HomeMy WebLinkAboutPC Res 25-01 - 2025-02-18RESOLUTION NO. 25-01
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE
PERMIT 25-01 TO ESTABLISH A RESTAURANT IN
THE MAIN STREET SPECIFIC PLAN AREA, WITH
THE FULL SERVICE OF ALCOHOL (TYPE 47 ON -
SALE GENERAL -EATING PLACE), LIVE
ENTERTAINMENT, AND AN OUTDOOR DINING
AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. Scott Levitt ("the applicant") submitted an application to the
Community Development Department for Conditional Use Permit (CUP) 25-01, on behalf
of 208 Main Street LLC ("owner"). The proposed project would repurpose the existing
Bank of America building at 208 Main Street as a restaurant, with the full service of alcohol
(Type 47 on -sale general—eating place), live entertainment, and an outdoor dining area.
Parking for the restaurant would be provided in a parking lot located at 200 Main Street.
208 and 200 Main Street (collectively the "subject property") are located in the Main Street
Specific Plan (MSSP) Area, and both parcels are owned by 208 Main Street LLC.
Section 2. This project is determined to be a Class 1 (Existing Facilities)
Categorical Exemption pursuant to Section 15301(e)(2) of the Guidelines for the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for
the repurposing of an existing bank building for use as a restaurant including the
permitting of interior or exterior alterations involving such things as interior partitions,
plumbing, and electrical conveyances.
Section 3. A duly noticed public hearing was held before the Planning
Commission on February 18, 2025, to consider the application for CUP 25-01. 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 applicant submitted an application to the Community
Development Department for Conditional Use Permit 25-01 for a proposed restaurant at
200 and 208 Main Street in the Main Street Specific Plan (MSSP) area.
B. The subject property is rectangular in shape, made up of two lots,
each lot being approximately 5,875 square feet for a total property area of 11,750 square
feet. The property is approximately 100 feet wide by 117.5 feet deep. The site is
surrounded by commercial uses (Main Street) to the north and west, and residential uses
to the south and west.
C. The subject property is currently developed with a bank building on
208 Main Street and a 19 -space parking lot on 200 Main Street.
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D. The Main Street Specific Plan requires a conditional use permit to
establish a new restaurant use in the MSSP area.
E. The Seal Beach Municipal Code (SBMC) Section 11.4.05.015
(Alcoholic Beverage Establishments) requires CUP approval to obtain a type 47 ABC
license (on -sale general—eating place) for the service of alcohol at a restaurant. The CUP
must include all appropriate conditions of City Council Policy 600-1: Standard Conditions
for Alcohol -Related Land Uses.
F. SBMC Section 11.4.05.010.D (Accessory Business Uses and
Activities) allows for live, amplified or unamplified entertainment performed by no more
than 4 individuals (including, but not limited to, a singer, musician, instrumentalist,
magician, balloon entertainer, face painter or comedian) in a restaurant, provided that the
entertainment meets the performance standards within that section, including hours of
operation and noise levels near residential uses.
G. SBMC Section 11.4.05.090.D (Outdoor Dining, Display, and Sales
Standards) allows the permitting of outdoor dining for over 12 seats through a CUP.
Additionally, within this same section the service of alcohol may be permitted in the
outdoor dining area provided there is a physical barrier. The outdoor dining will be limited
to the proposed patio, which will have a barrier wall, not to exceed 4 feet in height, topped
with a planter, or other form of approved landscaping.
H. SBMC Section 11.4.20.020 (Parking Reductions) and the MSSP
allow for businesses on Main Street that are unable to provide all required parking spaces
on-site to enter into the Main Street In -Lieu Parking Program to satisfy the requirements
for the remaining parking spaces required.
Section 4. Based upon the facts contained in the record, including those stated
in the preceding Section of this Resolution and pursuant to Sections 11.5.20.020
(Required Findings) and 11.4.05.120 (Restaurant — Alcohol Sales) of the Seal Beach
Municipal Code, and the Main Street Specific Plan District In -Lieu Parking Program
pursuant to Section 11.4.20.020 of the Seal Beach Municipal Code and MSSP, the
Planning Commission makes the following findings:
A. Findings for Conditional Use Permit 25-01:
1) The proposed restaurant use with full alcohol service (ABC Type 47),
live music, and outdoor dining is consistent with the General Plan
and the MSSP, as the Land Use Element of the General Plan
identifies Main Street as the focal point of downtown Seal Beach and
the traditional commercial core of the city. The Land Use Section of
the MSSP states that "the commercial uses are the key to the area's
special character," and that "It is important that they be retained and
other similar uses be encouraged to establish on Main Street
whenever possible". Restaurant uses are one of the core business
types of Main Street, providing a recreational meeting and dining
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place for residents and tourists. Through use of appropriate
conditions of approval, such as hours of operation and noise
standards, the expectation is that the proposed restaurant use can
integrate into the commercial core of Main Street while minimizing
potential negative impacts to the nearby residences.
