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Home My WebLink AboutPC Res 07-67 - 2008-01-09 RESOLUTION NUMBER 07-67 O..f>/ Q A RESOLUTION OF THE PLANNING COMMISSION OF THE ~A / CITY OF SEAL BEACH APPROVING THE INDEFINITE ry <- EXTENSION OF CONDITIONAL USE PERMIT 06-5, PERMITTING AN UPGRADE OF THE CURRENT ALCOHOL LICENSE FROM BEER AND WINE TO A FULL ALCOHOL LICENSE IN CONJUNCTION WITH OPERA nON OF AN EXISTING RESTAURANT WITH OUTDOOR DINING LOCATED AT 320 MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 16, 2006, Conrad Mingura (the "Applicant") filed an application with the Department of Development Services to request an upgrade of the current alcohol license from on-sale beer and wine to an on-sale general alcohol license in conjunction with the operation of an existing restaurant located at 320 Main Street, Seal Beach. On November 2, 2007, Mr. Mingura filed an application with the Department of Development Services for an Indefinite Extension of Conditional Use Permit 06-5 Section 2. Pursuant to 14 Califomia Code of Regulations 915305 and 9Il(B) of the City's Local CEQA Guidelines, staff has deternlined as follows: the application for CUP 06-5 for an upgrade to an existing alcohol license is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Califomia Code of Regulations 915301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use pursuant to 9 15305 (Minor Alterations in Land Use Limitations). The proposal involves a minor alteration in land use limitation alld does not involve either a property in excess of 20% slope or a change in land use or density; and, the restaurant was considered as pali of Negative Declaration 96-1, evaluating the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was held before the Planning Commission on January 9, 2008, to consider the Indefinite Extension for CUP 06-5 for the upgrade of the ClLrrent alcohol license from on-sale beer and wine to an on-sale general alcohol license. Section 4. The record of the hearing of January 9, 2008 indicates the following: (a) On August 16, 2006, Conrad Mingura filed an application with the Department of Development Services for Conditional Use Permit 06-5 to pennit an upgrade in the current alcohol license from on-sale beer and wine to an on-sale general alcohol license (Type 47). On November 2,2007, Mr. Mingura filed an application with the Department of Development Services for an Indefinite Extension of Conditional Use Pennit 06-5. 10f6 Planning Commission Resolution 07-67 Conditional Use Permit 06-5 (Indefinite Extension) 320 Main Street (Three Twenty Main Restaurant) Janumy 9, 2008 (b) Specifically, the applicant is requesting the Indefinite Extension of the current CUP allowing on-sale general alcohol sales in conjunction with the operation of a restaurant with outdoor dining. (c) The subject restaurant is 1,955 square feet in size and comprises an 870 square foot seating area with 64 seats and a maximum of 8 seats at the bar area, a 145 square foot outdoor dining area, a 720 square foot area for kitchen and service areas, and 365 square feet is utilized for restrooms, hallways, etc. (d) Assessor's Parcel # 043-113-37. The subject property lS described as Orange County (f) The surrounding land uses and zoning are as follows: NORTH, SOUTH AND WEST: Commercial business along Main Street, in the Main Street Specific Plan (MSSP) Zone. EAST: Various residential developments of single-family and multiple-faITIily, in the Residential High Density (RHD) Zone Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-1250,28-2503, and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 06-5 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 permits alcohol sales in conjunction with a restaurant use subject to the issuance of a conditional use pernlit. The Conditional Use Permit is for an on-sale general alcohol license in conjunction with the operation of an existing restaurant. 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 320 Main Street are adequate in size, shape, topography, and location to meet the needs of the proposed use of the property. (c) The use is consistent with the intent and purpose and vision established for the Main Street Specific Plan. (d) The 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. 20f6 Planning Commission Resolution 07-67 Conditional Use Permit 06-5 (Indefinite Extension) 320 Main Street (Three Twenty Main Restaurant) Janua/Y 9, 2008 (e) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. (t) The use complies with all applicable City Council policies, such as the policies the Council has adopted conceming alcohol serving uses. (g) The Police Depaliment has not had a history of calls to this location. (h) 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 the Indefinite Extension of Conditional Use Pemlit 06-5, subject to the following conditions: 1. Conditional Use Pernlit 06-5 is approved for a Type 47 License 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 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. 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 oflegal operation and penalties for violation of these laws. o The potential legal liabilities of owners alld 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. 30f6 Planning Commission Resolution 07-67 Conditional Use Permit 06-5 (indefinite Extension) 320 Main Street (Three Twenty Main Restaurant) lanualJl9. 2008 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 & Drugs (LEAD) Telephone: (714) 558-4101 Date: Ise Monday of each month Time: 10:00 a.m. to I :30 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Santa Ana o Provider: Program: Telephone: Date: Cost: Orange County 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 10:30 AM to 11 PM, nightly, as previously approved pursuant to Conditional Use Pennit 85-20, approved on December 18, 1985. 8. No video games or similar amusements shall be permitted on the premises unless a separate conditional use pennit 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. 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. 11. 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. 12. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 13. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance and maintain continuous supervision at an times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 40[6 Planning Commission Resolution 07-67 Conditional Use Permit 06-5 (Indefinite Extension) 320 Main Street (Three Twenty Main Restaurant) Janumy 9. 2008 14. All alcoholic beverages served 111 the outdoor dining area must be served in glass containers. 15. A decorative separation wall at least 42" in height shall be installed to enclose the outdoor dining area from Main Street and adjoining business entrallCes. Said decorative separation wall to be approved by the Director of Development Services. 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 13D. 17. The applicallt remains bound by all conditions approved through previous entitlements on the property including (but not limited to) CUP 85-20, Variance 11-84, and CUP 05-11, which are not superseded by this Conditional Use Pennit. 18. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" foml has been signed by the applicant in the presence of the Director of Development Services, or notarized and retumed to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 19. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 20. 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 ifharm or retail-related problems are demonstrated to occur as a result of criminal or allti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 21. 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. 22. 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. 23. The applicant shall indemnify, defend and hold hannless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses 50f6 Planning Commission Resolution 07-67 Conditional Use Permit 06-5 (Indefinite Extension) 320 Main Street (Three Twenty Main Restaurant) JanualY 9, 2008 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 permitted 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 pemlitted 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, injury or death arising out of or connected with the perfomlance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold hannless the City as stated herein shall include, 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, comi costs or attorneys' fees in any such lawsuit or action. 24. Failure to comply with any of these conditions may result in revocation of this Conditional Use Pennit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of January 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, and Roberts NOES: Commissioners None ABSENT: Commissioners Massa-lavitt ABSTAIN: Commissioners None ~.uA~t;O-~udij~- / llery Deaton Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commission ***** 60fG