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HomeMy WebLinkAboutPacket_2025_02_18CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 18 February 2025 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Karen Nolta District 3 — Richard Coles – Chair District 4 — Patty Campbell District 5 — Margo Wheeler – Vice Chair Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Patricia Garcia, Associate Planner Samuel Funes, Assistant Planner Amy Greyson, Senior Assistant City Attorney •City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed from 12:00 p.m. to 1:00 p.m. for lunch. •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 on the City’s website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 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. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Commission, although submission of a speaker card is not required in order to address the Commission. 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. CONSENT CALENDAR A.Approval of the November 18, 2024 Planning Commission Minutes CONTINUED ITEMS SCHEDULED MATTERS B.Reorganization of the Planning Commission – Election of a Chairperson and Vice Chairperson for 2025 Recommendation: Staff recommends holding a vote for a Chair and Vice Chair of the Commission. NEW BUSINESS PUBLIC HEARINGS C.Conditional Use Permit 25-01 208 Main Street Applicant: Scott Levitt Request: For a Conditional Use Permit (CUP 25-01) to allow a change of land use from a bank into a full-service restaurant with alcohol sales (ABC Type 47), live entertainment, outdoor dining, and participation in the Main Street in-lieu parking program, for a property located in the Main Street Specific Plan. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Reolution No. 25-01, APPROVING Conditional Use Permit 25-01 with conditions, and finding the project EXEMPT from the California Environmental Quality Act. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, March 3, 2025 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:February 18, 2025 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the November 18, 2024 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on November 18, 2024 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. November 18, 2024 Planning Commission Minutes 8 6 2 8 City of Seal Beach – Regular Meeting of the Planning Commission November 18, 2024 Chair Coles called the Planning Commission meeting to order at 7:00 p.m. Commissioner Wong led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Wong, Wheeler, Coles Absent: None Staff Present: Amy Greyson, Senior Assistant City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Patricia Garcia, Associate Planner Gloria D. Harper, City Clerk PUBLIC COMMUNICATIONS Chair Coles opened public communications. Speakers: None. Chair Coles closed public communications. City Clerk Harper announced that no emailed comments were received after posting the agenda. 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. Motion by Vice Chair Wheeler, second by Commissioner Wong to approve the agenda. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the October 21, 2024, Planning Commission Minutes Motion by Vice Chair Wheeler second by Commissioner Wong to approve the consent calendar. 8 6 2 8 AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONTINUED ITEM(S) - None SCHEDULED MATTERS - None NEW BUSINESS – None PUBLIC HEARINGS B. Specific Plan Amendment 24-2 Main Street Specific Plan Area Applicant: City of Seal Beach Request: For Specific Plan Amendment 24-2 amending the Main Street Specific Plan amending portions of the outdoor uses development standards to allow size flexibility for outdoor dining tables, merchandise displays, and benches. Recommendation: That the Planning Commission hold a public hearing regarding the Main Street Specific Plan Amendment, and after considering all evidence and testimony presented, recommend approval of Specific Plan Amendment 24-2 to the City Council and find the project EXEMPT from CEQA. Associate Planner Garcia provided a comprehensive staff report. A discussion ensued. Chair Coles and Commissioner Wong’s questions and concerns were addressed by Associate Planner Garcia and Planning Manager Temple. Chair Coles opened the public hearing. Speakers: None. Chair Coles closed the public hearing. Vice Chair Wheeler moved, second by Commissioner Mingione, to recommend approval of Specific Plan Amendment 24-2 to the City Council and find the project EXEMPT from CEQA. