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HomeMy WebLinkAboutItem Sn October 23, 2000 STAFF REPORT To: Honorable Mayor and Members of the City Council Attention: Donald F. McIntyre, Acting City Manager From: Lee Whittenberg, Director of Development Services Subject: PUBLIC HEARING -- APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 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) RECOMMENDAITON: After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Deny the appeal and sustain the decision of the Planning Commission, subject to appropriate terms and conditions. 2) Sustain the appeal, revising the decision of the Planning Commission, not permitting the proposed on -premise sale of beer and wine as part of the existing restaurant operation. 3) Sustain the appeal, revising the decision of the Planning Commission in accordance with terns and conditions other than those approved by the Planning Commission regarding the proposed on -premise sale of beer and wine as part of the existing restaurant operation. Staff has prepared as Attachment 1, a resolution of the City Council sustaining the determination of the Planning Commission. If the City Council determines to adopt option (1) after conducting the public hearing, it would be appropriate to adopt that resolution. If the City Council determines to AGENDA ITEM S C:Wy DocumeatslCUNCUP 00-10.Appeal Staffaepmf.dmc Wn0-17-00 Public Hearing re.- Appeal of Approval of Conditional Use Perna 00-10 Phmrdng Commission Resohaion 00.33 1198 Pacific Coast Highway (Blackboard Bistro) City Council Staff Report Omober 23, 2000 adopt option (2) or (3), it is appropriate to revise the resolution based upon the determinations of the City Council. Staff will be prepared to revise the proposed City Council Resolution as determined appropriate by the City Council upon concluding the public hearing. BACKGROUND: On September 20, 2000 the Planning Commission considered the above referenced application for Conditional Use Permit 00-10. After receiving all testimony at the public hearings and deliberations among the members of the Commission, it was the determination of the Planning Commission to approve the application on a 5-0 vote, subject to certain terms and conditions, and adopted Planning Commission Resolution No. 00-33 on September 20, 2000. Planning Commission Resolution 00-33 imposes 21 conditions of approval for the project. Please refer to Attachment 3, Planning Commission Resolution No. 00-33, for the findings and conditions of the Planning Commission. Please refer to Attachment 4 to review the Planning Commission Minutes of September 20, 2000 and to Attachment 5 to review the Planning Commission Staff Report. An appeal of the recommendation of the Planning Commission was filed in a timely manner, and the matter is now before the City Council for consideration at a public hearing. FACTS: ■ The Planning Commission held a duly noticed public hearing on September 20, 2000 to consider CUP 00-10. Both written and oral evidence was submitted for the project. At the public hearing the applicant spoke in favor of the request. No persons appeared in opposition and the City did not receive any written communications in opposition to the request. After receiving all public testimony on September 20, 2000, the Planning Commission determined to approve the requested Conditional Use Permit, subject to certain terms and conditions, and approved Planning Commission Resolution 00-33, setting forth 21 conditions of approval, on a 5-0 vote. ■ Councilman Yost filed an appeal of the recommendation of the Planning Commission on September 27, 2000, 2000, (See Attachment 2) and the matter is now before the City Council for consideration at a public hearing. cur oaro.Appag smn aeon Public Hearing re: Appeal of Approval of Conditional Use Permit 00.10 Planning Commission Resolution 00-33 1198 Pacific Coast Highway (Blackboard Bistro) City Council StafRepon Odober23,2000 STANDARD OF REVIEW FOR CONDITIONAL USE PERMIT APPLICATIONS: Under Code Sections 28-2503 and 28-2504, all conditional use permit requests must be evaluated in fight of three issues: 1) Is the use conditionally permitted in the zone•, 2) Is the use compatible with the General Plan; and 3) Is the use compatible with, rather than detrimental to, surrounding uses and the community in general. The fust issue turns on the provisions of the Code, which clearly allows for a Conditional Use Permit for the requested use of the property (Section 28-1300(7)(a)). The second issue turns on the current Land Use Classification of the property, which is currently designated "General Commercial" zone, and the proposed project is a conditionally permitted use within the "General Commercial" zone. The last issue will tum on the Council's view of the evidence presented during the public hearing regarding impacts to the surrounding community of the proposed on -premise sale of beer and wine as part of the existing restaurant operation. The Planning Commission made the following findings regarding this issue in Section 5 of Planning Commission Resolution 00-33: "(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 permits alcoholic beverage sales subject to the issuance of a conditional use permit. The proposed conditional use permit 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 par of an existing restaurant operation. (c) The proposed on -premise sale of beer and wine as par of an existing restaurant operation, as conditioned, are consistent with surrounding Cur0 10.Appvd amnaepon Public Hearing re: Appeal of Approval of Conditional Use Permit 00.10 Planning Commission Resolution 00-33 1198 Pacific Coast Highway (Blackboard Bistro) City Council SwffRepon October 23, 2000 residential and commercial uses, in that a restaurant 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." CITY COUNCIL OPTIONS re: APPEAL: Once all testimony and evidence has been received by the City Council, it is appropriate for the Council to make a final determination regarding these matters. After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Deny the appeal and sustain the decision of the Planning Commission, subject to appropriate terms and conditions. 2) Sustain the appeal, revising the decision of the Planning Cotmnission, not permitting the proposed on -premise sale of beer and wine as part of the existing restaurant operation. 3) Sustain the appeal, revising the decision of the Planning Commission in accordance with terms and conditions other than those approved by the Planning Commission regarding the proposed on -premise sale of beer and wine as part of the existing restaurant operation. Staff has prepared as Attachment 1, a resolution of the City Council sustaining the determination of the Planning Commission. If the City Council determines to adopt option (1) after conducting the public hearing, it would be appropriate to adopt that resolution. If the City Council determines to adopt option (2) or (3), it is appropriate to revise the resolution based upon the determinations of the City Council. If the determination of the City Council is to sustain the appeal and deny the requested application or approve with revised conditions, it would be appropriate to instruct staff to revise the prepared resolution for consideration by the City Council this evening, or on November 13, 2000, depending on the complexity of the determined modifications, setting forth the necessary findings, as determined appropriate by the City Council. Cu 10.Appwsunacpw 4 Public Hearing re: Appeal of Approval of Conditional Use Permit 00-10 Plaming Commission Resolution 00-33 1198 Paces Coast Highway (Blackboard Bistro) City Council SwfjReport October23, 2000 NOTED AND APPROVED Whitten erg, Duec[or Wald F. McIntyre velopment Services Department Acting City Manager Attachments: (5) ATTACHMENT A: Proposed City Council Resolution Number , 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) ATTACHMENT B: Appeal by Councilman Yost, received September 27, 2000 ATTACHMENT C: Planning Commission Resolution No. 00-33 ATTACHMENT D: Planning Commission Minutes of September 20, 2000 ATTACHMENT E: Planning Commission Staff Report of September 20, 2000, with Attachments 1 through 6 CUP 00.10.Appul Stiff Report November 6, 2000 Mr. Joseph Barbara Blackboard Bistro 1198 Pacific Coast Highway Seal Beach, California 90740 Dear Mr. Barbara, Forwarded for your records is a certified copy of Resolution Number 4852 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).' Resolution Number 4852 was adopted by the Seal Beach City Council at the regular meeting of October 23rd, 2000. Very truly yours, Joanne M. Yeo, City Clerk City of Seal Beach Encl. (1) Public Hearing re: Appeal of Approval of Conditional Use Pemdt 00-10 Planning Commission Resolution 00-33 1198 Pacific Coast Highway (Blackboard Bistro) City Council Staff Report October 23, 2000 ATTACHMENT B APPEAL BY COUNCILMAN YOST, RECEIVED SEPTEMBER 27, 2000 cmmloAppeo sm Imm 14 September 27h, 2000 Don McIntyre, Mayor, and Members of the Seal Beach City Council This letter is to inform you that I am appealing the planning commission approval of a CUP for alcohol sales and consumption at the Blackboard Bistro (Formerly Russell's). Paul Yost Public Hearing re: Appeal of Approval of Conditional Use Permit 0410 Planning Commission Resohmon 00-33 1198 Paces Coast Highway (Blackboard Bistro) City Council Staff Report October 23.2000 ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 00-33 cve00-10AppmswfRcpW 15 RESOLUTION NUMBER 00-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 00-10, ALLOWING THE SALE OF BEER AND WINE FOR ON PREMISES CONSUMPTION (1198 PACIFIC COAST HIGHWAY) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: 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 § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 99-10 for the proposed sale of beer and wine is categorically exempt from review pursuant to the California Emironmental 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. 