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HomeMy WebLinkAboutItem M March 8, 1999 , STAFF REPORT To: Honorable Mayor and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director of Development Services Subject: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 99-1, PERMIT lED HOURS OF OPERATION FOR A NEW RESTAURANT OPERATION AT A PREVIOUSLY EXISTING RESTAURANT LOCATION AT 3001 OLD RANCH PARKWAY, SEAL BEACH (MR. K'S AMERICAN GRILL) RECOMMENDATION: 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 of George Kookootsedes, revising the decision of the Planning Commission in accordance with the request of the appellant to permit operating hours to 1:00 a.m. daily. 3) Sustain the appeal of George Kookootsedes, revising the decision of the Planning Commission in accordance with terms and conditions other than those requested by the applicant/appellant regarding the hours of 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. AGENDA ITEM n C:'My noaure4\CU?CUP 99-I.Appesl Staff Rryatdoc\LW\03-01-99 PrblicHaving,:Appeal agAppmval ofCa,4uaW Use Pe, *I W.) Planning CmrenvonRaetian 99-1 00+Council SiggReynf M A&1999 Should the City Council determine it is in the best interest of the City to at least partially accommodate the request of the applicant, it is the recommendation of staff that the following conditions be included by the City Council: o The hours of operation shall be 11:00 a.m. to midnight, Sunday through Thursday and 11:00 a.m to 1:00 a.m., Friday and Saturday. o Food service shall be provided up to one hour of closing time. a A landscape improvement plan for the frontage along Seal Beach Boulevard, as approved by the City in consultation with the Tree Advisory Committee, shall be provided and such landscape improvements shall be installed and maintained at applicant's expense. Said landscape improvements to be approved prior to the issuance of an occupancy permit for said restaurant and the improvements shall be installed within 90days of the issuance of said occupancy permit. o A contribution in the amount of $12,500.00 to a freeway off-ramp entry monument sign to be paid to the City prior to the issuance of an occupancy permit, with said contribution to be deposited in a restricted account. Said contribution to be utilized solely for enhancements at the southbound I-405 Freeway off-ramp to Seal Beach Boulevard (south of the Seal Beach Boulevard Overpass) for a monument sign identifying the City of Seal Beach and appropriate directional signage as determined by the City to points of interest within the City. Applicant shall participate in routine maintenance of said entry treatment on an equal basis with future restaurant operators at the intersection of Lampson Avenue and Seal Beach Boulevard. 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 February 17, 1999, the Planning Commission considered the above referenced application for Conditional Use Permit 99-1. After receiving all testimony at the public hearings and extensive deliberations among the members of the Commission, it was the determination of the Planning Commission to approve the application on a 4-0-1 vote (Commissioner Lyon was absent), subject to certain terms and conditions, through the adoption of Planning Commission Resolution No. 99- 1. Planning Commission Resolution No. 99-1, Conditions of Approval number 8 limited the applicant's operation of the restaurant from 11:00 AM to 11:00 PM, while the applicant requested operating hours of 11:30 AM to 1:00 AM. The appellant is requesting the hours of operation be revised to his original request, allowing the restaurant to remain open until 1:00 AM. 2 CUP 99-1.Appm1 Staff Report Pub&Hmntg n:Amaral Appmwl OfCmttwW Use FIRM 991 Hamm Cwm uaonRemluaon 99-1 CNCwnolSceRepon March B 1999 City-approved hours of operation for the previously operating restaurant at this location was 11:00 AM to 11:00 PM daily. The currently approved operating hours of Spaghettini, adjacent to the subject location is 11:00AM to 11:00 PM daily. In addition, Spaghettini is permitted live entertainment. Planning Commission Resolution No. 99-1, adopted by the Commission on February 17, 1999, approved the CUP, set forth the findings and determinations of the Commission regarding the requested interior remodel and exterior dining area, and to retained the previously approved operating hours for the previous restaurant operation at this location (Please refer to Planning Commission Resolution No. 99-1, condition 8). The Planning Commission resolution also impose 28 conditions of approval for the project. The resolution was adopted on a 4-0-1 vote of the Commission. An appeal of the recommendation of the Planning Commission was filed by the applicant, George Kookootsedes in a timely manner, and the matter is now before the City Council for consideration at a public hearing. Briefly stated, the applicant agrees with each element of the Planning Commission's decision, except the limitation on the hours of operation, Condition No. 8 in Planning Commission Resolution No. 99-1. FACTS: • The Planning Commission held a duly noticed public hearing on February 17, 1999 to consider CUP 99-1. Both written and oral evidence was submitted for the project. At the public hearing the applicant and other persons spoke in favor of the request. • After receiving all public testimony on February 17, 1999, the Planning Commission determined to approve the requested Conditional Use Permit, subject to certain terms and conditions, on a 4-0-1 vote, with Commissioner Lyon being absent due to illness. • Planning Commission Resolution No. 99-1, adopted by the Commission on February 17, 1999, set forth the findings and determination of the Commission regarding these matters. The resolution was adopted on a 4-0-1 vote of the Commission, with Commissioner Lyon being absent. • An appeal of the recommendation of the Planning Commission was filed by George Kookootsedes on February 18, 1999, (See Attachment 2) and the matter is now before the City Council for consideration at a public hearing. 3 CUP 99.t.Appa Staff Report nweHwing re.Appeal fAPp^wjl fCothmw Use Penne 99-1 Manning Co.,w onRmluvcn 9n1 CiryCowwSSI4Repn Mn* 1999 DISCUSSION OF AREA OF CONCERN OF APPEAL: As previously indicated, the appellant is requesting the City Council to revise the permitted hours of operation to allow the restaurant to remain open until 1:00AM daily, rather than 11:00PM daily, as approved by the Planning Commission. The Planning Commission devoted a substantial amount of time during their deliberations on this application in regards to the operating hours. Please refer to the draft Planning Commission Minutes of February 17, 1999 (See Attachment 4). For the purposes of this report, the issue of concern as set forth in the appeal (Refer to Attachment 2) will be discussed: A. The appeal states "While we appreciate the CUP being granted, the condition restricting hours of operation to close at 11 PM will create a business restriction, reducing income and reducing the probability of success. We requested permission to remain open until 1:00AM and are restoring that request." Staff Comment: Conditional Use Permit 99-1, as approved by the Planning Commission, did not approve the operating hours requested by the applicant and appellant. The Planning Commission approved hours of 11:00 AM to 11:00 PM, the same hours as the previous restaurant operation, Tortilla Beach, and of the adjoining restaurant operation, Spaghettini. This was the major issue of discussion among the Commission (See Attachment 4 for a review of the Commission discussion). The issue discussed before the Commission was one of allowing the business to operate later in its initial review period and then restrict the operating hours if determined necessary, or restricting the hours during the initial review period and allowing for an expansion of hours at the time of the first review period, assuming there were no valid and substantial concerns raised during the review period. The Commission ultimately decided to restrict the hours initially, and consider expanded hours during the required 6-month review of the business operation. The business operator has appealed that determination, indicating the restricted business hours will reduce income and the probability of success of the proposed restaurant. The City Council is being asked to support the position of the applicant/appellant to allow the business the most flexibility in its operating hours during the initial start-up time of the business operation, and then review those provisions after six months of operation to determine if any modifications to the operating conditions are appropriate. This position 4 CUP 99-I.Appnl Staff Roped Pub&Hewy re:Appeal cfAppra,J aroauaW Use Permit 9-1 Plarong Co'umn ottResolatim 99-1 C.e CanalSy4Reprl Marvh$1999 received support from Commissioner Larson and Chairman Brown during the Planning Commission deliberations. The Planning Commission ultimately determined to impose the operating hours of 11:00 AM to 11:00 PM and adopted findings. These finding were based upon careful consideration of the following: • the testimony received at the public hearing of February 17, 1999; • the information provided in the Planning Commission Staff Report of February 17, 1999, including the recommended conditions of approval; and • the concerns and deliberations of the Planning Commission expressed after the close of the public hearing. Based upon the information presented and its specific findings of fact, the Planning Commission imposed twenty-eight (28) separate conditions of approval designed to ensure that the proposed use is consistent with the General Plan and compatible with, not detrimental to, surrounding uses and the community in general. 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 light 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 first issue turns on the provisions of the Code, which clearly allow 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 turn on the Council's view of the evidence presented during 5 CUP 99-I.Appd Staff Report PublicHearingrt:Appeal of AppmW of Cantonal Ur Penni(99-1 Plans bg C. mmonRedutlon 99-1 ayCarnal Starved Mrdr$1999 the public hearing regarding impacts to the surrounding community of the requested change in operating hours. 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 of George Kookootsedes, revising the decision of the Planning Commission in accordance with the request of the appellant to allow the restaurant to remain open until 1:00AM daily. 3) Sustain the appeal of George Kookootsedes, revising the decision of the Planning Commission in accordance with terms and conditions other than those requested by the applicant/appellant regarding the hours of 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 determination of the City Council is to sustain the appeal and revise the condition regarding the hours of operation, either as requested by the appellant or as determined appropriate by the City Council, it would be appropriate to instruct staff to revise the prepared resolution for consideration by the City Council this evening, or on March 22, 1999, depending on the complexity of the determined modifications, setting forth the necessary findings, as determined appropriate by the City Council. 6 CUP 99-I.Aapd Staff Repan Public Hearing at Appeal ofAppr7WcfCadtiaW Use Perna(99-1 Plaotg Coamdman RemWtinnW I CryCowlth jRspn Martha 1999 NOTED AND APPROVED :- Whittenberg, Director Keith R. Till -velopment Services Depart • t City Manager Attachments: (5) ATTACHMENT 1: Proposed City Council Resolution Number , A Resolution of the City Council of the City of Seal Beach Sustaining the Planning Commission Approval of CUP No. 99-1, Permitting an Alcohol-Related Land Use at 3001 Old Ranch Parkway(Mr. K's American Grill) ATTACHMENT 2: Appeal by George Kookootsedes, received February 18, 1999 ATTACHMENT 3: Planning Commission Resolution No. 99-1 ATTACHMENT 4: Planning Commission Minutes of February 17, 1999 ATTACHMENT S: Planning Commission Staff Report of February 17, 1999, with Attachments 1 through 5 • * * * 7 CUP 99-I.Appd Staf Report PublicHawg m:Appeal 1APprom J qtarchoonal the Penni 99-1 Pianism ConranRm6mn 90-I CRY Comm,Slargvl Math 41999 ATTACHMENT 1 PROPOSED CITY COUNCIL RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION APPROVAL OF CUP NO. 99-1, PERMITTING AN ALCOHOL-RELATED LAND USE AT 3001 OLD RANCH PARKWAY (MR. K'S AMERICAN GRILL) 7 CUP 99-I.Appeal SLBRrywt P"b4eHaw:n.APP.✓4APP9.d ofCadana the Perrier 9n1 Pbalp CawamRmWun 99-1 C.pCar J4R0gf Nu.A41999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION APPROVAL OF CUP NO. 99-1, PERMITTING AN ALCOHOL-RELATED LAND USE AT 3001 OLD RANCH PARKWAY (MR. K'S AMERICAN GRILL) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. On December 30, 1998, George Kookootsedes of Terjon, Inc. ("Applicant") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 99-1. The applicant requested approval of an alcohol-related land use permitting the sale of beer, wine and distilled spirits for on-premise consumption in conjunction with a new restaurant located at 3001 Old Ranch Parkway (Mr. K's American Grill). Section 2. Pursuant to 14 Calif. Code of Regs. Section 15025(a) and Section ILA of the City's Intal CEQA Guidelines, staff has determined as follows: The application for CUP 99-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs., Section 15301 (Existing Uses), because the application is for an existing use which is not expanding in excess of 50% of the floor area of the structure before the addition, or 2,500 square feet, and pursuant to Section 15061(6)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. ,Section '}. A duly noticed public hearing was held before the Planning Commission on February 17, 1999 to consider the application for CUP 99-1. The applicant spoke in favor of the request, with additional persons appearing in favor of the request. Section 4. The Planning Commission approved Conditional Use Permit 99-1 subject to 28 conditions through the adoption of Planning Commission Resolution No. 99-1. 