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. 8 6 2 8 DIRECTOR’S REPORT Community Development Director Smittle announced that the annual Seal Beach Christmas Tree Lighting Ceremony will be held at Eisenhower Park on Saturday, November 23, 2024, from 4:00 p.m. to 7:00 p.m. COMMISSION CONCERNS The Planning Commission congratulated Commissioner Wong on his election to City Council. ADJOURNMENT Chair Coles adjourned the Planning Commission meeting at 7:24 p.m. to Monday, December 2, 2024, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Richard Coles, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 2 0 0 0 PLANNING COMMISSION STAFF REPORT DATE:February 18, 2025 TO:Planning Commission THRU:Alexa Smittle, Community Development Director FROM:Samuel Funes, Assistant Planner SUBJECT:Request for a Conditional Use Permit (CUP 25-01) to allow a change of land use from a bank into a full-service restaurant with alcohol sales (ABC Type 47), live entertainment, outdoor dining, and participation in the Main Street in-lieu parking program, for a property located in the Main Street Specific Plan. LOCATION:208 Main Street APPLICANT:Scott Levitt RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 25-01, APPROVING Conditional Use Permit 25-01 with Conditions. GENERAL PLAN DESIGNATION: Commercial Service ZONE:Main Street Specific Plan (MSSP) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 199-043-11, 199-043-10 LOT AREA: 11,750 SQ. FT. GROSS FLOOR AREA: 6,426 SQ. FT. SURROUNDING PROPERTIES: NORTH: MAIN STREET SPECIFIC PLAN (MSSP) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-20) EAST: RESIDENTIAL HIGH DENSITY (RHD-20) WEST: MAIN STREET SPECIFIC PLAN (MSSP) 2 0 0 0 ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301(a) 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. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on February 6, 2025 and mailed to property owners and occupants within a 500’ radius of the subject property on February 3, 2025, with affidavits of publishing and mailing on file. ANALYSIS Scott Levitt, (“the applicant”) on behalf of 208 Main Street LLC (“the owner”), is requesting approval to establish a full-service restaurant with a Type 47 ABC license (On-Sale General- Eating Place), live entertainment, and outdoor dining at 208 Main Street in an existing 6,426 square foot two-story commercial building formerly occupied by the Bank of America. The building is on a 5,875 square foot lot (50-by-117.5 feet), and the Project Site includes the neighboring property at 200 Main Street, also owned by 208 Main Street LLC, which is currently developed as a parking lot that previously served the Bank of America business, and is proposed to continue to serve as the parking for this use. Both lots are equivalent size and combine to create a Project Site of 11,750 square feet. The Main Street Specific Plan (MSSP) and Seal Beach Municipal Code (SBMC) Section 11.2.10.010 (Commercial and Mixed-Use Districts – Land Use Regulations) require approval of a Conditional Use Permit (CUP) to establish a restaurant on Main Street. The CUP is also needed for the full service of alcohol, live entertainment, and outdoor dining. The proposed hours of operation for the restaurant are Monday through Saturday, 11am to 10pm, and Sunday 10am to 9pm. The proposed timeframe for live entertainment is Friday and Saturday, 6pm to 10pm, and Thursday and Sunday, 5pm to 9pm. The live entertainment would be indoors, and the project will be conditioned so that any resulting exterior noise created would be within the required exterior noise standard of 55 decibels for the neighboring residential properties. The live entertainment and full service of alcohol components have been referred to the Seal Beach Police Department for review, who have stated that they have no objections, and the project is being conditioned pursuant to City Council Policy 600-1 (Standard Conditions for Alcohol-Related Land Uses) to meet the standards set by City Council for mitigating potential nuisances to the