HomeMy WebLinkAboutPC Res 00-23 - 2000-06-14
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Resolution 00-23
CUP 00-4 330 Main St. #F
RESOLUTION NUMBER 00-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 00-4, ALLOWING THE EXPANSION OF AN
EXISTING RESTAURANT AT 330 MAIN ST. #F TO
EXPAND TO INCLUDE AN ADDITIONAL
APPROXIMA TEL Y 600 SQUARE FEET WHlCH lS
CURRENTLY LOCATED IN SUITE E.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section I. On May 3, 2000, Mohamad Tabrizi (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 00-4, for
the expansion of an existing restaurant at 330 Main St. #F to include what is currently suite E.
The expansion represents approximately 600 square feet.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ I1B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 99-4 for
the proposed outdoor dining area is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 1530 I (Existing Facilities) (e),
because the proposal involves a an addition to an existing restaurant which is less than 50% of the
existing floor area; pursuant to ~ 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 6f20% slope or a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on June 14, 2000, to consider the application for CUP 00-4. 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 June 14,2000 indicates the following:
(a) On May 3, 2000, Mohamad Tabrizi submitted an application for CUP 00-4
with the Department of Development Services.
(b) Specifically, the applicant is proposing to expand an existing restaurant by
approxima"tely 600 square feet to include what is currently Suite E.
(c) The subject restaurant contains approximately 960 square feet, not
including the proposed 600 square foot addition.
(d) The subject property is described as Orange County Assessor's parcel
number 043-1 \3-51
(t) The proposed restaurant is a full service restaurant, and sells both an
assortment of non-alcoholic beverages as well as beer and wine.
(g) The City has granted the following approvals for the property:
'.
Resolution 00-23
CUI' 00-4 330 Main St. #F
o CUP 91-15; pen11lttlllg the sale of beer and wine for on-premises
consumption only
(i) The surrounding land uses and zoning are as follows:
North & South
East
Commercial Businesses in the Main St. Specific Plan (MSSP) zone
R'esidential housing in a Residential High Density (RHO) zone and
Zoeter field in a Public Land Use/Recreation (PLU/R) zone.
West
Residential housing in a Residential High Density (RHO) and
Commercial businesses in the Main St. Specific Plan (MSSP)
zone.
G) Captain Gary Maiten of the Seal Beach police department said that he has
no concerns, beyond that of the stall: regarding the granting of this request.
'"
Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~ 18-1250,28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 00-4 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 propeJ1y at 330 Main St. are adequate in size, shape,
topography, and location to meet the needs of the proposed expansion to the existing restaurant.
(c) Required adherence to applicable building and fire codes will ensure 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 00-4, subject to the following conditions:
I. CUP # 00-4 is approved for the expansion of an existing restaurant at 330 Main St. to add
approximately 600 square feet.
2, The applicant remains bound by all conditions of CUP No. 91-15
3. The applicant shall comply with all restrictions placed on the license issued by the State of
California's Department of Alcoholic Beverage Control (ABC).
4. 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.
5. 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 California law.
6. The knowledge and skills deemed necessalY 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
oflegal operation and penalties for violation of these laws.
Resolution 00-23
CUP 00-4 330 Main St. #F
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.
7. 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
I st' Monday of each month
10:00 a.m. to 1 :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
8. The hours of operation shall be as established by Resolution 94-3; 6 AM to 9 PM Sunday
through Thursday, 9 AM to 10 PM Friday and Saturday,
9. No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use,
10. 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,
11. 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,
12. 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,
\3. 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 Citv of Seal Beach, to
require the provisions of additional security measures.
14. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time,
15. There shall be no live entertainment, amplified mUSIC, or dancing permitted on the
premises at any time.
16. 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 I3D,
.
.
Resolution 00.23
CUP 00-4 330 Main St. #F
17. 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 (10) calendar-day appeal period has elapsed.
18. 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.
19. 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.
20. This CUP 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,
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 14th day of June, 2000, by the following vote:
AYES: Commissioners
Brown, Cutuli, Hood, and Lyon
NOES: Commissioners
None
ABSENT: Commissioners
None
~
David Hood, Ph.D."
Chairman of the Planning C
Whittenberg
Secretary of the Planning Commis . n