HomeMy WebLinkAboutPC Res 07-45 - 2007-07-18
RESOLUTION NUMBER 07 -45
O.f>/Gh
/114 {
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 06-2, FOR THE
EXTENSION OF CURRENT BUSINESS HOURS AND
AN EXPANSION OF THE EXISTING RESTAURANT
AREA INTO AN ADJACENT RETAIL SPACE WITHIN
THE MAIN STREET SPECIFIC PLAN (MSSP) ZONE
FORBEACHWOOD BBQ RESTAURANT AT 131-131 Y2
MAIN STREET, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section I. On June 19, 2007, Gabriel Gordon filed an application with the
Department of Development Services for Conditional Use Pennit 07-8 with the Department of
Development Services.
Section 2.
The applicant is requesting approval of the following:
o To extend the general business operating hours to 7:00 a.m. to 10:00 p.m.
Sunday through Thursday, and 7:00 a.m. to 11 :00 p.m. Friday, Saturday,
and Holidays; AND
o To expand the existing restaurant area into an adjacent retail space at 131
Main Street
Section 3. Pursuant to 14 Calif. Code of Regs. 9 15301 and 9 II.B of the
City's Local CEQA Guidelines, staffhas detemlined as follows: The application for Conditional
Use Penuit 07-8 for the requested land use entitlements for a restaurant with on-sale beer and
wine service is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. 9 1530 I (Existing Facilities), because the
proposal involves interior alterations involving interior partitions, plumbing, and electrical
conveyances.
Section 4. A duly noticed public hearing was held before the Planning
Commission on July 18, 2007, to consider the application for the Indefinite Extension of CUP
07-8.
Section 5.
The record of the hearing of July 18, 2007 indicates the following:
1 of 10
Planning C011lmiSSlOn ResolutIOn No. 07-45
Conditional Use Permit 07-8
Beachwood BBQ - 13 1- I 3 I ~ Main Street
July 18. 2007
(a) On June 19,2007, Gabriel Gordon filed an application with
the Department of Development Services for Conditional Use Pennit 07-8, requesting approvals
of the following:
o To extend the general business operating hours to 7:00 a.m. to 10:00 p.m.
Sunday through Thursday, and 7:00 a.m. to 11 :00 p.m. Friday, Saturday,
and Holidays; AND
o To expand the existing restaurant area into an adjacent retail space at 131
Main Street
(b)
assessor's parcel # 199-034-07.
The subject property IS described as Orange County
(c) The proposed expanded restaurant wi II encompass
approximately 44 seats at 22 tables and a counter area with approximately 5 seats within a gross
floor area of approximately 1,620 square feet. The restroom, dish room, and storage and locker
rooms occupy approximately 800 square feet of that gross floor area in the rear of the subject
building space.
(d) The subject lease space is rectangular shaped, having
approximately 34 feet of frontage on Main Street and encompassing approximately 1,620 square
feet. The subject property is developed with existing single story retail buildings that contain a
total of approximately 7,440 square feet ofleasable space, including the 1,250 square foot Swiss
Dot, the 780 square foot Sunset Boulevard Hair Salon, the 1,500 square foot Angelo's Deli, and
a vacant 1,500 square foot retail space (formerly Main Street Cyclery).
(e) The subject property has received the following approvals
from the City:
o CUP 74-2 was approved by the Plmming Commission on April 17,1974,
for a one-year approval of a restaurant (Raz Mataz) with on-site sale of
beer and wine. (Resolution #823)
o CUP 75-4 was approved by the Planning Commission on April 16, 1974,
for the aforementioned restaurant (Raz Mataz) for on-sale beer and wine
in conjunction with a restaurant. (Resolution #905)
o CUP 89-5 was approved by the Planning Commission on July 5, 1989 for
the transfer of the existing on-sale beer and wine license, in conjunction
with the transfer of ownership of the existing restaurant. At this time, the
restaurant name was changed to 'Don Juan's Taco House'. (Resolution
#1545) An indefinite extension of CUP 89-5 was approved by the
Planning Commission on July 18, 1990. (Resolution #1584)
2 of 1 0
Planning Commission Resolution No 07-45
Conditional Use Permit 07-8
Beach wood BBQ -/31-/31 'h Main Street
July 18. 2007
(t) The nearest residential property is located to the west of the
propel1y, across the alley, approximately 75 feet from the rear of the subject property.
(g) The surrounding land uses and zoning are as follows:
NORTH, SOUTH,
and EAST Retail businesses in the Main Street Specific Plan (MSSP) Zone.
