HomeMy WebLinkAboutPC Res 09-03 - 2009-02-04
RESOLUTION NUMBER 09-3
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 08-5, FOR THE CONTINUATION OF
BUSINESS HOURS FROM 9:00 A.M. TO 10:00 P.M.
DAILY, 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 December 30, 2008, Mike Balchin (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 08-5
(Indefinite Extension), for the continuation of business hours from 9:00 a.m. to 10:00 p.m. daily,
and to allow non-amplified live entertainment.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ II.B of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for Conditional
Use Permit 08-5 (Indefinite Extension) for the proposed project is categorically exempt from
review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs.
~ 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 February 4, 2009 to consider the application for Conditional Use Penuit 08-5
(Indefinite Extension).
Section 4.
The record of the hearing of February 4, 2009 indicates the
following:
(a) On December 30, 2008, Mike Balchin submitted an
application for Conditional Use Permit 08-5 (Indefinite Extension) with the Department of
Development Services.
(b) Specifically, the applicant is requesting the indefinite
extension of Conditional Use Permit 08-5 for the continuation of business hours from 9:00 a.m.
to 10:00 p.m. daily, and to allow non-amplified live entertainment.
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Planning Commission Resolution No. 09-3
Conditional Use Permit 08-5 (Indefinite Extension)
15 - /,1 Street (River's End Cafe)
February 4, 2009
(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 subj ect property is described as Orange County
Assessor's parcel number 043-171-02.
(e) Conditional Use Permit 01-9 (initially permitting the
restaurant operation) was originally approved on October 14, 2001.
(f) Conditional Use Permit 08-5 (pennitting the extended
hours and non-amplified live entertainment) was approved on August 6, 2008.
(g) The surrounding land uses and zoning are as follows:
D EAST
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.
D WEST
D NORTH
D SOUTH
(h) Lieutenant Tim Olson of the Seal Beach police department
has stated no objections regarding the granting ofthis request.
Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~ 28-2002, 28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 08-5 (Indefinite Extension) 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 adequate in size,
shape, topography and location to meet the needs ofthe proposed use of the property.
(c) The restaurant has operated at this location for several
years with ansite alcohol sales and no substantial enforcement actions have occurred.
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Planning Commission Resolution No. 09-3
Conditional Use Permit 08-5 (Indefinite Extension)
15 - ]'1 Street (River's End Cafe)
Februmy 4, 2009
(d) The Seal Beach Police Deparbnent 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 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 08-5 (Indefinite Extension) is approved for the continuation of
business hours to 10:00 p.m. daily and to allow non-amplified live entertainment at
River's End Cafe, 15 1 st Street, Seal Beach.
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 California 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:
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 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.
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.
7. The following organizations provide training programs, which comply with the above
criteria:
o Provider:
Program:
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
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Telephone:
Date:
Time:
Cost:
Place:
o Provider:
Program:
Telephone:
Date:
Cost:
Planning Commission Resolution No. 09-3
Conditional Use Permit 08-5 (Indefinite Extension)
15 - 1" Street (River's End Cafe)
February 4, 2009
(714) 558-4101
1stt 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
$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 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
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Planning Commission Resolution No. 09-3
Conditional Use Permit 08-5 (Indefinite Extension)
15 - 1'1 Street (River's End Cafe)
February 4, 2009
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 ofthis Conditional Use Permit 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.
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. 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. 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.
20. 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.
21. Failure to comply with any of these conditions may result in the 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 4th day of February 2009 by the following vote:
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Planning Commission Resolution No. 09-3
Conditional Use Pennit 08-5 (Indefinite Extension)
15 - ]" Street (River's End Cafe)
February 4. 2009
AYES: Commissioners Deaton, Bello, Eagar, Larson, and Massa-Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
cJ/-LM~ 04&--a7i7u
/ Ellery Deaton
Chairperson, Planning Commission
*****
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