HomeMy WebLinkAboutCC Res 4239 1993-06-28
RESOLUTION NUMBER ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH ADOPTING NEGATIVE
DECLARATION NO. 93-3, AND CONDmONALLY
APPROVING CUP NO. 92-23 AND VARIANCE NO.
92-3 TO PERMIT THE ESTABLISHMENT OF A
RESTAURANT SELLING BEER AND WINE FOR
ON-PREMISES' CONSUMPTION AND TO
PERFORM A SEISMIC RETROFIT TO THE
PROPERTY GENERALLY KNOWN AS 209 MAIN
STREET (BI'S CHICAGO PIZZERIA)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
FIND, ORDER AND RESOLVE AS FOLLOWS:
Section 1. On November 18, 1992, 81's Seal Beach, L.P. filed applications
for Conditional Use Permit 92-23 and Variance 92-3 with the Department of Development
Services. Specifically, the applicants are requesting the following:
1. CUP 92-23 - A permit to operate an alcohol-related land use which will sell beer
and wine for on-premises consumption and to perform a seismic retrofit of the
property generally known as 209 Main Street (BI's Chicago Pizzeria).
2.
VARIANCE 92-3 - To vary from the commercial parking requirements. Under
current Code requirements, a restaurant is required to provide 1 parking space per
100 square feet of gross floor area (SBMC Section 28-1304(4)) "on the property
on which the building is located or within 300 feet of the building" and a loading
space (SBMC Section 28-1303). Due to physical constraints, the proposal only
provides 3 of the 26 par,king spaces required by the Code on site. In addition, the
Code requires a loading space and landscaping.
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Section 2. Pursuant to 14 Calif. Code of Regs. f 15025(a) and if II.C and
III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative
Declaration, which were circulated for public review and comment from February 17, 1993 to
March IS, 1993, in compliance with the provisions of the California Environmental Quality Act
and the City's Local CEQA Guidelines.
Section 3. A duly noticed public hearing was held before the City Council on
June 14, 1993 to consider the application. Written evidence was submitted for and against the
project. At the public hearing, the applicant and over 20 persons spoke in favor of the request
and 2 persons spoke in opposition.
Section 4. The record of the hearing indicates the following:
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(a) The subject property is located on the westerly side of Main Street
approximately 130 feet north of the center of the intersection of Main Street and Central
Avenue. The property is similar in size and shape, being flat and rectangular, to its neighbors
and to other uses in the zone.
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Resolution Number ~~)f
Oty ColUldl RellOlunon No. _
CondidONJI Use Permit 92-23 ond
V"rilZllce 92-3
(b) The subject property is legally described as Lot 9 of Block 108 of Bay City
Tract, as per Map recorded in Book 3 Page 19 of Miscellaneous Maps, in the Office of the
County Recorder of Said County (Orange County, California).
(c) The subject building was built in approximately 1925, and is recognized
by the City's Planning Commission as a locally recognized historic structure. State law requires
that the building be retrofitted to comply with existing seismic safety standards.
(d) Until 1991, and for 40 years prior to 1991, the subject building was
devoted to restaurant use, most recently by the Green Pepper Restaurant. Such restaurant use
was established prior to the City's current parking requirements. Under the City Code, uses
established prior to changes in the City's parking requirements are considered legal-
nonconforming and are allowed to continue operations without compliance with new parking
standards adopted subsequently to the establishment of such use. Accordingly, the subject
property did not have to meet current parking standards.
(e) The Green Pepper Restaurant went out of business in 1991. The site has
remained vacant since that time. Two subsequent proposed tenants did not commence
operations. An application for an entertainment use was rejected by the Planning Commission.
Another applicant chose not to design the seismic retrofit, apparently for economic reasons.
Due to the vacancy in excess of ninety days, the property has lost its legal nonconforming status,
and any use proposed for the site must comply with existing parking requirements.
(t) The subject property is located on Main Street, which is a commercial strip
fully developed with a variety of commercial uses. The surrounding land uses and wning are
as follows:
NORTH, EAST
& SOUTH
A mixture of commercial uses in the Service
Commercial wne, (C-l).
WEST'
A mixture of single-family and multi-family
residential dwellings in the Residential High Density
wne, (RHD).
(g) A parking study performed in conjunction with this application
demonstrates that public parking facilities within 300 feet of the site are often fully occupied,
and this is especially true of the 100 block of Main Street and the 200 block which includes the
subject property.
(h) The building and property at 209 Main Street cannot provide the on-site
parking required for any new use without demolition of the existing structure. Further, no off-
site facilities within three hundred feet of the site can provide adequate parking. However, a
public parking lot on 8th Street, owned by the City, abuts the 300 foot radius and has ample
parking for the proposed use.
