1 is consistent with the provisions of the Land Use Element of the
City's General Plan, which provides a "service commercial" designation for the subject
property and permits alcohol-related land uses subject to the issuance of a Conditional
Use Permit. 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, as conditioned by the City Council
regarding hours of operation, is consistent with the General Plan.
I
b. The building and property at 3001 Old Ranch Parkway are adequate in size,
shape, topography and location to meet the needs of the proposed use of the property.
c. Required adherence to applicable building and fire codes ensures there will
be adequate water supply and utilities for the proposed use.
d. The on-sale service of general liquor is compatible with the character of the
subject area. Adherence to conditions of approval placed on the use by both the City of
Seal Beach and the Department of Alcoholic Beverage Control should mitigate any
negative impacts to neighboring residential properties.
e. The Seal Beach Police "Department reviewed the application and indicated
some reservations regarding the operation of the business, and staff has prepared
conditions of approval to address those concerns
f. Based on the evidence and testimony presented to the City Council, the City
Council has determined to grant hours of operation different from those recommended
by the Planning Commission. This determination is based upon a desire of the City
Council to allow the restaurant operator sufficient flexibility in operating the proposed
business in a successful manner without causing a detriment to the adjoining property I
owners. This determination is based upon the physical location of the proposed
restaurant operation, the distance to adjoining residential land uses, and the lack of
complaints from adjoining residential areas to current and past restaurant operations at
the subject locations and at an adjoining restaurant location.
Section 8. Based upon the foregoing, the City Council hereby approves
Conditional Use Permit 99-1, subject to the following conditions:
1. Conditional Use Permit 99-1 at 3001 Old Ranch Parkway is approved for
Department of Alcoholic Beverage Control (ABC) license type 47. Alcohol
Sales & Service
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).
This shall be done as soon as the license is received by the applicant from 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 taklHlUt. Consumption of alcoholic beverages is
prohibited in the establishment's parking area or any adjoining non-approved
seating areas. 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 applicant/licensee 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.
5. The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limited to the following topics and skills
qevelopment:
I
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.
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.
Alcohol as a drug and its effects on the body and behavior,
Including the operation of motor vehicles.
Methods of dealing with intoxicated customers and recognizing under
age customers.
a.
b.
c.
d.
Resolution Numbe~~~
6. The following organizations provide training programs, which comply with the
above criteria:
I
a.
Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
Dqwtment of Alcoholic Beveral!:e Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
I" Monday of each month
10:00 a.m. to 1:00 p.m.
Free
ABC, 28 Civic Center Plaza, Room 369 Santa Ana
Oranl!:e County Health rare Al!:ency
Alcohol & Drug Education Prevention Team (ADEPT)
California Coordinating Council for Responsible Beverage
Service (C3RBS)
(714) 834-2860 .. Karen Keay
$12.00 per person" Tax Deductible
For special events training
c.
b.
Provider:
Orange County Health Care Agency
Project Path
(714) 895-9088 .. Irene G1enday
Free
7. The hours of operation shall be 11:00 a.m. to midnight, Sunday through
Thursday and 11:00 a.m. to 1:00 a.m., Friday and Saturday.
Program:
Telephone:
Cost:
Provider:
Program:
Telephone:
Cost:
8. No video games or similar amusements shall be permitted on the premises.
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.
1
10. 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.
A lighting plan shall be provided which promotes minimal disturbance to nearby
residences. This plan will be subject to review and approval by the Director of
Development Services.
11. 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.
12. The establishment shall have a public telephone listing.
Resolution NUmber~
13. 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.
14. 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 provision of additional security measures.
I
15. Conditional Use Permit 99-1 shall be automatically terminated if the operation is
no longer maintained as a "bona fide public eating place" as defined by the ABC
and as audited by the City staff. The applicant shall reimburse the City for all
reasonable costs associated with said audit, said reasonable costs not to exceed
$3,000. Said audit to be conducted upon completion of the first twelve (12)
months of business operation. The Planning Commission is hereby delegated
the discretion to' accept an audit prepared on behalf of the ABC in lieu of
requiring a separate audit. Thereafter. additional City audits shall be at the sole
expense of City unless said audits verify incorrect percentages of food and
alcohol sales so as require reclassification of the licensed premises as other than
a "bona fide public eating place" as defined by the ABC, based on audits or
financial reports as submitted by the business operator as part of its yearly
internal audit/financial reports or audit reports submitted to the ABC.
16. The establishment must serve a complete menu of food until sixty (60) minutes
prior to closing time.
17.
A grease trap shall be provided for the restaurant in accordance with the
standards of the Orange County Health Department.
I
18. 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 ABC or a _ Special Activities permit is issued to the
applicant by the City Manager of the City of.SeaI Beach.
-.
-
19. The establishment shall comply with Chapter I3D, "Noise Control", of The
Code of the City of Seal RP>!r.11 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 conditional use permit for reconsideration and may require
the applicant/operator to mitigate the noise level to comply with the provisions
of Chapter l3D.
--,
20. A modification of this Conditional Use Permit 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.
I
21. The Planning Commission reserves the right to revoke or modify this
Conditional Use Permit 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.
