HomeMy WebLinkAboutPC Res 08-20 - 2008-08-06
RESOLUTION NUMBER 08-20
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 07-6 FOR THE ON-PREMISE SALE OF
BEER, WINE, AND DISTILLED SPIRITS AND A
480-SQUARE FOOT OUTDOOR DINING AREA AT
A RESTAURANT AT 12171 SEAL BEACH
BOULEVARD (CALIFORNIA PIZZA KITCHEN).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On June 30, 2008, Nina Raey of Fancher Development filed an
application for Conditional Use Permit 07-6 (IE) with the Department of Development Services.
Section 2. The applicant is requesting an Indefinite Extension of the existing
Conditional Use Permit allowing the on-premise sale of beer, wine, and distilled spirits and a 480
square foot outdoor dining area for 44 persons at an existing restaurant (California Pizza
Kitchen) located in the Shops at Rossmoor at 12171 Seal Beach Boulevard.
Section 3. Pursuant to 14 Calif. Code of Regs. 9 15301, staff has determined
as follows: The application for Conditional Use Permit 07-6 (IE) for the requested land use
entitlements at a proposed restaurant with a proposed outdoor dining area 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 4. A duly noticed public hearing was held before the Planning
Commission on August 6,2008 to consider the application for Conditional Use Permit No. 07-6
(IE). At the public hearing the Planning Commission received written and oral evidence on the
proposed project.
Section 5.
The record of the public hearing of August 6, 2008 indicates the
following:
a. On June 30, 2008, Nina Raey of Fancher Development
filed an application for Conditional Use Permit 07-6 (IE) with the Department of Development
Services requesting an Indefinite Extension of the existing Conditional Use Permit allowing the
on-premise sale of beer, wine, and distilled spirits and a 480 square foot outdoor dining area for
1 of?
Planning Commission Resolution No. 08-20
Conditional Use Permit 07-6 (Indefinite Extension)
12171 Seal Beach Boulevard (California Pizza Kitchen
August 6,2008
44 persons at an existing restaurant (California Pizza Kitchen) located in the Shops at Rossmoor
at 12171 Seal Beach Boulevard.
b. The subject property is located in the Shops at Rossmoor
development, located west of Seal Beach Blvd. and north of Rossmoor Center Way. The
proposed restaurant location is north Mel's drive-in restaurant.
c. The California Pizza Kitchen location is approximately 60
feet west of Seal Beach Boulevard and 380 feet north of Rossmoor Center Way, and is proposed
to be 5,643 square feet in area, located in "Building N", which has a total of 18,798 square feet
of gross leasable area. An outdoor dining area of approximately 480 square feet is located along
the southern building facade. The 3 other buildings in the immediate vicinity contain a total of
43,782 square feet of gross leasable area.
NORTH:
SOUTH:
WEST:
EAST:
d. Surrounding land uses and zoning are as follows:
North of the subject building are existing and proposed retail
buildings that will comprise 4,939 square feet and 7,261 square
feet respectively.
The remaining portion of the Shops at Rossmoor, in the C-2,
General Commercial Zone.
A 254-unit townhome development in the Residential High
Density (RHD) Zone. Further to the northwest is a 184 unit
townbome development in the unincorporated community of
Rossmoor.
Across Seal Beach Boulevard is a 75-lot, single family detached
home development approved and developed as part of the Old
Ranch Towne Center Project in the Residential Medium Density
Zone (RMD) Zone with the Old Ranch Towne Center located
further to the south, in the C-2, General Commercial Zone.
e. The restaurant use comprises 5,643 square feet and is
located in the easterly end retail space of "Building N". Building N is oriented in an east-west
configuration, and is approximately 60 feet west of Seal Beach Boulevard. The structure is
approximately 35 feet from the north property line, with a 24-foot wide service drive and 8-foot
high block wall separating the rear of the building from the adjoining residential townhome
development.
f. The outdoor dining area comprises approximately 480
square feet and provides seating for 44 persons. The outdoor dining area is located westerly of
the main restaurant entrance and will be facing south, towards the parking lot and the Mel's
drive-in building. The outdoor dining area is screened from adjacent residential uses by the mass
2 of?
Planning Commission Resolution No. 08-20
Conditional Use Permit 07-6 (Indefinite Extension)
12171 Seal Beach Boulevard (California Pizza Kitchen
August 6,2008
of the building, which is primarily 24-feet in height, with an architectural element at 35-feet high
to accentuate the building comer.
g. The outdoor dining area is separated from the common
public walkways in front of the building by a combination of a tubular steel patio railing system
and cultured stone veneered walls that are 3 feet high. A solid patio awning provides shade and
cover over the outdoor dining area and is approximately 8 feet high, adjacent to the common
walkways and has a maximum height of 13.5 feet where it is attached to the exterior wall of the
building.
h. The outdoor dining area is screened by the building mass
from residences both to the north and west. The nearest homes to the restaurant are located to
the rear of the building, approximately 140 feet to the north of the outdoor dining location. The
residential area to the west is approximately 300 feet from the outdoor dining area, and is
screened by the building mass of Building L, which also is a minimum of24 feet in height.
