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HomeMy WebLinkAboutPC Res 07-15 - 2007-04-04 RESOLUTION NUMBER 07-15 O.-9h 6'~ ~< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 07-5, APPROVING THE ON- PREMISE SALE OF BEER AND WINE AT A RESTAURANT AT 12235 SEAL BEACH BOULEVARD (PEl WEI ASIAN DINER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 28,2007 Matt Clark of Fancher Development filed an application for Conditional Use Permit 07-5 with the Department of Development Services. Section 2. The applicant is requesting approval to permit the on-premise sale of beer and wine at a new restaurant (Pei Wei Asian Diner) to be located in the Shops at Rossmoor AT 12235 Seal Beach Boulevard. Section 3. Pursuant to 14 Calif. Code of Regs. S 15301, staff has determined as follows: The application for Conditional Use Permit 07-5 for the requested land use entitlements at a proposed restaurant is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 4. A duly noticed public hearing was held before the Planning Commission on April 4, 2007, to consider the application for Conditional Use Permit No. 07-5. At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. following: The record of the public hearing of April 4, 2007 indicates the a. On February 28, 2007 Matt Clark of Fancher Development filed an application for Conditional Use Permit 07-5 with the Department of Development Services requesting approval to permit the on-premise sale of beer and wine at a new Z \LWlllttenberg\My Documenls\RESO\CUP 07-5 12235 SBB Pel Wel PC Reso doc\LW\04-04-07 Planning Commission Resolution 07-15 Conditional Use Permit 07-5 12235 Seal Beach Boulevard (Pei Wei Asian Diner) April 4, 2007 restaurant (Pei Wei Asian Diner) to be located in the Shops at Rossmoor AT 12235 Seal Beach Boulevard. b. The subject property is located in the Shops at Rossmoor development, located west of Seal Beach Blvd. and north of Rossmoor Center Way. The proposed restaurant location is immediately behind the "Parasol" structure, which is to be renovated for a "Mel' s Diner" restaurant. c. The proposed Pei-Wei location is immediately north of Rossmoor Center Way, and is proposed to be 3,299 square feet in area, located in "Building L", which has a total of 31,021 square feet of gross leasable area. The 3 other building being constructed contain a total of 31,259 square feet of gross leasable area. These buildings are currently under construction. d. Surrounding land uses and zoning are as follows: NORTH: The Shops at Rossmoor center, including the 62,280 square feet of new retail currently under construction and the "Parasol." Building which is undergoing renovation, in the C-2, General Commercial Zone. SOUTH: The remaining portion of the Shops at Rossmoor, in the C-2, General Commercial Zone. EAST: Across Seal Beach Boulevard is a 75-lot, single family detached home development approved and developed as part of the Old Ranch Towne Center Project in the RMD Zone with the Old Ranch Towne Center located further to south, in the C-2, General Commercial Zone. WEST:A 254-unit townhome development in the RHD, Residential High Density Zone. Further to the north is a 184 unit townhome development in the unincorporated community of Rossmoor. e. As a result of the current construction activity at the Shops at Rossmoor retail center, the following on-premise and off-.premise alcohol sales approved business locations have been eliminated: CUP 07-5 12235 SBB Pel Wei PC Rcso 2 Planning Commission Resolution 07-15 Conditional Use Permit 07-5 12235 Seal Beach Boulevard (Pei Wei Asian Diner) April 4, 2007 PREVIOUS ALCOHOL LICENSES IN PROJECT AREA Type of Conditional Address Business Name ABC Use Permit License Case Number 12101 Seal Beach Boulevard Carriage Trade Liquor 21 2-90 12147 Seal Beach Boulevard Yucatan Grill 41 97-1 12149 Seal Beach Boulevard Davio's 41 82-3 12161 Seal Beach Boulevard Champ's 41 86-10 12235 Seal Beach Boulevard The Fit Stop 41 93-10 12241 Seal Beach Boulevard Parasol 41 96-2 12309 Seal Beach Boulevard Panda Panda 47 88-8 12311 Seal Beach Boulevard Brunswick Rossmoor Bowl 47 92-15 12331 Seal Beach Boulevard Rite Aide 21 02-9 Note: A "21" license is an off-premise sales license. A "41" license is an on-premise beer and wine license, and a "47" license is a distilled spirits license. f. The proposed restaurant use comprises 3,299 square feet and is located in the southerly end retail space of "Building L" which is currently under construction. Building L is oriented in a north-south configuration, and is approximately 330 feet west of Seal Beach Boulevard. The structure is 36 feet from the west property line, with a 20-foot wide service drive and 8-foot high block wall separating the rear of the building from the adjoining residential townhome development. g. There are no outdoor dining areas proposed in conjunction with this proposed restaurant use, and the nearest homes to the requested land use are located to the rear of the business operation, approximately 55 feet to the west of the proposed Restaurant location. h. There are no outdoor dining areas proposed in conjunction with this proposed restaurant use, and the nearest homes to the requested land use are located to the rear of the business operation, approximately 55 feet to the west of the proposed restaurant location. Section 6. Based upon the facts contained in the record, including those stated in S5 ofthis resolution and pursuant to SS 28-1300,28-2504-2508 of the City's Code, the Planning Commission makes the following findings: CUP 07-5 12235 SBB Pel Wel PC Reso 3 Planning Commission Resolution 07-15 Conditional Use Permit 07-5 12235 Seal Beach Boulevard (Pei Wei Asian Diner) April 4, 2007 a. CUP No. 07-5 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits alcohol sales subject to the issuance of a Conditional Use Permit. The use as a restaurant with on-premise beer and wine sales 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. The building and property at the Shops at Rossmoor are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. c. The subject area of the Shops at Rossmoor had previously been approved for 7 on-premise alcohol sale uses and 2 off-premise alcohol sales locations which have been demolished as part of the reconstruction of this portion of the shopping center. This request will re-establish one of those previously existing on-sale license approvals. d. The requested restaurant with on-premise sale of beer and wine, if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach would mitigate any negative impacts to neighboring residential properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 07-5, subject to the following conditions: 1. Conditional Use Permit 07-5 is approved for a 3,299 square foot restaurant with Department of Alcoholic Beverage Control (ABC) License Type 41, Alcohol Sales & Service, on-premise sale of beer and wine, at 12235 Seal Beach Boulevard. 