8 CUP 99-1A pel Sufi-Report MYdkHeoty re Appalq•ApprwaafCodmW UaPemel 994 Meme Canam Rmeiea 90.1 ClyCauci SYQRepat Mardi$1999 Section 5. An appeal of the Planning Commission's approval of Conditional Use Permit 99-1 was timely filed. On March 8, 1999 the City Council held a duly noticed public heating to consider the appeal. The Council considered all oral and written testimony and evidence presented at the time of the public hearing, including the staff reports. Section 6. The record of the hearings before the Planning Commission and City Council indicates the following: (a) On December 30, 1998, George Kookootsedes submitted an application for CUP 99-1 with the Department of Development Services. (b) The applicant requested approval of an alcohol-related land use permitting the sale of beer, wine and distilled spirits for on-premise consumption in conjunction with a new restaurant located at 3001 Old Ranch Parkway (Mr. K's American Grill). (c) The applicant proposed to remodel the exterior of an existing restaurant, to add a new fifty (50) square foot entrance and to add a new patio cover, thus covering 892 square feet of a 1,311 square foot patio. The subject property contains approximately 7,197 square feet. (d) The applicant proposed hours of operation from 11:30 a.m. to 1:00 a.m. daily. (e) The subject property is legally described as that portion of Section 31, Township 4 South, Range 11 West, in the Rancho Los Alamitos, City of Seal Beach, County of Orange, State of California, shown on map No. 2 attached to the final decree of partition of Said Rancho, a certified copy of which was recorded February 2, 1892 in Book 14, Page 31 of Deeds, in the office of the County Recorder of said County, more particularly described as follows: Parcels 3, 4, and 5 as shown on that certain Tentative Parcel Map No. 86-280 dated July 8, 1986 approved by the City of Seal Beach on October 27, 1986 pursuant to Resolution No. 3649. (f) The subject property's surrounding land use and zoning classifications are: North &West: A flood control channel and single family homes located in Rossmoor, an unincorporated community in Orange County. 9 CUP 911.ApgeJ Staff Recce ld&Hwy n:Ants/Appna fCONm,a'Use Penni 9411 Mown:Coma..Rothao 99-1 ety(.'gMISpfR pon A-tfl 1999 South Office buildings in the Bixby Office Park. East A vacant lot, formerly a service station in the C-2 zone, separated from the subject property by Seal Beach Boulevard. (g) The subject property has previously received the following Planning Commission approvals: CUP 88-2 On Sale Beer and Wine, Souper Corp. CUP 90-4 On Sale Beer and Wine, Soup Exchange CUP 92-26 On Sale Beer, Wine and Distilled Spirits, Tortilla Beach (h) The Department of Development Services deems the property to meet all parking Code requirements. (i) The Seal Beach Police Department reviewed the application and indicated some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns. (j) The City received no written comments responding to the Notice of the Public Hearing for CUP 99-1 on February 17, 1999. (k) An appeal of the Planning Commission determination was filed by George Kookootsedes on February 18, 1999, in accordance with Article 29.4 of the Code of the City of Seal Beach. Section 7. Based upon the facts contained in the record, including those stated in §6 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code, the City Council hereby finds: a. CUP 99-1 is consistent with the provisions of' the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits alcohol-related land uses subject to the issuance of a Conditional Use Permit. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use, as conditioned by the City Council regarding hours of operation, is consistent with the General Plan. 10 CUP 99-I.Appd Sue'Repm Public Harm rt:AppeatfAppwd((Contend Use Penni WI Pbdry Conn—Resolution 99.1 CRyCttrcISrtpon AI+A&19O b. The building and property at 3001 Old Ranch Parkway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. c. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. d. The on-sale service of general liquor is compatible with the character of the subject area. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. e. The Seal Beach Police Department reviewed the application and indicated some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns Section 8. Based upon the foregoing, the City Council hereby approves Conditional Use Permit 98-18, subject to the following conditions: 1. Conditional Use Permit 99-1 at 3001 Old Ranch Parkway is approved for Department of Alcoholic Beverage Control (ABC) license type 47. Alcohol Sales & Service 2. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). This shall be done as soon as the license is received by the applicant from ABC. 3. The applicant shall comply with all City Conditions of Approval as set forth in Planning Commission Resolution No. 99 - 1. 4. 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 or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 5. 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. 11 CUP 99-1.A1pd srfR,yuf R.McHarm rt:Appal 9tAP9iaa'<fCatlmW Use Peal 994 Mamma Cae*maRm1ioon 99.1 Cs&Cadrol94Frym Marna/999 6. 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 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. b. 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. c. Alcohol as a drug and its effects on the body and behavior, Including the operation of motor vehicles. d. Methods of dealing with intoxicated customers and recognizing under age customers. 7. The following organizations provide training programs, which comply with the above criteria: a. Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: 1* Monday of each month Time: 10:00 a.m. to 1:00 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ana b. Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: California Coordinating Council for Responsible Beverage Service (C3RBS) Telephone: (714) 834-2860 * Karen Keay Cost: $12.00 per person * Tax Deductible For special events training c. Provider: Orange County Health Care Agency Program: Project Path Telephone: (714) 895-9088 * Irene Glenday 12 CLP 99.I.Arpr.1 Staff Report hat Haw ow:Appal ofAppw.,citoroewW Use Pa7161994 Pentre C"ww.wRaoLmn 99.1 Op Colon&eRgv1 Medal 1999 Cost: Free 8. The hours of operation shall be 11:00 a.m. to 11:00 p.m. Daily 9. No video games or similar amusements shall be permitted on the premises. 10. 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. 11. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. A lighting plan shall be provided which promotes minimal disturbance to nearby residences. This plan will be subject to review and approval by the Director of Development Services. 12. 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. 13. The establishment shall have a public telephone listing. 14. 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. 15. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 16. Conditional Use Permit 99-1 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the ABC and as audited by the City staff. The applicant shall reimburse the City for all reasonable costs associated with said audit, said reasonable costs not to exceed $3,000. Said audit to be conducted upon completion of the first twelve (12) months of business operation. 13 CUP 99.1.Appd aufRryvt PsMcMinn n:Apps g'A0 n.fl fCad."d Use Pine 994 Rbnv Cann ReoLeon GRI CYq'Canal SgRryvt Much.;1999 The Planning Commission is hereby delegated the discretion to accept an audit prepared on behalf of the ABC in lieu of requiring a separate audit. Thereafter, additional City audits shall be at the sole expense of City unless said audits verify incorrect percentages of food and alcohol sales so as require reclassification of the licensed premises as other than a "bona fide public eating place" as defined by the ABC, based on audits or financial reports as submitted by the business operator as part of its yearly internal audit/financial reports or audit reports submitted to the ABC. 17. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 18. A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department. 19. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a Conditional Use Permit issued by the City and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City Manager of the City of Seal Beach. 20. 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 conditional use permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 21. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 22. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 14 CUP 99-I.Appeal Sid dRival Ado Havirg re:Appeal*Wend cfCadmnl Use Pew,931 Pbeep Canton Rna,99-1 0wCoaol&gr)r/wr Alan*4 1999 23. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 24. 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. 25. All alcoholic beverages served in the outdoor dining area must be served in glass containers. 26. Any canopy constructed over an outdoor dining area shall comply with all requirements of the City's Building Department and the Orange County Fire Authority. 27. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 28. The term of this permit shall be six (6) months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 99-1. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite permit. Section 9. The time within which judicial review, if available, of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and Section 1-13 of the Code of the City of Seal Beach, unless a shorter time is provided by applicable law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach ata meeting thereof held on the day of , 1999, by the following vote: 15 CUP 991 Appeal alaa'Rgvt Pah pe H®iay a:Appall cfAPpaai ofCan*mn>f Use Pmol 99-1 Pbei ig CawhmrR®haar 99-1 CipCwrn1541freperl March 1999 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk 16 CUP 991.Appeal StafRryvl 144Mc fearing m:AP}W of-An. oftonchilonal Use Pannt99-1 Planning CwmWm,R®bum gal LtiyCainl StarepM MWL*&1999 ATTACHMENT 2 Appeal by George Kookootsedes, received February 18, 1999 17 CUP 99-I.AppS Staff Report s • Application for. (mitt er a e) City of Seat Beach I-—die Nearing Application Packet • • . ❑ Conditional Use Permit ❑ Unclassified Use Permit (r. ❑ Variance CITY OF SEAL BEACH ❑ Height Variation ❑ GPAlLoneChange APPEAL APPLICATION 0 ohm- • FOR OFFICE USE ONLY Application No GLz•• fl Date Filet Fe3 79, /999 i Date Complete: Planning Commission Date: 1 City Council Date: /7272-Ce/o.i9: P.C.Action& Reso.It: C.C. Action 6 Rest I: 1 Property Address: /3�0,3001 OLD ( 74C P G,iuCAZtvAy 2 Appiicanfs Name: Coes 130ko a7 SAES pear Nle Ks bti eg2sce7 J 6R4 LI-.- Address: /St 2- ANk-terthke fltvc. /evinir yam} 974ir7 - Mome Phone:e-ti btu l 0 9 r Work pPPhone:(7O -75�Zn0,,0f0/ ellt Mailing Address: /8917p- /v1Bc rdr✓L ave /eviNr(4- 9U I?- 9 Property Owners Name: L?;Xf`/ ( ')ce @ley Acsoci.BTc S Address: 30/0 04.0 e �..r.��ioc /ob ceZtetil CA 9o7 /o -2757) Nome Phone:( ) Work Pnone:(st) `19 3 d7 C 4 The undersigned hereby appeals the following described action of the Seal Beach Planning Commission concerning C " No(s). 6/9— I Explain in detail the decision of the Planning Commission that is being appealed,the specific conditions of approval being appealed,include your statements f dic$no where the Planning Commission may be in*nor. Kien 1-E INF-per-cc hstrr -rm. nap BE,n4 6Eer✓r€T. -7-beg- CAIVo.-naTi 2e 7R1c1r)96 ,Lbht¢s as nrexOnrnlTo cc.f':' err lI PM) iivifi, CZa7riir A gis:Ness 2Esu,cnui) & WC-I"A (WC 4C eta,eavic,M6 m Peretelcus-SuettSS. id 6 Petr CS Two ! rot in.l rogrkA A-11.7 crew Itiwi i- ANi D O /zest ei IN6 7f�eTake _ - Bi y Officr� ar ya�otiates er BY L Da EOsnA-' e( At:, 6rau ctnoo ANENTt- cS ,l of lc n//ilrt.w'I (pate) pats) . el, Page 27 • c‘vso.. cotri (Revised 10195) t; d t"cU1 '011 ONO IHNI 11VidLN Pairs 6 6I H.1 .gid Public Hearing re:Appeal ef4ypmd ofCaw MmN the Pen a9Rl Planning Cann R 2iem 99-1 Cryaimed S4QRep1 Mad%1999 ATTACHMENT 3 Planning Commission Resolution No. 99-1 18 CUP 99-IAppd StafRep91 RESOLUTION NO. 99 - 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT 99-1, PERMITTING AN ALCOHOL- RELATED LAND USE AT 3001 OLD RANCH PARKWAY (MR. K's AMERICAN GRILL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 30, 1998, George Kookootsedes of Terjon, Inc. ("Applicant") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 99-1. The applicant requested approval of an alcohol- related land use permitting the sale of beer, wine and distilled spirits for on-premise consumption in conjunction with a new restaurant located at 3001 Old Ranch Parkway (Mr. K's American Grill). Section 2. Pursuant to 14 Calif. Code of Regs. Section 15025(a) and Section B.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 99-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs., Section 15301 (Existing Uses), because the application is for an existing use which is not expanding in excess of 50% of the floor area of the structure before the addition, or 2,500 square feet, and pursuant to Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on February 17, 1999 to consider the application for CUP 99-1. The applicant spoke in favor of the request, with additional persons appearing in favor of the request. at-IQ/Lit The record of the hearing on February 17, 1999 indicates the following: (a) On December 30, 1998, George Kookootsedes submitted an application for CUP 99-1 with the Department of Development Services. C:Utr DocumemVtESO\CUP 99-I PC Reeo.d«LLw\02-Id-99 Planning Commission Resolution No. 99- Conditional Use Permit 99-1 1001 Old Ranch Pkwy. a Mr. RY Restaurant February 17, 1999 (b) The applicant requested approval of an alcohol-related land use permitting the sale of beer, wine and distilled spirits for on-premise consumption in conjunction with a new restaurant located at 3001 Old Ranch Parkway (Mr. K's American Grill). (c) The applicant proposed to remodel the exterior of an existing restaurant, to add a new fifty (50) square foot entrance and to add a new patio cover, thus covering 892 square feet of a 1,311 square foot patio. The subject property contains approximately 7,197 square feet. (d) The applicant proposed hours of operation from 11:30 a.m. to 1:00 a.m. daily. (e) The subject property is legally described as that portion of Section 31, Township 4 South, Range II West, in the Rancho Los Alamitos, City of Seal Beach, County of Orange, State of California, shown on map No. 2 attached to the final decree of partition of Said Rancho, a certified copy of which was recorded February 2, 1892 in Book 14, Page 31 of Deeds, in the office of the County Recorder of said County, more particularly described as follows: Parcels 3, 4, and 5 as shown on that certain Tentative Parcel Map No. 86-280 dated July 8, 1986 approved by the City of Seal Beach on October 27, 1986 pursuant to Resolution No. 3649. (0 The subject property's surrounding land use and zoning classifications are: North & West A flood control channel and single family homes located in Rossmoor, an unincorporated community in Orange County. South Office buildings in the Bixby Office Park. East A vacant lot, formerly a service station in the C-2 zone, separated from the subject property by Seal Beach Boulevard. (g) The subject property has previously received the following Planning Commission approvals: CUP 88-2 On Sale Beer and Wine, Souper Corp. CUP 90-4 On Sale Beer and Wine, Soup Exchange CUP 99.1 PC Rem 2 Planning Commission Resolution No. 99- Conditional Use Permit 99-1 3W1 Old Ranch Pkwy. +Mr. R's Remnant February 17, 1999 CUP 92-26 On Sale Beer, Wine and Distilled Spirits, Tortilla Beach (h) The Department of Development Services deems the property to meet all parking Ciadn requirements. (i) The Seal Beach Police Department reviewed the application and indicated some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns. Q) The City received no written comments responding to the Notice of the Public Hearing for CUP 99-1 on February 17, 1999. Section 5. Based on the facts contained in the record, including those stated in Section 4 of this resolution, and pursuant to Sections 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows: 1. CUP 99-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits alcohol-related land uses subject to the issuance of a Conditional Use Permit. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan 2. The building and property at 3001 Old Ranch Parkway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. 3. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. 4. The on-sale service of general liquor is compatible with the character of the subject area. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. 5. The Seal Beach Police Department reviewed the application and indicated some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns CUP 99-1 PC Rise 3 Planning Commission Resolution No. 99-1 Conditional Use Permit 99-1 30X/1 ON Ranch Pkwy. a Mr. %'s Restaurant February 17, 1999 section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 99-1, subject to the following conditions: 1. Conditional Use Permit 99-1 at 3001 Old Ranch Parkway is approved for Department of Alcoholic Beverage Control (ABC) license type 47. Alcohol Sales & Service 2. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). This shall be done as soon as the license is received by the applicant from ABC. 3. The applicant shall comply with all City Conditions of Approval as set forth in Planning Commission Resolution No. 99 - 1. 4. 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 or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 5. 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. 6. 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 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. b. 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. c. Alcohol as a drug and its effects on the body and behavior, Including the operation of motor vehicles. d. Methods of dealing with intoxicated customers and recognizing under age customers. CUP 99.1 PC Rao 4 Planning Canmusion Resolution No. 99-1 Conditional Use Permit 99-1 3001 ON Randa Pkwy. +Mr. R's Restaurant February 17, 1999 7. The following organizations provide training programs, which comply with the above criteria: a. Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol &Drugs (LEAD) Telephone: (714)5584101 Date: 1'Monday of each month Time: 10:00 a.m. to 1:00 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ana b. Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: California Coordinating Council for Responsible Beverage Service (C3RBS) Telephone: (714) 834-2860 * Karen Keay Cost: $12.00 per person * Tax Deductible For special events training c. Provider: Orange County Health Care Agency Program: Project Path Telephone: (714) 895-9088 * Irene Glenday Cost: Free 8. The hours of operation shall be 11:00 a.m. to 11:00 p.m. Daily 9. No video games or similar amusements shall be permitted on the premises. 10. 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. 11. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. A lighting plan shall be provided which promotes minimal disturbance to nearby residences. This plan will be subject to review and approval by the Director of Development Services. CUP 99-1 PC Reso 5 Planning Commission Resolution No. 99- 1 Conditional Use Permit 99-1 9001 Old Ranch Pkwy. *Mr. A's Restaurant February 17, 1999 12. 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. 13. The establishment shall have a public telephone listing. 14. 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. 15. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 16. Conditional Use Permit 99-1 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the ABC and as audited by the City staff. The applicant shall reimburse the City for all reasonable costs associated with said audit, said reasonable costs not to exceed $3,000. Said audit to be conducted upon completion of the first twelve (12) months of business operation. The Planning Commission is hereby delegated the discretion to accept an audit prepared on behalf of the ABC in lieu of requiring a separate audit. Thereafter, additional City audits shall be at the sole expense of City unless said audits verify incorrect percentages of food and alcohol sales so as require reclassification of the licensed premises as other than a "bona fide public eating place" as defined by the ABC, based on audits or financial reports as submitted by the business operator as part of its yearly internal audit/financial reports or audit reports submitted to the ABC. 17. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 18. A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department. 19. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a Conditional Use Permit issued by the City and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City Manager of the City of Seal Beach. CUP 99-1 PC Rego 6 Planning Commission Resolution No. 99- Conditional Use Permit 99-1 3001 ON Ranch Pkwy. o Mr. Vs Restaurant February 17, 1999 20. The establishment shall comply with Chapter 1313, "Noise Control", of 31 forte 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 conditional use permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 21. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 22. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 23. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 24. 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. 25. All alcoholic beverages served in the outdoor dining area must be served in glass containers. 26. Any canopy constructed over an outdoor dining area shall comply with all requirements of the City's Building Department and the Orange County Fire Authority. CIR.99-1 PC Rao 7 Planning Commission Resoboon No. 99-1 Conditional Use Permit 99-1 3001 Old Ranch Phry. "Mr. R i Restaurant February 17, 1999 27. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 28. The term of this permit shall be six (6) months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 99-1. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the ID day of February 1999, by the following vote: AYES: Commissioners Brown, Cutull, Hood and Larson NOES: Commissioners None ABSENT: Commissioners Lyon Brian M. Brown, M.D. Chairman of the Planning Commission (Secretary of the Planning Commission CUP 99-1 PC Rso 8 Pub&Heiy rt:APpdofAppmal[jCadbwd UrPemal 99-1 Pbeiag CmmmrRmb&',99-1 C*CwrplWtPort A1md81999 ATTACHMENT 4 Planning Commission Minutes of February 17, 1999 19 CUP 99-I.Agpul Staff Report 1 CITY OF SEAL BEACH 2 PLANNING COMMISSION 3 4 Minutes of February 17, 1999 5 6 Chairman Brown called the regularly scheduled Planning Commission meeting of 7 February 17, 1999 to order at 7:30 p.m. The meeting was held in the City Council 8 Chambers and began with the Salute to the Flag.' 9 10 11 ROLL CALL 12 13 Present: Chairman Brown 14 Commissioners Larson, Hood, Cutuli 15 16 Also Department of Development Services 17 Present: Lee Whittenberg, Director 18 Craig Steele, Assistant City Attorney 19 Maryann DeHaven, Planner PF 20 %21 Absent: Commissioners Lyon O 22 23 Mr. Whittenberg explained staff had spoken with Commissioner Lyon who indicated he 24 remains ill and could not be present tonight. 25 26 MOTION by Hood; SECOND by Cutuli to excuse Commissioner Lyon's absence 27 tonight. 28 29 MOTION CARRIED: 4—0 - 1 30 AYES: Brown, Hood, Cutuli, Larson 31 ABSENT: Lyon 32 33 Mr. Req Clewley • Catalina Avenue. Seal Beach 34 Mr. Clewley stated that he would like to address item 6 under scheduled matters during 35 that time rather than during oral communications. He had prepared a photographic 36 slide show regarding the item. Chairman Brown agreed that although the presentation 37 could be done during oral communications, it would be more appropriate when item 6 38 under scheduled matters was discussed. 39 40 These Minutes were transcribed from an audiotape of the meeting. 1 AGENDA APPROVAL 2 3 MOTION by Hood; SECOND by Cutuli to approve the Agenda as presented. 4 5 MOTION CARRIED: 4—0 - 1 6 AYES: Brown, Hood, Cutuli, Larson 7 ABSENT: Lyon 8 9 10 ORAL COMMUNICATIONS 11 12 There were no oral communications. 13 14 A 15 CONSENT CALENDAR D%IS4 16 17 1. Approve Planning Commission Meeting Minutes of January 20 1999. 18 19 2. Receive and File: Signed/Recorded Document re 222 Main Street/Howard 20 Brief Covenant for the Payment of In-Lieu Parking Fees 21 22 3. Receive and File: Staff Report dated January 25, 1999, to City Council re: 23 Receive and File Response to City Comment Letter on 'Mitigated 24 Negative Declaration — Bolsa Chica Channel Improvements", County of 25 Orange. 26 27 4. Receive and File: Staff Report dated January 25, 1999 to City Council re: 28 Seal Beach Weapons Support Facility Installation Restoration Program — 29 Draft Final Site Management Plan. 30 31 MOTION by Hood; SECOND by Larson to approve the Consent Calendar as presented. 32 33 MOTION CARRIED: 4—0 - 1 34 AYES: Brown, Hood, Cutuli, Larson 35 ABSENT: Lyon 36 37 38 PUBLIC HEARINGS 39 40 5. Conditional Use Permit 99-1 41 Mr. K's American Grill 42 3001 Old Ranch Parkway 43 44 Staff Report 45 Mr. Whittenberg delivered the staff report. (Staff report on file in the Planning 46 Department for inspection.) The applicant, Mr. George Kookootedes, is requesting to 1 establish a new restaurant use with the sale of beer, wine and distilled spirits. The site 2 is the former location of Tortilla Beach that closed approximately three years ago. Since 3 more than six months has elapsed, it is necessary for the new tenant to apply for a new 4 conditional use permit for operation of a restaurant with the sale of alcohol. It was 5 stated that the restaurant building is existing and that interior tenant improvements and 6 some exterior improvements will be completed prior to the opening of the restaurant. 7 The square footage of the restaurant including the patio area is approximately 7,200 8 square feet and will have a seating capacity of 250 persons. 9 10 The proposed hours of operations from 11:30 a.m. to 1:00 a.m. Staff is recommending 11 hours of operation from 11:00 a.m. to 11:00 p.m., the same operating hours for 12 Spaghettini. Staff is also recommending that the existing three-foot high wall 13 surrounding the patio have an additional two-feet of Gear plexiglas to lessen the impact 14 of traffic sound from Seal Beach Boulevard. No additional parking is being required 15 since there is adequate parking based on the specific plan adopted for the 16 development, however, the restaurant may want to consider valet parking in the evening 17 hours similar to Spaghettini's. The valet parking should not necessarily be a condition 18 of approval, but a suggestion to the owner to work with Spaghettini for valet parking in 19 the evening. 20 21 Crime reporting districts must be considered when reviewing an application for an 22 alcoholic beverage license. The crime reporting district where the subject property is 23 located is considered to be low and therefore, crime is not an issue. Overconcentration 24 of liquor licenses is based on census tracts, not crime reporting districts. The census 25 tract where the property is located includes Rossmoor Shopping Center and the 26 Rossmoor residential area. The census tract does have an overconcentration of liquor 27 licenses based on population. Although overconcentrated, staff feels that the reopening 28 of this restaurant and the issuance of a liquor license would be beneficial to the 29 community since other alcohol related uses have been in existence in the past. Staff 30 recommends approval based on the conditions of approval as outlined in the staff 31 report. 32 P` 33 Commission Questions to Staff cA 34 35 Chairman Brown asked for a clarification of the condition recommended by staff 36 regarding the plexiglas barrier within the patio area. 37 38 Mr. Whittenberg stated that it would benefit the patrons from traffic noise along Seal 39 Beach Boulevard and assist in protecting the patio area from debris that may be blown 40 into the patio. 41 42 Chairman Brown asked whether that would fall under an operational issue of the 43 restaurant management? 44 45 Mr. Whittenberg stated that it is at the discretion of the Commission to consider as part 46 of the approval. 1 2 Chairman Brown stated that he could understand if the wall was for the benefit of the 3 residents who live adjoining the property. 4 5 Mr. Whittenberg indicated that there is an existing six-foot high block wall and a 6 grouping of trees approximately 25 feet in height to provide a visual blockage of the 7restaurant property from the adjoining residential area.! 6 PF 9 Public Hearing pit` 11 Richard Okimoto • Nutall-Uchizono Associates (architects) 12 Mr. Okimoto indicated that the staff report is extensive and covers a great deal of 13 information. His presence at the meeting was principally to answer questions the 14 Commission may have regarding the architectural portions of the project. Mr. Okimoto 15 explained in detail how the architecture of the building would be altered, specifically the 16 front entrance and the cover over the patio. 17 18 There were no Commissioner questions regarding the proposed design and Chairman 19 Brown asked if there was anyone wishing to speak in favor of the project. 20 21 George Kookootedes • 18912 MacArthur Boulevard. Irvine 22 Mr. Kookootedes stated he was seeking approval of the conditional use permit to 23 operate the restaurant and for the sale of alcoholic beverages and agrees with the 24 recommendations of staff with exception of the hours of operation. 