Section 6. Based upon the facts contained in the record, including those stated
in 95 of this resolution and pursuant to 99 28-1300; 28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
a. CUP No. 07-6 (IE) is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "general commercial"
designation for the subject property and permits alcohol sales and outdoor dining areas subject to
the issuance of a Conditional Use Permit. The use as a restaurant with on-premise beer, wine,
and distilled spirit sales and an outdoor dining area 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 the Shops at Rossmoor 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 ensures there will be
adequate water supply and utilities for the proposed use.
c. The requested restaurant with on-premise beer, wine, and
distilled spirit sales and an outdoor dining area, if properly conditioned and enforced, is
compatible with the character of the surrounding area. Adherence to conditions of approval
placed on the use by the City of Seal Beach would mitigate any negative impacts to neighboring
residential properties.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 07-6 (IE), subject to the following conditions:
1. Conditional Use Permit 07-6 (IE) is approved for a 5,643-square foot restaurant and a
480-square foot outdoor dining area with Department of Alcoholic Beverage Control
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Planning Commission Resolution No. 08-20
Conditional Use Permit 07-6 (Indefinite Extension)
12171 Seal Beach Boulevard (California Pizza Kitchen
August 6,2008
(ABC) License Type 47, Alcohol Sales & Service, and on-premise sale of beer, wine, and
distilled spirits at 12171 Seal Beach Boulevard.
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 or any adjoining non-approved seating areas. 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:
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.
6. The following organizations provide training programs, which comply with the above
criteria:
a. Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558-4101
Date: 1 s1 Monday of each month
Time: 10:00 a.m. to 1 :00 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ana
b. Provider: Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Program: California Coordinating Council for Responsible Beverage Service
(C3RBS)
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Planning Commission Resolution No. 08-20
Conditional Use Permit 07-6 (Indefinite Extension)
12171 Seal Beach Boulevard (California Pizza Kitchen
August 6,2008
Telephone:
Cost:
(714) 834-2860 * Karen Keay
$12.95 per person * Tax Deductible
For special events training
c.
Provider:
Program:
Telephone:
Cost:
Orange County Health Care Agency
Project Path
(714) 895-9088 * Irene Glenday
Free
7. The hours of operation shall be 10:00 AM to 11 :00 PM, seven days a week.
8. 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.
9. All alcoholic beverages served in the outdoor dining area must be served III glass
containers.
10. A decorative separation wall at least 3.5 feet in height shall be maintained to enclose the
outdoor dining area from the public walkways in front of the business location.
11. No commercial deliveries or trash disposal activities may occur in association with the
operation of this business facility between the hours of 11 :00 P.M. and 7 :00 A.M
12. No video games or similar amusements shall be permitted on the premises.
13. 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.
14. 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 commercial areas.
15. 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.
16. The establishment shall have a public telephone listing.
17. 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 11:00 p.m. and 7:00
a.m.
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Planning Commission Resolution No. 08-20
Conditional Use Permit 07-6 (Indefinite Extension)
12171 Seal Beach Boulevard (California Pizza Kitchen
August 6,2008
18. 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 provision of additional security measures.
19. Conditional Use Permit 07-6 (IE) shall be automatically terminated if the operation is no
longer maintained as a "bona fide public eating place" as defined by the ABC and as may
be audited by the City staff.
20. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
21. A grease trap shall be provided for the restaurant in accordance with the standards of the
Orange County Health Department.
22. 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
ABC or a Special Activities permit is issued to the applicant by the City.
23. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach
Municipal Code, 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 this permit for reconsideration
and may require the applicant/business operator to mitigate the noise level to comply
with the provisions of Chapter 7.15.
24. A modification ofthis Conditional Use Permit shall be applied for when:
a. The establishment proposes to change its type ofliquor 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.
25. 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.
26. This Conditional Use Permit 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 10 calendar-day appeal period has elapsed.
27. 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
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Planning Commission Resolution No. 08-20
Conditional Use Permit 07-6 (Indefinite Extension)
12171 Seal Beach Boulevard (California Pizza Kitchen
August 6, 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
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.
28. Failure to comply with any of the aforementioned conditions may result in revocation of
this 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
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/ Ell ry Deaton ~
Chairperson, Planning Commission
~er~~
ee WhIttenberg ./
Secretary, Planmng CommIssIon -
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