WEST Residential uses in the Residentia] High Density (RHD) Zone.
(h) Lieutenant Tim Olsen with the Seal Beach Police
Department was contacted on July 6, 2007 regarding the existll1g business and stated that SBPD
has had no calls for service at the subject address and that SBPD would have "no reason to deny
the (applicant's) request."
(i) As of July ]2, 2007 the PI aIming Department has not
received any comments to the public hearing notices published and mailed regarding this
application.
Section 6. Based upon the facts contained in the record, including those stated
in 94 of this resolution and pursuant to 99 18-1250,28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) The approval of Conditional Use Permit 07-8, as proposed
to be conditioned relating to business operations regarding alcohol sales, is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a Main Street
Specific Plan zoning designation for the subject property and pem,its the on-premise sale of beer
and wine, subject to the issuance of a conditional use pennit. The use 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 based on the following:
(1) The expanded restaurant would be a posItIve
addition to the commercial character of Main Street, provides services to the residents of the
community and visitors to the City, while providing an additional restaurant option on Main
Street.
(2) The expanded restaurant is in conformance with
several urban design factors that are identified within the adopted Main Street Specific Plan and
the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250 through 28-1257 of
the Seal Beach Municipal Code. The applicable urban design factors include:
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
3 of 10
Planning CommiSSIOn ResolutIOn No. 07-45
ConditIOnal Use Penn it 07-8
Beach wood BBQ - 131-131 'lj Maw Street
July 18.2007
(3) The expanded restaurant reinforces the above
identified urban design factors specified in the Main Street Specific Plan and fmiher complies
with the provisions of Section 28-l253.A.l, 28-1253.AA, and Section 28-1253.A.6., which
discusses transparency of store fronts; fa9ade setbacks, and fa9ade width and appearance of
interconnecting bui Idings.
(4) The expanded restaurant area of 1,620 square feet
requires the provision of 9 additional off-street parking spaces, or the payment of an additional
in-lieu parking fee of $3,500.00 per space in accordance with the provisions of Section 28-1256
of the Main Street Specific Plan Zone standards. The total 'in-lieu" fee that will be required to
be paid for the new retail wine sales store use is $31,500.
(5) The existing use of the subject premises as a
restaurant is compatible with the surrounding neighborhood given the existing concentration of
on and off-premise alcohol licenses within the "Old Town" area of the City, as set forth in the
Planning Commission Staff Report.
(b) The eXlstmg use, as conditioned regarding business
operations by the City and by the State Department of Alcoholic Beverage Control, is consistent
with the intent and purpose and vision established for the Main Street Specific Plan based on the
following:
(1) The provision of a restaurant is in conformance with
several urban design factors that are identified within the adopted Main Street Specific Plan and
the resulting Main Street Specific Plan Zone, as set fOlih in Sections 28-1250 through 28-1257 of
the Seal Beach Municipal Code. The applicable urban design factors include:
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(2) The expanded restaurant reinforces these identified
urban design factors specified in the Main Street Specific Plan and further complies with the
provisions of Section 28-l253.A.l, 28-1253.AA, and Section 28-l253.A.6., which discusses
transparency of store fronts; fa9ade setbacks; and fayade width and appearance of
interconnecting buildings.
(3) The expanded restaurant is located within a Census
Tract, 995.12, that has been identified by the State Department of Alcoholic beverage Control as
being over-concentrated. The previous issuance of a Type 41, On Sale Beer and Wine - Eating
Place license by the Department of Alcoholic Beverage Control is compatible with the goals and
policies of the Main Street Specific Plan, based on the alcohol and drug related incident and
arrest information entered into the record of the public hearing, and the limitations of the
business operation imposed under the terms of the applicable operating license from the
Department of Alcoholic Beverage Control.
(4) The record of alcohol and drug related incidents and
arrests presented by the Police Department, regarding the Main Street Specific Plan Area
indicate a minor correlation with on-premise alcohol sales and these types of incidents and
4 of 10
Planning Commission ResolutIOn No. 07-45
CO/lditlOnal Use PermIt 07-8
Beachwood BBQ - 13 1-13 I Ih Main Street
July 18. 2007
arrests, and further indicate that off-premise alcohol sales establishments generate significantly
less incidents that establishments with an on-premise alcohol sales license.
(5) The existing use of the subject premises as a
restaurant is compatible with the surrounding neighborhood given the existing record of
incidents at on-premise alcohol sale licensed locations within the "Old Town" area of the City.