(i) In connection with this application and other recent applications, the City
has perfonned certain parking studies to, inter alia: analyze present supply and future needs;
determine the impacts arising from the proposed use; consider whether current Code parking
requirements should be modified; and to provide additional parking and other mitigation
measures to alleviate the impacts arising from the proposed use, as well as others. To mitigate
any impacts arising from the proposed use and other proposed uses, a reserve fund has been
established in the 1993-1994 Fiscal Year budget for the acquisition and implementation of a
public transit trolley. In addition, the City Council has authorized the use of City-owned parking
facilities to satisfy parking requirements and the preparation of an amendment to the Main Street
Specific Plan to establish more flexible and appropriate parking standards. Council has directed
Resolution Number 'f'?3'1
aty Council Resolution No. _
Conditiolll1l Use Permit 92-23 and
Variance 92-3
staff to consider whether the city-wide commercial parking standards should be modified so that
uses on Main Street, limited by physical constraints, may satisfy parking needs by in-lieu fees,
parking mitigation fees, or offsite facilities, rather than providing parking on site.
Section 5. Based upon the evidence in the record, including the facts stated
in fi 4 of this resolution, and in the environmental documentation prepared in conjunction with
this project, and pursuant to n 28-2403.1 and 28-2500 - 28-2504 of the City's~, the City
Council hereby finds as follows:
(a) The record reveals that the re-establishment of a restaurant use on the
subject property, as conditioned and mitigated herein, will not have any appreciable impact on
traffic to and from the use. The existing roadways which serve the site are adequate to serve
the proposed use and accordingly the application is consistent with the goals, standards, and
policies of the Circulation Element and Growth Management Element. CUP No. 92-23 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 restaurants
serving alcohol subject to the issuance of a Conditional Use Pennit. As conditioned, Variance
92-3 will not adversely affect the General Plan because requiring the Applicant to mitigate
parking impacts is consistent with the policy of the General Plan to require new uses to provide
adequate parking for commercial uses within the immediate vicinity of the subject site. The
parking demand caused by the proposed use can easily be accommodated by the existing City
parking facilities on 8th Street, which is just beyond the 300 foot radius, and by other available
parking. Approval of the project allows its owner a reasonable economic use of the property
of a type proposed in the Land Use Element. The use is also consistent with the remaining
elements of the City's General Plan as the policies of those elements are consistent with, and
reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the
General Plan.
(b) As conditioned herein, the building and property at 209 Main Street are
adequate in size, shape, topography and location to meet the needs created by the proposed use
of the property. The subject property has been devoted to the use proposed by applicant --
restaurant use -- for over 40 years. The building, constructed in approximately 1925, has
proven to be adequate for restaurant uses. While the proposed use cannot provide parking onsite
or upon any site within 300 feet in strict compliance with the Code, the prior occupant, who
enjoyed legal nonconforming status, likewise did not provide onsite parking. As stated above,
the property lost its legal-nonconforming status due to a discontinuation of use based upon a
number of factors beyond the control of the applicant. Thus, the Code requires 23 spaces for
the proposed use. However, the parking demand caused by the proposed use can easily be
accommodated by the existing City parking facilities on 8th Street, which isjust beyond the 300
foot radius, and by other available parking.
(c) Required adherence to applicable building and fire codes ensures there will
be adequate water supply and utilities for the proposed use.
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(d) As conditioned hereby, approval ofa full service restaurant that sells beer
and wine at the site will be compatible with surrounding uses and the community in general and
will not be detrimental to the neighborhood. The consumption of beer and wine in connection
with food consumed on site will not have an adverse impact on surrounding uses, and for the I
reasons stated in paragraph (a) of this Section.
(e) The City Council hereby affinns that it independently reviewed and
analyzed proposed Negative Declaration No. 93-3 prior to acting on the appeal and hereby finds
as follows:
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Resolution Number ~~
City ColUlcil Resolunorl No. _
CoruJitio1llJI Use Permit 92-23 tmd
Varian"" 92-3
(1) Negative Declaration No. 93-3 was prepared by City Staff and
therefore reflects the independent judgment of the City;
(2)
There is no substantial evidence in the record which would support
a fair argument that approval of the application might have a
significant environmental impact;
(3)
Approval of this application involves no potential for adverse
effect, either individually or cumulatively, on wildlife resources
and wil\ not have an adverse impact on fish and wildlife. It is the
re-establishment of an urban use on an urbanized site, and has no
impact on wildlife resources, since there are no identified wildlife
resources on or adjacent to the site. The City Council directs the
Director of Development Services to file the appropriate De
Minimis Impact Finding for the California Department of Fish and
Game Certificate of Fee Exemption.