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 was in attendance, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of September 20, 2000 indicates the following (a) On August 8, 2000, Joseph Barbara submitted an application for CUP 00-10 with the Department of Development Services. (b) Specifically, the applicant is proposing to sell beer and wine for on premises consumption only. (c) The subject restaurant contains approximately 2400 sq. ft., including a 400 square foot outdoor dining area. C:Wyn .memsVtESO\CUP00-10, 1198 PCH. PC Re.A. %. 21-00 Plam. ,r.: Commission Resoluom. 00-33 CUP 00-10, 1198 Paces Coast Highway September 20, 2000 (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: EAST & WEST— Retail businesses in the General Commercial (C-2) zone. NORTH — Retail businesses in the General Commercial (C- 2) zone & Residential Housing in a Residential Low Density (RLD) zone SOUTH— Zoeter field and "Surf & Sun" preschool in a Public Land Use (PLU/R) zone and Residential Housing in a Residential High Density (RHD) zone. (f) Captain John Schaeffer of the Seal Beach police department said that he has no objections regarding the granting of this request. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 18-1400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (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 permits alcoholic beverage sales subject to the issuance of a conditional use permit. The proposed conditional use permit 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 pan of an existing restaurant operation. (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 restaurant 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 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 00-10, subject to the following conditions: CUP 00.10. 1198 PCH.K aero Plannine Commission Resolution 00.33 CUP 00-10, 1198 Pacific Coast Highuar September 20, 2000 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. 4. It shall be the responsibility of the applicanUlicensee 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 development: ❑ 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. 6. The following organizations provide training programs, which comply with the above criteria: Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol R Drugs (LEAD) Telephone: (714) 558-4101 Date: 1st' Monday of each month Time: 10:00 a.m. to 1:30 P.M. Cost: Free Place: ABC, 28 Civic Center Plaza, Santa Ana CUP 00.10. 1198 PCH. PC aeso Planning Commission Resolution 00-33 CUP 00-10, 1198 Pacific Coast Highway September 20, 2000 ❑ Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: Serving Alcohol Responsibly (BARCODE) Telephone: (714) 834-2860 * Karen Keay Date: They will schedule appointments Cost: $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. 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. 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 13D, "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 13D. 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 CUP 00. 10, 1198 PCHPC Rem Plain. •gym ussion Resolution 00.33 CUP 00-10, 1198 Pacific Coast Highivaly September 20. 2000 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. 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. 20. This CUP 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. 21. 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. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20ih day of September, 2000, by the following vote: CUP00.10.1198 KKK R.0 Planning Commission Resolution i�-33 CUP 00-10, 1198 Pacific Coast Highway September 20, 2000 AYES: Commissioners BROWN, CUTULI, LYON, SHARP, AND CHAIRMAN HOOD NOES: Commissioners NONE ABSENT: Commissioners NONE David Hood, Ph.D., Chairman of the Planning Commission e Wlilttenberg � Secretary of the Planning Comtm CUP 00-10,1198 PCH.PC Res. Public Nearing re: Appeal oJApproval of Conditional Use Permit 0410 Plm nmg Commission Resolution 0433 1198 Pac{jic Coast Highway (Blackboard Bistro) City Council smgRepon October 23, 2000 ATTACHMENT D PLANNING COMMISSION MINUTES OF SEPTEMBER 20, 2000 CUP0M0.nppmsntrxepW 16 City or Seal Beach Planning Commission Meeting Minutes of Septemoer20, 2000 1 Mr. Whittenberg advised that the adoption of Resolution No. 00-30 begins a 10 -day 2 calendar appeal period to the City Council. The Commissioner action tonight is final 3 and the appeal period begins tomorrow morning. 4 5 6 SCHEDULED MATTERS 7 8 None. 9 10 11 PUBLIC HEARINGS 12 13 3. Conditional Use Permit 00-10 14 1198 Pacific Coast Highway (Blackboard Bistro) 15 16 Applicant/Owner: Joseph Barbara 17 Request: The ability to serve beer & wine for on premises 18 consumption only. 19 20 Recommendation: Approval, subject to conditions, and adoption of 21 Resolution 00-33. 22 23 Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and presented photographs of the establishment. He described the property as Orange County Assessor's Parcel No. 043-12236 and stated that the restaurant measures approximately 2,400 square feet, which includes a 400 square foot patio fronting Pacific Coast Highway at the corner of 12th Street. He stated that the property received approvals from the City for a Plan Sign Program in 1989 and an amended Sign Program in 1990. He reported that the Surf and Sun Preschool is the nearest residential property located immediately to the south of the restaurant. Mr. Cummins stated that routine action on all Alcohol and Beverage Control (ABC) requests is to contact the Seal Beach Police Department (SBPD). He stated that Captain John Schaeffer had reviewed the application and has no objections to its approval. He described the surrounding land uses as follows: NORTH: Retail businesses in a Service Commercial (C-1) Zone. SOUTH: Housing in a Residential High Density (RHD) Zone and a Public Land Use (PUR) Zone. WEST: Residential High Density (RHD) and the Main Street Specific Plan (MSSP) Zone. City of Seal Beach Planning Commission Meeting Minutes of September 20, 2000 EAST: Residential housing in a Residential High/Medium Density (RHD/RMD) Zone and General Commercial in a C-2 Zone. Mr. Cummins reported that he had contacted ABC to acquire the current ratios for overconcentration of ABC licenses within the County. Mr. Cummins explained that to determine the concentration of licenses ABC will take a ratio of the total number of licenses issued in the County and divide this by the total population to establish a base ratio. He reported that currently the ratio for on-site sale licenses is 1 license for every 954 residents. He stated that this ratio is then applied to the population of the census tract to generate the number of allowable licenses. He said that currently for this census tract 7 on-site sale licenses are allowed, and currently 26 have been issued. He reviewed ABC Regulation 61.3, which gives ABC the option to deny an alcohol license in overconcentrated areas, which also have high crime reporting districts. He stated that this area is not a high crime district and overconcentration in this case would not necessitate a denial. He said that ABC leaves these issues up to the individual cities, as there are individual characteristics to each application to be considered. He noted that had this restaurant been located on the north side of Pacific Coast Highway the concentration ratio would have been significantly different as that is where the census tract boundary line lies. He also noted that the majority of the city's alcohol licenses are for establishments located along Main Street. Mr. Cummins sated that noise would not be an issue as the outdoor dining area fronts Pacific Coast Highway and is contained by a 4 -foot high plastic shielding that helps to dull any loud noise. Staff recommends approval of Conditional Use Permit 00-10, subject to conditions as this request is consistent with the Land Use Element of the General Plan and the building and property are adequate in size, shape, topography, and location for the proposed use. Commissioner Questions Commissioner Cutuli asked if the Surf and Sun Preschool could be categorized as a school. Mr. Cummins stated that ABC was contacted regarding this issue and confirmed that the preschool would be classified as a school. Commissioner Cutuli asked if there were no problem with the City approving on site beer and wine sales at an