Loading...
HomeMy WebLinkAboutPC Res 08-22 - 2008-08-06 RESOLUTION NUMBER 08-22 OR / G A RESOLUTION OF THE PLANNING COMMISSION I IV4 ( OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 08-7 FOR THE UPGRADE OF THE EXISTING TYPE 41 ABC LICENSE (ON-SALE BEER AND WINE) TO A TYPE 47 ABC LICENSE (ON-SALE GENERAL) WITHIN THE SERVICE COMMERCIAL ZONE AT 13956 SEAL BEACH BOULEVARD (PRIMROSE CAFE). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 7,2008, Farshid (Frank) Tahvildari (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 08-7, for the upgrade of the existing ABC license at the property located at 13956 Seal Beach Boulevard. Specifically, the applicant is requesting to upgrade the existing Type 41 ABC license (On-sale beer and wine) to a Type 47 ABC license (On-sale General). Section 2. Pursuant to 14 California Code of Regulations 915305 and 9II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 08-7 for the proposed ABC license upgrade is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations 915301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to 915305 (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 August 6, 2008, to consider the application for CUP 08-7. Section 4. The record of the hearing of August 6, 2008, indicates the following: (a) On July 7, 2008, Farshid (Frank) Tahvildarj submitted an application for CUP 08-7 with the Department of Development Services. (b) Specifically, the applicant is requesting the upgrade of the existing alcohol license from a Type 41 (On-sale Beer and Wine) to a Type 47 (On-sale General). (c) The subject restaurant compnses approximately 1950 square feet in area. 10f6 Planning Commission Staff Report Conditional Use Permit 08-7 13956 Seal Beach Boulevard August 6, 2008 (d) The subject property is legally described as Orange County assessor's parcel number 095-641-45. (e) The subject property is located within an existing shopping center, which includes a variety of commercial businesses. (f) The proposed restaurant is a full service restaurant that sells a variety of non-alcoholic beverages as well as beer and wine. (g) The subject property meets all of its parking requirements through on-site parking within the center. (h) The surrounding land uses and zoning are as follows: NORTH & WEST Residential Housing in Leisure World, in a Residential High Density Planned Development (RHD-PD) Zone. EAST Naval Weapons Station Seal Beach in a Public Land Use/Recreation (pLU/R) Zone. SOUTH Commercial retail and light industrial uses within the Boeing Integrated Defense Systems (BIDS) Specific Plan Zone. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-1300,28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 08-7 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Service Commercial (C-1)" zoning designation for the subject property and permits the sales and 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. (b) The building and property at 13956 Seal Beach Blvd. are adequate in size, shape, topography and location to meet the needs of the proposed use of the property and the proposed outdoor dining area. (c) 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 08-7, subject to the following conditions: 20f6 Planning Commission Staff Report Conditional Use Permit 08-7 13956 Seal Beach Boulevard August 6,2008 1. Conditional Use Permit 08-7 is approved for the on-premise sale of beer, wine, and distilled spirits (Type 47 ABC license) in conjunction with a bona fide eating place at 13956 Seal Beach Blvd, Seal Beach. 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control, and the applicant shall furnish the City a copy of the approved 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. 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 or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that California law prohibits drinking outside the licensed premises. 4. 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 all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 5. Any alcoholic beverages sold to customers utilizing the outdoor dining space shall be served in bottles or glass containers only. 6. The hours of operation shall be 7:00 AM to 10:00 P.M. daily. 7. The establishment shall serve a complete menu of food until thirty (30) minutes prior to closing time. 8. No video games or similar amusements shall be permitted on the premises. 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. Conditional Use Permit 08-7 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. 11. 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. 12. A modification of this Conditional Use Permit shall be obtained when: 30f6 Planning Commission Staff Report Conditional Use Permit 08-7 13956 Seal Beach Boulevard August 6,2008 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. 13. 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. 14. 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. 15. The establishment shall have a public telephone listing. 16. 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: 1. 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 RA.D.D. or T.I.P.S. Program. Telephone: (714) 568-4187 40f6 Planning Commission Staff Report Conditional Use Permit 08-7 13956 Seal Beach Boulevard August 6,2008 17. 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 A.M. 18. 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 or Special Event 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. 19. The premises shall comply with Chapter 7.15, "Noise Control", of the Code ofthe City 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 Plamling 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 7.15. 20. 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. 21. This Conditional Use Permit 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. 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. 23. The term of this permit shall be twelve (12) months. At the end of the initial term, the applicant may apply to the City for an Indefinite Extension of CUP 08-7. The Planning 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. 24. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing 50f6 Planning Commission Staff Report Conditional Use Permit 08-7 13956 Seal Beach Boulevard August 6,2008 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 permitted by this Conditional Use Permit, 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 performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless 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, court costs or attorneys' fees in any such lawsuit or action. 25. Failure to comply with any of the aforementioned conditions may result in the revocation ofthis Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of August 2008 by the following vote: AYES: Commissioners Deaton, Bello, DeLay, Eager, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None riJ '-t,tna~~ /:. llery Deaton . Chairperson, Planning Commission ~~ Secretary, Planning Commission 60f6