25 26 Chairman Brown indicated that was a suggestion by staff and Mr. Whittenberg 27 explained that those hours were in keeping with the approved hours for Spaghettini's. 28 He also mentioned that the Commission has the authority to establish different 29 operating hours as they see fit. 30 31 Chairman Brown asked Mr. Whittenberg what the closing time for Tortilla Beach was. 32 Mr. Whittenberg was not totally sure, but believed it to be the same as Spaghettini's, or 33 11:00 p.m. 34 35 Chairman Brown asked Mr. Kookootedes about the condition of the plexiglas panels, 36 with Mr. Kookootedes indcating that he would be willing to spend the money for them if 37 staff requests they be placed in the patio area. 38 39 Commissioner Cutuli asked Mr. Kookootedes whether there was any reason why the 40 hours of operation should be extended longer than the use next door? 41 42 Mr. Kookootedes explained that he has several business associates who come from 43 out-of-town and it is customary for their dinner to begin at 9:00 p.m. and that two hours 44 for dinner is not an adequate amount of time. 45 1 No other questions were asked of Mr. Kookootedes and he indicated that he is anxious 2 to open and to start doing business in this area. 3 4 Rea Clewley• Catalina Avenue, Seal Beach 5 Mr. Clewley spoke in favor of the proposal and that it was a good proposal for the 6 College Park East area. The proposal is in keeping with the Commission's desire of a 7 successful development in the area (referring to the Town Center project). The extra 8 hours of operation will assist in making it a successful business. Mr. Clewley suggested 9 that exotic entertainment also be allowed. 10 11 No other persons wished to speak in favor of the project. 12 13 No persons wished to speak in opposition of the project. 14 15 Rebuttal 16 Chairman Brown asked if the applicant would like to rebut the comments made. 17 18 Mr. Whittenberg stated for the record that live entertainment would not be allowed 19 unless an additional conditional use permit for that specific request is approved. 20 21 Mr. Kookootedes did not with to rebut the comments made. PF 22 R 23 Commission Deliberation 24 Commissioner Hood recognized the concerns of Chairman Brown regarding the 25 condition of the plexiglas and indicated that he would not want to eat on a patio so Gose 26 to Seal Beach Boulevard. The addition of the plexiglas would increase the quality of 27 dining on the outside patio. Commissioner Hood also indicated that he understood 28 different cultures and their dining practices and that the other restaurant in Irvine 29 remains open until 1:00 a.m., but Seal Beach is different. It is a family-oriented 30 community concerned more with family and home than restaurants that stay open until 31 1:00 a.m. He stated that he is in agreement with staff regarding the operating hours 32 since it is in keeping with the other existing restaurant and previous restaurant uses as 33 that site. Commissioner Hood indicated that he might consider extended operating 34 hours if the business proves to be successful and that extensive complaints are not 35 received; however, at this time, it would be best to respect the residents of College Park 36 East with minimal traffic late at night. 37 38 Commissioner Larson indicated that the Old Ranch Country Club has a closing time of 39 2:00 a.m. and that this time probably does not create a substantial increase of traffic in 40 the area. There have been two unsuccessful restaurants at this location in the past and 41 it is nice when businesses succeed. He will go with the majority and that the hours 42 should be at least until midnight. 43 44 Commissioner Cutuli felt that the hours similar to Spaghettini would be most appropriate 45 and that a future review of the use permit in six months may warrant later hours, but 46 initially, the hours should be the same as Spaghettini s. 1 2 Chairman Brown stated that it was his understanding that the purpose of the Planning 3 Commission was to represent the interests of the neighbors and surrounding property 4 owners since all businesses come before the Commission. In this case, there are not a 5 lot of neighbors since there are two major freeways, a busy street and the closest 6 residents are those living in Rossmoor separated by a parking lot and row of trees. 7 Therefore, the plexiglas wall should be at the discretion of the business since it is an 8 operational aspect of the business. The protection of patrons should not be considered 9 at a Planning Commission level and the condition should not be imposed. 10 11 In reference to the hours of operation, Chairman Brown stated this area is different than 12 Main Street in that the residents are not so close. This is one of the better areas for this 13 type of use in that it has little impact on residents. It is not the duty of the Commission 14 to dictate an appropriate time when a business should close. Restaurants tend to 15 become bars after a certain time (about 11:00 p.m.) and that a bigger problem is people 16 drinking and then driving, but that is the responsibility of the restaurant and law 17 enforcement. Closing at 1:00 a.m. would be appropriate for Mr. K's and for 18 Spaghettini's if desired and it is not an issue of fairness and this issue exists along Main 19 Street where some businesses are restricted to 11:00 p.m. and others stay open later. 20 This is the third restaurant at this location and we want it to ypsuccessful and staying 21 open later would help it be more viable. 22 P, 23 Commissioner Hood stated that there are 30 to 4PTfomes within 300-feet of the subject 24 site that are in the unincorporated community of Rossmoor and do not get 25 representation on matters in Seal Beach. If the proposed use was within one of the 26 Commissioner's district and there were 30 to 40 homes within the 300-feet of the 27 subject site, the hours of operation may be viewed differently. Commissioner Hood 28 stated that the hours should be as staff recommended for the first six months and then 29 consider increasing the hours at this time if all goes well. 30 31 Commissioner Cutuli asked if the hours for Spaghettini were requested in the initial 32 approval or if staff recommended them. 33 34 Mr. Whittenberg indicated that issue would have to be researched. 35 36 Chairman Brown stated that his understanding of placing hours on businesses was a 37 result of the Main Street Specific Plan and that the restricted hours have been applied 38 only in the Main Street area so far. 39 40 Mr. Whittenberg confirmed this and stated that for new business not within the Main 41 Street Specific Plan area that a basic operational law dictates that the business cannot 42 operate between 2:00 a.m. to 6:00 p.m. This would apply to businesses along Pacific 43 Coast Highway and in the Rossmoor Shopping Center if not controlled by a conditional 44 use permit. The Commission has the discretion through this process to place what they 45 feel to be the appropriate hours of operation for the business. 46 1 Chairman Brown stated one option would be to allow the extended hours since 2 businesses are most vulnerable in the first six months of operation and they should be 3 given the maximum opportunity to succeed during this time. Chairman Brown then 4 suggested a compromise to midnight, or to 11:00 p.m. during the week and 1:00 a.m. 5 on the weekends. He then summarized the request into the following three areas: 1) 6 the conditional use permit itself, 2) the plexiglas wall in the patio and 3) the hours of 7 operation. 8 9 Chairman Brown asked the Commission to first consider the plexiglas wall. 10 Commissioner Cutuli felt the installation of the plexiglas wall was up to the owner. 11 Commissioner Larson agreed with Commission Cutuli. Chairman Brown indicated he 12 felt the same. Commissioner Hood stated that he would not tell the owner what to do, 13 but felt it would be beneficial to the business. The consensus of the Commissioner's 14 was to delete the condition requiring the wall. Mr. Whittenberg confirmed this 15 consensus. AF 16 17 Chairman Brown then asked to consider the hours! ommissioner Hood stated he was 18 very much in favor with staffs recommendation. Chairman Brown stopped 19 Commissioner Hood and asked if hours were placed on the Bixby Town Center project. 20 Mr. Whittenberg indicated that no restaurants have been proposed as part of the project 21 at this time. Chairman Brown asked if hours were addressed for these or other uses 22 and Mr. Whittenberg indicated that hours had been placed on the drive-through drug 23 store and home improvement center loading dock. Chairman Brown apologized for 24 interrupting and allowed Commissioner Hood to continue. He stated that a number of 25 residents in his area would like to see no more liquor licenses in the area since it is 26 getting overloaded. However, he is in favor of this application since there was a 27 previous use there before with a liquor license and would like to see the same hours of 28 operation imposed. 29 30 Commissioner Cutuli agreed with Commissioner Hood that the residents of Rossmoor 31 should be considered and that patrons leaving the restaurant late at night could be 32 disturbing to the residents and would agree with the hours in the staff report. 33 34 Commissioner Larson stated that if both restaurants were applying at the same time, 35 the later hours should be allowed. However, Spaghettini's is existing and open until 36 11:00 p.m., and if Mr. K's is allowed to stay open later, Spaghettini might amend their 37 approval to stay open later also. He also stated that there are other establishments in 38 the area that sell alcohol later than 11:00 p.m. that patrons could go to if they desired to 39 drink alcohol past 11:00 p.m. 40 41 Chairman Brown stated a consensus had been made to the hours and asked for a 42 compromise to be considered that extended hours are allowed on the weekends. 43 Commissioner Hood stated his desire for an 11:00 p.m. closing. The other 44 Commissioner's did not address a compromise. 45 46 MOTION by Hood; SECOND by Cutuli to approve Conditional Use Permit 99-1 with the 1 deletion of condition number 21. 2 3 MOTION by Brown to amend the MOTION by Hood to extend the hours of operation 4 until 1:00 a.m. 5 _1 6 MOTION fails for lack of second. ^ A 7K1'? 8 Call for vote on Commissioner Hood's origi al MOTION. 9 10 MOTION CARRIED: 4— 0 - 1 11 AYES: Brown, Hood, Cutuli, Larson 12 ABSENT: Lyon 13 14 Mr. Steele advised there is a ten-day calendar appeal period to the City Council. The 15 Commissioner action is final tonight and the appeal period begins tomorrow morning. 16 Public Hewing re:AppdAAppmdgCcna Ua Penref931 Flamm CmnvmmrRaypm 99-1 ClyCanal94Repe1 Marcia 1999 ATTACHMENT 5 Planning Commission Staff Report of February 17, 1999, with Attachments 1 through 5 20 CUP 99-1.4peal StaffReport February 17, 1999 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: CONDITIONAL USE PERMIT 99-1 3001 OLD RANCH PARKWAY, SEAL BEACH MR. K's AMERICAN GRILL GENERAL INFORMATION Applicant: George Kookootsedes Terjon, Inc. d/b/a/ Mr. K's Representative: Nutall - Uchizono Associates Richard Okimoto, Project Architect Property Owner: Bixby Ranch Company Location: 3001 Old Ranch Parkway, Seal Beach Zoning: General Commercial zone (C-2) Request: Planning Commission approval for the on-site sale of liquor in conjunction with a new restaurant and tenant improvements. Environmental This project is categorically exempt from CEQA review, Review: Sections 15301 and 15305, California Administrative Acintaggatiy_efaxlcs Municipal Section 28-1300 Permitted Uses (C-1 zone) Code Section 28-1400 Permitted Uses (C-2 zone) Sections: Section 28-2503 Conditional Use Permit May be Granted Section 28-2504 Purpose of a Conditional Use Permit Recommendation: Approve Conditional Use Permit 99-1 subject to Conditions of Approval through the adoption of Resolution No. 99- C:Ury Documents\CVN99-I PC Stet a pn.doc\Lw,02-1099 Planning Canmiuion gaff Report Conditional Use Permit 99-1 Mr. Cs Restaurant-3091 Old Ranch Pkwy. February 17, 1999 FACTS 1. Aoplication On December 30, 1998 the applicant submitted an application for Conditional Use Permit 99-1 to the Planning Department. The applicant is requesting a Conditional Use Permit for the on-site sale of liquor at a new use, a proposed restaurant, Mr. K's American Grill (Mr. K's), at 3001 Old Ranch Parkway. The license would be a Department of Alcoholic Beverage Control (ABC) type 47, On-Sale General Eating Place. Mr. K's would occupy the site of the former Tortilla Beach restaurant. The tenant improvements include a new exterior facade, a new patio cover and a new 50 square foot entry. The two restrooms are in compliance with the Americans with Disabilities Act (ADA). Mr. K's would be a full-service restaurant. It will offer soups, cold and hot appetizers, salads, pizzas, sandwiches, and entrees. The requested hours of operation are 11:30 a.m. to 1:00 a.m. daily. The subject property is located within the Bixby Office Park, a multiple-tenant, mixed use project located at Seal Beach Boulevard and the I-405 Freeway. The legal description can be found on the Site Plan. 2. Restaurant Mr. K's restaurant has 7,197 square feet of gross floor area, including an outdoor patio. The restaurant will seat 236 persons. 