surrounding area. The outdoor dining is being proposed within a new 497 SF covered patio located adjacent to Main Street and the on-site parking lot. No outdoor dining is being proposed within the sidewalk (public right-of-way) or in any area outside of the patio. As the proposed patio and parking for this project are located on the separate parcel at 200 Main Street, the conditions of approval require the applicant be required to record a covenant to hold both parcels as one property. The parking lot currently exists with 18 standard spaces and 1 ADA space, and the project proposes to modify the parking lot to add a van accessible ADA space and reduce the standard spaces by 3 to allow for the additional ADA space and the new covered patio. The new parking count would be 2 ADA 2 0 0 0 spaces and 15 standard spaces, for a total of 17 spaces. The restaurant has a floor area of 5,700 SF, which by Code, would require 57 parking spaces (1 space per 100 SF for restaurants), meaning that the project is deficient by 40 parking spaces. The Main Street Specific Plan states that any or all of required parking for uses within Main Street can be satisfied through the Main Street In-Lieu Parking Program. As a condition of approval, the applicant would be required to enter into and remain in good standing in the Main Street In-Lieu Parking Program to cover the 40 remaining required parking spaces, and record a covenant setting for its obligations. In order to comply with the In-Lieu Parking Program, under the City’s cost recovery program, at time of project approval the applicant/owner must pay an initial fee of $140,000 (calculated at $3,500 per deficient space), and an annual payment of $4,000 (calculated at $100 per deficient space). The tenant improvements proposed will include exterior and interior alterations. Changes to the exterior façade facing Main Street will consist of large picture windows and 11’ 4” double swing front doors. Changes to the exterior façade facing Central Avenue will consist of a covered patio structure, outdoor dining area, large picture windows, and a 7’ 10” glass sliding door. The final exterior alteration will be the installation of new stone veneer on Main Street, Central Avenue, and the alley façade sides of the building. The interior alterations include new partitions, restrooms, a bar area, and a kitchen. 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. It is an area that provides for a pedestrian-oriented mix of offices and buildings, surrounded by an area of mixed housing types and institutions. 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 place for residents and tourists. Through use of appropriate conditions of approval, such as hours of operation, noise standards, and the other standards set forth by City Council Policy Memo 600- 1, the expectation is that the proposed restaurant use can integrate into the commercial core and of Main Street and its character while minimizing potential negative impacts to the nearby residences. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 25-01 approving CUP 25-01 to permit the establishment of a restaurant in the former Bank of America building, with full alcohol service, live music, and outdoor dining at 208 Main Street, and find the project exempt from CEQA. Prepared by: Samuel Funes Alexa Smittle______________ Samuel Funes Alexa Smittle Assistant Planner Director of Community Development 2 0 0 0 Attachments: 1. Vicinity Map 2. Aerial Map 3. Resolution No. 25-01 4. Photos – Existing Conditions 5. Renderings 6. Project architectural plans 7. City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses 1 of 4 RESOLUTION 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. 2 of 89 8 3 0 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 3 of 89 8 3 0 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/owner will 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 4 of 89 8 3 0 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 5 of 89 8 3 0 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 6 of 89 8 3 0 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. 7 of 89 8 3 0 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. 