establishment next to a school. Mr. Cummins stated that the ABC representative had reported that ABC can refuse to issue an alcohol license to a business that is located within 600 feet of an existing school, but it is not an automatic refusal. He stated that ABC does provide a notice of the application for a license to the surrounding area, and if any protest is received, then the license would be denied. Commissioner Cutuli asked if ABC has provided notice yet. Mr. Cummins responded that the notice has been sent and no response or protest has been received. Public Hearin Chairperson Hood opened the public hearing. City o/ Seal Beach Planning Commission Meeting Minutes or Sepfember20, 2000 Mr. Joseph Barbara stated that he is the owner of Finbar's Kitchen in Seal Beach and that in the 4 years that Finbar's has been in operation there have been no incidences or problems with serving alcoholic beverages. He stated that most people realize that today in order to be successful in the restaurant business, it is important to be able to serve wine or beer with meals. He requested approval of this application so that the Blackboard Bistro can compete in the market. Commissioner Sharp asked if Mr. Barbara had plans to remodel to include a bar or lounge. Mr. Barbara stated that all of the remodeling of the restaurant is complete and there are no plans to add a bar. He said that the only thing left to do was to complete interior signage. Chairperson Hood closed the public hearing. Commissioner Comments Commissioner Brown asked what had happened to the district boundary signs that were previously posted on the Council Chambers blackboard. Mr. Whittenberg stated that he did not recall these signs being posted for quite some time. He indicated that the property was located in Commissioner Brown's district. Commissioner Brown stated that the issue of overconcentration of ABC licenses would inevitably come up, but he believed the important consideration was whether or not the business is a bona fide eating establishment. He noted that in this case he did not see this as a problem as the applicant has a long history at other restaurants in town and the Commission is well aware of the applicant's character. He said that although there are concerns that should the property be sold, another owner might decide to operate a strip bar under the same Conditional Use Permit, he believes that some things have to be taken at face value. Commissioner Brown emphasized that when you have a well-known business operator with a good record, the Commission must assume that he will operate in good faith, and he was sure that Mr. Barbara would do so. Mr. Whittenberg reassured the Commission that any use involving entertainment would require approval of a separate Conditional Use Permit. He reported that Conditional Use Permit 00-10 does not allow live entertainment on a regular basis. Mr. Whittenberg also noted that in order to create a bar area in the restaurant, the applicant would have to apply for approval by the Planning Commission. Commissioner Brown stated that he expressed this concern as several of the businesses on Main Street that began as bona fide eating establishments could now be categorized as "bars" or "beer bars" and not as restaurants. Commissioner Sharp stated that although initially he had some concerns about Conditional Use Permit 00.10, after talking with the Director of Development Services those concerns were allayed. He said that he recognizes that it is difficult in this day and age for a restaurant to succeed without a liquor license and he is now in favor of approval. City of Seal Beach Planning Commission Meeting Minutes of September 20, 2000 The Director of Development Services clarified that after his conversation with Commissioner Sharp, Staff had contacted ABC. He said that their rules do allow for the automatic denial of a license for any establishment within 600 feet of a school, and this includes day care facilities, if an objection is filed on the ABC notice of their intent to issue a license. He stated that at this point no objections to the notice have been received. Chairperson Hood asked if this rule also applied to anything that might happen subsequent to the license being issued. Mr. Whittenberg responded that should problems arise once a license has been issued and a complaint is received, ABC will investigate and take specific steps to attempt to remedy the problem. If the problem continues after a period of time, ABC can then rescind the license. Commissioner Sharp asked if a review period had been included for this application. Mr. Whittenberg responded that for this application Staff has recommended a 12 - month review. He noted that another Condition of Approval states that should problems arise before the end of the review period, the Planning Commission can recall this Conditional Use Permit for a hearing. He reported that this is a standard condition that is included with all Conditional Use Permit applications. MOTION by Brown; SECOND by Cutuli to approve Conditional Use Permit 00.10 and adopt Resolution No. 00-33. MOTION CARRIED: 5-0 AYES: Brown, Cutuli, Hood, Lyon, and Sharp NOES: None ABSENT: None Mr. Boga advised that the adoption of Resolution No. 00-33 begins a 10 -day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 4. Conditional Use Permit 00.11 137 Main Street (Old Town Cafd) Applicant/Owner: David Morgan Request: The ability to serve beer & wine for on premises consumption only. Recommendation: Approval, subject to conditions, and adoption of Resolution 00-34 Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and Public Hearing re: Appeal of Approval of Conditional Use Permit 00.10 Planning Commission Resolution 00-33 1198 Pacific Coast Highway (Blackboard Bistro) City Council Suiff Repon October 23, 2000 ATTACHMENT E PLANNING COMMISSION STAFF REPORT OF SEPTEMBER 20, 2000, WITH ATTACHMENTS 1 THROUGH6 cue oatuwp�i Swrsepon 17 September 20. 2000 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 00-10 1198 Pacific Coast Highway GENERAL DESCRIPTION JOSEPH BARBARA CITY OF SEAL BEACH 1198 PACIFIC COAST HIGHWAY (%OETER PLACE) GENERAL COMMERCIAL (C-2) ABILITY TO SERVE BEER AND WINE FOR ON -PREMISES CONSUMPTION ONLY. THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. 28-1400;28.2503;28.2504 APPROVAL OF RESOLUTION 00.33, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER BEVIS ED BY THE COMMISSION APTER CONSIDERING PUBLIC TESTIMONY. FACTS CUP 00-101198 Pacific Coast Highway ■ On August 8, 2000, Joseph Barbara, 'Blackboard Bistro" (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 00-10, seeking the ability to serve beer and wine for on -premises consumption only. ■ The subject property is described as Orange County assessor's parcel N 043-122-36. ■ The subject restaurant contains approximately 2400 sq. ft, including a 400 sq. ft. outdoor patio. ■ The subject property contains an existing restaurant, which has just recently changed ownership. The previous restaurant was Russell's. ■ The subject property has received the following approvals from the City: o CUP 89-15, a planned sign program & CUP 90-11, amending the original planned sign program. ■ The nearest residential property is located immediately to the southwest of the property. There is also the "Surf & Sun" preschool located immediately adjacent to the property. ■ The surrounding land uses and zoning are as follows: 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 school in a Public Land Use (PLU/R) zone and Residential Housing in a Residential High Density (RHD) zone. ■ John Schaeffer, a Captain with the Seal Beach Police Department, has reviewed the application and has no reservations or concerns regarding this request. Applicant's Statement: See attached application (Attachment 3). DISCUSSION The applicant is proposing to sell beer and wine for on -premises consumption only. The existing restaurant, Russell's, did not wish to serve beer or wine. The new owner wishes the new restaurant to have the ability to serve beer and wine. As this is an existing restaurant with existing conditions which are not being changed in any way, parking is not an issue in this case. Staffs chief issue which staff thinks the commission should consider in reviewing this application regards overconcentration of ABC licenses. Over Concentration of alcoholic beverage licenses has been an issue within the city in the past, particularly in areas with high crime repotting districts. The State's Alcoholic Beverage Control Act, Regulation 61.3, says that if an area has both high crime and an over concentration of ABC CU,i 101198 Pacific Coast Highway licenses, ABC can automatically deny an application for a liquor license. Several years ago, the City's Police Chief made a request to ABC that the City be placed under Regulation 61.3. The purpose of this request was to give ABC a basis on which to deny a license request. However, a City may approve a CUP application in an over concentrated area if it so desires. The subject area is NOT in a high crime reporting district. Over Concentration of ABC Licenses ABC calculates the total number of ABC licenses in Orange county and divides the total