(f) Pursuant to Government Code Section 65906.5, the City may grant a
variance from parking requirements provided certain conditions are met. Although this section
applies to general law cities, the City Council hereby finds the legislative policy reflected in this
statute is appropriate to the circumstances of the charter city of Seal Beach. Section 65906.5
provides, in relevant part:
"[A] variance may be granted from the parking requirements of a zoning
ordinance in order that some or all of the required parking spaces be located
offsite, ..., or that in-lieu fees or facilities be provided instead of the required
parking spaces, if both the following conditions are met:
(a) The variance wil\ be an incentive to, and a benefit for, the
nonresidential development.
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(b) The variance wil\ facilitate access to the nonresidential
development by patrons of public transit facilities,.... "
The requirements set forth in Section 65906.5 are satisfied here. Allowing
the Applicant to satisfy a portion of its parking requirements through in lieu payments, parking
mitigation impact fees and through the provision of parking at the 8th Street lot provides both
an incentive and benefit for the proposed nonresidential development. Further, granting the
variance, subject to certain conditions, would facilitate access to the proposed restaurant by
patrons of the proposed public transit trolley, and would contribute to a density of commercial
uses necessary to sustain public transit.
(g) In accordance with Government Code Section 65906.5, there is no
requirement to show special circumstances to justify the granting of a parking variance.
Nonetheless, there are special circumstances which warrant the variance here, including the
site's location, surroundings, historic nature and the availability of public parking nearby. In
order to provide the Code required parking, it would be necessary to demolish the existing
structure. As previously noted, the structure has been designated by the City's Planning
Commission as a locally recognized historic structure. Further, the site is in close proximity
to the City-owned 8th Street parking lot, which, by Council action, has been opened to serve
the patrons of the proposed restaurant. Indeed, such lot abuts the 300 foot radius of the subject
property. But for the Code requirement that a use provide parking within 300 feet, there would
be no need for a variance. Accordingly, an alternative ground to grant this variance is to treat
it as a variance from the 300 foot requirement. The proposed use wil\ meet its parking needs
through the use of available parking within 400 feet. Special circumstances also appear because
there is no space on within 300 feet of the site to provide the required parking without
Resolution Number fe:<:3/f
Oty Collndl Resolll1ion No. _
Conditional Use Permit 92-23 tutti
Variance 92-3
destroying all or part of a structure which has a remaining 'useful life and of which its owner
must be allowed a reasonable economic use.
(h) Strict application of the Zoning Code deprives the subject property of
privileges enjoyed by other property in the same vicinity and zone. Other restaurant uses along I
Main Street likewise cannot, and do not provide on-site parking. Such uses, however, have been
in continuous operation as restaurants and have not lost their legal-nonconforming status. The
conditional granting of the requested variance will not constitute a grant of special privileges
inconsistent with other limitations upon other properties in the same vicinity and zone because,
as conditioned, the proposed use will meet its parking demand through the alternative means
provided in the conditions.
Section 6. Based upon the foregoing, the City Council hereby adopts Negative
Declaration No. 93-3, conditionally approves Conditional Use Permit 92-23, granting an a1cohol-
related land use permit allowing the on-premise consumption of beer and wine in conjunction
with a proposed restaurant, and conditionally approves Variance 92-3, a variance from ~
provisions requiring a loading space, landscaping, and provision of 23 parking spaces within a
300 foot radius of the subject property, subject to the conditions attached hereto as Attachment
A.
Section 7. The proposed mitigation monitoring program attached hereto as
Attachment "B" is hereby adopted.
Section 8. 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 other
applicable law.
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PASSED, APPROVED AND ADOYJ'fP by the Cit): coJ. of the City of Seal Beach
at a meeting thereof held on the 0'2EP- day of 1993 by the
following vote:
ABSENT:
Councilme
;?
AYES:
NOES:
_ ~'n ~),~A1~J'
M YOR
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STATE OF CAUFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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Resolution Number ~~~
Oty Counc;l Resolution No. _
ConditioMl Use Permit 92-23 and
Variance 92-3
I, Joanne M. Yea, City Clerk of Seal Beach, California
resolution is the original copy of Resolution Number
Clerk, passed, approved, and adopt~y the City Co ncil
meeting thereof held on the Otlf'!!" day of
do hereby certify that the foregoing
on file in the office of the City
the City of Seal Beach, at a regular
,1993.
Oty Counc;l Resolution No, _
ConditiolUll Use Permit 92-ZJ and
Variance 92-3
ATfACHMENT A, RESOLUTION NO. ~
CONDITIONS OF APPROVAL
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VARIANCE 92-3
CONDITIONAL USE PERMIT 92-23
1. Variance 92-3 is approved for the provision of less than the required on-site parking,
landscaping and a loading space with limited hours of exclusive use in conjunction with
the re-establishment of a restaurant at 209 Main Street, Seal Beach.
'2. CUP # 92-23 is approved for an on-premise Alcohol Related Land Use at 209 Main
Street and to permit a seismic retrofit, and is issued to B J's Seal Beach, L.P.