2) The proposed restaurant use with full alcohol service, live music, and
outdoor dining is allowed within the MSSP subject to the approval of
a Conditional Use Permit, and complies with all other applicable
provisions on the Municipal Code, including parking, as the project
site is located in the MSSP area, which allows the use to meet
parking requirements by entering into the Main Street In -Lieu Parking
Program, and through a recorded shared parking agreement that
applies to 208 Main Street and 200 Main Street.
3) The site is physically adequate for the type, density, and intensity of
the use being proposed. The site is located on two standard size lots,
both being 50 feet by 117.5 feet, with one lot on 208 Main Street
being occupied by an existing building and one lot on 200 Main Street
being occupied by the supporting parking lot. The proposed use
requires a total of 57 parking spaces. The subject property is
deficient 40 parking spaces, in that the shared parking agreement
will only provide 17 parking spaces on-site, including 15 standard
parking spaces and 2 van -accessible ADA -compliant parking
spaces. The. Seal Beach Municipal Code recognizes that the
parking is constrained in the MSSP area and requires participation
in the Main Street Specific Plan District In -Lieu Parking Program.
The program permits all or part of the parking space requirements to
be satisfied by compliance with this program. Because the subject
property does not have sufficient parking spaces to serve the
proposed restaurant, live music and outdoor dining, the
applicant/owner will also participate in the MSSP In -Lieu Parking
Program to satisfy all of the remaining required parking spaces
required for the proposed uses. The applicant/ownerwill be required
to pay an initial In -Lieu Parking Fee of $140,000 for 40 deficient
parking spaces prior to issuance of building permits for the
restaurant, patio and parking lot; and an annual fee for $4,000 for 40
deficient parking spaces. In addition, the applicant/owner shall be
required to execute and record a covenant setting forth its obligations
to pay the in lieu parking fees in accordance with the terms of this
Resolution.
4) The location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect
uses and properties in the surrounding neighborhood. The subject
property is located on Main Street in an area dedicated to
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commercial service use and the restaurant use will be repurposing
an existing bank building.
5) The establishment, maintenance, and operation of the proposed
interior alterations and use will not be detrimental to the health,
safety, or welfare of persons residing or working in the vicinity. The
restaurant use is consistent with the surrounding commercial uses
on Main Street, and the project is conditioned in regards to hours of
operation and noise standards to ensure a limited impact to the
nearby residential uses.
B. Findings for Alcoholic Beverages Sales at Restaurant(Full service of alcohol
- Type 47 on -sale general—eating place):
1) The proposed use will not result in an undue concentration of
establishments dispensing alcoholic beverages. Main Street,
through the General Plan and the MSSP, is a commercial corridor
designated for a higher concentration of restaurant uses, and the
service of alcohol is a common accessory use associated with
restaurants. The service of alcohol provides a Public Convenience
or Necessity (PCN) because it is located in a district designated for
a higher concentration of restaurants and is a service desired by
patrons visiting those establishments and often provides a restaurant
with the profit needed to stay in business, leading to better economic
vitality of the Main Street area. Additionally, both code enforcement
and the Police Department were consulted and cleared the project
without objection, and the conditions of City Council Policy 600-01
(Standard Conditions for Alcohol Related Land Uses) have been
included in the conditions of approval.
2) The distance of the restaurant is sufficient to eliminate adverse
impacts due to operational characteristics of the restaurant to
residential uses, religious facilities, school, libraries, public parks,
playground, and other similar uses; and other establishments
dispensing alcoholic beverages. Residential properties on 10th Street
are located to the rear of the restaurant, and the First United
Methodist Church is located 200 feet away on Central and 10th
Street. While very close to the residential uses, the defining
characteristic on Main Street in Old Town is that it is a pedestrian -
oriented neighborhood with a mix of uses that are easy to walk to.
One of the primary reasons that people move into Old Town is so
that they can walk to Main Street. The introduction of a new
restaurant on Main Street will not change the operational
characteristics of Main Street as it is intended as an area to have a
collection of restaurants. Regarding the church, it has services
Sunday morning at 930am. Services would release around 10:30am
to 11:00am, a little after the restaurant would open at 10:00am, and
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a common post -church activity is to have brunch, which this
restaurant would provide an additional option.
3) Noise levels generated by the operation of the establishment would
not exceed the level of background noise normally found in the area
or would otherwise not be intrusive. The project will be conditioned
so that it does not operate past 10pm, the time in which the municipal
noise ordinance lowers allowable exterior noise levels in residential
neighborhoods from 55 dBs to 50 dBs. Additionally, while live music
will be allowed, it will be indoors and any amplification of the music
will be conditioned so as it does not exceed acceptable noise levels
in the nearby residential neighborhood.