8 of 89 8 3 0 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 #34 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 9 of 89 8 3 0 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 #33 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: 10 of 89 8 3 0 AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Richard Coles Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary VICINITY MAP: AERIAL MAP: Photos – Existing Conditions 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: 208 MAIN STREET LLC 208 MAIN STREET SEAL BEACH, CA 90740 AGENT: SCOTT LEVITT 311 MAIN STREET, SUITE #8 SEAL BEACH, CA 90740 562-493-7548 DATE OF PREPARATION: DECEMBER 9, 2024 PROJECT ADDRESS: 208 MAIN STREET ACCESSORS PARCEL NO.: 199-043-11 LOT:6 BLOCK:109LICENS E D ARCHI TE CTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON 208 MAIN ST. 208 MAIN STREET SEAL BEACH, CA 90740 A-1 TITLE SHEET / SITE PLAN DIRECTORY AGENT: SCOTT LEVITT 311 MAIN STREET, SUITE #8 SEAL BEACH, CA 90740 562-493-7548 ARCHITECT: CHERSON WEISS ARCHITECTS 606 CENTRAL AVENUE SEAL BEACH, CALIFORNIA 90740 PH: 562-566-0495 PH: 562-682-0927 ERIN@CWARCHITECTS.NET OWNER: 208 MAIN STREET LLC 208 MAIN STREET SEAL BEACH, CALIFORNIA 90740 SCOPE OF WORK SCOPE OF WORK TO INCLUDE: 1. CHANGE USE OF EXISTING BUILDING AT 208 MAIN STREET FROM A BANK TO A RESTAURANT. GROSS SQUARE FOOTAGE OF BUILDING TO REMAIN THE SAME. NEW OUTDOOR PATIO. EXISTING PARKING TO BE REDUCED BY 2 SPACES. VICINITY MAP APPLICABLE CODES: CURRENT EDITION CITY OF SEAL BEACH MUNICIPAL CODE 2022 CALIFORNIA BUILDING CODE 2022 CALIFORNIA FIRE CODE 2022 CALIFORNIA MECHANICAL CODE 2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA ELECTRICAL CODE 2022 CALIFORNIA ENERGY CODE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE SITE SITE PLAN SCALE: 1/8" = 1'-0" 1 PROPERTY LINE EXISTING PERIMETER WALLS LEGEND CENTERLINE OF STREET NEW COLUMNS AT COVERED PATIO E W S N ZONING DESCRIPTION EXISTING PROPOSED CONFORMS OCCUPANCY / USE GROUP B - BANK GROUP A-2 - RESTAURANT YES ZONE MSSP MSSP YES LOT AREA 11,750 SQ. FT.11,750 SQ. FT.YES LOT WIDTH (AVG.)100'-0" 100'-0"YES LOT DEPTH (AVG.)117'-6"117'-6"YES BUILDING HEIGHT 42'-11" 32'-8"NO PROJECT DATA DESCRIPTION EXISTINGPROPOSED PROPOSED GROSS BUILIDING AREA: 6,426 SQ. FT. 6,426 SQ. FT. COVERED PATIO: 497 SQ. FT. SHEET INDEX A-1 TITLE SHEET / SITE PLAN A-2 PROPOSED FLOOR PLAN A-3 PROPOSED SECOND FLOOR PLAN / PROPOSED ROOF PLAN A-4 PROPOSED NORTH & SOUTH ELEVATIONS A-5 PROPOSED EAST & WEST ELEVATIONS USE/OCCUPANCY OCCUPANCY: GROUP A-2 USE: PROPOSED RESTAURANT CONSTRUCTION TYPE:V-B SPRINKLERS: NOT EXIST. (PROPOSED) STORIES:2 EXIST. PARKING 1 ADA / 18 STANDARD 2 ADA / 15 STANDARD NO CENTRAL AVENUEMAIN STREET11 EXISTING STD. SPACES (NO CHANGE PROPOSED) 4 PROPOSED STD. SPACES (7 PREVIOUS) 1 ACCESSIBLE SPACE (1 PREVIOUS) NEW TRASH ENCLOSURE 1 VAN ACCESSIBLE SPACE (0 PREVIOUS)6'-0"8'-0"13'-3"7'-0" 9'- 0 " 9'- 0 " 9'- 0 " 9'- 0 " 9'- 0 " 9'- 0 " 8'- 0 " 15.49' F.S.EXISTING BANK TO BE RESTAURANT 15.96' F.F. NEW COVERED PATIO 117.50'100.00'5'-0"7'-6" 10'-11" NEW BYCICLE RACK TO REPLACE EXISTING FOR TWO BYCICLE STALLS. 117.50'100.00'114'-0"50'-0"5'-4"11'-4" SCALE: 1/4" = 1'-0" 1 CENTRAL AVENUEMAIN STREETSITE PLAN / FLOOR PLAN 11 EXISTING STD. SPACES (NO CHANGE PROPOSED) 4 PROPOSED STD. SPACES (7 PREVIOUS)1 ACCESSIBLE SPACE (1 PREVIOUS) TRASH ENCLOSURE (N) 1 VAN ACCESSIBLE SPACE (0 PREVIOUS)6'-0"7'-0" 9'- 0 " 9'- 0 " 9'- 0 " 9'- 0 " 9'- 0 " 9'- 0 " 8'- 0 " WOMEN'S RESTROOMS MEN'S RESTROOMS 15.49' F.S.RESTAURANT (ALL FIXTURES, FURNISHINGS, AND EQUPMENT SHOWN ARE FOR CONCEPT ONLY) 15.96' F.F. A-2 PROPOSED FIRST FLOOR PLAN E W S N NEW COVERED PATIO THESE ARE CONCEPTUAL DESIGNS ONLY FOR A RESTAURANT AND PRESENTED FOR CUP APPLICATION PURPOSES ONLY. CONSTRUCTION DRAWINGS WILL DIFFER FROM SUCH. THESE CONCEPTUAL DRAWINGS DO NOT INCLUDE ANY BUILDING CODE APPLICATION NOR ACCESSIBILITY REQUIRMENTS. NEW SLIDING DOOR TO PATIO NEW WINDOWS FACING MAIN STREET WITH AWNING ABOVE NEW WINDOWS FACING MAIN STREET WITH AWNING ABOVE NEW WINDOW WITH AWNING ABOVE NEW WINDOW WITH AWNING ABOVE NEW WINDOW WITH AWNING ABOVE NEW ENTRY DOOR WITH AWNING ABOVE KITCHEN UP 114'-0"50'-0"5'-4"11'-4"16'-7"30'-1"606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: 208 MAIN STREET LLC 208 MAIN STREET SEAL BEACH, CA 90740 AGENT: SCOTT LEVITT 311 MAIN STREET, SUITE #8 SEAL BEACH, CA 90740 