HomeMy WebLinkAboutPC Res 00-33 - 2000-09-20
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RESOLUTION NUMBER 00-33
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 00-10,
ALLOWING THE SALE OF BEER AND WINE
FOR ON PREMISES CONSUMPTION (1198
PACIFIC COAST HIGHWAY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On August 8, 2000, Joseph Barbara (the "Applicant") filed
an application with the Department of Development Services for Conditional Use Permit
00-10, for the ability to sell beer and wine for on-premises consumption only.
Section 2. Pursuant to 14 Calif. Code of Regs. Ii 15301 and Ii II.B of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
CUP 99-10 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.
Ii 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 00-10. 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 following:
The record of the hearing of September 20, 2000 indicates
(a) On August 8, 2000, Joseph Barbara submitted an application for
CUP 00-10 with the Department of Development Services.
(b) Specifically, the applicant is proposing to sell beer and wine for on
premises consumption only.
(c) The subject restaurant contains approximately 2400 sq. fl.,
including a 400 square foot outdoor dining area. '
C:\My Documents\RESO\CUP 00-10. 1198 PCH.PC Rcso.doc\LW\09-21.00
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Planninf/t,mmission Resolution 00-33
CUP 00-/0, 1198 Pacific Coast Highway
September 20, 2000
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(d) The subject property is described as Orange County Assessor's
parcel number 043-122-36
(e) The surrounding land uses and zoning are as follows:
o EAST & WEST-Retail businesses in the General
Commercial (C-2) zone.
o NORTH - Retail businesses in the General Commercial (C-
2) zone & Residential Housing in a Residential Low
Density (RLD) zone
o SOUTH- Zoeter field and "Surf & Sun" preschool in a
Public Land Use (pLUIR) zone and Residential Housing in
a Residential High Density (RHD) zone.
(f) Captain John Schaeffer of the Seal Beach police department said
that he has no objections regarding the granting of this requesl.
Section 5. Based upon the facts contained in the record, including
those stated in \i4 of this resolution and pursuant to \i\i 18-1400,28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 00-10 is consistent with the provisions of
the Land Use Element of the City's General Plan, which provides a "General
Commercia]" zoning designation for the subject property and permits alcoholic beverage
sales subject to the issuance of a conditional use permil. The proposed conditional use
permit is to allow the on-premise sale of beer and wine as part of an existing restaurant
operation. 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.
(b) The building and property at 1198 Pacific Coast Highway are
adequate in size, shape, topography, and location to meet the needs of the proposed on-
premise sale of beer and wine as part of an existing restaurant operation.
(c) The proposed on-premise sale of beer and wine as part of an existing
restaurant operation, as conditioned, are consistent with surrounding residential and
commercial uses, in that a restaurant use has been in operation at the site for more than 10
years.
(d) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 00-10, subject to the following conditions:
CUP ()()..lO. 1198 PCH.PC Reso
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Planninf/t,mmission Resolution 00-33
CUP 00-/0, 1198 Pacific Coast Highway
September 20, 2000
1. CUP # 00-10 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-Iicensed
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 applicantJIicensee 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.
D 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.
D 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:
D Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
Denartment of Alcoholic Beveraee Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1st' Monday of each month
10:00 a.m. to 1:30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
CUPOO-JO. 119& PCH.PC Reso
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Plannin.mmiSSion Resolution 00-33
CUP 00-10, 1198 Pacific Coast Highway
September 20, 2000
Program:
Telephone:
Date:
Cost:
Oranl!e Countv Health Care Al!encv
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$12.95 per person
o Provider:
7. The hours of operation shall be 7 AM to 10 PM, Sunday through Thursday and 7
AM to 11 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 bevcrages.
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.
II. 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 applicant/operator 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
CUP 00-10, 11981'CRI'C Rcso
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Plannin"'mmiSSion Resolution 00.33
CUP 00.10, I 198 Pacific Coast Highway
September 20, 2000
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.
17. 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 current Conditions of
Approval.
c. 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 Citv 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. Whenever the outdoor dining area is being utilized for the sale, service or
consumption of alcoholic beverages, a premise employee shall be in attendance.
He/she must maintain continuous supervision at all times to ensure the outdoor
dining area does not create a public nuisance contrary to public welfare and
morals.
20. 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 12 months. At the end of the initial term, 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 201h day of September, 2000, by the
following vote:
CUPOO-IO. 1198 PCH.PC Reso
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Planninfl,mmission Resolution 00-33
CUP 00-/0, /198 Pacific Coast Highway
September 20, 2()()()
A YES: Commissioners BROWN, CUTULI, LYON, SHARP, AND CHAIRMAN HOOD
NOES: Commissioners NONE
ABSENT: Commissioners NONE
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Secretary of the Planning Commission
CUP 00-IO.1l9BPCH,1'C Re..,
David Hood, Ph.D"
Chairman of the Planning Commission