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HomeMy WebLinkAboutAgenda Packet_02182020CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Tuesday,February 18,2020 —7:00 PM City Council Chambers 211 Eighth Street Seal Beach,CA 90740 District 1 —Steve Miller –Vice Chair District 2 —Ronde Winkler District 3 —Michael Thomas District 4 —Patty Campbell District 5 —Mariann Klinger –Chair Department of Community Development Les Johnson,Community Development Director Steve Fowler,Senior Planner Marco Cuevas Jr.,Assistant Planner Amy Greyson,Assistant City Attorney •City Hall office hours are 8:00 a.m.to 5:00 p.m.Monday through Friday.Closed noon to 1:00 p.m. •The City of Seal Beach complies with the Americans with Disabilities Act.If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562)431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD.Telephone:(562)596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at:http://sealbeachca.suiteonemedia.com/web/home.aspx PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL:The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS:Anyone wishing to address the Planning Commission on tonight's agenda may do so during this time period.The Planning Commission may also allow the public to address any other matters within the subject matter jurisdiction of the Planning Commission.No action can be taken by the Planning Commission on these communications on this date,unless agendized. CONSENT CALENDAR:Consent Calendar items are considered routine items that normally do not require separate consideration.The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. DIRECTOR'S REPORT:Updates and reports from the Director of Community Development (Planning and Building Divisions)are presented for information to the Planning Commission and the public. COMMISSION CONCERNS:Items of concern are presented by the Planning Commissioners and discussed with staff. SCHEDULED MATTERS:These items are considered by the Planning Commission separately and require separate motions.These transactions are considered administrative and public testimony is not heard. PUBLIC HEARING ITEMS:Public Hearings allow citizens the opportunity to speak in favor of or against agendized items.More detailed information is found in the actual agenda attached.If you have documents to distribute,you should have enough copies for all Planning Commissioners,City staff,and the public.Please give one to the secretary for the City files.The documents become part of the public record and will not be returned. All proceedings are recorded. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda,re-arrange the order of the agenda,and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission.Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law.Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record.All speakers will be limited to a period of 5 minutes. CONSENT CALENDAR A.Approval of the December 2,2019 Minutes B.Approval of the February 3,2020 Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS C.Conditional Use Permit (CUP 19-8) 15 1st Street Applicant:Tom Rowe Request:Request for a Conditional Use Permit (CUP 19-8)to allow a modified floor plan and elevations for a proposed restaurant with an outdoor eating area and an existing Type 47 (On-Sale General)alcohol license and increased operating hours (7 a.m.to 10 p.m.)7 days a week.The restaurant is located within the Beach (BEA) zoning area Recommendation:After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No.20-2,APPROVING Conditional Use Permit 19-8 with Conditions. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday,March 2,2020 at 7:00 p.m. 5 4 8 PLANNING COMMISSION STAFF REPORT DATE:February 18, 2020 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Steve Fowler, Interim Community Development Director SUBJECT:Approval of the December 2, 2019 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on December 2, 2019 Prepared by: Approved by: Gloria D. Harper Steve Fowler Gloria D. Harper Steve Fowler City Clerk Interim Director of Community Development Attachment: 1. December 2, 2019 Minutes City of Seal Beach – Planning Commission December 2, 2019 Chair Campbell called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Commissioner Thomas led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Aguilar, Miller, Thomas Absent: Klinger Staff Present: Isra Shah, Assistant City Attorney Steven Fowler, Interim Community Development Director Marco Cuevas, Assistant Planner Gloria D. Harper, City Clerk APPROVAL OF AGENDA Motion by Thomas, second by Aguilar, to approve Agenda. AYES: Aguilar, Campbell, Miller, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried Motion by Thomas, second by Aguilar, to excuse the absence of Commissioner Klinger. AYES: Aguilar, Miller, Thomas, Campbell NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Campbell opened oral communications. Speakers: There were no speakers. Chair Campbell closed oral communications. CONSENT CALENDAR A. Approval of October 21, 2019 Minutes Motion by Thomas, second by Miller to approve the October 21, 2019 Minutes. AYES: Campbell, Aguilar, Miller, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried NEW BUSINESS B. MINOR USE