3. The approval of Conditional Use Permit #92-23 and Variance #92-3 is subject to the
City's approval of a Development Agreement governing the use of the subject property
and the conditional approval herein shall confer no entitlements or rights upon Applicant.
Nor shall the City be obligated to issue any permits or approvals until such time as the
Development Agreement has been approved, without the prior written consent of the
City.
4.
This Conditional Use Permit and Variance shall not become effective for any purpose
unless an "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.
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5. Applicant has agreed to contribute an amount specified in the Development Agreement
to mitigate traffic and parking impacts from the project. The property owner shall agree
to participate in such in-lieu parking program as has been or shall be established by the
City Council for the amount equal to twenty-three (23) spaces. Any changes to the total
parking requirement for the site shall cause the modification of the rate of participation
, in the in-lieu program, subject to Planning Commission approval. The applicant and/or
"property owner shall sign and record the in-lieu parking agreement, or an alternative
document acceptable to the City, prior to the issuance of any building permits and/or
business license. The applicant realizes that this is an interim agreement, and a
permanent agreement may result in further costs per space. A covenant shall be recorded
on the title of the property which stipulates that twenty-une (21) additional parking spaces
are required for the restaurant use of the property, pursuant to the Code of the City of
Seal RP"ch ~ 28-1304(4), and two (2) additional are required for the second story office
use of the property, pursuant to the Code of the City of Seal Beach * 28-1203, for a total
of twenty-three (23) parking spaces.
6.
All requirements of the Orange County Health Department and the Uniform Building
Code shall be met prior to occupancy.
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7. The restaurant use shall not exceed the area designated on the floor plan as approved by
the Planning Commission.
Resolution Number ~~~
Oty Counc;l Resolution No. _
ConditioMl Use Permit 92-23 and
Variance 92-3
8. All construction shall be in substantial compliance with the plans approved through
Variance 92-3 and CUP 92-23, identified as "Exhibit C, Conditional Use Permit 92-23
and Variance 92-3, Floor, Plo,t and Elevation Plan.
9.
The rear of the building shall be posted as a no parking/loading zone between the hours
of 8:00 a.m. and 10:00 a.m. and shall be available for parking or loading at all other
hours. The execution of this condition is subject to the review and approval of the
Director of Development Services.
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10. In order to offset the lack of on-site landscaping, a fee shall be paid to the City to
purchase a maximum of six (6) street trees for the Main Street area. Additionally, if
deemed feasible by the City's Engineering Department, a fee shall be paid to the City
to cover the cost of purchasing and installing an additional pedestrian bench on Main
Street or other hardscape treatments to the sidewalk area adjacent to the subject property.
Said fee shall not exceed $5,000 and shall be paid as a $5,000 deposit prior to issuance
of a certificate of occupancy.
11. A six foot tall brick trash enclosure shall be installed at the rear of the structure as shown
on Exhibit I. Said trash enclosure shall be included on all future construction submittals
and shall be subject to the review and approval of the Director of Development Services.
12. The applicant shall furnish the City a copy of his ABC license and a copy of any
conditions placed on the license by the Department of Alcoholic Beverage Control. This
shall be done as soon as the license is received by the applicant from the State of
California Department of Alcoholic Beverage Control. Applicant shall comply with all
restrictions placed on its license from the Department of Alcoholic Beverage Control.
I 13. The hours of operation shall be:
(a) 11:00 A.M. to 10:00 P.M., Sunday through Thursday; and
(b) 11:00 A.M. to 11:00 P.M., Friday, Saturday, and holidays.
14. No v~deo games or similar amusements shall be permitted on the premises.
15. 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.
16. A modification of the Conditional Use Permit shall be obtained when:
(a) The establishment proposes to change its type of liquor license.
(b) The establishment proposes to modify any of it's current conditions of
approval.
(c) There is a substantial change in the mode or character of operations of the
establishment.
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17. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit if any violation of the approved conditions occurs, any violation of the Code of
the City of Seal Beach, occurs, or {or those reasons specified by Article 28, and in the
manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach.
18. 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, subject to review and approval by
Resolution Number 'fC:z 3tJ
Diy Council Resolution No.
ConditioMl Use Permit 92-23 and
Variance 92-3
the Director of Development Services, which promotes minimal disturbance to nearby
residences.
19. In the event staff determines that security problems exist on the site, the conditions of
this permit may be amended, under the procedures of the Seal Beach Municipal Code,
to require the provision of additional security measures.
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20. The establishment shall have a public telephone listing.
21. It shall be the responsibility of the applicant/licensee to provide all employees that sell
or serve alcoholic beverages with the knowledge and skills that will enable them to
comply with their responsibilities under State law. The knowledge and skills deemed
necessary for respOnsible alcoholic beverage service shall include, but not be limited to
the following topics and skills development:
(a) State laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence,
hours of legal operations and penalties for violations of these laws.