(c) The building and property at 131-13lYz Main St. are
adequate in size, shape, topography and location to meet the needs of the proposed use of the
property, as proposed to be conditioned based on the foUowing:
(1) The expanded restaurant location is blocked by the
mass of the existing I-story commercial buildings located adjacent to the subject property and
therefore noise impacts to the residential neighbOlhood to the west would not be expected to be
adverse from the business functions.
(2) The expanded restaurant is 1,620 square feet in size
and accommodates approximately 44 seats at 22 tables and an additional 5 counter seats. The
restroom, dish room, and storage and locker rooms occupy approximately 800 square feet in the
rear of the subject building space.
(d) Required adherence to applicable building and fire codes
ensures there will be adequate water supply and utilities for the proposed use based on the
following:
(1) The expanded restaurant is reqUIred to comply with
all standard building, fire, and health code provisions for the proposed uses of the subject
property.
(2) The applicants will be required to pay the required
in-lieu parking fee of $31,500 in accordance with the provisions of Section 28-1256, or secure
additional off-site parking in accordance with the provisions of Section 28-1255, or a
combination thereof, prior to granting of the CUP for the expanded restaurant.
(e) The existing use does not conflict with the Specific Plan's
goal to establish and maintain a balanced mix of uses that serve the needs of both local and non-
local populations based on the following:
(l) The expanded restaurant will serve both residents
and visitors of Seal Beach.
(2) The expanded restaurant location is blocked by the
mass of the existing I -story commercial buildings located adjacent to the subject property and
therefore noise impacts to the residential neighborhood to the west would not be expected to be
adverse from the business functions.
(3) The expanded restaurant is located within a Census
Tract, 995.] 2, that has been identified by the State Department of Alcoholic Beverage Control as
being over-concentrated.
5 of 10
Planning Commission ResolutIOn No 07-45
Conditional Use Permit 07-8
Beachwood BBQ - 131- 131 1f:z Mal/1 Street
July 18. 2007
(4) The record of alcohol and drug related incidents and
arrests presented by the Police Department, and included within the Planning Commission Staff
Report, regarding the Main Street Specific Plan Area indicate a minor correlation with off-
premise alcohol sales and these types of incidents and arrests, and further indicate that off-
premise alcohol sales establishments generate significantly less incidents that establishments
with an on-premise alcohol sales license.
(5) The use of the subject premises as a restaurant is
compatible with the surrounding neighborhood given the existing record of incidents at on and
off-premise alcohol sale licensed locations within the "Old Town" area of the City, as set forth in
the Planning Commission Staff Report.
(t) The use will contribute to the unique character of Main
Street and the qualities that provide Main Street a sense of identity based on the following:
(1) The expanded restaurant will comply with several
urban design factors that are identified within the adopted Main Street Specific Plan and the
resulting Main Street Specific Plan Zone, as set fOlth in Sections 28-1250 through 28-1257 of the
Seal Beach Municipal Code. The applicable urban design factors include:
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(2) The expanded restaurant reinforces these identi fled
urban design factors specified in the Main Street Specific Plan and fmiher complies with the
provisions of Section 28-l253.A.l, 28-l253.A.4, and Section 28-1253.A.6., which discusses
transparency of store fronts; fa<;:ade setbacks; fa<;:ade width; and appearance of interconnecting
buildings.
(3) The existing use of the subject premises as a
restaurant is compatible with the surrounding neighborhood given the existing record of
incidents at on-premise alcohol sale licensed locations within the "Old Town" area of the City.
(g) The existing use complies with all applicable City Council
Policies, such as the policies the Council has adopted concerning alcohol uses based on the
following:
(h) The expanded restaurant is conditioned for approval
utilizing all applicable standard conditions adopted by City Council Policy 600-1, on February
22, 1993.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 07-8, subject to the following conditions:
6 of 10
Planning Comn1/.l'slOl/ Resolution No 07-45
CondItIOnal Use Permit 07-8
Beachwood BBQ- 131-/3llh Mmn Street
July 18, 2007
1. Conditional Use Permit 07-8 is approved for the extension of current business hours and
the expansion of the existing restaurant area into an adjacent retail space at 131-] 31 ~
Main Street.
2. The applicant shall comply with all restrictions placed on the license issued by the State
of California's Department of Alcoholic Beverage Control (ABC).
3. All alcoholic beverages sold or consumed on the premises shall be in accordance with the
license temlS of the Alcohol Sales License issued by the State of California Depaliment
of Alcoholic Beverage Sales. Consumption of alcoholic beverages is prohibited outside
the establishment's enclosed building space. There shall be posting of signs both inside
and outside the licensed premises indicating that law prohibits drinking outside the
licensed premises.