PERMIT (MUP 19-8) 421 Jade Cove Way Applicant: German Melgar/The Jade Cove Trust Request: Request for a MINOR USE PERMIT (MUP 19-8) to allow for an interior and exterior remodel to an existing two-story single-family residence that is nonconforming due to lot coverage within the Residential Low Density (RLD-9) Zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-18, APPROVING Minor Use Permit 19-8 with conditions. Assistant Planner Cuevas, Jr. provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Campbell opened the public hearing. Speakers: Christine Veriga, Joseph Biscan, and German Melgar. Chair Campbell closed the public hearing. Motion by Aguilar, second by Miller to approve the adoption of Resolution No. 19-18, APPROVING Minor Use Permit 19-8 with conditions. AYES: Campbell, Aguilar, Miller, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried Assistant City Attorney Isra Shah noted that the ten-day appeal period starts tomorrow. C. MINOR USE PERMIT (MUP 19-7) 12410 Seal Beach Boulevard Suite “E” Applicant: John Sanchez for Financial Partners Credit Union Request: Request for a MINOR USE PERMIT (MUP 19-7) to allow the operation of a 24-hour Automated Teller Machine (ATM) in conjunction with a financial institution within the General Commercial (GC) Zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-17, APPROVING Minor Use Permit 19-7 with conditions. Assistant Planner Cuevas, Jr. provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Campbell opened the public hearing. Speakers: There were no speakers. Chair Campbell closed the public hearing. Questions and discussion from Chair Campbell, Vice Chair Aguilar, and Commissioners Thomas and Miller were answered by Interim Community Development Director Fowler and Assistant Planner Cuevas Jr. Motion by Aguilar, second by Miller to approve the adoption of Resolution No. 19-17, APPROVING Minor Use Permit 19-7 with conditions. AYES: Miller, Thomas NOES: Campbell, Aguilar ABSENT: Klinger ABSTAIN: None Motion Failed Motion by Aguilar, second by Miller to approve the adoption of Resolution No. 19-17, APPROVING Minor Use Permit 19-7 with conditions. The Planning Commission also requested an additional condition to include a written Security Plan approved by Community Development Staff and Seal Beach Police Department. AYES: Campbell, Aguilar, Miller, Thomas NOES: None ABSENT: Klinger ABSTAIN: None Motion Carried Assistant City Attorney Isra Shah noted that the ten-day appeal period starts tomorrow. PUBLIC HEARINGS There was no public hearings DIRECTOR’S REPORT Interim Community Development Director Fowler wished everyone Happy Holidays. COMMISSION CONCERNS Commissioner Campbell and Aguilar wished everyone Merry Christmas and Happy Holidays. ADJOURNMENT Chair Campbell adjourned the Planning Commission meeting at 7:48 p.m. to Monday, December 16, 2019 at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Patricia Campbell, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 5 4 8 PLANNING COMMISSION STAFF REPORT DATE:February 18, 2020 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Les Johnson, Community Development Director SUBJECT:Approval of the February 3, 2020 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on February 3, 2020 Prepared by: Approved by: Gloria D. Harper Les Johnson Gloria D. Harper Les Johnson City Clerk Director of Community Development Attachment: 1. February 3, 2020 Minutes City of Seal Beach – Planning Commission February 3, 2020 Chair Campbell called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Commissioner Klinger led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Klinger, Miller, Thomas Absent: None Staff Present: Isra Shah, Assistant City Attorney Les Johnson, Community Development Director Steven Fowler, Senior Planner Marco Cuevas, Jr., Assistant Planner Gloria D. Harper, City Clerk APPROVAL OF AGENDA Motion by Thomas, second by Aguilar, to approve Agenda. AYES: Klinger, Campbell, Miller, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Campbell opened oral communications. Speakers: There were no speakers. Chair Campbell closed oral communications. CONSENT CALENDAR - None CONTINUED ITEMS - None SCHEDULED MATTERS A. Reorganization of Planning Commission – Election of new Chairperson and Vice Chairperson City Clerk Harper opened the nominations for Chairperson. Chair Campbell nominated Commissioner Klinger as Chairperson. City Clerk Harper closed the nominations. Motion by Campbell, second by Thomas to approve Commissioner Klinger as Chairperson. AYES: Campbell, Klinger, Miller, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried City Clerk Harper called for nominations for Vice Chairperson. Commissioner Thomas nominated Commissioner Miller as Vice Chairperson. City Clerk Harper closed the nominations for Vice Chairperson. Motion by Commissioner Klinger, second by Thomas to approve Commissioner Miller as Vice Chairperson. AYES: Campbell, Klinger, Miller, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Chair Klinger resided over the remainder of the meeting. Commissioner Thomas recused himself from the meeting. NEW BUSINESS Conditional Use Permit (CUP 19-9) 1101 Pacific Coast Highway Applicant: Christina Meza c/o Albertsons/Vons/Pavillions