(b) The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, or harm
themselves 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 for dealing with intoxicated customers and recogmzmg underage
customers. The following organizations have been identified by the State
Department of Alcoholic Beverage Control as providing training programs which
comply with the above criteria:
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1) Department of Alcoholic Beverage Control L.E.A.D. Program;
Telephone: (714) 558-6482
2) Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D.
or T.I.P.S. Program. Telephone: (714) 568-4187
22. The knowledge and skills deemed necessary for responsible alcoholic beverage service
as set forth hereinabove, shall include for on-premise licensed locations, but not be
limited to the following additional topics and skills development:
(a) Methods to appropriately pace customer drinking to reduce the risk that the
customer will not leave the premises in an intoxicated manner.
(b) Knowledge of mixology, including marketable alternatives to alcoholic beverages.
23. . Litter and trash receptacles shall be located at convenient locations inside and outside the I
establishment, and operators of such establishments shall remove trash and debris on an
appropriate basis so as not to cause a health problem. 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. and the rear trash enclosure shall remained closed and locked at all times when not
specifically in use and between the hours of 10:00 P.M. and 7:00 A.M.
24. 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
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Resolution Number ~~7f
Oly Counc;l Resolution No. _
ConditioMl Use Permit 92-23 and
Variance 92-3
retail related problems are demonstrated to occur as a result of criminal or antisocial
behavior, including but not limited to the congregation of minors, violence, public
drunkenness, vandalism, solicitation and/or litter.
25. All alcoholic beverages sold in conjunction with the on-premise licensed establishment
must be consumed entirely on the premises prior to closing time. The sale of alcoholic
beverages for consumption off the premises shall be prohibited. Consumption of alcoholic
beverages shall be prohibited in the establishment's parking area. There shall be
appropriate posting of signs both inside and outside the licensed premises indicating that
drinking outside the licensed premises is prohibited by law.
26. There shall be no live entertainment 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 the State of California
Department of Alcoholic Beverage Control.
27. The proposed facility shall comply with Chapter I3D, "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 noises generated by the facility, the
Planning Commission reserves the right to schedule the subject permit for reconsideration
and may require the applicant/operator to mitigate the noise level to comply with the
provisions of Chapter I3D.
28. Whenever the outdoor dining area is being utilized for the sale, service or consumption
of alcoholic beverages, a premise employee shall be in attendance and maintain
continuous supervision at all times to ensure the outdoor dining area does not create a
public nuisance contrary to public welfare and morals.
29. All alcoholic beverages served in the outdoor dining area must be served in glass
containers.
30. Interior remodeling and structural alteration shall be in substantial compliance with the
approved plans, and construction activity shall not commence until final building permits
have been obtained.
31. The applicant will prominently display these conditions of approval in a location within
the business's customer area, in one or more locations acceptable to the Director of
Development Services.
32. The Applicant shall indemnify, defend and save harmless City, its officers, agents and
employees from any and all claims and losses whatsoever occurring or resulting to any
and all persons, firms or corporations furnishing or supplying work, services, materials,
or supplies in connection with the performance of the use permitted hereby or the
exercise of the rights granted herein, any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use Permit,
and from any and all claims and losses occurring or resulting to any person, firm,
corporation or property for damage, injury or death arising out of or connected with the
performance of the use permitted hereby. Applicant's obligation to indemnify, defend
and save harmless the City as stated hereinabove shall include, but not be limited to,
paying all legal fees and costs incurred by legal counsel of the City's choice in
representing the City in connection with any such claims, losses, lawsuits or actions, and
any award of damages or attorneys fees in any such lawsuit or action.
****
Oly Counc;l Resolution No. _
Conditional Use PemJit 92-23 and
Variance 92-3
ATfACHMENf B, RESOLUTION NO. ~
MITIGATION MONITORING and REPORTING PROGRAM
NEGATIVE DECLARATION 93-3
CONDITIONAL USE PERMIT 92-23
(B J's CHICAGO PIZZERIA
209 MAIN STREET)
I.
Mitil!ation Measure: The Initial Study has identified that the project,
without conditions, would impacts on traffic and parking. The project has been
conditioned upon the applicant agreeing to contribute an amount specified in the
Development Agreement to mitigate traffic and parking impacts from the project. The
property owner shall agree to participate in such in-lieu parking program as has been or
shall be established by the City Council for the amount equal to twenty-three (23) spaces.
Any changes to the total parking requirement for the site shall cause the modification of
the rate of participation in the in-lieu program, subject to Planning Commission approval.
