HomeMy WebLinkAboutPC Res 00-34 - 2000-09-20
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RESOLUTION NUMBER 00-34
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 00-11, ALLOWING THE SALE OF BEER AND
WINE FOR ON PREMISES CONSUMPTION.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On August 9, 2000, David Morgan (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 00-11, for
the ability to sell beer and wine for on-premises consumption only.
Section 2. Pursuant to 14 Calif. Code of Regs. S 15301 and S I1.B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 99-11
for the proposed sale of beer and wine is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 15305 (Minor
Alterations in Land Use Limitations), because the proposal involves a minor alteration in land
use limitation and does not involve either a property in excess of 20% slope or a change in land
use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on September 20, 2000, to consider the application for CUP 00-11. At the public
hearing the applicant was in attendance, with persons appearing both in favor of and in
opposition to the request.
Section 4.
The record of the hearing of September 20, 2000 indicates the
following:
(a) On August 9, 2000, David Morgan submitted an application for CUP 00-
II with the Department of Development Services.
(b) Specifically, the applicant is proposmg to sell beer and wine for on
premises consumption only.
(c) The subject restaurant contains approximately 1912 sq. ft.
(d) The subject property is described as Orange County Assessor's parcel
number 199-034-04
(f) The City has granted the following approvals for the property:
o CUP 9-84; permitting the sale of beer and wine for on-premises
consumption only. (The ABC license with this request has been cancelled)
(g) The proposed hours of operation are 7 AM to 10 PM Sunday through
Thursday, and 7 AM to II PM Friday and Saturday.
(h) The surrounding land uses and zoning are as follows:
North & South Commercial Businesses in the Main St. Specific Plan (MSSP)
zone
West
Residential housing in a Residential High Density (RHD) zone.
East
Residential housing in a Residential High Density (RHD) and
Commercial businesses in the Main St. Specific Plan (MSSP)
zone.
(i) Captain John Schaeffer of the Seal Beach police department said that he
has no objections regarding the granting of this request.
Section 5. Based upon the facts contained in the record, including those
stated in S4 of this resolution and pursuant to SS 18-1250,28-2503 and 28-2504 of the City's
Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 00-11 is consistent with the provisions of the
Land Use Element of the City's General Plan, as there is a provision for Main St. Specific Plan,
which includes restaurants.
(b) The building and property at 137 Main St. are adequate in size, shape,
topography, and location to meet the needs of the proposed expansion to the existing restaurant.
(c) The proposed use is consistent with the intent and purpose and vision
established for the Main St. Specific Plan.
(d) The proposed 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.
(e) The use will contribute to the unique character of Main St. and the
qualities that provide the Main St. a sense of identity.
(f) The proposed use complies with all applicable City Council Policies, such
as the policies the Council has adopted concerning alcohol uses.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 00-11, subject to the following conditions:
CUP # 00-11 is approved for the ability to serve beer and wine for on sale consumption
only.
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 in conjunction with the on-premise-licensed establishment
must be consumed entirely on the premises prior to closing time. None shall be sold as
take-out. Consumption of alcoholic beverages is prohibited in the establishment's
parking area. 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 applicanUlicensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skill enabling them to comply with
their responsibilities under State of California law.
5 The knowledge 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
concerning sales to minors and intoxicated persons, driving under the influence,
hours of legal 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 drug 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:
Program:
Telephone:
Date:
Time:
Cost:
Place:
o Provider:
Program:
Telephone:
Date:
Cost:
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1st' Monday of each month
10:00 a.m. to I :30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
Orange Countv Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$12.95 per person
7 The hours of operation shall be 7 AM to 10 PM, Sunday through Thursday and 7 AM to
II PM Friday and Saturday.
8 No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use.
9 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.
10 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.
11 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.
12 In the event staff determines security problems exist on the site, the Conditions of this
permit may be amended, under the procedures of The Code of the City of Seal Beach, to
require the provisions of additional security measures.
13 The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
14 There shall be no live entertainment, amplified music, or dancing permitted on the
premises at any time.
15 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
amended. 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 13D.
16 This CUP shall not become effective for any purpose unless/until a City "Acceptance of
Conditions" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Department; and until
the ten (l0) calendar-day appeal period has elapsed.
17 A modification of this CUP shall be applied for when:
d. The establishment proposes to change its type of liquor license.
e. The establishment proposes to modify any of its current Conditions of Approval.
f. There is a substantial change in the mode or character of operations of the
establishment.
18 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,
including but not limited to the congregation of minors, violence, public drunkenness,
vandalism, solicitation and/or litter.
19 This CUP shall become null and void unless exercised within one (1) year of the date of
final approval, or such extension of time as may be granted by the Planning Commission
pursuant to a written request for extension submitted to the Department of Development
Services a minimum of ninety (90) days prior to such expiration date.
21 The term of this permit shall be 6 months. At the end of the initial term, the applicant
may apply for an indefinite extension of CUP 00-11. The commission may grant an
indefinite extension provided that all the conditions of approval have been met and no
significant police or other problems have occurred. The applicant is hereby advised that a
new application and accompanying fee must be paid to the city prior to consideration of
an indefinite extension.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 20'h day of September, 2000, by the following vote:
AYES: Commissioners
Hood, Brown, Cutuli, Lyon, Sharp
NOES: Commissioners
ABSENT: Commissioners
David Hood, Ph.D.,
Chairman of the Planning Co
e Whittenberg
Secretary of the Planning Commis . on