Request: Request for a Conditional Use Permit (CUP 19-9) to allow a type 86 Alcoholic Beverage Control (ABC) license for the on-site tasting of beer, wine and distilled spirits at the Pavilion’s super market within the Seal Beach Center in the Service Commercial (SC) zoning area. Recommendation: After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 20-01, DENYING Conditional Use Permit 19-9. Assistant Planner Cuevas, Jr. provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Klinger opened the public hearing. Speakers: Michael Le, Christine Meza, and Ann Harmon. Chair Klinger closed the public hearing. Motion by Campbell, second by Klinger to adopt Resolution No. 20-01 DENYING Conditional Use Permit 19-9. AYES: Campbell, Klinger NOES: Miller ABSENT: None ABSTAIN: Thomas Motion Carried Assistant City Attorney Isra Shah noted that the ten-day appeal period starts tomorrow. Questions and discussion from Commissioner Campbell, Chair Klinger, and Vice Chair Miller were answered by Christine Meza c/o Albertsons/Vons/Pavillions, Michael Le and Assistant Planner Cuevas, Jr. PUBLIC HEARINGS There were no public hearings DIRECTOR’S REPORT There was no Director’s report. COMMISSION CONCERNS There were no commission concerns. ADJOURNMENT Chair Klinger adjourned the Planning Commission meeting at 7:25 p.m. to Tuesday, February 18, 2020 at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Mariann Klinger, Chair Attest: ____________________________ Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE:February 18, 2020 TO:Planning Commission THRU:Les Johnson, Community Development Director FROM:Steve Fowler, Senior Planner SUBJECT:Request for a Conditional Use Permit (CUP 19-8) to allow a modified floor plan and elevations for a proposed restaurant with a previously approved outdoor eating area, Type 47 (On-Sale General) alcohol license and extended operating hours (7 a.m. to 10 p.m.) seven days a week. The restaurant is located within the Beach (BEA) zoning area. LOCATION:15 1st Street APPLICANT:Beach House LLC RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 20-2, APPROVING Conditional Use Permit 19-8 with Conditions; and rescinding and superseding Resolution No. 19-7 (CUP 19-4), at 15 1st Street. GENERAL PLAN DESIGNATION: BEACH ZONE:BEACH (BEA) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER:043-171-02 LOT AREA: 8,217 SQ. FT. GROSS FLOOR AREA: 3,287 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-20) SOUTH: BEACH (BEA) EAST: RESIDENTIAL LOW DENSITY (RLD-9) WEST: BEACH (BEA) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of service of general alcohol at an existing restaurant, involving negligible or no expansion beyond the existing use. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on February 6, 2020 and mailed to property owners and occupants within a 500’ radius of the subject property on February 6, 2020, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: BACKGROUND The City of Seal Beach owns the restaurant building located at 15 First Street, and has leased it to the applicant since 2018 to operate a restaurant. Previously, on October 28, 2002, the City Council approved Conditional Use Permit 01-9 to serve beer and wine in conjunction with a restaurant containing approximately 868 square feet inside the building with a 1,897 square-foot outdoor patio area and a 522 square-foot covered patio area, at 15 1st Street. The Planning Commission on October 22 2003 approved Resolution 03-46 for the indefinite extension of Conditional Use Permit 01-9. Pursuant to CUP 01-9, the approved hours of operation were established as 9 a.m. to 8 p.m., seven days a week. On August 6, 2008, the Planning Commission approved Resolution 08-16 for Conditional Use Permit 08-5 to extend the evening business hours to 10 p.m., seven days a week. The Planning Commission on February 4, 2009 approved Resolution 09-3 for the indefinite extension of CUP 08-5, the continuation of daily hours from 9 a.m. to 10 p.m., and to allow non-amplified live entertainment at the former River’s End Café located at 15 First Street. In February 2018, the current tenant leased the restaurant from the City. On July 1, 2019, the Planning Commission approved Resolution 19-7 for Conditional Use Permit 19-4 to extend the morning hours of operation from 9:00 a.m. to 7:00 a.m., and to upgrade the Alcoholic Beverage Control (ABC) License from a Type 41 (On-Sale Beer and Wine) alcohol license to a Type 47 (On-Sale General) alcohol license. Condition No. 4 of Resolution No. 19-7 states, “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 date stamped February 2019, and the terms of the lease agreement between the City and the applicants. No modification to the exterior of the structure is permitted by that approval.” ANALYSIS The restaurant building is still owned by the City of Seal Beach. The tenant has now submitted an application for Conditional Use Permit 19-8 to modify the previously approved plans, in order to enhance the elevations of the existing restaurant. The applicant is not proposing any change to the existing Type 47 (On-Sale General) alcohol license, or any change in the previously approved operating hours of 7 a.m. to 10 p.m., seven days a week. The applicant