The applicant and/or property owner shall sign and record the in-lieu parking agreement
or an alternative document acceptable to the City prior to the issuance of any building
permits and/or business license. The applicant realizes that this is an interim agreement,
and a permanent agreement may result in further costs per space. A covenant shall be
recorded on the title of the property which stipulates that twenty-one (21) additional
parking spaces are required for the restaurant use of the property, pursuant to the ~
of the City of Seal Beach * 28-1304(4), and two (2) additional are required for the
second story office use of the property, pursuant to the Code of the City of Seal Beach
* 28-1203, for a total of twel~t1m; (23) parking spaces. (City Council Condition of
Approval #5, Resolution No. 2.3
Method of Verification: Return of properly executed and recorded in-lieu parking
participation agreement and covenant.
Timinl! of Verification: Upon return of properly executed and recorded in-lieu
parking participation agreement and covenant.
Resnonsible Person/Al!encv: City Attorney - Approval as to form of in-lieu
parking participation agreement form and covenant; Department of Development Services
- Director and/or Assistant Planner - verification of receipt of recorded in-lieu parking
participation agreement and covenant prior to issuance of any building permits and/or
business license.
2.
Mitil!ation Measure: AU requirements of the Orange County Health
Department and the Uniform Building Code shall~ ~ prior to occupancy. (City
Council Condition of Approval #6, Resolution No. ~
Method of Verification: Receipt of approved plans by Orange County Health
Department and from City contract plan check engineering firm.
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~esolution Number ~~
Timinl! of Verification: Upon return of properly approved plans by Orange County
Health Department and from City contract plan check engineering firm.
Resoonsible Person/ Al!encv: Department of Development Services - Building
Inspector - verification of approved plans prior to issuance of building permits.
3.
Mitil!ation Measure: All construction shall be in substantial compliance
with the plans approved through Variance 92-3 and CUP 92-23, identified as
"Attachment C, Conditional Use Permit 92-23 and Variance 92-3, Floor, Plot and
Elevation Plan. (City Council Condition of Approval #8, Resolution No. ~
Method of Verification: Review of approved plans by Department of Development
Services prior to acceptance for Plan Check review by City contract plan check
engineering firm.
....
Timinll of Verification:
Upon receipt of required plans from applicant.
Resoonsible Person/ Al!encv: Department of Development Services - Director
and/or Assistant Planner - verification of approved restaurant area prior to acceptance for
Plan Check review by City contract plan check engineering firm.
4.
Mitil!ation Measure: The rear of the building shall be posted as a no
parking/loading zone between the hours of 8:00 a.m. and 10:00 a.m. and shall be
'available for parking or loading at all other hours. The execution of this condition is
subject to the review and approval of the Director of Development Services. (City
Council Condition of Approval #9, Resolution NO.~~t)
Method of Verification: Visual inspection to verify provision of required signs prior
to final inspection and issuance of certificate of occupancy.
Timinl! of Verification:
occupancy.
Prior to final inspection and issuance of certificate of
Resoonsible Person/ Al!encv: Department of Development Services - Director
and/or Assistant Planner - verification of required signs prior to final inspection and
issuance of certificate of occupancy.
5. Mitil!ation Measure: In order to offset the lack of on-site landscaping, a
fee shall be paid to the City to purchase a maximum of six (6) street trees for the Main
Street area. Additionally, if deemed feasible by the City's Engineering Department, a
fee shall be paid to the City to cover the cost of purchasing and installing an additional
pedestrian bench on Main Street or other hardscape treatments to the sidewalk area
adjacent to the subject properly. Said fee shall not exceed $5,000 and shall be paid as
a $5,000 deposit prior to issuance of a certificate of occupancy. (City Council Condition
of Approval #10, Resolution No. ~
Method of Verification: Receipt of $5,000.00 deposit from applicant.
Timinl! of Verification:
occupancy.
Prior to final inspection and issuance of certificate of
Resoonsible Person/ Al!encv:
and/or Assistant Planner.
Department of Development Services - Director
~esolution Number 102.3-1
6.
Oly Counc;l Resolution No. _
Conditional Use Permit 92-23 and
Variance 92-3
Mitil!ation Measure: The applicant shall furnish the City a copy of his
ABC license and a copy of any conditions placed on the license by the Department of
Alcoholic Beverage Control. This shall be done as soon as the license is received by the
applicant from the State of California Department of Alcoholic Beverage Control.
Applicant shall comply with all restrictions placed on its license from the Department of
Alcoholic Beverage Control. (City Council Condition of Approval #12, Resolution No.
~
Method of Verification: Receipt of approved ABC license, with a copy of all
conditions placed on the license. Memo to CUP 92-23 file indicating date of receipt of
ABC license and conditions, with copy of license and conditions attached.
I
Timinl! of Verification: Upon receipt of approved ABC license, with a copy of all
conditions placed on the license.
Resoonsible Person/ Al!encv:
and/or Assistant Planner.
Department of Development Services - Director
7.
Mitil!ation Measure:
The hours of operation shall be:
(a) 11:00 A.M. to 10:00 P.M., Sunday through Thursday; and
(b) 11:00 A.M. to 11:00 P.M., Friday, Saturday, and holidays.
