HomeMy WebLinkAboutPC Res 00-04 - 2000-04-05
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RESOLUTION No. 00-4
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 99-6 (INDEFINITE
EXTENSION), PERMITTING AN ALCOHOL-
RELATED LAND USE AT 1013 PACIFIC COAST
HIGHWAY, SEAL BEACH (PIETRO'S PIZZA
KITCHEN)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE:
Section 1. On February 14,2000, Sook Sung ("the Applicant") filed
an application for CUP 99-6 (Indefinite Extension) with the Department of Development
Services. Through CUP 99-6 (Indefinite Extension), the applicant seeks approval for an
alcohol-related land use at 1013 Pacific Coast Highway, Seal Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S ILB
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for CUP No. 99-6 (Indefinite Extension) is categorically exempt from review pursuant to
the California Environmental Quality Actpursuant to 14 Calif. Code of Regs. S 15301
(Existing Uses), because it involves the negligible expansion of an existing use; pursuant
to S 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a
minor alteration in a land use limitation and does not involve either a property in excess
of20% slope or a change in land use or density; and finally, pursuant to S 15061(b)(3),
because it can be seen with certainty that there is no possibility that the approval may
have a significant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning
. Commission on April 5, 2000 to consider the application for an extension of Conditional
Use Permit 99-6 (Indefinite Extension). At the public hearing the applicant spoke in favor
of the request with no one speaking in opposition.
Section 4.
The record of the hearing of April 5, 2000 indicates the
following:
(a) On June 9, 1999, the Planning Commission approved CUP
99-6 through the adoption of resolution 99-16.
(b) On April 5, 1995 the Planning Commission approved CUP
95-1 through the adoption of Resolution No. 95-8.
(c) The surrounding land uses and zoning are:
NORTH
Single family homes located in the Residential Low
Density (RLD) zone.
SOUTH
A mix of commercial and residential uses and a
church (St. Anne's) in the General Commercial (C-
2) zone and Residential High Density (RHD) zone.
EAST
Single family homes in the RLD zone.
WEST
A mix of commercial and residential uses in the C-2
and RLD zones.
(c) The premises has previously received the following
Planning Commission approvals:
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Planning Commission Resolution No, 00-4
April 5, 2000
1. CUP 99-6
Resolution 99-16
Reinstated Alcohol CUP after license was surrendered
2. Use Variance #UV-3-74
Resolution #558, dated August 4, 1971
Permitting renewal of on-sale beer and wine sales, with the hours of:
11 :00 AM. to 9:00 P.M. weekdays and II :00 A.M. to 10:00 P.M.
Saturdays.
3. Use Variance#UV 5-72
Resolution #661, dated August 2, 1972
Approving for renewal of on-sale beer and wine.
4. Approving renewal of beer and wine sales.
Resolution #855, dated August 7,1974
5. CUP 95-1
Resolution 95-8, dated April 5, 1995
Approved the change of hours to II AM to II PM daily
(d) City staff inspected the subject property on March 29, 2000
and found the restaurant in compliance with all conditions of approval of Resolution 99-
6.
(e) There are no residences within 100' airline distance of
applicant premises. There is a residential tract of homes approximately 165' away. The
rear of these homes parallel the rear of the shopping center, including premises, and are
separated by the shopping center's 65' wide rear common parking lot, a 3' high cinder
block wall, a 60' wide two lane side street with sidewalks and the residential tracts' 6p'
cinder block wall (no access through wall and the residences' backyards).
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(0" City of Seal Beach Police Captain John Schaefer, has
reviewed this application and has no reservations on approving it.
(g) The subject restaurant contains 1,700 square feet which
requires seventeen (17) on-site parking spaces. The shopping center offers ample off-
street parking to the front and rear of the premises, The premises has ample loading zones
as part of the shared center parking.
(h) The City received no responses, written or other, in
response to its mailed notice for the requested extension of CUP 99-6 (Indefinite
Extension).