4. 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 Califomia law.
5. The kno~ ledge and skills deemed necessary for responsible alcoholic beverage service
shall include, but not be limited to the following topics and skills development:
o State law relating to alcoholic beverages, particularly ABC and penal provisions
conceming sales to minors and intoxicated persons, driving under the influence,
hours oflegal operation and penalties for violation of these laws.
o The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, harm themselves
or innocent victims as a result of the excessive consumption of alcoholic beverages.
o Alcohol as a dmg and its effects on the body and behavior, including the operation of
motor vehicles.
o Methods of dealing with intoxicated customers and recognizing under age
customers.
6. The following organizations provide training programs, which comply with the above
criteria:
o Provider: Department of Alcoholic. Beverage Control
Program: Licensee Education on Alcohol & Dmgs (LEAD)
Telephone:(714) 558-4101
Date: 1st! Monday of each month
Time: 10:00 a.m. to 1 :30 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Santa Ana
o Provider:
Program:
Orange County Health Care Agency
Alcohol & Dmg Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
7 of 10
Planmng CommissIOn Resolution No 07-45
ConditIOnal Use Pennll 07-8
Beachwood BBQ - 13 1- I 3 I 'h Main Street
July 18, 2007
Telephone:(714) 834-2860 * Karen Keay
Date: They will schedule appointments
Cost: $12.95 per person
7. The hours of operation shall be:
o 7:00 a.m. to 10:00 p.m. Sunday through Thursday;
o 7:00 a.m. to 11 :00 p.m. Friday, Saturday, and Holidays
8. No video games or similar an1Usements shall be pennitted on the premises unless a
separate conditional use permit is approved for that lIse.
9. 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 10:00 p.m. and 7:00
a.m.
10. In the event staff detennines security problems exist on the site, the Conditions of this
pennit may be amended, under the procedures of The Code of the City of Seal Beach, to
require the provisions of additional security measures.
11. The project proponent shall pay the required in-lieu parking fee of $ 31,500.00 in
accordance with the provisions of Section 28-1256, or secure the number of deficient
parking spaces (presently 9 spaces) on an off-site location in accordance with the
provisions of Section 28-1255, or a combination thereof, to the satisfaction of the
Director of Development Services prior to granting the Conditional Use Permit.
12. The establishment 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
anlended. Should complaints be received regarding noise generated by the establishment,
the Planning Commission reserves the right to schedule the subject CUP for
reconsideration and may require the applicanUoperator to mitigate the noise level to
comply with the provisions of Chapter 130.
13. A modification of this CUP 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 ClllTent ConditIons of
Approval.
c. There is a substantial change in the mode or character of operations of the
establishment.
14. The Planning Commission reserves the right to revoke or modify this CUP 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,
8 of 10
Planning Commissioll Resolution No. 07-45
COI1{l1tional Use Permit 07-8
Beachwood BBQ - 13 I -I 3 11, Main Street
July 18, 2007
including but not limited to the congregation of minors, violence, public drunkenness,
vandalism, solicitation and/or litter.
15. The applicant shall provide a sign at or on the front of the building, near the entrance and
visible to patrons, indicating that additional parking is available at the rear of the
building.
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.
17. The applicant shall indemnify, defend and hold hamlless 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 pennitted 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
pennitted by this Conditional Use Pemlit, and from any and all claims and losses
occurring or resulting to any person, firm, corporation or property for damage, inj ury or
death arising out of or connected with the perfonnance of the use permitted hereby.
Applicant's obligation to indemnify, defend and hold harmless the City as stated herein
shall inchide, 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 attomeys' fees in any such lawsuit or action.
18. This Conditional Use Pemlit shall not become effective for any purpose unless/until a
City "Acceptance of Conditions" fornl has been signed by the applicant in the presence of
the Director of Development Services, or notarized and returned to the Planning
Department; and until the ten (10) calendar-day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 18th day of July 2007 by the following vote:
AYES: Commissioners Roberts, Bello, Delay, and Massa-lavitt
NOES: Commissioners None
ABSENT: Commissioners Deaton
ABST AlN: Conmlissioners None
9 of 10
Lee Whittenberg
Secretary, Planning CommissiOn
****
10 of 10
Planning COlllmisslOn Resolution No 07-45
ConditIOnal Use Permit 07-8
Beacllwood BBQ - /3 1-13 I If:1 Main Street
July 18. 2007
ary oberts
-Chairperson, Planning Commission