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HomeMy WebLinkAboutPC Res 07-16 - 2007-04-04 RESOLUTION NUMBER 07-16 Ot9/6'h /114( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 07-6, APPROVING THE ON- PREMISE SALE OF BEER, WINE, AND DISTILLED SPIRITS AND A 480 SQUARE FOOT OUTDOOR DINING AREA AT A RESTAURANT AT 12171 SEAL BEACH BOULEVARD (CALIFORNIA PIZZA KITCHEN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 28, 2007 Nina Raey of Fancher Development filed an application for Conditional Use Permit 07-6 with the Department of Development Services. Section 2. The applicant is requesting approval to permit the on-premise sale of beer, wine, and distilled spirits and an outdoor dining area for 44 persons at a new restaurant (California Pizza Kitchen) to be located in the Shops at Rossmoor at 12171 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 07-6 for the requested land use entitlements at a proposed restaurant with a proposed outdoor dining area 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 of20% slope or a change in land use or density. Section 4. A duly noticed public hearing was held before the Planning Commission 011 April 4, 2007, to consider the application for Conditional Use Permit No. 07-6. 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 Nina Raey of Fancher Development filed an application for Conditional Use Permit 07-6 with the Department of Development Z"\L WllIllenberg\My DoelImenls\RESO\CUP 07-6 12171 SBB CPK PC Reso doe\L W\04-04-07 Planning Commission Resolution 07-16 Conditional Use Permit 07-6 12171 Seal Beach Boulevard (California Pizza Kitchen) April 4, 2007 Services requesting approval to permit the on-premise sale of beer, wine, and distilled spirits and an outdoor dining area for 44 persons at a new restaurant (California Pizza Kitchen) to be located in the Shops at Rossmoor at 12171 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 north of the "Parasol" structure, which is to be renovated for a "Mel' s Diner" restaurant. c. The proposed California Pizza Kitchen location is approximately 60 feet west of Seal Beach Boulevard and 380 feet north of Rossmoor Center Way, and is proposed to be 5,643 square feet in area, located in "Building N", which has a total of 18,798 square feet of gross leasable area. An outdoor dining area of approximately 480 square feet is also proposed along the southern building facade. The 3 other building being constructed contain a total of 43,782 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: 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. WEST: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. e. The proposed restaurant use comprises 5,643 square feet and is located in the easterly end retail space of "Building N" which is currently under construction. Building N is oriented in a east-west configuration, and is approximately 60 feet west of Seal Beach Boulevard. The structure is approximately 35 feet from the north property line, with a 24-foot wide service drive and 8-foot high block wall separating the rear of the building from the adjoining residential townhome development. f. The proposed outdoor dining area comprises approximately 480 square feet and provides seating for 44 persons. The outdoor dining area is proposed to CUP 07-6 12171 SBB CPK PC Reso 2 Planning Commission Resolution 07-16 Conditional Use Permit 07-6 12171 Seal Beach Boulevard (California Pizza Kitchen) Aprtl4, 2007 be located westerly of the main restaurant entrance and will be facing south, towards the parking lot and the "Parasol' building. The outdoor dining area is screened from adjacent residential uses by the mass of the building, which is primarily 24-feet in height, with an architectural element at 35-feet high to accentuate the building comer. g. The outdoor dining area is to be separated from the common public walkways in front ofthe building by a combination of a tubular steel patio railing system and cultured stone veneered walls that are 3 feet high. A solid patio awning is proposed to provide shade and cover over the outdoor dining area and will be 8 feet high adjacent to the common walkways and have a maximum height of 13.5 feet where it is attached to the exterior wall of the building. h. The outdoor dining area proposed in conjunction with this proposed restaurant use is screened by the building mass from residences both to the north and west. The nearest homes to the requested land use are located to the rear of the business operation, approximately 140 feet to the north of the proposed outdoor dining location. The residential area to the west is approximately 300 feet from the proposed outdoor dining area, and is screened by the building mass of Building L, which also is a minimum of 24 feet in height. i. 