(City Council Condition of Approval #13, Resolution NO.~
Method of Verification: Field inspection.
I
Timinl! of Verification: Irregular basis, as determined by Police Department,
Department of Development Services, and Department of Alcoholic Beverage Control.
Resoonsible Person/ Al!encv: PoliceDepartment- Watch Commander; Department
of Development Services - Director and/or Assistant Planner; Department of Alcoholic
Beverage Control - Field Investigator.
8. Mitil!ation Measure: No video games or similar amusements shall be
~~~ on the premises. (City Council Condition of Approval #14, Resolution No.
Method of Verification: Field inspection.
Timinl! of Verification: Irregular basis, as determined by Police Department and the
Department of Development Services. .
Resoonsible Person/ Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and/or Assistant Planner.
9.
Mitieation Measure: 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. (City Council Condition of Approval #15,
Resolution No. ~
Method of Verification: Field inspection.
I
I
I
I
Resolution Number 4I.2it~
Oly Counc;l Resolution No. _
ConditioMl Use Permit 92-23 and
Variance 92-3
Timinl!: of Verification:
Development Services.
Irregular basis, as determined by the Department of
Resoonsible Person! Al!:encv:
and!or Assistant Planner.
Department of Development Services - Director
10. Mitil!:ation Measure: 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, subject
to review and approval by the Director of Development Services, which promotes
minimal disturb~J:~~, nearby residences. (City Council Condition of Approval #18,
Resolution No. ~
Method of Verification: Planning Department review of required plans and field
inspection, prior to project completion.
Timinl!: of Verification:
project completion.
Upon completion of required lighting installation, prior to
Resoonsible Person! Al!:encv:
Inspector.
Department of Development Services - Building
11. Mitil!:ation Measure: Litter and trash receptacles shall be located at
convenient locations inside and outside the establishment, and operators of such
establishments shall remove trash and debris on an appropriate basis so as not to cause
a health problem. 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. and the rear trash
enclosure shall remained closed and locked at all times when not specifically in use and
between the hours Of~~.M. and 7:00 A.M. (City Council Condition of Approval
#23, Resolution No.
Method of Verification: Field inspection.
Timinl!: of Verification: Irregular basis, as determined by the Department of
Development Services.
Resoonsible Person! Al!:encv:
and!or Assistant Planner.
Department of Development Services - Director
12. Mitil!:ation Measure: All alcoholic beverages sold in conjunction with the
on-premise licensed establishment must be consumed entirely on the premises prior to
closing time. The sale of alcoholic beverages for consumption off the premises shall be
prohibited. Consumption of alcoholic beverages shall be prohibited in the establishment's
parking area. There shall be appropriate posting of signs both inside and outside the
licensed premises indicating that drinking outside the licensed pr~~s prohibited by
law. (City Council Condition of Approval #25, Resolution No. 'c2!J
Method of Verification: Field inspection.
Timinl!: of Verification: Irregular basis, as determined by the Department of
Alcoholic Beverage Control and the Department of Developme:lt Services.
Resolution Number ~.2~
QIy Council Resolution No. _
ConditioMl Use Permit 92-23 and
Variance 92-3
Resoonsible Person! Al!encv: Department of Alcoholic Beverage Control - Field
Investigator; Department of Development Services - Director and!or Assistant Planner.
13. Mitil!ation Measure: The proposed facility shall comply with Chapter
13D, "Noise Control", of the Code of the City of Seal Beach as the regulations of that I
Chapter now exist or may hereafter be amended. Should complaints be received
regarding noises generated by the facility, the Planning Commission reserves the right
to schedule the subject permit for reconsideration and may require the applicant/operator
to mitigate the noise level to comply with th~1~ons of Chapter 13D. (City Council
Condition of Approval #27, Resolution No. ~"
Method of Verification: Field inspection.
Timinl! of Verification: Irregular basis, as determined by Police Department and the
Department of Development Services.
Resoonsible Person! Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and!or Assistant Planner.
14. Mitieation Measure: Whenever the outdoor dining area is being utilized
for the sale, service or consumption of alcoholic beverages, a premise employee shall be
in attendance and maintain continuous supervision at all times to ensure the outdoor
dining area does not create a public nuisance contrary ~;i~ welfare and morals. (City
Council Condition of Approval #28, Resolution No.
Method of Verification: Field Inspection. 1
Timinl! of Verification: Irregular basis, as determined by Police Department and the
Department of Development Services.
Resoonsible Person! Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and!or Assistant Planner.
15. Mitil!ation Measure: All alcoholic beverages served in the outdoor dining
area must be se.l~l.~ glass containers. (City Council Condition of Approval #29,
Resolution No. ~
Method of Verification: Field Inspection.
Timinl! of Verification: Irregular basis, as determined by Police Department and the
Department of Development Services.