562-493-7548 DATE OF PREPARATION: DECEMBER 9, 2024 PROJECT ADDRESS: 208 MAIN STREET ACCESSORS PARCEL NO.: 199-043-11 LOT:6 BLOCK:109LICENS E D ARCHI TE CTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON 208 MAIN ST. 208 MAIN STREET SEAL BEACH, CA 90740 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: 208 MAIN STREET LLC 208 MAIN STREET SEAL BEACH, CA 90740 AGENT: SCOTT LEVITT 311 MAIN STREET, SUITE #8 SEAL BEACH, CA 90740 562-493-7548 DATE OF PREPARATION: DECEMBER 9, 2024 PROJECT ADDRESS: 208 MAIN STREET ACCESSORS PARCEL NO.: 199-043-11 LOT:6 BLOCK:109LICENS E D ARCHI TE CTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON 208 MAIN ST. 208 MAIN STREET SEAL BEACH, CA 90740 A-3 EXISTING SECOND FLOOR PLAN AND PROPOSED ROOF PLAN SCALE: 1/4" = 1'-0" 1 EXISTING SECOND FLOOR PLAN (NO CHANGE PROPOSED) E W S N SCALE: 1/4" = 1'-0" 1 PROPOSED ROOF PLAN DOWN ROOF ACCESS EXISTING MECHANICAL ROOM AREA OF NEW ROOF TO HIDE EQUIPMENT LOCATED ON ROOF FROM PEDESTRIAN VIEW REMOVE CUPULA 15'-6"50'-0" 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: 208 MAIN STREET LLC 208 MAIN STREET SEAL BEACH, CA 90740 AGENT: SCOTT LEVITT 311 MAIN STREET, SUITE #8 SEAL BEACH, CA 90740 562-493-7548 DATE OF PREPARATION: DECEMBER 9, 2024 PROJECT ADDRESS: 208 MAIN STREET ACCESSORS PARCEL NO.: 199-043-11 LOT:6 BLOCK:109LICENS E D ARCHI TE CTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON 208 MAIN ST. 208 MAIN STREET SEAL BEACH, CA 90740 A-4 PROPOSED NORTH & SOUTH ELEVATIONS 15.96' FIN. FLOOR (EXISTING) 15.49' GRADE AT SIDEWALK 41.629' T.O.R. (EXISTING) 48.13' T.O. CHIMNEY (EXISTING) 45.726' T.O.R. (EXISTING)25'-8"29'-9"32'-2"15.96' FIN. FLOOR (EXISTING) 41.629' T.O.R. (EXISTING) 48.13' T.O. CHIMNEY (EXISTING)25'-8"32'-2"58.85' T.O. CHIMNEY (EXISTING)42'-5"NORTH ELEVATION SCALE: 1/4" = 1'-0" 1 SOUTH ELEVATION SCALE: 1/4" = 1'-0" 1 LEGEND STANDING SEAM METAL ROOF KEYNOTES KEYNOTE DESIGNATIONXX 01 02 STEEL AND GLASS AWNING STEEL AND GLASS PATIO COVER 03 FASCIA BOARD TO BE PAINTED 04 COPPER GUTTER 05 DARK BRONZE ALUMINUM DOORS & WINDOWS 06 EXISTING CHIMNEY WITH METAL PARAPET CAP STONE VENEER 01 02 01 01 01 03 04 05 05 05 05 06 REMOVE CUPULA OUTLINE OF EXISTING ROOF REMOVE CUPULA 01 03 04 06 OUTLINE OF EXISTING ROOF 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: 208 MAIN STREET LLC 208 MAIN STREET SEAL BEACH, CA 90740 AGENT: SCOTT LEVITT 311 MAIN STREET, SUITE #8 SEAL BEACH, CA 90740 562-493-7548 DATE OF PREPARATION: DECEMBER 9, 2024 PROJECT ADDRESS: 208 MAIN STREET ACCESSORS PARCEL NO.: 199-043-11 LOT:6 BLOCK:109LICENS E D ARCHI TE CTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON 208 MAIN ST. 208 MAIN STREET SEAL BEACH, CA 90740 A-5 PROPOSED EAST & WEST ELEVATIONS 15.96' FIN. FLOOR (EXISTING) 00.00' NATURAL GRADE 41.629' T.O.R. (EXISTING) 48.13' T.O. CHIMNEY (EXISTING)26'-1"32'-8"15.96' FIN. FLOOR (EXISTING) 15.49' NATURAL GRADE 45.726' T.O.R. (EXISTING) 48.13' T.O. CHIMNEY (EXISTING)30'-3"30'-3"LEGEND STANDING SEAM METAL ROOF STONE VENEER EAST ELEVATION SCALE: 1/4" = 1'-0" 1 WEST ELEVATION SCALE: 1/4" = 1'-0" 1 KEYNOTES KEYNOTE DESIGNATIONXX 01 02 STEEL AND GLASS AWNING STEEL AND GLASS PATIO COVER 03 FASCIA BOARD TO BE PAINTED 04 COPPER GUTTER 05 DARK BRONZE ALUMINUM DOORS & WINDOWS 06 EXISTING CHIMNEY WITH METAL PARAPET CAP REMOVE CUPULA 01 03 04 06 02 REMOVE CUPULA 01 03 04 06 01 05 05 05 CITY OF SEAL BEACH COUNCIL POLICY SUBJECT STANDARD CONDITIONS FOR ALCOHOL RELATED LAND USES SECTION INDEX NO ISSUE DATE REVISION DATE COUNCIL CM APPROVAL 600 1 2/1993 APPROVAL 2/22/ 1993 1. SCOPE Citywide. 2. PURPOSE AND INTENT To require the Planning Commission to utilize the following listing of Standard Conditions for approval of alcohol related land uses. 3. POLICY This policy shall require the Planning Commission to utilize the following Standard Conditions when considering the approval of permits for Alcohol Related Land Uses through the approval of a Conditional Use Permit application. Specific conditions may be modified or deleted by the Planning Commission upon a determination that one or more conditions cannot be properly applied to the request under consideration. Nothing in this policy statement shall limit the authority of the Planning Commission to impose additional conditions of approval upon alcohol related land