County population by the number of ABC licenses to detemmne a ratio of licenses per capita. ABC then takes the latest US Census population statistics for the Census tract in which a license is to be placed and compares it with the ratio of a number of people per license. If there are more licenses than the number allowed, the ABC considers that census tract over concentrated. The current ratio is I on -sale license per 954 people in a census tract, and 1 off sale license per 1642 people. Alcoholic Beverage Control was contacted by staff during the review process of this case, and the following information was gathered regarding the census tract 995.05, the tract in which the subject property is located. The following table indicates the current ABC licensing regulations and permits issued. Po uladon 1990 On Sale Allowed On Sale Have Off Sale Allowed I Off Sale Have 6390 7 126 NOTE: Staff recognizes that the conversion ratio is not exact ABC may have more recently updated population figures. However, allowed and actual permits issued figures are accurate for the census tract as of 9/12/00. In addition, figures do not reflect the other application before the Commission at 137 Main St. Approvine Alcohol Licenses in Overconcentrated Areas Staff would like to point out that merely being overconcentrated does not automatically necessitate denial of a new ABC license request. ABC reserves the right to automatically deny a request in an overconcentrated area, but individual cities are left with the ability to analyze individual applications as the arise and make decisions regarding CUP's based on the individual circumstance. Tbis particular restaurant is located right on Pacific Coast Highway at 12'" St., with the open seating area facing out on Pacific Coast Highway. It is located in an "overconcentrated" census tract. But this fact might be slightly misleading by virtue of the fact that the census tract in which this business is located also includes Main St, which has several ABC licenses. If the restaurant were to be located on the other side of PCH, the amount of overconcentration would be significantly decreased. CUP 00-101198 Parifir Casal Highway The issue of noise and other effects of overconeentration is worthy of note in this regard as well. Much of the fear regarding overconcentration comes from the fear that excessive noise or other ill effects will result as a result of the new application. This is the thrust behind regulation 61.3 detailed above. However, this regulation gives cities the individual autonomy to analyze the applications on a case by case basis. In this case, the applicant seeks the ability to serve beer and wine. This, staff would assert, is significantly different than if the applicant wished to serve an entire range of liquor. The issue of noise, at first glance, might be of concern in this matter due to the outdoor dining area. Upon closer examination, the outdoor dining area fronts PCH, and is completely enclosed by an approximately 4 foot high plastic shielding. This shielding will block much of the noise and the fact that it is located on Pacific Coast Highway and not immediately facing any residential structures should be taken into account. Further, in terms of noise and related effects upon the school, staff does not see this request creating any adverse effect upon the school or park areas. The school is located immediately south of the subject property and the restaurant entrance is located on southerly side of the property. This means that the only point the restaurant can affect the school is out the front entrance. As such, staff sees no incongruance between the two uses. In terms of residential properties being located nearby, staff does not see any ill-effects associated with this request for the same reasons outlined above. RECOMMENDATION Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve Conditional Use Permit 00-10 subject to conditions and a twelve-month review period. Staffs recommendation is based upon the following: Li 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 permits restaurants serving alcoholic beverages 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 is consistent with the General Plan. o The building and property at 1198 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Approval of Conditional Use Permit 00-10 should be through the adoption of Resolution No. 00.33, with the following conditions in place: 1. CUP # 00-10 is approved for the ability to serve beer and wine for on sale consumption only. CUP 00-101198 Pacific Coag Highway 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. 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 development: o 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. o 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. o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing under age customers. 6. The following organizations provide training programs, which comply with the above criteria: Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558.4101 Date: 1 st' Monday of each month Time: 10:00 a.m. to 1:30 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Santa Ana o Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: Serving Alcohol Responsibly (BARCODE) Telephone: (714) 834-2860 * Karen Keay Date: They will schedule appointments Cost: $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. CUP 00-10 1198Paehu Coat/ Highway 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. ]0. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer azea 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. 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. 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 13D, "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 13D. 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. 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. CUP 00-101198 Pacific Co Highway 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 harts 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. 20. This CUP 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. 21. 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. 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. G Mac Cummins a Whiitenberg Assistant Planner hector of Development Serv' s Attachments (6): 1. Proposed Resolution 2. Code Sections 3. Application 4. Menu 5. Photos 6. Plans CUP 00-10 1198 P"ifiie Carat Highway Attachment 1 RESOLUTION NUMBER 00-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 00-10, ALLOWING THE SALE OF BEER AND WINE FOR ON PREMISES CONSUMPTION. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: 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 § 113 of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 99-10 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. 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 was in attendance, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of September 20, 2000 indicates the following: (a) On August 8, 2000, Joseph Barbara submitted an application for CUP 00- 10 with the Department of Development Services. (b) Specifically, the applicant is proposing to sell beer and wine for on premises consumption only. CUP 00-10 1198 Pacific Cant Highway (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: 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 (RID) zone o SOUTH— Zoeter field and "Surf & Sun" preschool in a Public Land Use (PLU/R) zone and Residential Housing in a Residential High Density (RHD) zone. (f) Captain John Schaeffer of the Seal Beach police department said that he has no objections regarding the granting of this request. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 18-1400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (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 permits alcoholic beverage sales subject to the issuance of a conditional use permit. The proposed conditional use permit 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. (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 restaurant 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 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 00-10, subject to the following conditions: CUP 00101198 Pacif¢ Coast Highway 1. CUP p 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. 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 development: ❑ 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. o Methods of dealing with intoxicated customers and recognizing under age customers. 6. The following organizations provide training programs, which comply with the above criteria: Provider: Department of Alcoholic Beveraee Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558.4101 Date: 1st' Monday of each month Time: 10:00 a.m. to 1:30 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Santa Ana ❑ Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: Serving Alcohol Responsibly (BARCODE) Telephone: (714) 834-2860 * Karen Keay Date: They will schedule appointments Cost: $12.95 per person CUP 00-101193 Pacific Coav Highway 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. 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. 