HomeMy WebLinkAboutPC Res 92-75 - 1992-12-09
. .
. .
,
RESOLUTION No. 92-75
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
AN INDEFINITE EXTENSION OF CONDITIONAL
USE PERMIT #90-12, PERMITTING AN ON-SALE
GENERAL LIQUOR LICENSE AT 550 PACIFIC
COAST HIGHWAY, SEAL BEACH (BONADONNA'S
RESTAURANT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On December 4, 1991, the Planning commission
approved Conditional Use Permit #90-12, thus approving an upgrade
to a general liquor license in conjunction with the transfer of
ownership in an existing restaurant.
Section 2. Pursuant to 14 California Code of Regulations,
~15025(a) and ~II.B of the City's local California Environmental
Quality Act (CEQA) Guidelines, staff has determined as follows:
the application for CUP #90-12 is categorically exempt from review
pursuant to CEQA pursuant to 14 California Code of Regulations,
~15301 (Existing Uses) because it involves the negligible expansion
of an existing use; pursuant to ~15305 (Minor Alterations in Land
Use Limitation), because the proposal involves a minor alteration
in a land use limitation and does not involve either a property in
excess of 20% slope or a change in land use or density, and
finally, pursuant to ~15061(b) (3), because it can be seen with
certainty that there is no possibility that the approval may have
a significant effect on the environment.
Section 3. A duly Noticed Public Hearing was held before the
Planning Commission on December 9, 1992 to consider the application
for CUP #90-12. Evidence, both written and oral, was submitted for
and against the application.
Section 4. The record of the Public Hearing on December 9,
1992 indicates the following:
(a) The subject property is legally described as Parcell in
the City of Seal Beach, County of orange, State of
California as shown on Parcel Map filed in Book 119 at
Pages 40 - 42 of Parcel Maps, in the Office of the County
Recorder, Orange County.
(b) Subject property is located within the Bay city Center at
500 Pacific Coast Highway, suites 104 and 115.
(c) The surrounding land uses and zoning are as follows:
NORTH, SOUTH & EAST
A mixture of commercial uses in
the General Commercial zone
(C-2).
WEST
Across Fifth Street are single
family residences in the
Residential Low Density zone
(RLD).
(d) The property currently contains an existing restaurant
with a currently valid ABC license for on-sale general
liquor which operates 10:00 a.m. to 1:00 a.m. daily.
(e) Previous Planning Commission approvals for subject
property:
(1) 1984 AUG 1 - CUP #84-12 approved on-sale beer and
wine.
(2) 1987 MAY 6 - CUP #87-4 transferred beer and wine.
.
^Pllqe 2
City of 8ell1 Beach P1anninq co..i..lon
ReBo1ution Bo. 92-75
OOnditlona1 Use Permit 190-12
(3) 1991 DEC 4 - CUP #90-12 transferred ownership and
upgraded to general liquor license. Required
twelve month Planning commission review.
(f) Chief of Police stearns has reviewed the records of this
restaurant and has no reservations about permitting the
requested extension.
(g) Review of Department of Alcoholic Beverage Control (ABC)
documents shows:
. The proposed premises are located in census tract
995.05 where the presently exists and undue
concentration of licenses as defined by Rule 61.3,
Title 4, Chapter 1 of the California Code of
Reaulations.
.
The local police agency advises that within
vicinity of the applicant's premises a
enforcement problem does exist.
the
law
. The subject premises is in the immediate vicinity
of the Church of Religious Science and the ABC felt
it necessary to place the following nine (9)
conditions on the license:
1. Sales, service and consumption of alcoholic
beverages shall be permitted only between the
hours of 11:00 a.m. and 1:00 a.m. seven (7)
days a week.
2. The subject alcoholic beverage license shall
not be exchanged for a public premises type
license nor operated as a public premises.
3.
gross sales of alcoholic
not exceed the gross sales of
commodities during the same
The quarterly
beverages shall
food or other
period.
4. There shall be no dancing permitted on the
premises at any time.
5. Entertainment provided shall not be audible
beyond the area under control of the licensee.
6. There shall be no pool tables or coin-operated
games maintained upon the premises at any
time.
7. The sale of beer and/or wine for consumption
off the premises is prohibited.
8. There shall be no exterior advertising of any
king or type, including advertising directed
to the exterior from within, promoting or
indicating the availability of alcoholic
beverages.
9. The premises shall be maintained as a bona
fide Italian restaurant and shall provide a
menu containing an assortment of foods
normally offered in such restaurants.
The City has received no comments in responses to the
Notices of the Public Hearing.
(h)
. .
^page 3
C1ty of Sea1 Beach P1anning COmmission
Reso1ution Ko. 92-75
Conditiona1 Use per_it '90-12
(i) Staff inspected the subject property on December 3, 1992,
and found the applicant has complied with all conditions
of approval of CUP #90-12.
section 5. Based upon the facts contained in the record,
including those stated in ~4 of this resolution, and pursuant to
~~28-2503 and 28-2504 of the City'S municipal Code, the Planning
Commission hereby finds:
(a) Staff inspected the subject property on December 3, 1992
and found the restaurant meets all municipal Code
requirements and all Conditions of Approval of CUP #90-
12. There is no alcoholic beverage advertising in the
window areas.
(b) The indefinite extension of CUP #90-12 is consistent with
the provisions of the City'S General Plan, which indicate
the subject property is to be used for general commercial
purposes, which includes on-sale service of general
liquor.
(c) The building and property at 500 pacif~c Co~st Highway,
Suites 104 and 115 are adequate ~n s~ze, shape,
topography and location to meet the needs of the proposed
use of the property.