is also not proposing any change to the size of the restaurant approved by CUP 19-4, which will still operate in its current dimensions of approximately 868 square feet of interior area, 1,897 square feet outdoor patio area, and 522 square feet of covered patio. The proposed revisions to the elevations include elimination of some windows on the west side with a tower element and parapet walls added to screen roof top equipment. The property is surrounded to the south, east and west by the beach, a parking lot and newly developed park to the north and residential uses to the north east. The Seal Beach Municipal Code Section 11.4.05.015 requires each alcoholic beverage establishment to obtain approval of a CUP prior to issuance of an Alcoholic Beverage Control (ABC) License from the State of California. In accordance with this ordinance, no change is proposed to the previous conditions of approval relating to service of alcoholic beverages, and those conditions are incorporated into the conditions of approval for CUP 19-8. On-site alcohol consumption will still be restricted to the restaurant and outdoor dining area only. The prior conditions relating to alcoholic beverages are also incorporated into CUP 19-8, to ensure the proper service of alcohol to patrons in the restaurant in compliance with City Council Policy 600- 1 (Standard Conditions for Alcohol Related Land Uses). The proposed use continues to be in compliance with the General Plan Beach Land Uses definition that encourages commercial areas to provide a broad range of retail and service needs for the community. The tenant/applicant is seeking to enhance the building elevations and assure conformance with previously approved CUP 19-4. The restaurant use, with its modified plans, is allowed subject to the Commission’s approval of the CUP application. The subject building is physically adequate for the use, as a restaurant has operated on the site for many years. The proposed modified elevations are compatible with the existing uses in the area, again because the subject site has operated as a restaurant with an alcohol license since 2003. CUP 19-8 does not modify the footprint of the existing building, or the existing hours of operation of 7:00 a.m. to 10:00 p.m. seven days a week, and a restaurant use serving beer, wine and distilled spirits was previously determined to be compatible with neighboring uses and the use enhances beach and park users’ experiences. The enhanced elevations incorporate have conditions incorporated to help ensure that the use and proposed building will be compatible with the surrounding uses. All conditions previously imposed on CUP 19-4 have been incorporated into the new CUP 19-8. except as amended to authorize the modified elevations and plan, and to add a new condition (Condition No. 8) to protect nearby residential uses from building sign and lighting glare. The proposed elevation enhancements will not result in any intensification or modification of the restaurant use or its impacts. The City has made a substantial upgrade to the facility in recent months, including replacing the roof, and substructure as necessary, installing a new grease trap, upgrading the electrical service and moving the existing trash enclosure to a better location in the City’s 1st Street facility. The applicant is required to maintain the footprint of the existing restaurant with interior tenant improvements to establish a functional work area and to establish the branding décor of the restaurant. CONCLUSION After conducting the public hearing and receiving public testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 20-2 to approve CUP 19-8 to allow a modified floor plan and elevations for a proposed restaurant with an existing outdoor eating area, existing Type 47 (On-Sale General) alcohol license and extended operating hours (7 a.m. to 10 p.m.) seven days a week within the Beach (BEA) zoning area. Because the current CUP proposal incorporates updated Conditions of Approval, including the conditions previously approved in 2019 for the restaurant, as modified to incorporate the updated elevations and plan and the additional condition regarding glare, proposed Resolution No. 20-2 will also rescind and supersede prior Resolution No. 19-7 regarding CUP 19-4, which shall have no further force and effect. Prepared by: __ Steve Fowler______________ ___ Les Johnson_____________ Steve Fowler Les Johnson Community Development Department Community Development Director Attachments:2 1. Resolution No. 20-2 – A Resolution of the Planning Commission of the City of Seal Beach Approving Conditional Use Permit 19-8 to allow a modified floor plan and elevations for a proposed restaurant with an existing outdoor eating area, existing Type 47 (On-Sale General) alcohol license, and extended operating hours (7 a.m. to 10 p.m.) seven days a week; with Conditions of Approval; and rescinding and superseding Resolution No. 19-7 and CUP 19-4, at 15 1st Street in the Beach (BEA) zoning area. 2.Floor Plan and Site Plan. RESOLUTION NO. 20-2 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 19-8 TO ALLOW A MODIFIED FLOOR PLAN AND ELEVATIONS FOR A PROPOSED RESTAURANT WITH AN EXISTING OUTDOOR EATING AREA, EXISTING TYPE 