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HomeMy WebLinkAboutPC Res 18-05 - 2018-03-19RESOLUTION NO. 18-5 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 18-1 TO ALLOW THE OPERATION A FULL SERVICE BAR WITH A TYPE 47 (ON -SALE GENERAL) ALCOHOL LICENSE USE AT A PROPOSED 9,933 SQ. FT. RESTAURANT WITH OUTDOOR DINING AT 12489 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Craig D. Oka ("the applicant") on behalf of Hofman Hospitality Group (Owners) submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 18-1 for the serving of distilled spirits with a Type 47 (On -Sale General) alcohol license and the establishment of an outdoor dining and seating area at a proposed restaurant within an existing commercial shopping center, at 12489 Seal Beach Boulevard (the "subject property"), which is located in the General Commercial (GC) Zone. Section 2. This project is determined to be a Class 3 (New Construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 at seq.) for the permitting of service of general alcohol at a proposed 9,933 sq. ft. restaurant use within a commercial center. Section 3. A duly noticed public hearing was held before the Planning Commission on March 19, 2018 to consider the application for CUP 18-1. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site is within the Shops at Rossmoor located at the north west corner of Seal Beach Boulevard and St. Cloud Drive. The existing shopping center is approximately 35.45 acres or 1,544,202 square -feet in gross area and approximately 379,029 square feet of gross building area and is a mix of retail and restaurant uses. The subject property has a restaurant pad that is proposed to be demolished and a new 9,933 sq. ft. restaurant with an outdoor eating area. The subject site is surrounded by commercial uses. The subject property is located in the General Commercial (GC) zoning area. B. The proposed restaurant with the outdoor eating area is approximately 452 sq. ft. larger than the existing restaurant. In addition to the alterations, the proposal includes permitting the service of distilled spirits with a Type 47 (On -Site General) Alcoholic Beverage Control License. 1 of 6 Resolution No. 18.5 12489 Seal Beach Boulevard C. On November 29, 2017 a Tentative Parcel Map was presented to the Subdivision Technical Review Committee requesting to subdivide a 1,275,001 square feet (29.27 acre) parcel into two commercial parcels one is 1,197,900 sq. ft. and the second parcel is 77,101 sq. ft. in compliance with the California Subdivision Map Act and Seal Beach Municipal Code. The Committee adopted the Resolution 02- 17approving the Tentative Parcel map subject to SBMC 10.05.015 and was submitted to the County of Orange for recordation. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed restaurant with the service of distilled spirits in conjunction with a bona fide eating establishment is consistent with the General Plan. The General Plan specifies that the General Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the full service restaurant with an outdoor dining and seating area along with the service of distilled spirits to the shopping center, the center can expand its services and attract a wider range of residents. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The Municipal Code allows the establishment of an outdoor dining and seating area with over 12 seats and the service of distilled spirits at a bona fide eating establishment with approval of a Conditional Use Permit. The proposed restaurant with the outdoor eating area is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed use. The removal of the existing restaurant and construction of a similar building footprint keeps the site in conformance with the existing center and the site contains adequate parking to allow use and increased square footage of the new restaurant with outdoor patio. D. The location, size, design, and operating characteristics of the proposed use would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed building complies with the height, setback and parking requirements of the General Commercial zoning area and conditions have been imposed to ensure the proper service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The addition of the outdoor dining and seating area will not disrupt the existing character of the shopping center as the current building has a patio area. The proposed hours of operation for the proposed restaurant will be 6:00 a.m. to 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12:00 a.m. Friday and Saturday. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed restaurant is located on a part of the property that will not disturb neighboring property owners. Sufficient conditions have been imposed to 2of6 Resolution No. 18-5 12489 Seal Beach Boulevard ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. F. The proposed use is over 100 feet from any sensitive land uses such as residences, religious facilities, schools, libraries, public parks and playgrounds and other similar uses. The proposed restaurant is located over 300 feet to the nearest residential use and is immediately surrounded by parking areas, drive aisles and various commercial buildings. G. The noise levels generated by the operation of the site would not exceed the level of background noise normally found in the area as there will only be normal conversations while dining. In the event that complaints are received in the future, the Planning Commission reserves the right to reconsider the operation. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 18-1 to permit the service of distilled spirits with a Type 47 Alcohol License in conjunction with a proposed restaurant and outdoor dining within an existing commercial shopping center, at 12489 Seal Beach Boulevard, subject to the following conditions. 1. Conditional Use Permit 18-1 is approved to allow the service of distilled spirits with a Type 47 ABC license and the establishment of an outdoor dining area at 12489 Seal Beach Boulevard. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. In connection with the City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code §2300 to §2600, including but not limited to Rule 61.3(a) and 61.4. 3. The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 4. The premises of the restaurant must be in substantial compliance with the plans submitted with the application and maintained on file with the Community Development Department. 5. The hours of operation shall be 6:00 a.m. to 11:00 p.m. Sunday through Thursday and 6:00a.m. to 12 a.m. Friday and Saturday. 6. No video games or similar amusements shall be permitted on the premises. 7. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 3of6 lresoluBon No 18-5 12489 Seal Beach Boulevad 8. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended to require the provisions of additional security measures. 9. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 10. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 11. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 12. Any proposed alterations or upgrades to the restaurant will require review and approval from the City of Seal Beach Planning Division. 13. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. C. There is a substantial change in the mode or character of operations of the establishment. 14. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs. 15. The Planning Commission reserves the right to revoke or modify this CUP if harm or operational problems such as criminal or anti -social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. 16. The establishment shall have a public telephone listing. 17. It shall be the responsibility of the applicanUlicensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. 18. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a. State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b. The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves of innocent victims as a result of the excessive consumption of alcoholic beverages. 4of6 Resolution No. 18-5 12489 Seal Beach Boulevard C. Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d. Methods for dealing with intoxicated customers and recognizing underage customers. 19. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria; a. Department of Alcoholic Beverage Control L.E.A.D. Program Telephone (714) 558-6482. b. Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program, Telephone (714) 568-5187. 20. There is a substantial change in the mode or character of operations of the establishment 21. All alcoholic beverages sold in conjunction with the on -premises licensed establishment must be consumed entirely on the premises prior to closing time. 22. An attendant will be located in the outdoor dining and seating area during business hours when customers are occupying the area. 23. The restaurant must be maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 24. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 25. The applicant shall comply with all requirements for allowable incidental business activities and such shall be consistent with the license conditions imposed by the State of California Alcoholic Beverage Control. 26. The sale of alcoholic beverages for off the premises consumption shall be prohibited. Consumption of alcoholic beverages shall be prohibited in the establishment's parking area. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. 27. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 28. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 29. This CUP shall not become effective for any purpose unlessluntil a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 30. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 5of6 Resolution No. 18-5 12489 Seal Beach BoWwa,d 31. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 32. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 33. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firths, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on March 19, 2018, by the following vote: AYES: Commissioners Oamplzd, C "Aguilar NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners -Michael Thomas ATTEST: Chairperson Cry I Lazo anning Conifflission Secretary 6of6