3. Patin The patio is 1,311 square feet, 892 square feet of which are proposed to be covered. The applicant proposes to seat 72 people on the patio; 36 in the screened area and 36 in the open patio area. Access to the patio is through the restaurant, although there is an exit gate from the patio about 4' from the main entrance. Two one-way exit gates are shown on the plans. The Uniform Building Code prohibits a person from entering a burning building to exit the facility. Therefore these two gates are for emergency exiling only. They will be alarmed for wrong-way entry and will have panic hardware on them. 99-1 PC SUR Report 2 Planning Camluion Staff Report Conditional Use Permit 99-1 Mr. K's Restaurant-3001 Old Rand Pk"y. February 17, 1999 The patio was approved by the City Council in 1987 as part of the Precise Plan for the Bixby Old Ranch office complex. Shared parking lot Entry Sidejk Proposed Patio Spaghettini Mr. K's Seal Beach Bo Seal Beach Boulevard One side of the patio fronts Seal Beach Boulevard. One side of the restaurant fronts the shared parking lot. One of the two exit gates is 3' to 4' from the front door. The stucco patio walls are 3' high. The exit gates are 3' tall and are made of wrought iron bars, spaced 2" - 3" apart. To ensure the patio construction is designed such that alcohol cannot be passed to patrons and/or persons outside the limits of the patio and to decrease roadway noise within the patio area, staff suggests the applicant install 2' plexiglass panels around the patio and install new gates to reach the 5' height of the wall. Staff indicates that B.J's Pizza has a 3' wall at the front of its patio, as will the newly-proposed Hennessey's Grill and Tavern. The traffic patterns and traffic volumes along Seal Beach Boulevard and Main Street are quite different, and that results in the recommendation for the increase in wall height around the patio area. 4. Parking The 7,197 square foot restaurant requires 72 parking spaces and has 115 in the shared lot. Staff spoke with Cary Hardwick, the owner/operator of Spaghettini's because on January 28, 1999, staff inspected the site and noted the shared parking lot was almost completely filled with cars — without the second restaurant's being open. Mr. Hardwick said the business at Spaghettini's has been quite good and . the lot is quite full most all the time. On Wednesday, Thursday, Friday and Saturday nights he has a $1.00 valet service. He uses Bixby's office parking lot in an arrangement between Bixby and himself. He has found this extremely useful as it has kept the shared lot flowing. His patrons seem happy with this 99-1 PC SYR Report 3 Planning Commission Staff Report Conditional Use Permit 99-1 Mr. Rs Restaurant-3W1 Old Ranch Pkwy. February 17, 1999 arrangement. His hope is that any new restaurant going in would use this same system. Police Department Apnroval Michael Sellers, Chief of Police, has reviewed the application for the new restaurant and on-premise alcohol sales. He has indicated some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns. 2, Sunnunding l and Uses and 7aning North &West A flood control channel and single family homes located in Rossmoor, an unincorporated community in Orange County. The residential community of Rossmoor abuts the Bixby Office Park, but is separated by a masonry wall, heavy landscaping and a flood control channel. South Office buildings in the Bixby Office Park Specific Plan Regulation zone. East A vacant lot, formerly a service station in the C-2 zone, separated from the subject property by Seal Beach Boulevard. 7. Previous Approvals In 1987, two restaurants (including the required parking, service and loading areas) were established as permitted uses under the Bixby Old Ranch Business Park Specific Plan. Development standards prescribe their location on separate pads, with a height limit of 25', and a parking rate of one space for each 100 square feet of gross floor area. The approved plan for the Bixby office buildings indicates that one restaurant shall contain a maximum of 9,000 square feet and the other 6,000 square feet. Each restaurant site provides 115 parking spaces, for a total of 230 spaces, 80 spaces in excess of the City's parking requirement for facilities of this sit. The larger of the two restaurants is Spaghettini, a country Italian dinner house. Spaghettini incorporates a lounge and dining area, seating a total of 296 patrons into 8,474 square feet of gross floor area. The 115 parking spaces exceeds the Code requirement of 85 by 20 spaces. A 755 square foot service yard/loading area is also provided. 994 PC Staff Repoli 4 Planning Communion Staff Report Conditional Use Permit 99-1 Mr. R's Rerwuram-3001 OW Ranch Pkwy. February 17, 1999 The second restaurant site, the proposed Mr. K's, contains 6,496 square feet of gross floor area, and a service area of 701 square feet. The plans submitted for Mr. K's American Grill conform to the Bixby Old Ranch Business Park Specific Plan. Although this square footage exceeds the 6,000 square feet previously authorized by the City Council, the smaller area of Spaghettini's compensates for the 487 square foot overage, which is 526 square feet under the 9,000 square foot limit. Mr. K's parking is also more than adequate for the size of the restaurant, as the 115 spaces will accommodate a restaurant of 11,500 square feet. The design of Mr. K's restaurant maintains the standard of quality established for the site. The proposed exterior is a modem Californian style, consisting of taupe stucco, brick columns, sage green metal canopies and trim in muted colors of dove gray, burgundy and crème. No interior architectural details were provided with the application. The applicant proposes to cover 892 square feet of the patio with a year round, louvered roofing system. The subject property has previously received the following Planning Commission approvals: • CUP 88-2: Approved beer and wine license to the Souper Corporation. • CUP 90-4: Approved indefinite extension to Souper Corporation. • CUP 92-26: Approved ABC type 47 license for Tortilla Beach 8. Alcohol: Over-Concentration and Crime Reporting District The applicant is applying to sell beer, wine and distilled spirits at a new restaurant with an ABC type-47 license. "On-sale" is an ABC term stating that alcohol consumption at that site must be consumed on the premises and cannot be sold for take out/off-premises consumption. The previous tenant, Tortilla Beach restaurant, surrendered its type-47 license, #47-280748 to ABC on May 30, 1995, at the same time the restaurant closed. On August 20, 1996, ABC canceled that license permanently. The site has been vacant for approximately three and a half years and cannot be considered for "grandfathering" or continuation of a previously existing use. Because it would be a new license, the crime reporting district/over-concentration calculations do WV. The subject property is located in census tract 1100.08 and crime reporting district (CRD) 17. This census tract is considered over-concentrated in ABC licenses, as eleven (11) on-sale licenses exist where five (5) are appropriate. 99-1 PC SURRepon 5 Planning Commission Sue Report Conditional Use Permit 99-1 Mr. I's Paramus:-3091 Old Rand Pkwy. February 17, 1999 In 1995 the City's Police Department included two new crime reporting districts, brining the total number to 22. Previously, this site would have been considered a high crime district for Seal Beach because it was previously included in CRD 18 which included the Bixby Office Park and Rossmoor Business Center. CRD 17 includes the 405/605/22 Freeways throughout the City and does not include Rossmoor Business Center. These CRD districts and the crime reporting statistics gathered are for Police Department use. At ABC's request, the Police Department provides them with annual crime statistics. ABC totals the statistics to obtain the total crimes Citywide. To designate an area as a "high crime" area, ABC calculates 20% above the average number of crimes per reporting district. If a census tract is 20% above the average crimes it is designated as "high crime". For example, in 1998 the total citywide crime figure was 2,031. Divided by the 22 crime reporting districts, the average is 92 crimes per district. 20% above that 92 — anything over 110 crimes per district would be designated as "high crime". CRD 17 had twelve(12) crimes in 1998: 1 Domestic violence 1 Possession of synthetic drugs 1 Alcohol driving while intoxicated 1 Traffic accident with injury 1 Traffic accident without injury 3 Arrests for warrants 4 Stored vehicles CRD 18, which includes Rossmoor Center area, had 152 crimes in 1998. The Police Department has informed the Planning Department that these crime statistics are tallied by crime reports taken, anything that generates any paperwork. They explained that a crime could be reported in CRD 17 if a person was being followed by a police officer and happened to get stopped in that location. 9. Calculating Over-Concentrated Areas The term 'over-concentration" relates to the number of ABC licenses within a census tract. This tract is over-concentrated according to ABC calculations. To explain, ABC's Sacramento office calculates the total number of ABC licenses in Orange County and divides the total Orange County population by the number of licenses in the County to determine a ratio of licenses per capita. 99-1 IC staff Rayon 6 Planning Commission Staff Report Conditional Use Permit 99-1 Mr. Kis Restaurant-3001 Old Ranch Pk y. February 17, 1W9 ABC then takes the latest census population statistics for the census tract in which a license is to be placed and compares it with the number of people per license. If there are more licenses than the number allowed, the ABC considers that census tract over-concentrated and ABC's Rule 61.3 would apply. The calculation would then proceed to the City's crime reporting statistics. The City's two census tracts coming under Rule 63.1, over-concentration and high crime, are: • Census tract 995.05 CRD 3, 4, 7 • Census tract 1100.08 CRD 17 and 18 The ABC's current ratio for Orange County licenses is one (1) on-sale license for every 939 people and one (1) off-sale license for every 1,582 people. This is what exists: Census Population On-Sale On-Sale Off-Sale Off-Sale Tract Allowed Have Allowed Have 1100.08 4044 5 11 3 3 Census tract 1100.08 is a large census tract, only a portion of which is in Seal Beach. Approximately 4,044 people live in that tract, but approximately 668 people live in the Seal Beach portion of that tract, with the remaining area including portions of Rossmoor. The establishments in census tract 1100.08 that sell liquor are: BIXBY BUSINESS PARK Address Establishment ABC Hours Type 3001 Old Ranch (Abandoned: 47' Ilam-11pm Daily Was Tortilla Beach) 3005 Old Ranch Spaghettini's 47 Ilam-I1pm Daily Entertainment 3901 Lampson Ave Old Ranch Country Club 572 loam-tam Daily 3900 Lampson Ave Old Ranch Tennis Club 40' 9am-10pm Daily 3010 Old Ranch Bacardi Imports 05/10' None '47: On-Sale General—Eating Place s 57: On-Sale General-Special s 40: On-Sale Beer-Only e 05/10: Distilled Spirits Mfg.s Agent/Beer&Wine Importer's General 99-1 PC Staff Raven 7 naming Cmnmiulon Staff Report Conditional Use Permit 99-1 Mr. L's Restaurant-3001 Old Rand Pkwy February 17, 1999 ROSSMOOR CENTER 12101 S.B.B. Carriage Trade Liquor 21' 6am-12am Su-Th Gam-lam F-Sa 12147 S.B.B. Yucatan Grill 41' 10am-11pm Daily 12149 S.B.B. Davio's 41 None 12161 S.B.B. Champ's 41 None 12235 S.B.B Fit Stop 41 Sam-lOpm Daily 12309 S.B.B. Panda Panda 47' Ilam-10:30pm Daily Entertainment 12241 S.B.B. Parasol 41 Gam-lam Daily 12311 S.B.B. Brunswick Rossmoor Bowl 47 9am-12 am Su-Th 9am - 2am F-Sa 12419 S.B.B. Thrifty #330 21 Sam-lOpm Daily 12245 S.B.B. Lucky #877 21 6am - 12am Daily 12489 S.B.B. Marie Calendar's 47 None Regulation 61.3 Several years ago the City made a request to ABC for the City to be placed under Regulation 61.3 of the Alcoholic Beverage Control Act. The purpose of this request is to give the ABC a basis on which to deny license requests. Regulation 61.3 says if an area has bob high crime and an over concentration of ABC licenses, the ABC can automatically deny an application for a liquor license. The City may still approve licenses in an over-concentrated/high crime area if it so desires through the conditional use permit review process. DISCUSSION Regarding hours of operation, conditionally approved hours of operation for restaurants in census tract 1100.08, holding type 47 ABC licenses, differ: • Spaghettini's 11:00 a.m. to 11:00 p.m. daily • Panda Panda 11:00 a.m. to 10:30 p.m. daily • Brunswick Bowl 9:00 a.m. to 12:00 a.m. Sun-Thu 9:00 a.m. to 2:00 a.m. Fri-Sat • Marie Calendars No hours established '21: Off-Sale General '41: On-Sale Beer&Wine—Eating Place '47: On-Sale General—Eating Place 99-11C Sten Report 8 Planing Commission Staff Report Conditioned Use Pennu 99-1 Mr. IC's',COMMaa-3W1 Old Ranch Pkwy. February 17, 1999 While the applicant has requested operating hours of 11:30 a.m. to 1:00 a.m. daily, staff recommends the restaurant itself be permitted to operate from 11:00 a.m. to 11:00 p.m. daily. This is in keeping with the other type47license in the center, Spaghettini's, and the previously approved operating hours for this establishment when it operated as Tortilla Beach. Regarding the patio, staff recommends installation of 2' plexiglass panels on top of the existing 3' walls and the installation of 5' gates to meet the 5' wall height recommended. Although this privacy is in an over-concentrated area, it is not within a high crime area, and staff recommends approval of the request, subject to Conditions of Approval. The premise has previously operated as a restaurant with no enforcement issues arising. Staff is of the opinion that this is an appropriate location for a restaurant if properly conditioned, and therefore, is recommending approval, subject to the conditions set forth below. In response to the City's mailed legal Notice, no written responses were received by staff and no phone calls regarding the proposal were received at the time this report was prepared for distribution to the Planning Commission. FINDINri$ 1. Conditional Use Permit 99-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property. 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 2. The building and property at 3001 Old Ranch Parkway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. 3. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. 4. The on-site sale and service of general liquor is compatible with the character of the center. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control will mitigate any negative impacts to neighboring residential properties. 99.1 PC Staff kapott $ Planning Commission Staff Report Conditional Use Permit 99-1 Mr. I.Restaurant-3001 Old Ranch Pkwy. February 17, 1999 5. The City of Seal Beach Police Department has reviewed the existing records and has some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns. PP.:OMMENDATION Staff recommends the Planning Commission approve this request subject to the following Conditions of Approval: I. Conditional Use Permit 99-1 at 3001 Old Ranch Parkway is approved for Department of Alcoholic Beverage Control (ABC) license type 47, Alcohol Sales & Service 2. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). This shall be done as soon as the license is received by the applicant from ABC. 3. The applicant shall comply with all City Conditions of Approval as set forth in Planning Commission Resolution No. 99-_ 4. 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 or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 5. 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. 6. 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 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. b. 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. 99-I PC SanR,pon 10 Planning Commission Ste Report Conditional Use Permit 99-1 Mr. xis Restaurant-3001 Old Ranch Pkwy. February 17, 1999 c. Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d. Methods of dealing with intoxicated customers and recognizing under age customers. 