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 13D, "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 applicantloperator to mitigate the noise level to comply with the provisions of Chapter 13D. 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. 17. A modification of this CUP shall be applied for when: a. The establishment proposes to change its type of liquor license. CUP 00-101198 Pacific Coast Highway 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. 20. This CUP 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. 21. 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. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20`s day of September, 2000, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners David Hood, Ph.D., Chairman of the Planning Commission Lee Whittenberg Secretary of the Planning Commission CUP 00-101198 Pacific Coast Highway ATTACHMENT 2 CODE SECTIONS S 28-1400 Zoning S 28-1400 Article 14 General Commercial Zone (C-2 Zone). Section 28-1400. Permitted Uses. In the C-2 Zone, the following uses only are permitted and hereinafter specifically provided and allowed by this article: (1) Any use permitted in either the C -D or the C-1 Zone; (2) Automobile and boat sales; (3) Auto repairing and tire center; (4) Mortuaries; (5) Gymnasiums; (6) Furniture repair and upholstery shop; (7) Fishing tackle shop; (8) Retail meat storage locker; (9) Retail or service businesses catering directly to consumers, when interpreted by the Planning Commission as meeting the intent of general commercial uses; (10) Adult -Oriented Businesses, except as provided in paragraphs (a)(i) through (a)(vi) of Section 11E-5, and subject to the other provisions of Chapter 11E of this Code. (11) The following additional uses subject to the issuance of a Conditional Use Permit: (a) Car wash during daylight hours; (b) Motorcycle sales or rentals; (c) Automobile service stations (See Sec. 28-2318); (d) Private tennis club; (e) Billiard parlor; (f) Drive-in Restaurant; (g) Lumberyard/home improvement center; (h) Hotel; 7700 (Sul Beach 27194) S 28-1400 Seal Reach City Code S 28-1401 1 (i) Large collection recycling facilities as defined in Section 28-2321. (Ord. No. 948; Ord. No. 1024,51; Ord. No. 1121, S2, 3; Ord. 1238, 64; Ord. No. 1257, 63; Ord. No. 1387) Section 28-1401 Limitations on Permitted Uses. Every use permitted shall be subject to the following conditions and limitations: (1) All uses shall be conducted wholly within an enclosed building except: (a) Automobile house trailer sales area; (b) Boat sales; (c) Drive-in restaurant; (d) Parking lots; (e) Service stations, but only insofar as materials and equipment to service automobiles are concerned; (f) Automobile sales areas; ) (g) Commercial swimming pools used for display purposes; (h) Lumberyard/home improvement center. (2) Products made incident to a permitted use and manufactured or processed on the premises shall be sold on the premises and at retail only. (3) All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar cause. (4) Storage shall be limited to accessory storage of commodities sold at retail on the premises. (5) where any property used for commercial purposes has a common property line with property toned for residential purposes, there shall be provided a solid masonry or concrete block wall not less than six feet in height at such property line except where a wall of a building is on such property line, no separate block wall need be provided. (Ord. No. 948; Ord. No. 1024, Sl) (deal leach 12104) 7701 CUP 00-101198 Pacific Coast Highway ATTACHMENT 3 Application -7da h X Scl y r aN 4 �l GZX Of �- o ' � V^ oL9 o oho O CID 0 o�aoD� 00 oa r J 1 'J V% C7— V ly O CID 0 o�aoD� 00 oa 0 CI� T vv c �q�-Jo�l7Z CITY OF SEAL BEACH PUBLIC HEARING APPLICATION FOR OFFICE USE ONLY Application No.: C` _ C� O o - k C i - Date Filed: Planning Commission' Date: Date Complete: 1. Property Address: 1 I Cl 6 P CAf I t4 , 2. County Assessor's Parcel No: 3. Applicant's Name: `l �v�H RA ZBRk fl Address: 13i D00rttN 4kI S6 Chi CjG1uG b y I- 3�9- Phone: Home (57,L) Work: (521) t43o - FAX:(Q;2,) 43C -84t3 4. Property Owner's Name: Address: Home Phone: ( ) 5. General Plan and Zoning Designation: 6. Present Use of Property: kSe t 7. Proposed Use of Property: S �1 t 8. Request For: l o�- W kt3 9. Describe the Proposed Use: -RkE�-17A t 10. Describe how and if the proposed improvements are appropriate for the character of the surrounding neighborhood: N0 Page 7 Rev. 2M0 11. Describe how and tf the approval of this Unclassified Use Permit would be detrimental in any way to other property in the vicinity: 12. Proof of Ownership Staff is to attach here a Photocopy of a picture I.D. and a photocopy of the Gram Deed provided by the applicant. or Signed and notarized Owner's ANdevB to be competed and attached to the application. 13. Legal Description (or attach description from Title or Grant Deed): gnature of Applicant) BR28f�tiP- (Pim NinT,, (Date) By: (Signature of Applicant) (Pint Name) (Date) For Office Use only This is to co* that I have aspected the foregoing application and found it to be thorough and complete it conforms to the rules of the City of Seal Beach governing the filing of on application for an Unclassified the Permit Application (Pont Marne) (signature) (PnraTitk) (Date) Page 8 R.V. Loo Environmental Information and Checklist Form For office Use Only Appiiolion lVn.: Date Filed: General Information 1. Name and address of Developer or Project Sponsor., Name: ��QKTT\2V� Address: Q v L ,11-( I r\) HAI City: C�"R. 11 State: CAL Zip: c) y Telephone: -7 41 y— Y"4 3 FAX: l 1 Y� F. R ' S3c.6� y07Yn 2. Address of Project Assessor's Parcel Number: 3. Name and address of Project Contact Person: C n Name: Address: City: State: Zip: Telephone: FAX 4. List and describe any other related permits and other public approvals required for thispproject, including those required by city, regional, state and federal agencies Jlvv' 6. Existing zoning: 2 Existing General Plan: C 1. 2 6. Proposed use of site: 'V—s Cy t M1X-exT Page 11 Ihv. boo Project Descriptio- � �� 7. Site size (square footage): 8. Square footage of proposed Project q. Number of floors of construction: 10. Amount of oft -street parking provided: 11. Plans (attach) 12. Propc..ed scheduling: 13. Associated projects: i I 14. Anticipated incremental development: 15. For residential projects, indicate the: A Number of units: B. Unit sizes: C. Range of sale prices or rents: D. Household size(s) expected: 16. For commercial projects, indicate the A Type of project: 1 \mz (w \V \1 V B. Whether neighborhood, city or regionally oriented: �touo C. Square footage of sales areas: t R 00 D. Size of loading facilities: 'I`- 17. 17. For industrial projects, indicate the: A Type of project: _ B. Estimated employment per shift: C. Size of loading facilities 18. For institutional projects, indicate the: /Q A Major function: Page 12 Wr. SNo B. Estimated employ ent per sAft: _ C. Estimated occupa icy: D. Size of loading facilities* 1v4TI E. Community benefits derived from the project: 19. H the project involves a variance, conditional use permittunoonditional use permit, height variation or rezoningap licatioe this and indicate Dearly why the applicationisrequired: E Q7. n, state,qr-ui Bfi� r curry ke the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours? 21. Change in scenic views or vistas from existing residential areas or public lands or roads. Page 13 Rm 2M 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. _ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. Y 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. Page 13 Rm 2M 29. Substant' I change; in demand for municipal service (police, L a, water, sewage, etc.). 30. Substantially Increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to larger project or series of projects. Environmental Setting 32. On a separate page, describe the project site as R exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. uescribe any existing structures on the site, and the use of the structures. Attach photographs of the site. 33. On a separate page, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment homes, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity. Environmental Impacts (Please explain all "yes" and "maybe" answers on separate sheets.) Page 14 Rev. coo YES MAYBE NO 34. Earth. Will the proposal result in: a. Unstable earth conditions or t changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the W117 C. Change in topography or ground surface relief features? d. The destruction, covering or �( modification of any unique geologic or physical features? /\ e. Any increase in wind or water erosion o1 soils, either on or off the see? n , Page 14 Rev. coo kbit 36. I. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? E,Ir. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture or temperature or any charge in climate, either locally or regionally? Water. Will the proposal result in: a. Changes in currents, or the mum or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? C. Alteration to the course or flow of flood waters? d. Change in amount of surface water In any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to temperature, dissolved oxygen or turbidity? I. Alteration of the direction or rate of flow of ground waters? Page 15 YES MAYBE NO Rev. flee 37. 38. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? I. Exposure of people or property to water -related hazards such as flooding or tidal waves? j. Significant changes in the temperature, flow or chemical content of surface thermal springs? Plant Life. Wilt the proposal result in: a. Change in the diversity of species, or number of any species o1 plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a banner to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benlhic organisms, insects and microfauna)? Page 16 YES MAY' -E NO h T- Rev. 7100 39. 40, 41. 42. a] YES MAYBE ,p to Reduction of the numbers of any unique, rare or endangered species or animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to server noise levels? Lioht and Glare. Will the proposal produce new light or glare? X Land Use. Will the proposal result in a substantial afleration of the present or planned land use of an area. Natural Resources. Will the proposal result in: a. Increase in the rale of use of any natural resource? b. Substantial depletion of any nonrenewable natural resource? Risk of Upset. Will the proposal result in: a. A risk of explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the even \ , of an accident or upset conditions? X b. Possible interference with an emergency response plan or an emergency evacuation plan? /\ Page 17 Rev. Z= Page 18 h... 1000 YES MAYBE NO 44.Population. Will the proposal atter the location, distribution, density, or growth rate 'V+ of the human population of an area? 45. Housin . Will the proposal affect existing housing, or create a demand for additional �[ housing? /\ 46. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? K e. Alterations to waterbome, rail or air traffic? I. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 47. Public Services. Will the proposal have an effect upon, or result in a need for new or shared governmental services in any of the following areas: a. Fire protection? X b. Police protection? tX C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, Including roads? X f. Other governmental services? �( Page 18 h... 1000 48. Enerov. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increases in demand upon existing sources of energy, or require the development of new sources of energy? 49. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? C. Water7 d. Sewer or septic tanks? e. Storm water damage? f. Solid waste and disposal? 50. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazards (excluding mental health)? b. Exposure or people to potential health hazards? 51. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 52. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological she? YES MAYBE NO X FIN Page 19 Rev. zno X M 56. YES MAYBE NO b. Will the proposal result in adverse physical or aesthetic effects fo a prehisionc of historic building, stritcture or object? C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? it. Will the proposal restrict existing religious or sacred uses within the potential impact area? Significance Mandatory Findings o1 a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below sell - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant and animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short -tern impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term Impacts will endure well into \' the future.) —�X4— Page 20 Rev. Ina YES MAYBE NO C. Does the project have impacts which are individually limited, but Cumulatively considerable? (A project may affect two are more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects that will cause substantial adverse effect on human beings, either directly or indirectly? Page 21 Rev, M NOTE: Bel re a Lead 49ency can accept this application as complete, the applicant must consult the lists prepared p ..,uant to Section 65952.5 of the Government Code and submit a signed statement indicating whether the project and any alternatives are located on a site which is included on any such list, and shall specify any list Hazardous Waste and Substances Statement The development project and any alternatives proposed in this application are contained on the lists complied pursuant to Section 65962.5 of the Govemmenl Code. Accordingly, the project applicant is required to submit a signed statement which contains the following information: 1� R 1. Name of applicant:1 cal 1 2. Street:: 1 ` L PCH\^ A, 3. City: 4. Zip Code: (�� U O 5. Phone Number: 5;15-9� CJs 6. Address of site (street and zip): �g A LL/ /a l S �oyo 7. Local Agency (city/county): C 0 a. Assessor's Parcel Number: C-) (l3 — —7 9. Specify any list pursuant to Section 65962.5 of the Government Code: 10. Regulatory identification number: 11. Date of list:: Date: Signature: Applicant: Page 23 Rev. V" NOTE: In the event t' at the project site and any alternatives are not listed on any list complied pursuant t�. Section 65962.5 of the Government Code, then the applicant must certify that fact as prvided below. I have consulted the lists complied pursuant to Section 65962.2 of the Government Code and hereby certify that the development project and any alternatives proposed in this application are not contained on these lists. w n , Date: 06 wff� Signature \ Applicant `1 Oc't?ri E71kLbM"A Page 24 p,,,, MO Applicant s Affidavit Radius Map for Public Hearing I 1 ''rf'c�m 2)r0Ab * , certify that on the l0 day of 44LCS ,T I prepared an ownershjp/ c upant list and radius map, which included properties and esidential dwelling units entirely within or partially within three hundred feet (300') of the most exterior boundaries of the property being considered in the above -referenced case known as (address) l 4 3 P` R 5 h c� 4•? 0 Property Owners. The names and addresses listed were taken from the latest records of the Orange County Assessor. Such names are recorded in the records of the County Assessor as being the present owner(s) of both the property involved in said case and of property in the immediate vicinity thereto. Occupant Notification. I obtained the mailing addresses of occupants within 300' of the subject propertyin the following manner: W 01L-v`1i O -2-k Sett �c W 1d D Ow tJ \"� fro 04A-3SK. I certify that said ownership/occupant list and radius map are correct and accurate to the best of my knowledge. I also acknowledge that any errors in this information will constitute an incomplete application and may invalidate its approval. PRINT INAUMIN APPI-104 I1T'S S GNATURE 'Wra DATE Page 25 P.. coo CUP 00-101198 Pacific Coast Highway ATTACHMENT 4 Menu f5Ia6kboarcA �is+ro enligh+ened Foad Hamaroom served till noon everyday ... 2 pm Sa+/Sun Omelef+es 3 XL AA egg omelettes served with homemade hash browns and +oast or English muffin Kansas Gi+y 6.95 - Cure 91 ham or bacon wi+h cheddar rZancher0 7.50 -'ground boef, green anion, +oma+a, Ortega chili, cilantro and jack Avocado and Fawn 7.25 crisp baeon and 61,edd4r +opped wi+h avoeado and sour bream Italian 6.95 - sausage, +oma+oes andja6k r2ounc! +he World 7.25 - ham, bacon, sausage, mushrooms, +oma+o and jack 2 Egg Anyway, Cooked anyway you like +hem wi+h homemade hash browns and +oas+or English muffin 2 XL AA eggs 4.50 - with bacon or sausage 5.95 - wi++, cure 61 ham 6.50 - wi+h a beef, +urkey or veggie pa++y 6.75 - with red 61,ili +urkey hash 6.95 we will gladly subs+i+u+e egg bza+ers or egg whites for any omele++e or s/ramble Vegetarian 7.25 - mushrooms, +omatoes, bell pepper, green anion, and cheddar tapped with avocado and sour cream popeye 6.75 - spinach, mushroom and Swiss Denver 6.95 - ham, die" onion, bell pepper and cheddar Cheese 6.25 -cheddar, jackar Swiss Hangover 6.95 - Or+zga green chili and Cheddar +opped wi++, sour bream 15is+ro F-;)enny5 +wo poached eggs, English muffin and homemade hollandaise. Served wi+h HASH browns eggs FSenedic+ 7.50 -+he /lassie wi+h Canadian bacon California Benedict 7.75 - 6rispy bacon, +oma+o and avocado eggs Florentine 7.25 - with fresh spin461, and 6rispy ba6on Texas 7.50 - wi+ii red ehile iurkey hash Ho+ Cakes Waffles and Frenzh Togs+ made from Sara+ch. Served with warm syrup and whipped bu+her Buttermilk pAflcAkes (5) 4.50 chart stack (3) 3.75 The 'Playground $.9$ - /arv,akv�, frerwh taws+or waffle with one e99 and 4 strips of bacon or sausage Old Fashioned Waffles 4.50 French Toast 4.50 -+hick egg breAd dipped in eggs, vanilla and cinnamon -add berries or bananas 1.2$ -add bacon or sausage 1.50 Odds and Ends Toas+, English Muffin or Bagel 1.50 - Add cream aheehe .75 Handmade Muffins 1.95 Hash Browns 2.50 -add cheese And onion .50 Bacon or Sausage 2.95 Beef or Turkey Qa++Y, Cure 61 Nam or Red Chili Turkey Hash 3.25 S+mAmed Spinach 2.95 Sliced Tomatoes 2.25 Brown Rice 2.25 French Fries 2.25 Spe4ial9puds 4.95 QO+a+O Salad 2.25 Cole Slaw 2.25 One egg .95 +wo eggs 1.65 Prui+s Juizes and 4::�rains Tropicana Orange 2.25/1.50 Oceansproy Ruby Red 4ropefrui+ 2.25/1.50 Oceanspray CrAnberry 2.25/1.50 Marfinelli's Apple 1.65 Toma+O Juice 2.25/1.50 Fresh Lemonade 1.95 Seel Cu+Oatmeal 3.95 -wit++ +oast, raisins And brown sugar Cold Cereal or Granola 