uses pursuant to the authority granted the Planning Commission by the Code of the City of Seal Beach. D. STANDARD CONDITIONS OF APPROVAL FOR APPROVAL OF ALCOHOL RELATED LAND USES ON AND OFF PREMISES SALES: 1 CUP @ (application number) is approved for (number and type of license) at (street address) and is issued to (name of applicant) for (name of business) 2 The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 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 S 23000 to 2600, including but not limited to Rule 61.3(a) and 61.4, included as information below: S 61.3 Undue Concentration. Standard Conditions of Approval for Alcohol Related Land Uses) a) For the purpose of Section 23958 of the Alcoholic Beverage Control Act, undue concentration includes, but is not limited to, conditions as set forth below: The applicant premises for an original or premises-to-premises transfer of any retail license are located in a crime reporting district which as a 20% greater number of reported, crimes, as defined in subsection (b), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency if the following conditions exist: 9) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. 2) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. Notwithstanding the above, the department may issue a license if the applicant shows that public convenience or necessity would be served by such issuance. This rule does not apply where the premises have been licensed and operated with the same type license within 90 days of the application." S 69.4 Proximity to Residences. No original issuance of a retail license or premises-to-premises transfer of a retail license shall be approved for premises at which either of the following conditions exist: a) The premises are located within 900 feet of a residence. b) The parking-lot or parking area which is maintained for the benefit of patrons of the premises, or operated in conjunction with the premises, is located within 900 feet of a residence. Where the parking lot is maintained for the benefit of patrons of multiple businesses in the vicinity of the premises, the parking lot area considered for the prupose of this rule shall be determined by the area necessary to comply with the off-street parking requirements mandated by local ordinance, or if there are no local requirements for off street parking, then the area which would reasonably be necessary to accomoodate the anticipated parking needs of the premises, taking into consideration the type of business and operation contemplated. Distances provided for in this rule shall be measured by airline from the closest edge of any residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area, as defined herein above, whichever distance is shorter. Standard Conditions of Approval for Alcohol Related Land Uses) This rule does not apply where the premises have been licensed and operated with the same type license within 90 days of the application. Notwithstanding the provisions of this rule, the department may issue an original retail license or transfer a retail license premises-to-premises where the applicant establishes that the operation of the business would not interfere with the quiet enjoyment of property by residents." 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 hours of operation shall be A.M. to P.M./A.M. daily. Or The hours of operation shall be A. M. to P.M./A.M., Sunday through Thursday, and A.M. to P.M./A.M., Friday and Saturday. 5 No video games or similar amusements shall be permitted on the premises. 6 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. 7 The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 8 This Conditional Use Permit shall not become effective for any purpose unless an "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 ten (10) day appeal period has elapsed. 9 A modification of this Conditional Use Permit shall be obtained when: a) The establishment proposes to change its type of liquor license. b) The establishment proposes to modify any of it's current conditions of approval. c) There is a substantial change in the mode or character of operations of the establishment. 