7. The following organizations provide training programs, which comply with the above criteria: a. Provider: Deoartment of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: l•Monday of each month Time: 10:00 a.m. to 1:00 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ma b. Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: California Coordinating Council for Responsible Beverage Service (C3RBS) Telephone: (714) 834-2860 • Karen Keay Cost: $12.00 per person • Tax Deductible For special events training c. Provider: Orange County Health Care Agency Program: Project Path Telephone: (714) 895-9088 • Irene Glenday Cost: Free 8. The hours of operation shall be 11:00 a.m. to 11:00 p.m. Daily 9. No video games or similar amusements shall be permitted on the premises. 10.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. 11.Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. 99-1 PC SWRRWon 11 Planning Commission Staff Report Coditiongl Use Peemis 99-1 Mr. L's Reamgmm-3001 Old Ranch Pkwy. Febrgary 17, 1999 A lighting plan shall be provided which promotes minimal disturbance to nearby residences. This plan will be subject to review and approval by the Director of Development Services. 12.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. 13.The establishment shall have a public telephone listing. 14.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. 15.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 Bach, to require the provision of additional security measures. 16.Conditional Use Permit 99-1 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the ABC and as audited by the City staff. The applicant shall reimburse the City for all reasonable costs associated with said audit, said reasonable costs not to exceed $3,000. Said audit to be conducted upon completion of the first twelve (12) months of business operation. The Planning Commission is hereby delegated the discretion to accept an audit prepared on behalf of the ABC in lieu of requiring a separate audit. Thereafter, additional City audits shall be at the sole expense of City unless said audits verify incorrect percentages of food and alcohol sales so as require reclassification of the licensed premises as other than a "bona fide public eating place" as defined by the ABC, based on audits or financial reports as submitted by the business operator as part of its yearly internal audit/financial reports or audit reports submitted to the ABC. 17.The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 18.A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department. 19.There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a Conditional Use Permit 99-1 PC SUR Report 12 Planning Com mission Staff Report Caditiowl Use Permit 99-1 Mr. les Restaurant-3001 Old Ranch Pkwy. February 17,1999 issued by the City and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City Manager of the City of Seal Beach. 20.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 Conditional Use Permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 21.All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Director of Development Services. A minimum five-foot high enclosure is required to mitigate noise impacts of vehicular traffic from Seal Beach Boulevard. 22.A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 23.The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 24.This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 25.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. 99-1 PC staff Report 13 Planning Commission SiaeReport Conditional Use Penna 99-1 Mr. I's Reetavaa-3001 ON Rand,Pkwy. February 17, 1999 26.All alcoholic beverages served in the outdoor dining area must be served in glass containers. 27.Any canopy constructed over an outdoor dining area shall comply with all requirements of the City's Building Department and the Orange County Fire Authority. 28.This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 29.The term of this permit shall be six (6) months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 99-1. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite permit. -- Whittenbergar Director of Development Services Attachments: (5) Attachment 1: Municipal Code Sections Attachment 2: Proposed Resolution Attachment 3: Application Attachment 4: Crime Statistics Memorandum Attachment 5: Plans 99-1 PC Staff Ryon 14 Planning Commission Staff Report Conditional Use Permit 99-1 Mr. IC's Restaurant-3001 Old Rand Pkwy. February 17, 1999 ATTACHMENT 1 MUNICIPAL CODE SECTIONS "Article 13. Service Commercial Zone (C-1 Zone) Section 28-1300. Permit Uses. In the C-1 Zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article: (I) Any use permitted in the C-0 zone; (2) Service business dealing directly with consumers (dressmaker, tailor, etc.), veterinary out-patient clinic subject to Planning Commission determination of compatibility; (3) General retail businesses such as grocery store, furniture store, etc.; (4) Liquor store (off-sale); located more than 100 feet from residentially zoned ptoperry, a church or school; (5) Restaurant (not including drive-in restaurants); (6) The following recycling facilities as defined in Section 28-2321: (a) Reverse vending machines; (b) Small collection recycling facilities within a convenience zone; and (c) Mobile recycling units within a convenience zone; (7) Following uses subject to issuance of a Conditional Use Permit: (a) On-sale and off-sale liquor establishments. Any such establishments which qualify for temporary on-sale or off-sale licenses under the provisions of California Business and Professions Code Sections 24045.1, 24045.2, 24045.3, 24045.4, 24045.6, 24045.7, 24045.8, and 24045.9, as may be amended, shall be exempt from this requirement for a conditional use permit; (b) Restaurant, walk-up/take-out; (c) Automatic ice vending machines; (d) Ambulance service; (e) Drive-in window film stand; (f) Electric cart sales and minor service; (g) Pot shop; (h) Coin operated amusement machines as a secondary use; (i) Entertainment Cafes. Any entertainment cafe lawfully existing on April 23, 1986, kr which a Conditional Use Permit has not been granted, shall obtain such a permit within two years thereafter. The failure of such entertainment cafe to obtain a conditional use permit within such 99-1 PC SSP Rego 15 Planning CananifSiO,I Staff Report Conditional Use Permit 99-1 Mr. Vs Restaurant-3001 Old Ranch Pkwy. February 17, 1999 period of time shall render such cafe a non-conforming use which shall be terminated and abated immediately; (j) Commercial activities operating between the hours of 2:00 a.m. and 6:00 a.m. (Ord. No. 1348, S6) (8) Similar retail or service establishments catering directly to consumers when interpreted by the Planning Commission as meeting the intent of service commercial uses and the general plan. Section 28-1301. Limitations on Permitted Uses. Every use permitted shall be subject to the following conditions and limitations: (1) All uses shall be constructed wholly within an endosed building except such uses as: (a) Growing stock, only when in connection with horticultural nurseries; (b) Parking lots; (c) Restaurant, semi-enclosed." "Article 14 ene I oma i I n ( - ne). 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: (I) Any use permitted in either the C-0 or the C-1 Zone," "$ection 28-2503. Conditional Use Permits May Be Granted. The Planning Commission may grant a conditional use permit in the case of an application for a use which is required to be reviewed and conditioned prior to approval so as to insure compatibility with surrounding uses and the community in general and the General Plan." "Section 28-2504 Brno " of ConditionalInce Permit, The purpose of a conditional use permit shall be to insure proposed uses are compatible with surrounding uses and not detrimental to the neighborhood." 99-I PC Staff Report 16 Planning Commission Staff Report Conditional Use Permit 99-1 Mr. xs Restaurant-3W1 Old Rand Pkwy. February 17,1999 ATTACHMENT 2 PROPOSED RESOLUTION RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT 99-1, PERMITTING AN ALCOHOL-RELATED LAND USE AT 3001 OLD RANCH PARKWAY (MR. K's AMERICAN GRILL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 30, 1998, George Kookootsedes of Terjon, Inc. ("Applicant") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 99-1. The applicant requested approval of an alcohol- related land use permitting the sale of beer, wine and distilled spirits for on-premise consumption in conjunction with a new restaurant located at 3001 Old Ranch Parkway (Mr. K's American Grill). Section 2. Pursuant to 14 Calif. Code of Regs. Section 15025(a) and Section ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 99-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs., Section 15301 (Existing Uses), because the application is for an existing use which is not expanding in excess of 50% of the floor area of the structure before the addition, or 2,500 square feet, and pursuant to Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. • 99-1 PC SUR Report 17 Planning Commission staff Report Conditional Use Pamir 99-1 Mr. 10 RMaarwv-30M Old Ranch Pkwy. Febnmy 17. 1999 Section 3. A duly noticed public hearing was held before the Planning Commission on February 17, 1999 to consider the application for CUP 99-1. The applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing on February 17, 1999 indicates the following: (a) On December 30, 1998, George Kookootsedes submitted an application for CUP 99-1 with the Department of Development Services. (b) The applicant requested approval of an alcohol-related land use permitting the sale of beer, wine and distilled spirits for on-premise consumption in conjunction with a new restaurant located at 3001 Old Ranch Parkway (Mr. K's American Grill). (c) The applicant proposed to remodel the exterior of an existing restaurant, to add a new fifty (50) square foot entrance and to add a new patio cover, thus covering 892 square feet of a 1,311 square foot patio. The subject property contains approximately 7,197 square feet. (d) The applicant proposed hours of operation from 11:30 a.m. to 1:00 a.m. daily. (e) The subject property is legally described as that portion of Section 31, Township 4 South, Range 11 West, in the Rancho Los Alamitos, City of Seal Beach, County of Orange, State of California, shown on map No. 2 attached to the final decree of partition of Said Rancho, a certified copy of which was recorded February 2, 1892 in Book 14, Page 31 of Deeds, in the office of the County Recorder of said County, more particularly described as follows: Parcels 3, 4, and 5 as shown on that certain Tentative Parcel Map No. 86-280 dated July 8, 1986 approved by the City of Seal Beach on October 27, 1986 pursuant to Resolution No. 3649. (f) The subject property's surrounding land use and zoning classifications are: North & West A flood control channel and single family homes located in Rossmoor, an unincorporated community in Orange County. 99-I PC SUR Report 18 Planning Commission Staff Report Conditional Use Permit 99-1 Mr. I's Restaurant-3001 Old Ranch Pkwy. February 17, 1999 South Office buildings in the Bixby Office Park. East A vacant lot, formerly a service station in the C-2 zone, separated from the subject property by Seal Beach Boulevard. (g) The subject property has previously received the following Planning Commission approvals: CUP 88-2 On Sale Beer and Wine, Souper Corp. CUP 90-4 On Sale Beer and Wine, Soup Exchange CUP 92-26 On Sale Beer, Wine and Distilled Spirits, Tortilla Beach (h) The Department of Development Services deems the property to meet all parking fade requirements. (i) The Seal Beach Police Department reviewed the application and reports it has some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns. (j) The City received no written comments responding to the Notice of the Public Hearing for CUP 99-1 on February 17, 1999. Section 5. Based on the facts contained in the record, including those stated in Section 4 of this resolution, and pursuant to Sections 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows: 1. CUP 99-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits alcohol-related land uses subject to the issuance of a Conditional Use Permit. The use is also consistent with the remaining elements of the City's fienrral 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. 2. The building and property at 3001 Old Ranch Parkway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. 3. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. 99-1 IC Stell Ryon 19 Planning Commission SuiiReport Conditional Use Permit 99-1 Mr. 11-4 Restaarant-3001 Old Ranch Pkwy. Febrsary 17, 1999 4. The on-sale service of general liquor is compatible with the character of the subject area. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. 5. The City of Seal Beach Police Department has reviewed the existing records and has some reservations regarding the operation of the business, and staff has prepared conditions of approval to address those concerns. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 99-1, subject to the following conditions: 1. Conditional Use Permit 99-1 at 3001 Old Ranch Parkway is approved for Department of Alcoholic Beverage Control (ABC) license type 47. Alcohol Sales & Service 2. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). This shall be done as soon as the license is received by the applicant from ABC. 3. The applicant shall comply with all City Conditions of Approval as set forth in Planning Commission Resolution No. 99- 4. 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 or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 5. It shall be the responsibility of the applicantllicensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. 6. The knowledge and skills deemed nencsary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a. State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving 99-1 PC suER.port 20 Planing Commission Staff Report Cmditional Use Penn 99-1 Mr. I's Restanrmn-3001 Old Ranch Pkwy. February 17, 1999 under the influence, hours of legal operation and penalties for violation of these laws. b. 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. c. Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d. Methods of dealing with intoxicated customers and recognizing under age customers. 7. The following organizations provide training programs, which comply with the above criteria: a. Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714)558-4101 Date: 1m Monday of each month Time: 10:00 a.m. to 1:00 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ma b. Provider: Orange County Health Care Aeency Alcohol &Drug Education Prevention Team (ADEPT) Program: California Coordinating Council for Responsible Beverage Service (C3RBS) Telephone: (714) 834-2860 * Karen Keay Cost: $12.00 per person * Tax Deductible For special events training c. Provider: Orange County Health Care Aeency Program: Project Path Telephone: (714) 895-9088 * Irene Glenday Cost: Free 8. The hours of operation shall be 11:00 a.m. to 11:00 p.m. Daily 9. No video games or similar amusements shall be permitted on the premises. 99-1 PC Staff Report 21 Planning Commission Staff Report Conditional Use Permit 99-1 Mr. 6'e Restaurant-3001 Old Rands Pkmy. February 17, 1999 10. 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. 11. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. A lighting plan shall be provided which promotes minimal disturbance to nearby residences. This plan will be subject to review and approval by the Director of Development Services. 12. 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. 13. The establishment shall have a public telephone listing. 14. 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. 15. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 16. Conditional Use Permit 99-1 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the ABC and as audited by the City staff. The applicant shall reimburse the City for all reasonable costs associated with said audit, said reasonable costs not to exceed 53,000. Said audit to be conducted upon completion of the first twelve (12) months of business operation. The Planning Commission is hereby delegated the discretion to accept an audit prepared on behalf of the ABC in lieu of requiring a separate audit. Thereafter, additional City audits shall be at the sole expense of City unless said audits verify incorrect percentages of food and alcohol sales so as require reclassification of the licensed premises as other than a "bona fide public eating place" as defined by the ABC, based on audits or financial reports as submitted by the business operator as part of its yearly internal audit/financial reports or audit reports submitted to the ABC. 99-1 PC sort aepon 22 Planning Commission Staff Report Corddonal Use Perna 99-1 Mr. VI Rsstauran-3001 Old Ranch Pkwy. February 17, 1999 17. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 18. A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department. 19. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a Conditional Use Permit issued by the City and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City Manager of the City of Seal Beach. 20. The establishment shall comply with Chapter 13D, "Noise Control", of7h f'.ode 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 conditional use permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter I3D. 21. All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Director of Development Services. A minimum five- foot high enclosure is required to mitigate noise impacts of vehicular traffic from Seal Beach Boulevard. 22. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 23. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City pf 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. 24. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension 99-I PC Staff Lyon 23 Plowing Commission Staff Report Conditional Use Permit 99-1 Mr. Vs Restaurant-3001 Old Rand Pkwy. February 17, 1999 submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 25. 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. 26. All alcoholic beverages served in the outdoor dining area must be served in glass containers. 27. Any canopy constructed over an outdoor dining area shall comply with all requirements of the City's Building Department and the Orange County Fire Authority. 28. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 29. The term of this permit shall be six (6) months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 99-1. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach ata meeting thereof held on the day of 1999, by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners 99-1 PC Staff Ryon 24 Panning Commission Staff Report Conditional Use Permit 99-1 Mr. I's Restaurant-3001 Old Ranch Pkwy. February 17, 1999 Brian M. Brown, M.D. Chairman of the Planning Commission Lee Whittenberg Secretary of the Planning Commission • 99-I PC SYR Report 25 Planning Commission Staff Report Conditional Use Permit 99-1 R's Restaurant-30W Old Ranch Pkny. February 17, 1999 ATTACHMENT 3 APPLICATION 99-I PC Sue Report 26 .-.. . --• ""''r Public Haring Application Packet (Conditional Use Permit I Unclassified Use Permit CIN OF SEAL BEACH 1 Variance • I Height Variation 1 GPA/Zero Change PUBLIC HEARING APPLICATION t Other PPR OFFICEUSEONL^y,y� 4 ` , IAppYd.:x.: . L� k , "S M1 a?Y f r q e Fr ;'r-*, cationNo 'my" ( di-1-r, "° .Dater/lac '+ ate Planning Commission Date: ,1gam -99 _ -Date Complete:^-tii Y.1 ., 1. PropertyAddress: 3001 Old Ranch Parkway , Seal Beach 2. Applicant's Name: Terjon , Inc. dba: Mr . R' s Address: 18912 MacArthur Blvd. , Irvine , CA 92612 MomePhone: (941 643-1095 Work Phone: (949 )757-oast Mailing Address: • 3. Property Owner's . Name: Bixby Office Park Associates, LLC ess 3010 Old Ranch Parkway , Seal Beach, CA 90/40 Hommd4 He Phone: ( ) Work Phone: C49 ) 493-1475 4. General Plan and Zoning Designation: & Present Use of Proper Restaurant G. ProposedUseofProperty. Restaurant 7. Requester. Conditional Use Permit B. Dusetethe Proposed Improvements: To cosmetically improve the exterior and interior of the building. Page 1 (Revised 3/98) Cry of Seal Beach • Put"-Nearing APpeation Packet B. Describe how and if the proposed Improvements are appropriate for the character of the surrounding neighborhood: The improvements will create a classy look to the building which is presently vacant . it will benefit the surrounding area in appearance and commerce . 10. Describe how and if the approval of this request would be detrimental in any - way to other property In the vicinity. None Known 11. Proof of Ownarshlp Staff Is to attach hen a photocopy of a Mature IA.and a photocopy of the Grant Deed provided by Me applicant signed and notarized'Owner's Affidavit'form to W completed and attached to application 12. Legal Description (or attach description from Title or Grant Deed) BGeorge Ktokoo( '—r` 13y. George Kb okootsedes (agortwm0P wtyperam Terjon, Inc . (Flint tylia) (Pin N►T.) (Data) (Otto) • Page 2 (RSud LDS) NUITAL•UCMZONO ASSOCIATES Qn.i architecture c plannirg ROBERT J.WUITALi,aroMeet 3199-c©Vet pop drive,cost,masa co 92626• 714/646-2760 >tax 114/; E-mail our @ate-F,rI -iE- January 7, 1999 CITY OF SEAL BEACH 21186 Street Seal Beach,CA 90740-6379 ATTN: Ms.Joan Elliman-Executive Secretary-Planning Departattst RE: Mr.X's/Seal Beach • CLT Application 99-1 Dear Ms. Fillmar: I spoke with our client and,per your request on ibis date, have coe.rmed t`,e fa!i-,vire infotmaticn to complete the Public Hearing Application: 1. Liquor License Application will be a type 4 fnr gen'::g beer wiz:. a !c spirits. 2. Hours of Operation: Daily and Weekends- 11:30 a.m -1:77 a.m. I trust that this information will be satisfactory for your purposes. Please let ms '\me if rte teed to provide the City with anything in addition to this. Thank you for your continued assistance. Sincerely yours, NUTTALL•UCHIZONO ASSOCIATES R1 A.Okitnoto Pro est 'tett CC: George Kookootsedes /Z 'd .`.': °h °i;: . ..... .: .... . ' rl F'eft +• 1i}r'r3 CZ YY Kn •—... F r +ice { e / nil • riii II. IIIM 7 F il i tr .i• ' I'�'. 'ir' ' 'II I _• ` . • 11 �.. t = . � � 1 . � .i.., J . �.. i' �� ‘,.. . ;7/i4k#/ : t Vti ft N s. a�-1'f ,tit. ... �� "rMt"�.� x •t+i r fi di " , 14*‘? i l' rki-Lifii. 1 _ if , , _ P. 04; e# — 4 3.1 -.:11.".0 4"."4 Xing.. . ' ' i '- :;". k 12 t y w.� y ��: • ' J. ' -' n 041+ Y.,, g': „ 4.1 WI� i ti ( .0- — , a. ; ,Lila* °rplin f *.t • �G - �t Rty] ;� S . • 7. y2 qac.. y .Pi• „ 141' r yr��". I— j T {4 4t f' ' •-“, - y 4•.. � S ' � '/ • �.. fl �S .t viS �t t .` sZ` M tlH: 4. c 4; e"zr44P1341111 al 424-4.. i '1.1 F j ' .y- y 44 1 .C17 1 Cl . 1 VifI Alis a , , . '.. 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'ieanng Application Packet CITY OF SEAL BEACH PROPERTY OWNER'S AFFIDAVIT STATE OF CALIFORNIA CITY OF SERI.BEACH COUNTY OF ORANGE (tea) BTRBY OFFICE PARR ASSOCIATES, LLC • (Name) swear that(I am)/(we are) the owner of the property at: 9001 Old Ranch Parkway Seal Beach CA 90740 (Street Address) (City) (State) (ZIP) and that (I)1(We) are familiar with the rules of the City of Seal Beach for preparing and filing a Public Hearing application. The information contained in the attached Public Hearing application is correct to the best of(my)/(our) knowledge and (I)/(We) approve of the filing of an application for. Conditional Use Permit for restaurant use by Terjon, Inc. • Bixby Office Park Associates, //��///�/J�/����Q hy• Susan 7 willauvr 4// 4•.. j�CilNL./4N-C-L-- 7/31/98 (Print Name) / (Signal e) \ (Date) (562)493-1475 3010 Old Ranch Parkway, St. 100, Seal Beach, CA 90740 (Telephone) (Address -please print) (Print Name) (Signature) (Date) (Telephone) (Address - please print) SUBSCRIBED AND SWORN TO BEFORE ME - - oaeuANKH THIS �I�* DAY OF T„l 1332 .,, aa1e1r"e77almt /1/ ' ' taornere—eS_ . .) Oarp•Carty Cain bens*I.am Notary Public Page s (Reviled 3/U) Pubte Yaadny Application Packet ENVIRONMENTAL INFORMATION AND CHECKLIST FORM FOR OFFICE USE ONLY Application No.: 'CIDP ciq — I Date Filed: GENERAL INFORMATION 1 Name and address of developer or project sponsor. Name: Terjon, Inc. Street: 18912 MacArthur Blvd . City: Irvine , ZIP; 92612 Telephone Number. 949-752-8001 2 Address of Project 3001 OH Ranch Parkway , Seal Beach, CA 90740 Assessor's Parcel Number. 3 Name, address, and telephone number of person to be contacted concerning this project: Name: John Kookootsedes Street: 18912 MacArthur Blvd. Ciy: Irvine, ZIP: 92612 Telephone Number: 949-752-8001 4 List and describe any other related permits and other public approvals required for this project, Including those required by city, regional, state and federal agencies: N/A 5 Existing zoning district l3 Proposed use of site (Project for which this fore Is filed): Full service restaurant Page 11 s%vlcnoposecm (RavWd test) EANJRONMFMAL JNFORAlAT/ON FORM Pub' Waring Application Packet PROJECT DESCRIPTION 7 Siteslze: Part of Bixby -Old Ranch Business Park B Square footage: Existing 6,496 sq . ft . + existing 701 sq . ft . service yard(no A.C. ) + 50 sq .ft . new entry area . B Number of floors of construction: 10 Amount of offstreetparldng provided: Existing shared parking for the center. 11 (Attach plans) 12 Proposed scheduling: 1 month construction schedule starting in Feb '99. 13 Associated projects: None 14 Anticipated incremental development: None 15 If this is a residential project, indicate the: A. Number of units: N/A B. Unit sizes: C. Range of sale prices or rents: D. Household size(s) expected: 16 If this Is a commercial project, Indicate: A. Type of project: Remodel of existine restaurant include new patio B. Whether neighborhood, city or regionally oriented: City dining cover C: Square footage of sales area: 4 .400 so . ft . publ ' c area O: Size of loading facilities: None 17 If this is an industrial project, indicate: Page 12 • i, pyKtipaz:ORn (Raviudbus) EANIRONMEATAL INFORMATION FORM cityOIMealMeech Pub& paring Application Packet 17 If this Is an Industrial project, indicate: A. Type of project: N/A B: Estimated employment per shift: C: Size of loading facilities: 18 If this is an Institutional project, Indicate: A. Major function* N/A B. Estimated employment per shift: C. Estimated occupancy D. Size of loading facilities: E. Community benefits to be derived from the project: 19 If the project involves a variance, conditionaVunconditional use permit, height variation or rezoning application, state this and indicate clearly why the applicationlsrequired: Conditional Use Permit - Required for restaurant use with on-site liquor consumption. Previous restaurant vacant (dark) for too long a period to utilize previous C.U.P. Are the following Items applicable to the project or Its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO x 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. 22. Change In pattern, scale or character of general area of project. Page 13 '�v'iSCv=zoRn (Revised 10/95) ENVIRONMENTAL INFORMATION FORM Cay of Sea/Beach Pub. .*oaring Application Packet 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. • 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. • 29. Substantial change In demand for municipal service (police, fire, water, sewage, etc.). - x 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • 31. Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING 32. On a separate page, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe 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. Page 14 M16CiDOFpom (Revised 1055) ENV/RONMEMAL INFORMATION FORM wry or Seal Beech PubI-Wearing Application Packet NOTE: • • Before the Lead Agency can accept this application as complete, the applicant must consult the lists prepared pursuant to Section 65962.5 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 compiled pursuant to Section 65962.5 of the Government Code. Accordingly,the project applicant is required to submit a signed statement which contains the following information: • 1 Name of applicant Terson , Inc . 2 Street: 16912 MacArthur Blvd . 3 City: Irvine 4 Zip Code: 92612 5 Phone Number: 949-752-6001 6 Address of site (street name and number If available, and ZIP code) 3001 Old Ranch Parkway, Seal Beach, CA 90740 7 Local Agency(city/county): Seal Beach 8 Assessor's book, page, and parcel number. P Specify any list pursuant to Section 65962.5 of the Government Code: N/A 10 Regulatory Identification number: N/A Page 23 • "SQ40pLae+ (Revved ins) ENVIRONMFMAL INFORMATION FORM • • City of Seal Beech Put Hearing Application Packet 11 Date of List: N/A Date (Signature) For (APplicanQ NOTE: In the event that the project site and any alternatives are not listed on any list compiled pursuant to Section 65962.6 of the Government Code, then the applicant must certify that fact as provided below. I have consulted the lists compiled pursuant to Section 65962.5 of the Government Code and hereby certify that the development project and any alternatives proposed in this application eve not contained on these lists. Date 12-17-98 talk (Signature) For (Applicant) Page 24 • :scacrazi O+ewaasesl ENVIRONMENTAL INFORMATION FORM City of Seat Beach Pu. 