Section 5. Based upon the facts contained in the record, including those
stated in S 4 of this resolution, and pursuant to SS 24-1300; 1303; 28-2503 and 28-2504
of the City's Code, the Planning Commission hereby finds as follows:
(a) Staff inspected the existing restaurant on March 29, 2000, and found it
in compliance with .all conditions of approval.
(b) CUP No. 99-6 (Indefinite Extension) is consistent with the provisions
of the Land Use Element of the City's General Plan, which provides a
"service commercial" designation for the subject property and permits
the on-sale service of alcoholic beverages subject to the issuance of a
Conditional Use Permit. 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.
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Planning Commission Resolution No, 00-4
April 5. 2000
(c) The building and property at 1013 Pacific Coast Highway are adequate
in size, shape, topography and location to meet the needs of the
proposed use of the property. Required adherence to applicable
building and fire codes ensure there will be adequate water supply and
utilities for the proposed use.
(d) The on-premises sale of beer and wine, if properly conditioned and
enforced, is compatible with the character of the Seal Beach.
Adherence to conditions of approval placed on the use by both the ,
City of Seal Beach and the Department of Alcoholic Beverage Control
should mitigate any negative impacts to neighboring residential
properties. Pietro's has been operating with a valid license for 6
months and has not had any significant problems.
Section 6, Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 99-6 (Indefinite Extension), subject to the
following conditions:
1. CUP #99-6 (Indefinite Extension) is approved for an on-site alcohol use at 1013
Pacific Coast Highway.
2. The applicant shall comply with all restrictions placed upon the license issued by the
State of California Department of Alcoholic Beverage Control.
3. The applicant shall furnish the City a copy of his or her ABC license and a copy of
any conditions placed on the license is received 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 II :00 AM to II P.M. daily.
5. No alcoholic beverages shall be sold to customers using outside dining tables.
6. All alcoholic beverages must be consumed entirely within the building and structure.
7. No video games or similar amusements shall be permitted on the premises.
8. 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.
9. 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.
10. 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.
II. 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 its current conditions of approval.
c) There is a substantial change in the mode or character of operations of the
establishment.
12. Exterior lighting in the parking area shall be kept at a level so as to provide adequate
lighting for patrons while not unreasonably disturbing surrounding residential or
commercial areas. A lighting plan shall be provided, subject to review and approval
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Planning Commission Resolution No, 00-4
April 5, 2000
by the Director of Development Services, which promotes minimal 'disturbance to
nearby residences.
13. In the event staff determines 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,
14. The establishment shall have a public telephone listing,
15. 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 injure,
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:
I) 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.AD.D. or
T.I.P.S. Program.
Telephone: (714) 568-4187
16. Litter and trash receptacles shall be located at convenient locations inside and outside
the establishment, and operators of such establishments shall remove trash and debris
on an appropriate basis so as not to cause a health problem. 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 AM
17. 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.
18. 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 tiIp.e as may be granted by
the Planning Commission pursuant to a written request for ext~nsion submitted to the
Department of Development Services a minimum of ninety (90) days prior to such
expiration date.
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Planning Commission Resolution No, 00-4
April 5, 2000
19. 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.
20, 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
bylaw.
21. Conditional Use Permit #99-6 (Indefinite Extension) 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.
22. The establishment must serve a complete menu of food until thirty (30) minutes prior
to closing time.
23. 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
24. The proposed facility shall comply with Chapter 13D, "Noise Control", of the Code
of the Citv 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.
25. The knowledge and skills deemed necessary for responsible alcoholic beverage
service as set forth in Condition No. 13, shall include for on-premise licensed
locations, but not be limited to the following additional topics and skills
development:
a) Methods to appropriately pace customer drinking to reduce the risk that
the customer will not leave the premises in an intoxicated manner.
b) Knowledge ofmixology, including marketable alternatives to alcoholic
beverages.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 5th day of April, 2000 by the following vote:
AYES: Commissioners Rrnwn, r.utll' i. Hood. I arson. and Lyon
NOES: Commissioners None
ABSENT: Commissioners None
David Hood, PhD., Chao
Planning Commissio
ee Whittenberg, Secretary
Planning Commission
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