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HomeMy WebLinkAboutPC Res 19-13 - 2019-08-05RESOLUTION NO. 19-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 19-5 TO ALLOW AN INTERIOR REMODEL TO AN EXISTING BANQUETTE FACILITY TO MODIFY THE DINING AREAS, REDUCE THE SIZE OF AN EXISTING BAR AND CREATE AN ADDITIONAL BAR WITHIN THE FACILITY AT THE OLD RANCH COUNTRY CLUB AT 3901 LAMPSON AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Frank Herrera ("the applicant') on behalf of Old Ranch Country Club ("the owner") submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 19-5 to allow an interior remodel to an existing banquet facility to reduce the size of an existing bar and create an additional bar within the facility at an existing country club/ golf course at 3901 Lampson Avenue (the "subject property"), which is located in the Recreation/ Golf (RG) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior remodel at an existing banquet facility where only minor modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on August 5, 2019 to consider the application for CUP 19-5. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site is four irregularly shaped parcels totaling 154.19 acres located on the north side of Lampson Avenue east of Seal Beach Boulevard within the RG (Recreation/ Golf) zoning area. The parcel is currently developed with a golf course, driving range, pro -retail shop and country club with banquette facility. The subject site is surrounded by residential uses on the east and west sides, commercial on the north, east and west and the Los Alamitos Joint Forces Training Base to the north and the 1-405 freeway to the south. B. The proposed interior remodel to an existing banquet facility to modify the dining areas, reduce the size of an existing bar and create an additional bar does not require any modifications to the exterior of existing building, but the applicant is redesigning a portion of the parking area to create 11 new parking spaces and modifying the front entry by addition of a code -compliant ramp to comply with code requirements. The applicant is maintaining the footprint of the existing structure with no additional square footage proposed. Section 4. Based upon the facts contained in the record, including those stated in the preceding Sections of this Resolution, and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed interior remodel to an existing banquet facility to modify the dining areas, reduce the size of an existing bar and create an additional bar is consistent with Page 1 of 6 Res0lution No. 19-13 3901 Lampson Avenue the General Plan. The General Plan specifies that the Recreation/ Golf use designation indicates that although the Old Ranch Golf Course is private with public driving ranges it is recognized that it provides valuable open space and a recreation resource for the community. The redesign of the interior space should provide a broad range of service needs for the community. The golf course and country club with an alcohol license and dining amenities has been found to be consistent with the General Plan and operated on the site for several years. With the continued use of the existing structure as a country club with additional dining options can offer its customers a wider range of dining experiences. B. The proposed use complies with applicable provisions of the Municipal Code. The Municipal Code allows for the interior remodel to an existing banquet facility to modify dining areas, reduce the size of an existing bar and create an additional bar with approval of a Conditional Use Permit. The existing country club will continue to operate in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed use. The country club with the interior remodel to an existing banquet facility to modify the dining areas, reduce the size of an existing bar and create an additional bar does not require alterations to the exterior of the building and no additional parking is required, but the applicant is redesigning a portion of the parking area to create 11 new parking spaces and modifying the front entry to comply with code requirements. The applicant is maintaining the footprint of the existing structure with no additional square footage proposed. The subject site is considered in compliance with all parking requirements because the site is not expanding and the current footprint will not expand. D. The location, size, design, and operating characteristics of the existing golf course and country club will not change and would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The existing building complies with the height, setback and parking requirements of the Seal Beach Municipal Code and Public Uses land Use designation. Conditions have been imposed to ensure the proper service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The hours of operation of the country club and golf course is 6 AM to 2 AM 7 days a week and the hours that alcohol can be served will continue to be from 10 AM to 2 AM 7 days a week as originally approved in CUP 92-14. E. The establishment, maintenance, and operation of the existing Type 57 (On -Sale service of general alcohol to members of a private club) alcohol license would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed upgrades and renovations of the facility will not require major modifications to the site and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. F. The subject site is a small part of the entire located which is a golf course and the country club is where the renovations will take place. The subject site is over 500 feet from the nearest residential property, the parking area for the country club is over 250 feet from residential property. The subject site has operated with an alcohol license since 1966. The applicant will be required to comply with all conditions placed on the prior business. G. The noise levels generated by the operation of the site would not exceed the level of background noise normally found in the area as there will be normal conversations while dining. In the event that complaints are received in the future, the Planning Commission reserves the right to reconsider the operation of the business and the conditions of approval. Page 2 of 6 Resolution No. 19-13 3901 Lampson Avenue Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 19-5 to permit an interior remodel to an existing banquet facility to modify the dining areas, reduce the size of an existing bar and create an additional bar within an existing country club, at 3901 Lampson Avenue, subject to the following conditions. Conditional Use Permit 19-5 is approved to permit an interior remodel to an existing banquet facility to modify the dining areas, reduce the size of an existing bar and create an additional bar at an existing country club at 3901 Lampson Avenue. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. In connection with the City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code §2300 to §2600, including but not limited to Rule 61.3(a) and 61.4. 3. The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 4. The premises of the restaurant must remain in, and be operated in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department. 5. The hours of operation shall be limited to 6:00 AM to 2:00 AM seven days a week and the hours for the service of alcoholic beverages is limited to 10:00 AM to 2:00 AM seven days a week. No video games or similar amusements shall be permitted on the premises 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. 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 limited to the following topics and skills development: o State Law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. 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. Page 3 of 6 Resolution No. 19-13 3901 Lampson Avenue o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing under age customers. 10. The following organizations provide training programs, which comply with the above criteria: o Department of Alcoholic Beverage Control License Education on Alcohol & Drugs (LEAD) Training (714) 558-4101 or Lead infona.abc.ca.gov o Orange County Health Care Agency Alcohol & drug Education Prevention Team (ADEPT) Serving Alcohol Responsibly (BARCODE) (714) 834-2860 11. Deliveries to the premises are prohibited between 10:00 PM and 7:00 AM. 12. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10:00 PM. and 7:00 AM. 13. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 14. Any proposed alterations or upgrades to the restaurant including, without limitation, construction of interior tenant improvements, will require review and approval from the City of Seal Beach Planning Division. Other City approvals may be required depending on the extent of the proposed alterations and upgrades. 15. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to change its permitted hours of operation. C. The establishment proposes to modify any of its current Conditions of Approval. d. There is a substantial change in the mode or character of operations of the establishment. 16. 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. Page 4 of 6 Resolution No. 19-13 3901 Lampson Avenue 17. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, harm or operational problems such as criminal or anti -social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. 18. The establishment shall have a public telephone listing. 19. Litter and trash receptacles shall be located at convenient locations inside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 20. All alcoholic beverages sold in conjunction with the on -premises licensed establishment must be consumed entirely on the premises prior to closing time. No alcoholic beverage shall be consumed on the beach. In no circumstance shall any alcohol be passed from patrons on the patio area to people on the beach. 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. 21. An attendant will be located in the outdoor dining and seating area during business hours when customers are occupying the area. 22. The restaurant must be maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 23. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 24. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 25. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 26. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 27. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 28. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 29. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. Page 5 of 6 Resolution No. 19-13 3901 Lampson Avenue 30. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, 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, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on August 5, 2019, by the following vote: AYES: Commissioners Miller, Aguilar, Thomas NOES: Commissioners ABSENT: Commissioners Campbell, Klinger ABSTAIN: Commissioners Robert Aguilar ATTEST: Vice Chair SteVe— r Planning Commission Secretary Page 6 of 6