2.95 - Add berri&s or banAnAs 1.25 Chilled Fresh Fruit 3.95 - with 4ranolo 4.95 - wi+h yogur+4.95 - wi+h bo+h 5.50 Sof+Drinks Coffee and Tea Coca-Cola, Die+Coke, Zpri+e, Mr.'Pibb, Barq's ROo+Beer 1.55 Arnold'Polmer 1.65 Crystal Geyser or Alpine Water 1.75 Coffee 1.45 -fresh ground Kona Iced Tea - natural or peach Ho+ SpeciAky Teas 1.55 HotChocola+e 1.75 Milk 2.25/1.50 Soups and Salads our soups and sAlads cams with grillad garlic +vas+. HomemAde dressings toms an +hs side: Hidden Volley r Aneh, zesty Italian, 1000 islAnd, bleu 6heess, honey mus+Arci or oil onci vin"Ar. Add A 6up of soup +o Any salad for only 1.50 Soups of +he Day 39512.95 - we make fwa soups from s6ra+eh Everyday using only the fresher+of ingredients Chef's SAIAd 7.50 - mixed Ie++u6es +opped wi+h hom, +urkey, Swiss, 6u6umbers And +omA+a Cobb SAIAJ 7.75 -iceberg and romaine 1eitu66+opped wi+h hand carved turkey, bacon, Avaeada, +oma+oes, eggs, green onions And blue 6heese Chili 4.25/325 - whA+6An we say Abou+our 6hili +ha+hasn't been sAid before Caesar SalAd 6.2513.95 Add grilled ehieken 3.50 - erispy romaine lettu6e, pecorino ramwno, pArmesan erau+ons wi+h our homemade 6aesar dressing Mixed Greens 6.25/325 - i6eberg and romaine W+u6es with eu6u mber,+amo+oes, red anion And erau+ans f5urgers your ehoiee of pure. ground beef, +urkay or GArdenburger. Served wi+h lettuce, fomA+o And pi6kle on +fie side. (Zed onions upon rs4ues+. Comes wi+In fries bu+you may subs+i+u+e soup, sAW or frui+for 1.00 J.T.w•I.U.T•F�• 5.95 -some grill, sAme book sAme mea+, All wrapped up wit++ le#uee, piekle And 1000 islAnj. Substitute o sli6a of pie for fries.... .Jus+The Woy I+Used To De Oossie Aeon Cheeseburger 6.95 - Amerieon And Swiss the -"6 with crispy b46on Mushroom JAek 6.75 -fresh sou+eed mushrooms And joek Frisco 125ur6er 6.95 -wi+++ cheddar, bA6on And l000 island dressing on ihi6k grilled pArmeson sourdough pis+ra l5ureer 5.95 - with eheese 6.45 Cheesy Gomba 6.95 - melted Ameri6an, Swiss, pravalone And smothered in grilled onions GalifarniA 7.50 - swiss, bAeon And avve".jo with 1000 island dressing QA++y Mel+ 6.75 - w#h swiss and grilled onions on rya Chili Cheese burger 6.95 - smothered in homemade ehilt and 6heddar Ra&as5 The lunch bell rings a+ 11 a.m. SandwiGhas wi+h fries, eole slaw or potato salad subs+i+u+c soup, salad or frui+for 1.00 plaekboard Triple Deeker Oub 7.25 -slow roas+ed hand Carved +urkay brcas+wi+h baton, lettuce and +oma+o on whale wh4A++oast Awesome with avoeado add 1.40 Classic Ham or Turkey 6.95 - hand 6arved +urke-y or +him slued HAM with Swiss, leiivte, tomato and mayo on rye Tuna SAIAd 6.75 - albacore dolphin safe+unA solAd wi+fi lettuee And +omA+o on wheA+ Tuna Mel+ 6.95 - our+YnA salad tapped with American ehaese on grilled sourdough Gosmapali+An 7.50 -+uno SAW, eheddAr 6heese, sliced AVOeAda, +omA+o and Alfalfa sprou+s on squaw bread Goad Earth 6.95 - ripe +oma+o46, red onion, alfalfa sprouts, fresh spinA6h, 1'u6umbers, Avocado And jack 611"44 with 5000 island on squAw 1pr4Ad The plAekaaard pis+ro 'OriginAl Reuben' 7.50 - ham, +urk y And Swiss with 6ol"low And 1000 Island dressing an rye grilled +o perf"fion McA+loaf E7AnJwieH 6.75 - hamem turkey m4a+loaf served with lettuce, +omA+o and mAyo on A French roll Q.G.H. 7.25 - A 6 oz grilled fresh ehieken breast, +opped wi+h Swiss, Avocado, AlfAlfa sprouts, +oma+o And red onion on squAw bread p.l-T• 6.45 - 5 s+rips of baton, 6rispy iceberg W+%j4z, red ripe fomes+o" and Mayo on whole whoa++oae+. Add Avocado 1.40 Wild Turkey 7.25 -+Y rksy, 6h4ddar, Avoeado, +oma+a And AlUfA sprouts with mays an squaw bread C+riiled Cheese paean And Tomato 6.75 - cheddar GheeSe wi+h erispy loozon And ripe, red foma+v" on sourdough Grilled ev+eakMel+ 7.25 - sliced +H -tip with mel+ed Swiss, +omato and Orfreo ehilies on grilled parmesan sourdough French Dip 6.95 -+ender iri-f p an a QArislAn roll wl+h AY jus and ereamy harseradish Grilled 4 -Ghees, 5.95 - Ameri64n, $wins, jo6k And cheddar on sourdough Cirilled HAm and Swiss 6.50 - Gure 61 ham And Swiss an rye Hera 6.95 - salami And hAm with provolon4, le+iv64, tomA+o and red anion dre-s5ed wif, all And vinegar on A rreneh roll 4 Affe,r School Sp�Gials afher school specials come with your choice of soup or garden salad. Add pie for desaer+for only 1.75 more served afhzr 4 p.m. Turkey Mea+loaf 9.50 - mel+in your mouth meatlaaf wi+h old fashioned 'no swrlic' fork smashed mashed pa+a+oes and taelays fresh vegetable. Served wi+h mushroom and onion gravy Old Town pork Chops 9.50 - 2 center 6u+—,eared and grilled chops with mashed po+o+oes or s+uffing, apple sauce and fociay5 vegetable From fhe, Fountain l5reas+of Turkey 9.95 all whits +urk y breast roas+ed and served with s+uffing and fork smashed mashed po+a+aes. Granberry sauce and +allays fresh vegetable Fish and Chips 9.25 - north A+lan+ic cod fillets served with fries and tole slaw pies "Ansi Gak0 Vanilla or Chacolo+e Frui+pies 2.75 -flaky double Ice Cream 1.95 a Scoop crus+seasonal fruit pies 2-s600ps 2.50 Cream pies 2.75 - enough +o 3-5600p5 3.95 make you saream... aream pies Sundaes 3.7$ - 2 -scoops wth Meringue pies 2.75 - ligh+as chocalAft, strawberry or air old fashioned meringue pineapple+opping. Nuts, pecan pie 2.95 whipped cream and a cherry Key Lime pie 3.25 Ho+ Fudge Sundae 3.95 - made with real kcy lime juice in a 15anana Split 5.50 - 3-s600ps, hand made graham cracker 3 -toppings, bananas, nuts, whip bu#er cookie crus+ cream and cherries. The bomb/ Hazel's Homemade Triple Milkshakes and Malfs 3.95 Thick Chocolate Cake 3.50 - 3 -scamps of vanilla, Gho&ola+z, - bhoeola+e, bhabolatm and yes strawberry or black and whi+e more chocolate. Ice Cream Floa+s 2.95 N. Y. C. Mel+aWay - 2 -snoops with your favorite Cheesecake 3.95 - ligh+and flavor soda crcamy,+his is the nex+best Egg Creams 2.25 *fins +v flying back+a Auggie 4alllfi's bakery on 96+1h St. a la made to any of +he above 1.25 We reserve +he right +o refuse service to anyone not having fun!! CUP 00-10 1/98 Paapm Coast Hghwoy Attachment 5 Photos 1: November 6, 2000 Mr. Joseph Barbara Blackboard Bistro 1198 Pacific Coast Highway seal Beach, California 90740 Dear Mr. Barbara, Forwarded for your records is a certified copy of Resolution Number 4852 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).' Resolution Number 4852 was adopted by the Seal Beach City Council at the regular meeting of October 23rd, 2000. very truly yours, Joanne M. Yeo, City Clerk City of Seal Beach Encl. (1) PROOF OF SERVICE I do hereby declare that I am a representative of the City of Seal Beach, County of Orange, State of California, 211 - 8th Street, 90740. On Z,.?OA D the following described document(s) 1 Fd0LLciinAJ /%uHf.5E,P , was/were transmitted toe STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the above described do(s) was/were d�ep/osited in the United States mail this day of /f.£D 6&6E,P, , 2000. 1 O nne M. Yeo, C=7 Clerk ty of Seal Beach L' City of Seal Beach, 211 8`h Street III11I11 m ®®® ® - Seal Beach, CA 90740 ®® --- 562-431-2527 NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach will hold a public hearing on Monday, October 23, 2000, at 7:00 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider the following item: APPEAL OF CONDITIONAL USE PERMIT 00-10 PERMIT ON -PREMISE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT (BLACKBOARD BISTRO) 1198 PACIFIC COAST HIGHWAY, SEAL BEACH Appellants Request: Appeal of the Planning Commission approval to permit the on -premise sale of beer and wine at an existing restaurant located at 1198 Pacific Coast Highway (Blackboard Bistro). Environmental Review: This project is categorically exempt from CEQA review. Code Sections: 28-1300; 28-2503; 28-2504 Appellant: Paul Yost Applicant: Joseph Barbara Owner: Redevelopment Agency of the City of Seal Beach At the above time and place all interested persons may be heard if so desired. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Seal Beach at, or prior to, the public hearing. DATED this 6th day of October, 2000 -_C.., Joanne Yeo City Clerk PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH I am employed by the City of Seal Beach, in the County of Orange, State of California. 1 am over the age of 18; my business address is 211 Eighth Street, Seal Beach, California 90740. On n �� . �O C> O , I served the foregoing document described as: Notice of Public Hearin for: FPN ria e .