2. All construction shall be in substantial compliance with the plans submitted as a part of the application and dated February 26,2007. 3. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC) and a copy of said approved license shall be filed with the Department of Development Services as soon as the license is received by the applicant from ABC. 4. All alcoholic beverages sold in conjunction with the on-premise-licensed establishment must be consumed entirely on the premises prior to closing time. None shall be sold as take-out. Consumption of alcoholic beverages is prohibited in the establishment's parking area or any adjoining non-approved seating areas. CUP 07-5 12235 SBB Pel Wel PC Reso 4 Planning Commission Resolution 07-15 Conditional Use Permit 07-5 12235 Seal Beach Boulevard (Pei Wei Asian Diner) April 4, 2007 There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 5. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. 6. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a. State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. b. The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. c. Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d. Methods of dealing with intoxicated customers and recognizing under age customers. 7. The following organizations provide training programs, which comply with the above criteria: a. Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: 1 sl Monday of each month Time: 10:00 a.m. to 1 :00 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ana b. Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: California Coordinating Council for Responsible Beverage Service (C3RBS) Telephone: (714) 834-2860 * Karen Keay Cost: $12.00 per person * Tax Deductible For special events training c. Provider: Orange County Health Care Agency Program: Project Path Telephone: (714) 895-9088 * Irene Glenday Cost: Free CUP 07-5 12235 SBB Pel Wel PC Reso 5 Planning Commission Resolution 07-15 Conditional Use Permit 07-5 12235 Seal Beach Boulevard (Pei Wei Asian Diner) April 4, 2007 8. The hours of operation shall be 10:00 AM to II :00 PM, seven days a week. 9. No commercial deliveries or trash disposal activities may occur in association with the operation of this business facility between the hours of 10:00 P.M. and 7:00 A.M 10. No video games or similar amusements shall be permitted on the premises. 11. 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. 12. 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 commercial areas. 13. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Director of Development Services. 14. The establishment shall have a public telephone listing. 15. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 11 :00 p.m. and 7:00 a.m. 16. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 17. Conditional Use Permit 07-5 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the ABC and as may be audited by the City staff. 18. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 19. A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department. CUP 07-5 12235 SBB Pel Wel PC Reso 6 Planning Commission Resolution 07-15 Conditional Use Permit 07-5 12235 Seal Beach Boulevard (Pei Wei Asian Diner) April 4, 2007 20. There shall be no live entertainment, anlplified music, or dancing pennitted on the premises at any time, unless specifically authorized by a Conditional Use Permit issued by the City and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City. 21. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code, as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this pennit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 22. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type ofliquor license. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 23. The Planning Commission reserves the right to revoke or modify this Conditional Use Pernlit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 24. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 25. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" fornl has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the 10 calendar-day appeal period has elapsed. 26. The term of this pernlit shall be 12 months. At the end of the initial tenn, the applicant may apply to the City for an extension of Conditional Use Permit 07-5. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and CUP 07-5 12235 SBB Pel We! PC Rcso 7 Planning Commission Resolution 07-15 Conditional Use Permit 07-5 12235 Seal Beach Boulevard (Pei Wei Asian Diner) April 4, 2007 accompanying fee must be submitted to the City prior to consideration of an indefinite permit. 27. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) 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 pennitted 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of April ,2007, by the following vote: AYES: Commissioners BELLO, DEATON, MASSA-LAVITT, O'MALLEY, AND ROBERTS NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners d.f.M~AOrl<'1'~) -'Ellery Deat Chairperson of the Planning Commission /~~~ ~ Whittenberg ~cretary of the Planning Commission CUP 07-5 12235 SBB Pel Wel PC Reso 8