(d) Required adherence to applicable building and fire codes
ensure there will be adequate water supply and utilities
for the proposed use.
(e) The on-premises sale of general liquor is compatible with
the character of the Bay City Center area. Adherence to
conditions of approval placed on the use by both the City
of Seal Beach and the Department of Alcoholic Beverage
Control should mitigate any negati ve impacts to
neighboring residential properties.
(f) The Seal Beach Police Department has reviewed the records
of the restaurant and has no reservations about
permitting the requested extension.
section 6. Based upon the foregoing, the Planning commission
hereby approves Conditional Use Permit #90-12, subject to the
following conditions:
1.
CUP #90-12 is
550 Pacific
Bonadonna for
approved for an on-sale
Coast Highway and is
Bonadonna's restaurant.
general liquor at
issued to David
2. The applicant shall comply with all restrictions placed
upon the license by the State of California Department of
Alcoholic Beverage Control.
3. The applicant shall furnish the City a copy of his ABC
license and a copy of the conditions placed on the
license by the Department of Alcoholic Beverage Control.
This shall be done as soon as it is received by the
applicant from the State of California Department of
Alcoholic Beverage Control.
4. The hours of operation shall be 10:00 A.M. to 1:00 A.M.
daily.
5. No video games or similar amusements shall be permitted
on the premises.
"'Psgl!t 4-
City of seal Beach Planning commission
Resolution No. 92-75
COnditional Use Permit '90-12
6. No lighted signs advertising alcoholic beverages shall be
placed in the window areas, nor shall any other signs
advertising specific brands of alcoholic beverages be
permitted in the window areas. Interior displays of
alcoholic beverages which are clearly visible to the
exterior shall constitute a violation of this condition.
7. Conditional Use Permit #90-12 is non-transferrable.
8. The applicant will prominently display these conditions
of approval within the business's customer area that is
acceptable to the Director of Development Services.
9. 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.
10. A modification of Conditional Use Permit shall be
obtained when:
(a) A transfer of ownership of the license is
proposed.
(b) The establishment proposes to change its type
of liquor license.
(c) The establishment proposes to modify any of
it's current conditions of approval.
(d) There is a substantial change in the mode or
character of operations of the establishment.
11. The Planning Commission reserves the right to revoke or
modify the conditions of approval of this Conditional Use
Permit if any violation of the approved conditions
occurs, any violation of the Code of the Citv of Seal
Beach, occurs, or for those reasons specified by Article
28, and in the manner specified in Article 25, Code of
the Citv of Seal Beach.
12. Exterior lighting in the parking area shall be kept at a
level so as to provide adequate lighting for patrons
while not disturbing surrounding residential or
commercial areas. A lighting plan shall be provided,
subject to review and approval by the Director of
Development Services.
13. In the event staff determines that security problems
exist on the site, the conditions of this permit may be
amended, under the procedures of the City's municipal
QQgg, to require the provision of additional security.
14. All establishments shall be required to have a public
telephone listing.
15. It shall be the responsibility of the applicant/licensee
to provide all staff 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,
.
^PI!UJ8 5
C1~Y of SBa1 Beach Plannin9 Commisslon
Reso1ution Ho. 92-75
Conditional Use Permit 190-12
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
behavior,
vehicles.
a drug and its effects on the body and
including the operation of motor
d) Methods for preventing customers from becoming
intoxicated, 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 B.A.D.D. or T.I.P.S.
Programs. (Telephone [714] 568-4187).
16. 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 dumping of
trash and/or glass bottles outside the establishment
between the hours of 10:00 P.M. and 7:00 A.M.
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 citv 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. 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.
19. All alcoholic beverages sold in conjunction with the on-
premise licensed establishment must be consumed entirely
on the premises, and none shall be sold as take-out.
20. Conditional Use Permit #90-12 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.
. ,
^Paqie 6
Ci~y of seal Beach Planninq commis.ion
Resolution No. 92-75
Conditional U.. Permit '90-12
The establishment must have availability for ordering
food until thirty (30) minutes prior to closing time.
21. There shall be no live entertainment, amplified music,
and/or dancing permitted on the premises at any time,
unless specifically authorized under the conditions of
approval of the Conditional Use Permit and by the state
of California Department of Alcoholic Beverage Control.
22. The proposed facility shall comply with Chapter l3D,
"Noise Control", of the Code of the citv of Seal Beach.
Should complaints be received regarding noises generated
by the facility, the Planning Commission reserves the
right to schedule the subject property for
reconsideration and may require the applicant/operator to
mitigate the noise level to comply with the provisions of
Chapter 13D.
23. The sale of alcoholic beverages for consumption off the
premises shall be prohibited. Consumption of alcoholic
beverages shall be prohibited in the establishment's
parking lot. There shall be appropriate posting of signs
both inside and outside the licensed premises indicating
that drinking outside the licensed premises is prohibited
by law.
24. The knowledge and skills deemed necessary for responsible
alcoholic beverage service as set forth in Standard
Condition No. 15, shall include for on-premise licensed
locations, but not be limited to the following additional
topics and skills development:
a) Methods to appropriately pace customer drinking to
reduce the risk that the customer will not leave
the premises in an intoxicated manner.
b) Knowledge of mixology, including marketable
alternatives to alcoholic beverages.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the city
of Seal Beach at a meeting thereof held on the 9th day of December
1992, by the following vote:
AYES:
Commissioners
Dahlman, Law, Sharp
NOES: commissioners
ABSTAIN: Commissioners
ABSENT:
commissioners
Fife, Orsini
ui:::dg_
Anton Dahlman, Vice Chairman
Planning Commission
ry