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HomeMy WebLinkAboutPC Res 20-02 - 2020-02-18RESOLUTION 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. The Beach House at The River, 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 ht Street 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 decor 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 Page 2 of 7 Resolution No. 20-2 15 V Street 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. Page 3 of 7 Resolution No. 20-2 15 V Street 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 LeadinfoCa)_abc.ca.gov o Orange County Health Care Agency Alcohol & drug Education Prevention Team (ADEPT) Page 4 of 7 Resolution No. 20-2 15 111 Street 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. Page 5 of 7 Resolution No. 20-2 15 1'r Street 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. Page 6 of 7 Resolution No. 20-2 15 1" Street 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 KL1ae E2 , eAMP13gLL , !j/NKLEa NOES: Commissioners ABSENT: Commissioners M/LLFi2 ABSTAIN: Commissioners Mariann Klinger ATTEST Chairperson ` es Johnson PI ni Commission Secretary Page 7 of 7