\ t -z� C. 00 - \ Cl Address: \\iZc 7�'c..c Co016\cS_"csrA on all interested parties in this action by placing the original/a true copy thereof enclosed in sealed envelopes addressed as follows: BY MAIL. I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the United States Postal Service (USPS) on that same day with postage thereon prepaid at Seal Beach, California in the ordinary course of business. I am aware that, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. Executed on I7 cA S Zyy v , at Seal Beach, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Signature U PrimedP for the City of Seal Beach Planning Department 043-122-14 043-122-29 043-122-30 Carroll L Phipps Jarret L Johnson Steven A Sloan 316 10th St 1;2 - 318 10th St 320 10th St Beal Beach CA 90740-6402 Seal Beach CA 90740-6402 Seal Beach CA 90740-6402 043-122-16 043-122-17 043-122-18 Patricia M Jett Mary C Stewart Roman Catholic Bishop O 7655 2nd St 827 E Dalton Ave 2811 E Villa Real Dr Downey CA 90241-3203 Glendora CA 91741-2709 Orange CA 92867-1932 ^42-122-19 043-122-26 043-121-24 Catholic Bishop O Roman Catholic Bishop 0 James R Mccoy i E Villa Real Dr 2811 E Villa Real Dr 1605 Lemon St „range CA 92867-1932 Orange CA 92867-1932 Alhambra CA 91803-1513 C43-122-27 043-122-34 043-121-23 Ronald L Bennett Mark G & Dorothy Owens Angela Avitia 935 Catalina Ave 315 11th St 316 11th St Seal Beach CA 90740-5651 Seal Beach CA 90740-6403 Seal Beach CA 90740-6404 043-121-21 043-121-05 043-121-04 Hix J Ellyn Gaspare N Ferrara Dickinson & Associates PO Box 2413 15332 Cheshire St 515 Ocean Ave Huntington Be 92647-0413 La Mirada CA 90638-5342 Seal Beach CA 90740-6106 043-121-03 043-121-02 043-136-32 -iel F Sullivan Susan L Selby Michelle A Brendel Box 758 5602 E 2nd Srt 204 Ocean Ave =eal Beach CA 90740-0758 Lomg Beach CA 92803 Seal Beach CA 9C740-6029 043-136-31 043-136-18 043-136-19 Terry M Evans James W Saunders Ethel B Ellis 1112 Ocean Ave D 330 12th St 332 12th St Seal Beach CA 90740-6494 Seal Beach CA 90740-6406 Seal Beach CA 90740-6406 043-136-20 043-135-11 043-135-12 Phillip Cole Roy L Mollet Lucille M Blayney 334 12th St 156 Santa Ana Ave 5749 Loma Ave Seal Beach CA 90740-6406 Long Beach CA 90803-3462 Temple City C 91780-2453 043-135-13 043-135-14 043-135-15 aille Blayney Peter G Heintz Peter G Heintz 749 Loma Ave 1741 W 27th St 1741 W 27th St Temple City C 91780-2453 San Pedro CA 90732-4617 San Pedro CA 90732-4617 043-135-16 043-135-17 043-135-18 Peter G Heintz Enrico F Verga Darrell D Higuchi 1741 W 27th St 352 12th St PO Box 63001 San Pedro CA 90732-4617 Seal Beach CA 90740-6473 Los Angeles C 90063-0001 QAVERY:-' Address Labels Laser 59607" 043-135-19 931-25-409 931-25-410 Helen B Panick Carla Bochenek Phillip J Hodge 58 12th St 360 12th St A 360 12th St eal Beach CA 90740-6473 Seal Beach CA 90740-6473 Seal Beach CA 90740-6473 043-135-21 043-122-23 043-135-22 Kenneth R Knauss George A Pearson Champion Pacific 364 12th St 16868 A St 2115 Orlando Rd Seal Beach CA 90740-6473 Huntington Be 92647-4831 San Marino CA 9110E-1329 043-122-13 043-122-12 043-122-11 "i.m & John Klisanin Kurt G Campbell Oliver B Peifer 8th St 100 PO Box 186 PO Box 44209 F55400 peal Beach CA 90740-6354 Lake Arrowhea 92352-0186 Cincinnati OH 45244 043-122-31 043-122-32 043-122-09 Julie M Bremer Alex J Prosak Cathay L Curtis 1007 Electric Ave 1009 Electric Ave 1011 Electric Ave Seal Beach CA 90740-6407 Seal Beach CA 90740-6407 Seal Beach CA 90740-6407 043-122-08 043-122-07 043-122-06 =r & Terressa Quinn Fred J Cianciolo Elizabeth A Howard Electric Ave 1015 Electric Ave 1019 Electric Ave 1/2 Heal Beach CA 90740-6407 Seal Beach CA 90740-6407 Seal Beach CA 90740-6407 043-121-15 043-121-16 043-121-18 Samuel Simoncelli Walter W Routley John N De Witt 1101 Electric Ave 1103 Electric Ave 1105 Electric Ave Seal Beach CA 90740-6408 Seal Beach CA 90740-6408 Seal Beach CA 90740-6408 043-121-19 043-121-09 043-121-08 William A Ward Rodney A Johnson Sheila G Sepulveda 2300 Stearnlee Ave 1111 Electric Ave 287 Smithridge Park Long Beach CA 90815-1935 Seal Beach CA 90740-6408 Reno NV 89502-5744 043-121-07 043-121-06 043-262-12 "eresa B Preeper George D Post Twila Mandella .17 Electric Ave 3282 Ruth Elaine Dr 1220 Crystal Cove Way meal Beach CA 90740-6408 Los Alamitos 90720-3037 Seal Beach CA 90740-6220 043-260-03 043-122-36 043-122-33 Bank Wells Fargo Seal Beach Redevelopmen City Of Seal Beach PO Box 63700 2600 Mission St 200 211 8th St San Francisco 94163-0001 San Marino CA 91108-1676 Seal Beach CA 90740-6305 043-122-37 School Los Alamitos Uni 10652 Reagan St Los Alamitos 90720-2429 AVERYZ Address Labels Laser 5960'm Resident 313 10th St. # 1 Seal Beach. CA 90740 Resident 315 10th St. Sea] Beach. CA 90740 Resident I Oth St. ..ji Beach. CA 90740 Resident 319 10th St. # B Sea] Beach. CA 90740 IResident 321 10th St. Seal Beach. CA 90740 Resident 0th St. # B Beach. CA 90740 Resident 325 10th St. # B Seal Beach. CA 90740 Resident 328 10th St. Seal Beach. CA 90740 Resident ; 110th St. Sea] Beach. CA 90740 Resident 334 10th St. Seal Beach. CA 90740 Resident Resident 313 10th St. # 2 313 10th St. # 3 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 316 10th St. # A 316 10th St. # B Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 318 10th St. 319 10th St. # A Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 319 10th St. # C 320 10th St. Seal Beach. CA 90740 Sea] Beach. CA 90740 Resident Resident 322 10th St. 323 10th St. 4 A Sea] Beach. CA 90740 Sea] Beach. CA 90740 Resident Resident 324 10th St. 325 10th St. # A Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 326 10th St. 327 10th St. Seat Beach. CA 90740 Sea] Beach. CA 90740 Resident Resident 329 10th St. 330 10th St. Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 332 loth St. 333 10th St. Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 335 10th St. 336 10th St. Seal Beach. CA 90740 Seal Beach. CA 90740 Resident tesident .tesident 137 10th St. 338 10th St. 339 10th St. Seal Beach. CA 90740 Seal Beach, CA 90740 Seal Beach, CA 90740 Resident Resident Resident 340 10th St. 341 10th St. 342 10th St. 'Seal Beach. CA 90740 Seal Beach, CA 90740 Seal Beach. CA 90740 I Resident Resident Resident 10th St. 344 10th St. 345 10th St. �al Beach, CA 90740 Seal Beach, CA 90740 Seal Beach. CA 90740 Resident Resident 346 10th St. 347 10th St. Seal Beach, CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1019 l Ith St. 1019 1/2 11th St. 311 11th St. # A Seal Beach. CA 90740 Seal Beach, CA 90740 Seal Beach, CA 90740 I Resident Resident Resident IIth St. #B 31111th St. #C 31111th St. #D ..: Beach. CA 90740 Sea] Beach, CA 90740 Seal Beach. CA 90740 Resident Resident Resident 31111th St. #E 31111th St. #F 31111th St. #G Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 '. sident Resident Resident i 11th St. #H 31111th St. #1 31111th St. #J Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 311 11th St. # K 315 11th St. 316 l Ith St. Seal Beach, CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 318 11th St. # A 318 1 Ith St. # B 322 1 Ith St. # 1 Seal Beach, CA 90740 Sea] Beach, CA 90740 Sea] Beach. CA 90740 Resident Aesident Aesident 322 11 th St. = 2 322 11 th St. # 3 322 11 th St. # 4 Sea] Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 3322 1 I th St. # 5 322 11 th St. # 6 'Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 340 12th St. 343 12th St. 344 12th St. Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 ,•,csident Resident Resident 346 12th St. # 1 346 12th St. # 2 346 12th St. # 3 Sea] Beach. CA 90740 Sea] Beach. CA 90740 Sea] Beach. CA 90740 Resident Resident Resident 346 12th St. a 4 348 12th St. # 1 348 12th St. # 2 Sea] Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 18 12th St. # 3 350 12th St. # 1 350 12th St. # 2 ' Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 350 12th St. = 3 350 12th St. # 4 352 12th St. Sea] Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 ' esident Resident Resident 12th St. #.A 354 12th St.# B 354 12th St.# C Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 357 12th.St. 358 12th St. # A 358 12th St. # B Seal Beach. CA 90740 Sea] Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 360 12th St. # A 360 12th St. # B 360 12th St. # C Sea] Beach. CA 90740 Sea] Beach. CA 90740 Seal Beach. CA 90740 jesident Resident Resident 364 121h St. 4 A 364 12th St. # B 364 121h St. = C Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 335 13th St. 341 13th St. Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 343 13th St. 345 13th St. 347 13th St. Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 349 13th St. 353 13th St. 355 13th St. Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 357 13th St. 361 13thSt. # 1 361 13thSt. 4 2 Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 361 l31hSt. ? 3 361 13thSt. 4 4 361 13thSt. x 5 Seal Beach. CA 90740 Seal Beach. CA 90710 Seal Beach. CA 90740 '.;•sident Resident 13th St. k 6 1000 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1005 PCH 1009 PCH 1013 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1017 PCH 1021 PCH 1025 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1029 PCH 1033 PCH 1037 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1041 PCH 1045 PCH 1049 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1053 PCH 1057 PCH 1061 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1065 PCH 1067 PCH 1073 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1077 PCH 1101 PCH 1111 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 1190 PCH .A 1190 PCH B 1 190 PCH C Seal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident Resident 198 PCH 1200 PCH 1210 PCH cal Beach. CA 90740 Seal Beach. CA 90740 Seal Beach. CA 90740 Resident Resident 1250 PCH 901 PCH Seal Beach. CA 90740 Seal Beach. CA 90740 14 September 27th, 2000 Don McIntyre, Mayor, and Members of the Seal Beach City Council This letter is to inform you that I am appealing the planning commission approval of a CUP for alcohol sales and consumption at the Blackboard Bistro (Formerly Russell's). Paul Yost