4) Signs and other advertising on the exterior of the premises would be
compatible with the character of the area. The project will conditioned
so that all signs require review by the Community Development
Department.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves CUP 25-01 to repurpose the existing Bank of America building at 208 Main
Street as a restaurant, with the full service of alcohol (Type 47 on -sale general—eating
place), live entertainment, and an outdoor dining area, subject to the following conditions.
1. The applicant must obtain all Building and Safety permits and Public Works permits
before tenant improvements, demolition, or construction. All work must be in
substantial conformance with the architectural drawings approved as part of this
CUP.
2. Noise associated with construction, repair, remodeling or grading of real property
can only be performed in the following periods: between 7:00 a.m. and 8:00 p.m.
on weekdays; and between 8:00 a.m. and 8:00 p.m. on Saturday.
3. No noise associated with construction, repair, remodeling, or grading of real
property allowed on Sundays, New Year's Day, Martin Luther King Day,
President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day or Christmas Day.
4. The hours of operation of the restaurant are limited from 7:00 A.M. to 10:00 P.M.
5. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
6. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment and operators of the establishment shall remove trash
and debris on an appropriate basis. No trash disposal activities may occur outside
the establishment between 10:00 P.M. and 7:00 A.M.
7. Live entertainment (amplified or unamplified) performed by no more than 4
individuals (including, but not limited to, a singer, musician, instrumentalist,
magician, balloon entertainer, face painter or comedian) is allowed only in the
indoor portion of the restaurant provided the amplification of the entertainment
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does not exceed 55 dBs in exterior noise levels in the neighboring residential
properties.
8. A stage may not be erected or used within the restaurant for live entertainment,
and the live entertainment must remain an ancillary use to the primary use of
restaurant dining.
9. Live entertainment shall be limited to the hours of 12:00 P.M to 10:00 P.M, on
Friday and Saturday, and the hours of 12:00 P.M. to 9:00 P.M. on Sunday through
Thursday.
10. The occupancy limit established for the restaurant shall be clearly posted at the
front and rear of the interior building and shall not be violated at any time.
11. 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.
12. The applicant shall comply with all restrictions placed upon the license issued by
the State of California Department of Alcoholic Beverage Control (ABC). In
connection with 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
Section 23000 to 26000.
13. The applicant shall furnish the City a copy of the ABC license and a copy of the
conditions placed on the license by the ABC.
14. No video games or similar amusements shall be permitted on the premises
15. Signs and other advertising on the exterior of the premises shall require review by
the Community Development Department, and shall be compatible with the
character of the area to the satisfaction of the Community Development Director.
No exterior signs or other advertising shall promote or indicate the availability of
alcoholic beverages.
16. Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while not unreasonable disturbing surrounding
residential or commercial areas. A lighting plan shall be provided upon request to
the Community Development Department, which promotes minimal disturbance to
nearby residences and meets the performance standards of SBMC 11.4.10.020.A.
(General Site Performance Standards — Lighting) to the satisfaction of the
Community Development Director.
17. In the event staff determines security problems exist on the site, the Conditions of
this permit may be amended to require the provisions of additional security
measures.
18. The establishment shall have a public telephone listing.
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19. 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.
20. All alcoholic beverages sold in conjunction with the on -premise licensed
establishment must be consumed entirely on the premises prior to closing time,
and none shall be sold as take-out.
21. The establishment must serve a complete menu of food until thirty minutes prior to
closing time.
22. The sale of alcoholic beverages for consumption off the premises shall be
prohibited. Consumption of alcoholic beverages shall be prohibited in the
establishment's parking area. There shall be appropriate posting of signs both
inside and outside the licensed premises, to the satisfaction of the Community
Development Director, indicating that drinking outside the licensed premises is
prohibited by law.
23. Outdoor dining shall be limited to the covered patio as shown on the approved
architectural drawings for this CUP. Whenever this outdoor dining is being utilized
for the sale, service or consumption of alcoholic beverages, a premise employee
shall be in attendance and maintain continuous supervision to ensure the outdoor
dining area does not create a public nuisance contrary to public welfare and
morals.
24. All alcoholic beverages served in the outdoor dining area must be served in glass
containers.
25. A physical barrier between the outdoor patio and the general outside area must be
maintained pursuant to SBMC Section 11.4.05.090.D (Outdoor Dining Standards
— Outdoor Dining and Seating Areas), to the satisfaction of the Community
Development Director, including the use of some form of landscaping, such as a
planter box.
26. Design compatibility of the exterior areas shall be maintained pursuant to SBMC
Section 11.4.05.090.D.9 (Outdoor Dining and Seating Areas — Design
Compatibility) to the satisfaction of the Community Development Director,
including associated structure elements, awning, covers, furniture, umbrellas, or
other physical elements that are visible from the public right-of-way.
