HomeMy WebLinkAboutPC Res 08-16 - 2008-08-06
RESOLUTION NUMBER 08-16
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/114(
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 08-5 FOR THE
EXTENSION OF BUSINESS HOURS TO 10:00 P.M.
DAIL Y, AND TO ALLOW NON-AMPLIFIED LIVE
ENTERTAINMENT AT 15 1ST STREET (RIVER'S
END CAFE).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On May 20, 2008, Mike Ba1chin (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 08-5, for
the extension of business hours to 10:00 p.m. daily, and to allow non-amplified live
entertainment.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15301 and 9 Il.B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 08-5
for the proposed project is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 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 August 6, 2008, to consider the application for CUP 08-5.
Section 4.
The record of the hearing of August 6, 2008 indicates the
following:
(a) On May 20, 2008, Mike Balchin submitted an application
for CUP 08-5 with the Department of Development Services.
(b) Specifically, the applicant is proposing to extend operating
hours until 10:00 p.m. daily, and provide non-amplified live entertainment...
(c) The subject restaurant contains approximately 868 sq. ft.
There is also a, 1897 sq. ft. outdoor patio, and a 522 square foot covered patio.
(d) The subject property is described as Orange County
Assessor's parcel number 043-171-02.
10f6
Planning Commission Resolution No. 08-5
Conditional Use Permit 08-5
15 - 1st Street (River's End)
August 6,2008
(e) CUP 01-9 (initially permitting the restaurant operation) was
originally approved on October 14, 2001.
(f) The surrounding land uses and zoning are as follows:
SOUTH
Residential Housing in a Residential Low Density (RLD) zone
commonly referred to as the "Gold Coast."
San Gabriel River & Long Beach Marina
Vacant property on the former Department of Water and Power
site in the DWP Specific Plan Zone
Beach and Pacific Ocean in the Public Land Use/Recreation
(PLU/R) zone.
EAST
WEST
NORTH
(g) Lieutenant Tim Olson of the Seal Beach police department
has stated no objections regarding the granting of this request.
Section 5. Based upon the facts contained in the record, including those stated
in 94 of this resolution and pursuant to 9928-2002,28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 08-5 is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a Public Land
Use zoning designation for the subject property and permits uses which the City deems
appropriate. The City has previously signed a lease agreement with River's End 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 115 1 st St. are adeq uate in size,
shape, topography and location to meet the needs of the proposed use ofthe property.
(c) The restaurant has operated at this location for several
years with onsite alcohol sales and no substantial enforcement actions have occurred.
(d) The Seal Beach Police Department has reviewed the
existing records of the restaurant and has no reservations regarding the requested Conditional
Use Permit.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 08-5, subject to the following conditions:
1. CUP 08-5 is approved for the extension of business hours to 10:00 p.m. daily and to
allow noon-amplified live entertainment at River's End Cafe, 15 1 st Street, Seal Beach.
20f6
Planning Commission Resolution No. 08-5
Conditional Use Permit 08-5
15 - l't Street (River's End)
August 6. 2008
2. The hours of operation for the business shall be 9:00 a.m. to 10:00 p.m., seven days a
week.
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 Cali fomi a law.
6. 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 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.
b. 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.
c. Alcohol as a drug and its effects on the body and behavior, including the operation of
motor vehicles.
d. 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:
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1 st1 Monday of each month
10:00 a.m. to 1 :30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
30f6
Planning Commission Resolution No. 08-5
Conditional Use Permit 08-5
15 - ]'t Street (River's End)
August 6, 2008
Cost:
$12.95 per person
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
beverages.
10. The applicant shall prominently display these Conditions of Approval in a location within
the businesses' customer area that is acceptable to the Director of Development Services.
11. 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. The establishment shall comply with Chapter 7.15, "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 conditional use permit
for reconsideration and may require the applicant/operator to mitigate the noise level to
comply with the provisions of Chapter 7.15.
15. 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.
16. 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.
40f6
Planning Commission Resolution No. 08-5
Conditional Use Permit 08-5
/5 - l't Street (River's End)
August 6, 2008
17. 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.
18. 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.
19. 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.
20. No alcoholic beverages shall be consumed on the beach. In no circumstance shall any
alcohol be passed from patrons on the patio area to people on the beach.
21. The term of this permit shall be six (6) months from the commencement of the expanded
business hours. At the end of this 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.
22. 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
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.
23. Failure to comply with any of these conditions may result in the revocation of this
Conditional Use Permit.
50f6
Planning Commission Resolution No. 08-5
Conditional Use Permit 08-5
15 - 1st Street (River's End)
August 6,2008
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
dPMVrM2M~
/ . llery Deaton
. Chairperson, Planning Commission
,"7ia~
I Lee Whittenberg
(/ Secretary, Planning Commissio
*****
60f6