47 (ON-SALE GENERAL) ALCOHOL LICENSE AND EXPANDED OPERATING HOURS FROM 7:00 A.M. TO 10:00 P.M. SEVEN DAYS A WEEK; WITH CONDITIONS OF APPROVAL; AND RESCINDING AND SUPERSEDING RESOLUTION NO. 19-7 AND CUP 19-4, AT 15 1st STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Beach House LLC submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 19-8 19-8 to allow a modified floor plan and elevations for a proposed restaurant with an existing outdoor eating area, existing Type 47 (On-Sale General) alcohol license and approved operating hours extending from 7:00 a.m. to 10:00 p.m. seven days a week, at an existing restaurant with an outdoor eating area at 15 1st Street (the “subject property”), which is located in the Beach (BEA) zoning area. Section 2. This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of service of general alcohol at an existing restaurant, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on February 18, 2020 to consider the application for CUP 19-8. 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 adjacent to the beach in the 1st Street parking area. The subject site consists of a 2,937 square-feet (0.06 acre) parcel with an existing restaurant use of approximately 868 square feet of interior area with a 1,897 square feet outdoor patio area and a 522 square feet covered patio area. The subject site is surrounded to the south, east and west by the beach, a parking lot and newly developed park to the north and residential uses to the north east. The subject property is located in the Beach (BEA) zoning area. The City of Seal Beach owns the property and has leased the existing restaurant to the applicants. B. The City previously approved Conditional Use Permit (CUP) 19-4, pursuant to Resolution No. 19-7, for the restaurant use, including permitting the upgrade of the Type 41 (beer and wine) alcohol license to a Type 47 (On-Sale General) alcohol Resolution No. 20-2 15 1st Street Page 2 of 7 license to allow beer, wine and distilled spirits in conjunction with a restaurant and outdoor dining along with expanded operating hours of 7:00 a.m. to 10:00 p.m. seven days a week, at the subject site. Condition No. 4 of CUP 19-4 required that the restaurant comply with the plans on file with and date-stamped February 2019. C. The proposed modified elevations and floor plan of the restaurant with the existing Type 47 (On-Sale General) alcohol license for beer, wine and distilled spirits will maintain the footprint of the existing restaurant structure. The tenant improvements, as modified by this application, will help with the screening of proposed roof top equipment and establish the branding and décor of the restaurant. No changes are proposed or will be made to the current dimensions of the existing restaurant use of approximately 868 square feet of interior area, a 1,897 square-foot outdoor patio area and a 522 square-foot covered patio area. 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 modification to the building elevations and floor plan, in conjunction with the previously approved Type 47 (On-Sale General) alcohol license in conjunction with a bona fide eating establishment and expanded operating hours, is consistent with the General Plan. The General Plan specifies that the Public Use or Beach Land Use designation indicates that the beachfront is more of a regional recreation attraction and thus should provide a broad range of service needs for the community. A restaurant with a beer and wine license has previously been found to be consistent with the General Plan and operated on the site for several years previously. With the continued use of the existing structure as a restaurant with an outdoor dining area along with the Type 47 alcohol license allowing service of beer, wine and distilled spirits, the restaurant can continue to offer its customers a wider range of beverages to compliment the food items on the menu. The previously-approved extended morning hours will offer the services to more visitors, but new impacts to neighboring properties are expected to be minimal because the permitted evening hours of operation will be the same as currently permitted. B. The proposed use complies with applicable provisions of the Municipal Code. The Municipal Code allows for a Type 47 (On-Sale General) alcohol license at a bona fide eating establishment with approval of a Conditional Use Permit that is in compliance with the approved site plan, floor plan, and elevations. The proposed restaurant will be operated in compliance with all other applicable provisions of the Municipal Code and the existing lease for the restaurant. C. The subject site is physically adequate for the proposed use. The restaurant with the enhanced elevations does not require additional parking. 