Resolution Number~
22. This Conditional Use Permit shall become null and void unless exercised within
one (1) 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 Department of Development Services a minimum of ninety (90)
days prior to such expiration date.
I
23. 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
moraIs.
24. All alcoholic beverages served in the outdoor dining area must be served in
glass containers.
25. Any canopy constructed over an outdoor dining area shall comply with all
requirements of the City's Building Department and the Orange County Fire
Authority .
26. A landscape improvement plan for the frontage along Seal Beach Boulevard, as
approved by the City in consultation with the Tree Advisory Committee, shall
be provided and such landscape improvements shall be installed and maintained
at applicant's expense. Said landscape improvements to be approved prior to
the issuance of an occupancy permit for said restaurant and the improvements
shall be installed within 90days of the issuance of said occupancy permit.
I
27. A contribution in the amount of $12,500.00 to a freeway off-ramp entry
monument sign to be paid to the City prior to the issuance of an occupancy
permit, with said contribution to be deposited in a restricted account. Said
contribution to be utilized solely for enhancements at the southbound 1-405
Freeway off-ramp to Seal Beach Boulevard (south of the Seal Beach Boulevard
Overpass) for a' monument sign identifying the City of Seal Beach and
appropriate directional signage as determined by the City to points of interest
within the City. Applicant shall participate in routine maintenance of said entry
treatment on an equal basis with future restaurant operators at the intersection of
Lampson Avenue and Seal Beach Boulevard.
28. This Conditional Use Permit 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
29. The term of this permit shall be six (6) months. At the end of the initial term,
the applicant may apply to the City for an extension of Conditional Use Permit
99-1. The Planning Commission may grant an indefinite extension provided
that all Conditions of Approval have been met and no significant police or other
problems have occurred. The applicant is hereby advised that a new application
and accompanying fee must be submitted to the City prior to consideration of an
indefinite permit.
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 City of Seal RP.lIl'h, unless a shorter time
is provided by applicable law.
Resolution NUmber~
PASSED, APPROVED, AND ADOPfED by the City Co~iJ.Of the City of
Seal " at d; meeting thereof held on the !J day of
tJA , 1999, by the following vote:
NOES:
Councilmembers
I
AYES:
Councilmember
ABSENT: Counci1members
MAYOR ~
ATIEST:
.----,
~,,,1JJ( )/2
?!J/CLERK
STATEOFCALlFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
-
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number ~t;g on file in the
office 0 the City Clerk, passed, approved, and adopted by the City eO'BCil of the City of
Seal at a war meeting thereof held on the ~ day of
,1999.
I
()
I
I
I
I
PROOF OF PUBLICATION
(2015.5 C.C.P.)
Resolution Number~~
This space is for the C~
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
>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 apove-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
Oity of Seal Beach, County of
p,{Jrange 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:
.1vL. dO,
Proof of Publication of
...............................................
...............................................
:~.. PUBUC H~ING NOTICE
. 'NOT1CEIS HEREBYOlVENthIIIlhtl.
. City Council oIlh8C11y err__
wl11 hold. Public HNrlng on Mon-
: day, March 8. 1,"~ a. 7:00 p,m, In
the City Council \,OhBmb.r., 211
Eighth Street'. S.I Beach, ClIIIor-
rH, to canstdel' the fallowing Item:
.... -APPEALCONOmoNAlUSE . '
: I.' PERMIT99.1 '. .
HOURSOFOPERATlONFORA -
. NEW RESTAURANT AT
3001 OLD RANCH PARItY/AV,
-, ..,' SEALBEACH- , .
. 'A.;quut: To alloW ri grapdsed ~ .
.: rant to stay open to l'oo a m., dally.
- The Pfanmng Comrmsslon BppI'OV8d .
d0811''Ig time of 11'00 P m' ThIS request
. IsncriliuncllonWllhthe~exle-.
, nor and Intenor remodel at Bn exlstmg :
restauranllocat8d at 3001 Old Ranch .
~8.~;~~_T.~I~.~8ChI~.:
, Environmental RIYIew: 1Ws pioject
IS categoncally exempt from CEOA
rsvlew for the exterior and interior .
remodel proposals:.; I .
C~ S8CII~: 2!1:13OO.l7!(ll): 2I!.;
2503, 28-2504 ... ., _
T:.y::I:,~: G.~gB.~.~.~~_.~?
Owner: BIxby Ranch Company .
N. the &bow bme and place d ii'1I8r.
ssted persons may be heard rf so
_AId Wyou chel18i1g81h8"-
donI n court, you may be 'hm1l8d to
"""'Ilcrit-_youar.........
.elle railed attha public hearing
.. dlscnbed In this nctio8. or n \Mflten cor.
. r~.db.lO&dBlMndlothe~~~ ~
_aI,cirpnarm,Ih8P!'fo/lc "
DAlEDThls1l1t"layalFebrullryll111l, :
Joanne Yea. City Clerk .
Published In the Seal Beach Sun
'lI$/99 .
all in the year 1999.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beacb., ,QA,
this 4';- day of "fM--. , 1999.
dR~
t/ Signature
PUBLICATION PROCESSED I;3Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726