27. A copy of these Conditions of Approval shall be displayed on the premises of the
establishment in a place where it may readily be viewed by any member of the
general public.
28. The Planning Commission reserves the right to revoke or modify this CUP in the
event of any violation of the approved conditions, any violation of any provision of
the Code of the City of Seal Beach, or if there is a substantial change in the mode
and character of the use, including if harm or operational problems such as criminal
or anti -social behavior occur. Examples of these behaviors include, but are not
limited to: violence, public drunkenness, vandalism, solicitation and/or litter.
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29. Approval of a modification of this CUP must be obtained under any of the following
circumstances:
a. The establishment proposes to change its type of ABC 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.
d. The establishment proposes to modify any provisions of the covenants
required by these conditions of approval.
30. 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/owner of 208 Main Street and 200 Main Street before being returned to
the Planning Department; and until the ten (10) calendar day appeal period has
elapsed.
31. The applicant/owner is required to participate in and pay In -Lieu Parking Fees in
accordance with the Main Street Specific Plan District In -Lieu Parking Program
(Seal Beach Municipal Code Section 11.4.20.020.D). In accordance with the In -
Lieu Parking Program, the applicant/owner shall be required to pay an initial fee of
$140,000, calculated at $3,500 per deficient space, prior to issuance of any
building permits for the restaurant, patio and parking lot. In addition, the
applicant/owner shall be required to pay an annual In -Lieu Parking Fee of $4,000,
calculated at $100 per deficient space, each year no later than July 1st. The
property shall remain in good standing with the Main Street Specific Plan District
In -Lieu Parking Program at all times. The Planning Commission reserves the right
to revoke this CUP if the applicant/owner does not remain in good standing with
the Main Street Specific Plan In -Lieu Parking Program.
32. This Resolution and CUP shall not become effective for any purpose until the
execution and recordation of a shared parking agreement that applies to the lots
located at 208 Main Street and 200 Main Street, in a form satisfactory to the City.
The shared parking agreement shall provide that:
a. The lots located at 208 Main Street and 200 Main Street shall be held as one
parcel to accommodate the restaurant, outdoor patio and parking lot.
b. 208 Main Street shall provide not less than 17 parking spaces, including not
less than 15 standard parking space and not less than 2 van -accessible ADA
parking spaces, for the restaurant, outdoor dining, and entertainment uses.
c. The executed and recorded shared parking agreement shall be provided to
the City prior to issuance of any building permits for the restaurant, outdoor
dining, and shared parking.
d. The shared parking agreement may be incorporated with the covenant set
forth in Condition #33 of this Resolution.
33. This Resolution and CUP shall not become effective for any purpose the execution
and recordation of a covenant by the applicant/owner on the subject property
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located at 208 Main Street and 200 Main Street, in a form satisfactory to the City,
that complies with the following requirements:
a. The covenant shall incorporate all requirements and conditions of approval of
this Resolution.
b. The covenant shall require the owner's participation in the Main Street
Specific Plan District In -Lieu Parking Program at all times, and payment of
the In -Lieu Parking Fees including payment of an initial fee of $140,000,
calculated at $3,500 per deficient space, prior to issuance of any building
permits for the restaurant, patio and parking lot; and payment of an annual
In -Lieu Parking Fee of $4,000, calculated at $100 per deficient space, paid
no later than July 1St, each year.
c. The executed and recorded covenant shall be provided to the City prior to
issuance of any building permits for the restaurant, outdoor dining and shared
parking.
d. The covenant may be incorporated with the shared parking agreement set
forth in Condition #32 of this Resolution.
34. 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.
35. 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.
36. The applicant must indemnify, defend, and hold harmless the City, its agents, and
employees (collectively "the City" hereinafter in this paragraph) from any and all
claims and losses whatsoever occurring or resulting to any and all persons, firms,
or corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of the
rights granted herein, and any and all claims, lawsuits or actions arising from the
granting of or the exercise of the rights permitted by this Conditional Use Permit,
and from any and all claims and losses occurring or resulting to any person, firm,
corporation or property for damage, injury or death arising out of or connected with
the performance of the use permitted hereby. Applicant's obligation to indemnify,
defend, and hold harmless the City as stated herein shall include, but not be limited
to, paying all fees and costs incurred by legal counsel of the City's choice in
representing the City in connection with any such claims, losses, lawsuits or
actions, expert witness fees, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on February 18, 2025, by the following vote:
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AYES: Commissioners MINGIONE, NOLTA, WHEELER, CAMPBELL
NOES: Commissioners
ABSENT: Commissioners COLES
ABSTAIN: Commissioners
ATTEST:
Alexa Smittle
Planning Commission Secretary
Margo Wheeler
Chairperson
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