10 The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of Standard Conditions of Approval for Alcohol Related Land Uses) the Code of the City of Seal Beach occurs, or for those reasons specified by Article 28 and in the manner specified in Article 25 of Chapter 28 of the Code of the City of Seal Beach. 11 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. Alighting plan shall be provided, subject to review and approval by the Director of Development Services, which promotes minimal disturbance to nearby residences. 12 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. 13 The establishment shall have a public telephone listing. 14 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. 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 laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injur, kill, or 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 for dealing with intoxicated customers and recognizing underage customers. The following organizations have been identified by the State Department of Alcoholic Beverage control as providing training programs which comply with the above criteria; 1) Department of Alcoholic Beverage Control L.E.A. D. Program Telephone: (714) 558-6482 2) Orange County A..D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program Telephone: (714) 568-5187 . 15 Litter and trash receptacles shall be located at convenient locations inside and outside the establishment and operators of such establishments shall remove trash ' Standard Conditions of Approval jorAlcohol Related Land Uses) and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trans and/or glass bottles outside the establishment between the hours of 10:00 P. M. and 7:00 A. M. 16 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 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. 17 This Conditional Use Permit shall become null and void unless exercised within one (I) 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 ninety (90) days prior to such expiration date. 18 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. 19 Conditional Use Permit # (application number) shall be automatically terminated if the operation is no longer maintained as a "Bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 20 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 the State of California Department of Alcoholic Beverage Control. 21 The proposed facility shall comply with Chapter 13D, "Noise Control," of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 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 indicating that drinking outside the licensed premises is prohibited by law. standard Conditions ofApproi~al for Alcohol Related Land Uses) 23 The knowledge and skills deemed necessary for responsible alcoholic beverage services as set forth in Condition No. 15, shall include for on-premise licensed locations, but not be limited to the following additional topics and skills development: a) Method to appropriately pace customer drinking to reduce the risk that the customer will not leave the premises in an intoxicated manner. b) Knowledge of mixology, including marketable alternatives to alcoholic beverages. 24 Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise emplo9yee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not created a public nuisance contrary to public welfare and morals. 25 All alcoholic beverages served in the outdoor dining area must be served in glass containers. 26 All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Planning Commission. 27 Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building Department and Fire Department. 28 The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of sings both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. The premises shall include the licensed premises prior, appurtenant and required parking areas, and appurtenant common areas if locate din a commercial center. Depending upon the complexity of the issue under consideration by the Planning Commission, additional conditions of approval may be added to the above listing of items in order to fully insure that the proposed issuance of a land use approval for'ari alcoholic related use is fully compatible with the surrounding neighborhood and that all adverse environmental impacts are mitigated to the fullest extent possible. Standard Conditions of Approval for Alcohol Related Land Uses)