'Nearing Application Packet CERT/ACATIOAt I hereby certify that the statements furnished above and in the attached exhibits present the data and Information required for this Initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best y knowledge and belief. Date i2-17-98 �t�4 (Signature) For (Applicant) FOR OFFICE USE ONLY This Is to oeMfytat the foregoing application has been prpected by me and found to be thorough and complete andsvAbme to the rules of the City of Seat Beach governing the fling of an application for a Pulls Hero fla • (Prim Name371e) (Signature) (Date) Page 25 tn:a :Dal (Redeet1 5) ENVIRONMnTAL INFORMATION FORM Mr. K's Restaurant Entrees Barbecued Half Chicken With Honey&Balsamic Glaze Chorizo & Ground Filet Meatloaf With Roasted Corn&Tomato Demi Glaze Pan Seared Chilean Seabass With Sun Dried tomato Crust Glazed Salmon With Lemon Risotto & Sweet Garlic Sauce BBQ Baby Back Ribs Mesquite Grilled Cullotte "Base Ball Cut" Sirloin With Blue Cheese Spinach Crust Grilled New York Striploin With Piled high Sautéed Onions &Mushrooms with Katural Pay Drippings Center Cut Pork Chop With Lentils& Pearl Onion Sauce Lemon Grass Crusted Sea Bass With Chukka Soba Noodle Salad&Blood Change Po rzu "Poor Mans Lobster" Roasted Monkfish Medallions with Lobster Sauce Grilled Swordfish With Warm Potato Salad&Herbed Butter PA 'P L!EE .: ; . Mr. K's Restaurant Sandwiches Grilled Breast of Chicken on Foccacia With Roasted Peppers,Garlic & Cheese Barbecued Tri-Tip Sliced Thin with Horseradish on Onion Bun Mr. K's Burger 1/4 lb. Burger with Chipolte Mayo, Swiss Cheese & Kaibasa Sausage. Lettuce & Tomato Grilled Portobello Mushrooms & Fried Green Tomatoes With Fire Roasted Red Bell Peppers on Dark Wheat Roll Tri-Tlp Dip Roasted Tri-Tip pieced on a French Baguette with Au Jus Blackened Yellow Fin Tuna Sandwich With Dalkon Radish Sprouts,Lettuce, Tomato,Grilled Onion & Honey Mustard on Seven Grain Bread SI. 'd LL:: '"E Mr. K's Restaurant Pizza's Tomato Basil Fresh Tomatoes, Opal Basil &Mozzarella BBQ Chicken Clean Onions, Ginger,Red Onions,Mozzarella& Peppct Jack Cheese, With a Hint of Lemon Grass Caramelized Onion & Sausage Three kinds of Onions, Mild Italian Sausage & Ricotta Chess: Vegetarian Roasted Peppers, Onions, Zucchini&Asparagus with a Tomato Sauce 5/9 d il[C of Mr. K's Restaurant Salads Mr. K's Salad Vine Ripened Tomatoes, Sweet Onions, California Avocado, Feta Cheese Crumbles &Kalamata Olive Vinaigrette Mixed Field Greens With Poached Tomatoes,Julienne Cucumber,Mushrooms & Balsamic Vinegar Caesar Salad Crisp Romaine,Fresh Parmesan, Garlic Croutons & the Chefs Fahubvs Lrasog Rotisserie Chicken Cobb Salad Chiffanarie Lettuce, Smoked Bacon,Fresh Tomatoes,Maytag Blue Cheese &Avocado with your choice of Dressing Chinese Chicken Salad Marinated Chicken Breast Grilled& Tossed with Sweet Peppers, Bean Sprouts, Snow Peas,Peanuts & our Tangy Dressing Nicaise Salad Seared Fresh Big-eye Tina, Greco Beans, Confit Tomatoes, Ego &Baby Lettuce with Sweet& Sour Nicoise Dressing Curried Chicken & Papaya Salad With Sun-Dried Chines,Pecans, Celery&Red Onion,with Honey Dijon Vinaigrette Chop Chop Salad With English Peas, rh,rkon Crisp Celery&Bacon Dressing Fii 'e ILES 'cti J;;:i:_:: '.. -.::. Mr. K's Restaurant Hot Appetizers Sweet Onion Fries With Roasted Garlic &Artichoke Dip Crispy Potato Boats Filled with Smoked Chicken, Scallions & Gorgonzola Blue Cheese with a touch of Sun-Dried Tomato Pesto Pan Fried Crab Cakes With Mango, Avocado & Grapefruit Relish, with Tangy Aioli Chicken Wings With Sweet Honey Lemon Grass & Soy Glaze Caribbean Chicken Skewers Marinated in Coconut Milk and Caribbean Spices, served with Moil) Warm Smoked Salmon,Leek& Onion Tart With Dill Sabayon Texas Torpedoes Anaheim Chilies Filled with Chorizo, Goat Cheese &Refried Beans Mr. K's Restaurant Cold Appetizers Fresh Oysters on the Half Shell With traditional Cocktail Sauce Grilled & Chilled Vegetables With Roasted Red Pepper Dip Blackened Ahi Fresh Ahi with Wasabi,Pickled Ginger &Wonton Chips Vegetable Terrine With Mesculin Greens Crab & English Pea Salad Fired Celery With Stone-Ground Mustard Vinaigrette Bay Shrimp & Crab Margarita With Mango Cilantro, Tequila& Cointreau Traditional Jumbo Shrimp Cocktail With Fresh Lemon& Cocktail Sauce .S;1 ,a iL:5 ':ti .. ..:..: . . Mr. K's Restaurant Soups New England Clam Chowder Soup of die Day Kkkass Chili 4i� '3 LEC '0N : : Planning Commission Staff Report Conditional Use Penna 99-1 Mr. R'S Restanrata-3001 Old Ranch Pkwy. Febriary 17, 1999 ATTACHMENT 4 CRIME STATISTICS MEMORANDUM 99-1 K St.RRtpon 27 • memorandum N Q V ,ike Date: 8-7-95 \Y , carr To: All PersonnelZ gay 0� From: Lt. Van Holt oF�e�0 Subject New Reporting Districts Effective Immediately s 1. City beach from west city limit to the Anaheim Bay, beach lots and pier 2. Main St. 3. Area west of Main St., generally south of PCH business corridor (RD 6) to the west city limit and north of the beach 4. Area east of Main St., generally south of PCH business corridor(RD 6) to the Naval Weapons Station and north of the beach 5. Oakwood Apartments and the Trailer Park (Riverbeach condo's are RD 3) 6. Pch business corridor including The Shore Shop, Zoeter Place, Seal Beach Center, Bay City Center, Radisson and adjacent commercial structures 7. The Hill 8. Gumgrove Park 9. Hellman Property! Police Department and Public Works 10. Rockwell International 11. The intersection and commercial areas north and south of Westminster west of Seal Beach Blvd. 12. Surfside Colony and beach 13. Sunset Aquatic Marina 14. Naval Weapons Station 15. Naval Housing 16. College Park West IS.10.17. 405/605/22 Freeways throughout the City of Seal Beach 18. Rossmoor Center(presently including the bank and gas station east of the blvd.) 19. Old Ranch Tennis and County Club eillir 20. College Park East 21. Beverly Manor Road, Office Complex, Hospital, Library/Bixby Complex (including future additions east of Seal Beach Blvd.) 22. Leisure World SEAL BEACH POLICE DEPARTMENT � � END OF YEAR CRIME STATISTIC REVIEW 1997 - 1998 CRIMES TOTAL PAST TOTAL THIS %INCREASE (PART 1) YEAR TO YEAR TO OR DATE 1997 DATE 1998 DECREASE FROM PRIOR YEAR I.HOMICIDE 1 2 + 100% 2.RAPE 3 3 0% 3.ROBBERY 18 16 - 11% 4.ASSAULT 160 143 - I1% 3.BURGLARY 116 85 -27% 6.LARCENY 301 313 +4% 7.AUTO THEFT 84 55 •35% TOTAL 683 617 - 10% LARCENY THEFT - BY CATEGORY A POCKET 3 0 - 100% PICKING B.PURSE 2 3 +50% SNATCHING C.SHOPLIFTING 25 15 -40% D.FROM MOTOR 108 146 +35% VEHICLE E VEHICLE 7 13 +86% PARTS F.BICYCLE 38 24 -37% O.FROM 50 52 +4% BUILDINGS H COIN I 3 +200% MACHINE L ALL OTHER 58 64 + 10% • MITHGRID INCIDENT COUNT BY MONTH OF YEAR AS OF TUE. JAN 19. 1999. 2:11 PM FROM 01/01/98 TO 12/31/98 SEAL BEACH. CA. FOR HALL PAGE 22 FOR : REPORTING DISTRICT.OFFENSE PRIMARY OCCURED TIME SELECTION OVERALL DESCRIPTORS TOT T JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC REPORTING DISTRICT 16 OFFENSE PRIMARY FOUND PROPERTY 2 0.00 1 1 STORED VEHICLE 5 0.20 1 2 2 CANCELLED REPORT 1 0.00 1 TOT 16 37 1.80 2 4 3 2 3 3 1 4 7 2 3 3 i BY MONTH 5 10 8 5 B 8 2 10 38 5 8 8 REPORTING DISTRIC 17 OFFERS MARY SIMPLE ASST.-D.V. 1 0.00 1 POSS-SYNTHETIC DR 1 0.00 1 WI W HIGHWAY-AL 1 0.00 1 TC INJ PED 1 0.00 1 TC PROP. DAM/MTR 1 0.00 I OSJ MISD WARRANT 3 0.10 1 1 1 IMPOUNDED VEHICLE 1 0.00 I STORED VEHICLE 3 0.10 2 I TOT 17 0 0.50 2 3 1 2 3 1 Y BY MONTH 16 25 8 16 25 8 MITHGRID INCIDENT COUNT BY MONTH OF YEAR AS OF TUE. JAN 19. 1999. 2.11 PM FROM 01/01/98 TO 12/31/98 SEAL BEACH, CA. FOR HALL PAGE 23 FOR : REPORTING DISTRICT.OFFENSE PRIMARY OCCURED TIME SELECTION OVERALL DESCRIPTORS TOT I JAN FEB MAR APR MAY JUN JUL Al SEPT OCT NOV DEC ( NLPDRTING DISTRICT X18 OFFENSE PRIMARY ROB-STRONG ARM BA 1 0.00 1 ASSAULT KNIFE CIT 1 0.00 1 ASSAULT OTHER CIT 1 0.00 1 SIMPLE ASSAULT CI 4 0.10 1 2 1 SIMPLE ASSAULT PO 2 0.00 2 BURG-COM 1800-060 1 0.00 1 BURG-COM 0600-18 1 0.00 1 BURG-VEH OVER $40 1 0.00 1 BURG-VEH $200-400 1 0.00 1 BURG-VEH UNDER 55 1 0.00 1 A/BUtG-COM 1800-0 1 0.00 1 THEFT 2-4 P/POCKE 1 0.00 1 THEFT 2-4 FROM BU 1 0.00 I THEFT 50-199P/SNA 1 0.00 1 THEFT 50-200SHOPL 1 0.00 1 THEFT50-199FROM V 1 0.00 1 THEFT 50-199 OTHE 2 0.00 1 1 THEFT -50 SEOPLIF 2 0.00 1 1 THEFT -50 FROM VE 1 0.00 1 THEFT -50 OTHER 1 0.00 1 STA/STIR OTH-REC 2 0.00 1 1 STA/STIR LOC-REC 2 0.00 1 1 TRK/STLN LOC-NOT 1 0.00 1 OTN/STLN LRL-JOYR 1 0.00 1 FORGERY-CHECKS 4 0.10 1 2 1 COUNTERFEITING-CH 1 0.00 1 FRAUD NSF 20D&UND 2 0.00 2 STOLEN PROP 400/1 1 0.00 1 VMO-COM $999/LES 2 0.00 1 1 VMD-PUB $999/LES I 0.00 1 DISPL/USE DEADLY 1 0.00 1 MTHGRID INCIDENT COUNT BY MONTH OF YEAR AS OF TUE. JAN 19. 1999. 2:11 PM FROM 01/01/98 TO 12/31/98 SEAL BEACH. CA. FOR HALL PAGE 24 FOR : REPORTING DISTRICT.OFFENSE PRIMARY OCCURED TIME SELECTION OVERALL DESCRIPTORS TOT T JAN FEB I. APR MAY JUN JUL AUG SEPT OCT NOV DEC REPORTING DISTRICT 18 OFFENSE PRIMARY U/INFLU-NARCOTICS I 0.00 1 POSS MARIJ-1 OZ 2 0.00 1 1 PASS-SYNTHETIC DR 2 0.00 1 1 CHILD NEGLECT 1 0.00 1 WI ON HIGFWAY-AL 3 0.10 1 1 1 DUI ON HIGHIAY-DR 1 0.00 I POSS ALCOHOL-MING 1 0.00 1 647(F) ALCOHOL ON 11 0.50 1 1 2 1 3 1 2 TRESPASS-Pis NIGH 1 0.00 1 PAROLE/PROS VIOL 1 0.00 1 RUNAHAY(OTH JURIS 1 0.00 1 TC INJ VEH 6 0.20 1 1 2 I 1 PUB ACC/FALL 1 0.00 1 DEATH-NATURAL CAU 2 0.00 1 1 SICK/CARED FOR 1 0.00 1 SUSP CIRCS 1 0.00 I CIVIL 1 0.00 I TC PROP. DAM/MIR 11 0.50 1 1 2 1 3 1 1 1 LOCAL MISD WARRAN 1 0.00 1 OSJ MISD WARRANT 3 0.10 1 1 1 0S3 FEL WMT 2 0.00 2 OTH1 MISC [RIFE P 3 0.10 1 2 LOST PROPERTY 1 0.00 1 FOUND PROPERTY 10 0.40 2 2 1 1 1 1 1 I MISD WR YEH-MJ 1 0.00 1 M4TIGRID INCIDENT COUNT BY MONTH OF YEAR AS OF TUE. JAN 19. 1999. 2.11 PM FROM 01/01/98 TO 12/31/98 SEAL BEACH. CA. FOR HALL PAGE 25 FOR : REPORTING DISTRICT.OFFENSE PRIMARY OCCURED TIME SELECTION OVERALL DESCRIPTORS TOT 1 JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC REPORTING DISTRICT 18 OFFENSE PRIMARY IMPOUNDED VEHICLE 7 0.30 1 1 3 1 1 STORED VEHICLE 25 1.20 1 9 3 3 1 1 3 2 2 CANCELLED REPORT 7 0.30 2 1 3 1 TOT 18 41,, 7.40 10 7 11 16 10 16 14 13 17 4 19 15 1 BY MONTH 6 4 7 10 6 10 9 8 11 2 12 9 REPORTING DISTRICT 19 OFFENSE PRIMARY DUI ON HIGIVAY-AL 1 0.00 1 DUI ON HIGHWAY-AL 1 0.00 1 TC PROP. DAM/MIR 2 0.00 1 1 053 MISD WARRANT 1 0.00 1 IMPOUNDED VEHICLE 2 0.00 1 1 CANCELLED REPORT 1 0.00 1 TOT 19 8 0.30 1 1 1 1 2 I 1 1 BY MONTH 12 12 12 12 25 12 12 REPORTING DISTRICT '20 OFFENSE PRIMARY ASSAULT KNIFE CIT 1 0.00 1 ASST/HWDS.FEET-D 2 0.00 1 1 SIMPLE ASSAULT CI 1 0.00 1 SIMPLE ASST.-D.V. 2 0.00 1 1 BURG-RES 0600-180 I 0.00 1 BURG-VFW OVER 140 2 0.00 1 1 THEFT *400 FROM V 1 0.00 1 MTHGRID INCIDENT COUNT BY MONTH OF YEAR AS OF TUE. JAN 19. 1999. 2:11 PM FROM 01/01/98 TO 12/31/98 SEAL BEACH. CA. FOR HALL PAGE 33 FOR : REPORTING DISTRICT.OFFENSE PRIMARY OCCURED TIME SELECTION OVERALL DESCRIPTORS TOT S JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC REPORTING DISTRICT 900 OFFENSE PRIMARY CANCELLED REPORT 1 0.00 1 TOT 900 1 0.00 1 Y BY MONTH 100 "*" GRAND TOTALS • 2031 00.00 150 142 194 159 163 178 196 177 187 149 169 167 S BY MONTH 7 6 9 7 8 8 9 8 9 7 8 8 "** END OF REPORT *** TBaaasb'„1►" niq : SEAL BEACH CRIME REPORTING DISTRICTS nn ..l=ore:: ��ii I•� 11:3# C KCNINiCN PRDYOED JUNE INP? BY BEA BEACH Pan DEPARN.ENT b.itzbit.,. 1 rm . .,.ut�A��e� I '�{l�— '•"La i Yt{h ` I'1 = tat:e! —11.tit r `�� • c� rAIE n !eli tat Or)4104, L i ., At - ./. •••Ai t -41-0olaja ,111-3 IEBT4J (+, �viett4r Ft,- i _ .r_ ., 411"4,...s s„ :,_., ..3 . tom- s ,iii (c%..... le �'CVrJ I ; a'^ "_is ,?_ Di ,,, a �nc �. _fJ " iI III H lII{ i 11 _ _ 3>�• .. . � ,,, .. r.' ,t ► list r� tie .. . ,3 I tVr" 3 A 'EP,* i___, T M'>(�y > 4R) f Ett n. J los ;NM . �.i� Se �'c r: i t fir i ^�1.N- � ` E. auli F I brill I x�Y o"N9?. C- `•`�. 1J �vml u�1 Arulrsl a. 3. _rn�F ` � r'LL'" R ; to I " I: i t .I Wi� API lilt re;it1 Vr��I 1 °�- t� ••i ,e , ,,,,. . ,\,-,-,., _ _ . _-_. .,..gailkrinir...J.- che L 0 0c, LONG r .. � + I� -11 .w •55. .... .q9-pts •}► •Ii 6i• i iiiJ60 i i•,..4 n ‘ n ' . • 4 \�dyC� 'IIl1 7-11 0 ` q5: ' O I Y.S.NAVAL �F e p�. ej_.,,,,,\\4. .em. c tan Sala sena in. run om i• ik.‘ nwir ..R�l.f7 , a STAIONS _,��` peCL�B+EAC ".s � a 995:trr /\ STATION S4 s`I��_777//////JJJ__.... ,. 1 k i , 995.02 *Milts ". El i MACH I CONK e� I ,4i 4111.0 2,. r.rwNu Otare .. _5. 15.t ..,, NNW JsI / - �� • pyly. 1rilis C jj 71/4,7 d �:� � f\"w �\ � sr o Planning Commission Staff Report Conditional Use Penne 99-1 Mr. [i Restaurant-3001 Old Ranch Pkwy. February 17, 1999 ATTACHMENT 5 PLANS • 99-11C SUR Report 28 CALIFORNIA DROPPING PAR NER ' -a ._ YES NO 1!� } APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control File Number 352558 28 Civic Center Plaza, Room 369 Receipt Number 1228484 Santa Ana,CA 92701 Geographical Code 3018 (714)558-4101 Copies Mailed Date 04/07/99 rba Issued Date DISIRICTSERVING LOCATION: SANTA ANA Name of Business: MR KS AMERICAN GRILL Location of Business: Number and Street 3001 OLD RANCH PARKWAY City, State Zip Code SEAL BEACH CA 90740 County ORANGE Is premise inside city limits? YES Mailing Address: (If different from 18912 MACARTHUR BLVD premise address) IRVINE CA 92715 If premise licensed: Type of license Transferor's names/license: JD ENTERPRISES INCORPORATED 282257 I understand that if I fail to qualify for the license or withdraw this application there will be a service charge of one-fourth of the license fee paid,up to$100. License Tvnp Transaction atmg Fee Tyne Kilos= pun pate Lee 1. 47 ON-SALE GENERAL EA PERSON TO PERSON TRANS P20 YES 0 APR 07,1999 $1250.00 : 2. 47 ON-SALE GENERAL EA ANNUAL FEE P20 YES 0 APR 07,1999 $495.00 : 3. 47 ON-SALE GENERAL EA PREMISE TO PREMISE TRA P20 YES 0 APR 07,1999 $100.00 TOTAL $1845.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act,or regulations of the Department pertaining to the Act? NO Explain any"Yes"answer to the above questions on an attachment which shall be deemed pan of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of ORANGE Date APR 07,1999 Under penalty of perjury.each person whose signature appears below.'certifies and says:(I) He is an applicant.or one of the applicants.or an executive officer of the applicant corporation,named in the foregoing application.duly authorized to make this application on its behalf;(2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true:(3) that no person other than the applicant or applicants has any direct or indirect interest in die applicant or applicant's business to be conducted under the licensers)for which this application is made:(4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agcreditor orit entered into or to defraudn ninety t precedingum) aysieLcenthe hesday on(which ch then transferfepli ti ioois riled with the Department or to gain or establish a preference to or for any creditor to the sf ori or to 1 any cpp y be withdrawn by either the applicant or the licensee with no resulting liabit. Applicant N. iue(s) Applicant Si: ature(s) Ill TERJON IN .� �4 _ , i IJ f 4 l J1 ill 231 Attached . a SOKOOTSEDES, GEORGE J/PRESfCFO KOO to TSEDES, Al IA G/SEC/VP (1 ABC 211 (2199) ( [II)