Resoonsible Person' Al!encv: Police Department - Watch Commander; Department
of Development Services - Director and!or Assistant Planner.
16. Mitil!ation Measure: Interior remodeling and structural alteration shall be
in substantial compliance with the approved plans, and construction activity shall not
commence until final building ~~)have been obtained. (City Council Condition of
Approval #30, Resolution No.
I,
Resolution Number #-~
Oly Council Resolution No. _
ConditioMl Use Permit 92-23 ond
Vorialll:e 92-3
Method of Verification: Verification of substantial compliance of construction plans
to approved plans by Department of Development Services prior to submission by City
for Plan Check review by City contract plan check engineering firm.
Timinl! of Verification:
Upon receipt of required plans from applicant.
I
Resnonsible Person! Al!encv: Department of Development Services - Director
and!or Assistant Planner - verification of substantial compliance of construction plans to
approved plans prior to submission by City for Plan Check review by City contract plan
check engineering firm.
****
I
I
Resolution Number ';I;<3.Cj
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv in the City of SWll
Beach, County of Orange and which
newsPllPer has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2124f75. Case Number A82583;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
folio ing dates, to-wit:
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
, .
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
NOTICE OF PUBLIC HEARING
I
...................................................... ..
........................................................ ..
NOTICE OF The :..
PUBLIC HEARING ;11I1o~~"::~
NOTICE IS HEREBY GIVEN 11I., 011110 ."'"dng llIuclll.. IIIacated
1110 CI1r Council 011110 Clly 01 :> on rh. pro_ Hna, IHVlng Ill.
s.al Be.ch will hold . public I F - ollila 1lruc1U.. .1 rh. only
. fIeaIinD on MancIIy, May 24. 1183 I"'~ Bv_"abl. for landacaPlng.
at 7:00 p.m. In Cnr Council . Pnni~ 01'" requhchmounl oi
Chambers, 211 Bghth SIr8et. Seal landlcaplnO a. the r..r of the
1IaacIl, CalIfornia, .. _or ilia '(-2) _~ .., raquira 1110 Iou .,...
-.gnom: _N~ ~ or lie _'Oll
~USE PERIIITI2-
23
VARIANCE 11-I
_IIAIN STREET
APPEAL OF PLANNING
COIIIIISSIOII DENIAL OF
APPLlCATIa.I
iIImIuI.
Appeal of" Planning Commission
denlal of .ppllcatJonl tor
Condltfonallllo ParmlI g2-23 and
V.rl!'"ca 82-3, Spaclf1cllly, rh.
.ppbcant 10 _ling ~ 0/
CUP 82-23 . A po'mll 10 1.11
alcoholic bev.rag.. for on.
pramll.1 _mpllon (_ and
"ne anly) and to p.rform a
..Iamlc retrofit to a locally
-,",,"'-Icllluclll".,2lIll
Main 51'..1 (BJ'I Chlca.o
PIzzaria) .
E~,,'_,
A ~va Dac:IariWiin hu boon
prepared and II on file at the
Deparrment Dr Developmenl
Servicel, CIt)' Hall, 2t 1 Eighth
Slraol, SaalIIaacIl, '
r.ftM ~.. ' '
28-'300 Ibrough 28-1304' 28.
2403,' : 28-'2500 IIwough 211-250.
ArmlleSlnllArblllblnt'
8.11 SoaIIlaacII, L,P.
lliIDI!;
BICHSEL
I
At the 'abC!V8 time and place all
,n_1Id par.... may be haard II
10 delired. If you challenge the
_1ICIiono In...... you may
be limited to raieing only thos.
Illuel you Dr lomeone elled
ral.ed It the p",bllc rieanng
VARIANCE 124 - To VW)' fram Ihe deJ~(Ibed 1Ft !till notice, or in
mmmordal parIdng _Iraman.., '"!Itton _raiopondanca cIohvared
loading zone requlremeritl and . the 0'" of Seal D__.....
"ndlcaplng requirementl In ID, die ~IC he8n:;-'" ..e, pnor
conlunction with the re-
-1oI1mant 01. -_I In . DAlEDrt,05I11c1o,oIMay,'9D3
Ioc.lly tacOgnlz.d hlllotlc Joanna Vea, City Clerk
-, (:j!yo/SoaIIlaacII
The lubjecr Irructure .al last; May 13, 1_
_uplacf by . _lauranlln July Publ_,n 1110 SoaIIlaacII Sun
' 'BD.. _ "-. and..- '
rh'~ (3) or .... _n!y.II. (28)
--p&IfcIng-""
1Ie...- _I... and
-11IIfy--,
Duo 10 ilia -..,.._
on the lubject properly, e'lhe;
three (3) parking lpace. Dr a
laeding area can be provided on
.. _ny, bl8not bo"'-
I