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 proposed restaurant with the proposed elevation enhancements, in combination with the previously approved Type 47 alcohol license and extended operating hours, would be Resolution No. 20-2 15 1st Street Page 3 of 7 compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed enhancements of the building comply 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). E. The establishment, maintenance, and operation of the restaurant with the elevation and architectural enhancements, along with the previously approved Type 47 (on-sale general) alcohol license and extended operating hours would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed elevations have sufficient conditions 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 located in a City-owned beach and recreation area in Windsurf Park. The subject site is 415 feet from the nearest residential property, the parking area for the restaurant is adjacent to a public park that is under construction and residential property. The subject site has operated a restaurant with an alcohol license since 2003. 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. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 19-8 to permit the enhanced building elevations along with the previously approved Type 47 (On-Sale General) alcohol license to allow beer, wine and distilled spirits in conjunction with a restaurant and outdoor dining and extended operating hours from 7:00 AM to 10:00 PM seven days a week, within an existing commercial restaurant building, at 15 1st Street, subject to the following conditions. 1. Conditional Use Permit 19-8 is approved to permit the modified elevations and floor plan of the existing restaurant with the Type 47 (On-Sale General) Alcohol License to allow beer, wine and distilled spirits in conjunction with a restaurant and outdoor dining with the operating hours of 7:00 a.m. to 10:00 p.m. seven days a week, located at 15 1st Street. 2. The applicant shall comply with all restrictions placed upon the Type 47 (On-Sale General) Alcohol 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. Resolution No. 20-2 15 1st Street Page 4 of 7 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 date stamped December 12, 2019, and the terms of the lease agreement between the City and the applicants. 5. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. seven days a week. 6. No video games or similar amusements shall be permitted on the premises. 7. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 8. All building signage when illuminated shall be designed direct away from residential uses to ensure glare does not impact these uses. 9. 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. 10. 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. o The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing under age customers. 11. 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 Leadinfo@abc.ca.gov o Orange County Health Care Agency Alcohol & drug Education Prevention Team (ADEPT) Resolution No. 20-2 15 1st Street Page 5 of 7 Serving Alcohol Responsibly (BARCODE) (714) 834-2860 12. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 13. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. The establishment shall have a public telephone listing. 20. 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. 21. 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. Resolution No. 20-2 15 1st Street Page 6 of 7 22. An attendant will be located in the outdoor dining and seating area during business hours when customers are occupying the area. 23. The restaurant must be maintained as a “bona fide public eating place” as defined by the California Department of Alcoholic Beverage Control. 24. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 25. The applicant will prominently display these Conditions of Approval in a location within the businesses’ customer area that is acceptable to the Community Development Director. 26. 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. 27. 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. 28. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 29. 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. 30. 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. 31. 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. Resolution No. 20-2 15 1st Street Page 7 of 7 Section 6. Based upon the foregoing, the Planning Commission further finds that this Resolution No. 20-2 incorporates and reaffirms all actions taken by, and all conditions set forth in Resolution No. 19-7, approving CUP 19-4, including approval of the Type 47 (On-Sale General) alcohol license to allow beer, wine and distilled spirits in conjunction with a restaurant and outdoor dining area, and extended operating hours from 7:00 AM to 10:00 PM seven days a week, except as modified above pursuant to Condition No. 4 approving the enhanced elevations and plans, and Condition No. 8 regarding prevention of glare on residential properties. Based on this modified approval, the Planning Commission hereby rescinds and supersedes Resolution No. 19-7 and CUP 19-4, which shall be of no further force or effect. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on February 18, 2020, by the following vote: AYES: Commissioners _________________________________________ NOES: Commissioners _________________________________________ ABSENT: Commissioners _________________________________________ ABSTAIN: Commissioners _________________________________________ _________________________________ Mariann Klinger ATTEST: Chairperson _________________________________ Les Johnson Planning Commission Secretary