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: PREVIOUS ALCOHOL LICENSES IN PROJECT AREA Type of Conditional Use Address Business Name ABC Permit Case License 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 88-8 123 11 Seal Beach Boulevard Brunswick Rossmoor 47 92-15 Bowl 12331 Seal Beach Boulevard Rite Aide 21 02-9 CUP 07-6 \2\7\ SI3B CPK PC Rcso 3 Planning Commission Resolution 07-16 Conditional Use Permit 07-6 12171 Seal Beach Boulevard (California Pizza Kitchen) April4, 2007 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. Section 6. Based upon the facts contained in the record, including those stated in S5 of this resolution and pursuant to SS 28-1300,28-2504-2508 ofthe City's Code, the Planning Commission makes the following findings: a. CUP No. 07-6 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 and outdoor dining areas subject to the issuance of a Conditional Use Permit. The use as a restaurant with on-premise beer, wine, and distilled spirit sales and an outdoor dining area 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 the second of those previously existing on-sale license approvals. d. The requested restaurant with on-premise beer, wine, and distilled spirit sales and an outdoor dining area, 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. 07-6, subject to the following conditions: 1. Conditional Use Permit 07-6 is approved for a 5,643 square foot restaurant and a 480 square foot outdoor dining area with Department of Alcoholic Beverage Control (ABC) License Type 47, Alcohol Sales & Service, on-premise sale of beer, wine, and distilled spirits at 12171 Seal Beach Boulevard. 2. All construction shall be in substantial compliance with the plans submitted as a part of the application and dated January 16,2007. CUP 07-6 12171 SBB CPK PC Reso 4 Planning Commission Resolution 07-16 Conditional Use Permit 07-6 12171 Seal Beach Boulevard (California Pizza Kitchen) April 4, 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. 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) 558-4]01 Date: 1 sl Monday of each month Time: 10:00 a.m. to I :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) CUP 07-612171 SBB CPK PC Reso 5 Planning Commission Resolution 07-/6 Conditional Use Permit 07-6 12/7/ Seal Beach Boulevard (California Pizza Kitchen) April 4, 2007 Telephone: Cost: California Coordinating Council for Responsible Beverage Service (C3RBS) (7]4) 834-2860 * Karen Keay $12.00 per person * Tax Deductible Program: F or special events training c. Provider: Orange County Health Care Agency Program: Project Path Telephone: (714) 895-9088 * Irene Glenday Cost: Free 8. The hours of operation shall be 10:00 AM to 11 :00 PM, seven days a week. 9. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 10. All alcoholic beverages served in the outdoor dining area must be served in glass containers. 11. A decorative separation wall at least 3.5 feet in height shall be installed to enclose the outdoor dining area from the public walkways in front of the business location. Said decorative separation wall to be approved by the Director of Development Services. 12. 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 13. No video games or similar amusements shall be permitted on the premises. ]4. 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. 15. 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. 16. 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. CUP 07-61217\ SBB CPK PC Reso 6 Plannmg Commission Resolution 07-16 ConditIOnal Use Permit 07-6 12171 Seal Beach Boulevard (Califorma Pizza Kitchen) April 4, 2007 17. The establishment shall have a public telephone listing. 18. 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. 19. In the event staff determines security problems exist on the site, the Conditions of this permit may be anlended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 20. Conditional Use Permit 07-6 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. 21. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 22. A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department. 23. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a Conditional Use Permit issued by the City and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City. 24. 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 permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 25. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor 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. 26. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach CUP 07-612171 SBB CPK PC Rcso 7 Planning Commission Resolution 07-16 Conditional Use Permit 07-6 12171 Seal Beach Boulevard (California Pizza Kitchen) April 4, 2007 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. 27. This Conditional Use Permit shall become null and void unless exercised within 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. 28. This Conditional Use Pennit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the 10 calendar-day appeal period has elapsed. 29. The term of this permit shall be 12 months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 07-6 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 accompanying fee must be submitted to the City prior to consideration of an indefinite permit. 30. 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 Pennit, 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of April , 2007, by the following vote: CUP 07-612171 SBB CPK PC Reso 8 AYES: Commissioners Planning Commission Resolution 07-16 Conditional Use Permit 07-6 12/71 Seal Beach Boulevard (California Pizza Kitchen) April 4, 2007 BELLO, DEATON, MASSA-LAVITT, O'MALLEY, AND ROBERTS NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners CUP 07-6 12171 SBBCPKPCReso rkH~j~ -Ellery Deat n Chairperson of the PI aIming Commission 9