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HomeMy WebLinkAboutPC Res 92-67 - 1992-11-18 " RESOLUTION NUMBER 92-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 92-19, PERMITTING THE CONTINUATION OF AN ON-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN EXISTING BAR LOCATED AT III MAIN STREET (CLANCYS) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE' Section 1. On October 15, 1992, Clancys Saloon Inc ("The Applicant") filed an application for CUP 92-19 with the Department of Development Services The applicant seeks continuation of an on-sale general liquor license in conjunction with an existing bar. This application has been filed in response to City Ordinance 1348 which required all existing businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows' The application for CUP No 92-19 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion ofan existing use, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of20% 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 November 18, 1992 to consider the application for CUP No 92-19. Evidence, both written and oral, was submitted for and against the project. Section 4 The record of the hearing on November 18, 1992 indicates the following' (a) On October 15, 1992, Steve Meier submitted an application on behalf of Clancys Saloon, Inc for CUP 92-19 with the Department of Development Services (b) The applicant is requesting approval of an on-sale general liquor license in conjunction with an existing bar located at III main Street, Seal Beach (Clancys Saloon) This application has been filed in response to City Ordinance 1348 which required all existing businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance (c) The subject property is legally described as Lot 11, Block 8, Bay City Tract, in the City of Seal Beach, County of Orange, State of California, as per map recorded in book 3, page 19 of Miscellaneous Maps of said County. (d) The subject property contains approximately 2,940 square feet and is located approximately 165 feet northerly of the center of the intersection of Main Street and Ocean Avenue (e) The subject property has 25 feet of frontage on Main Street (t) The subject property contains a one story bar located on the front portion of the subject property with an open parking area located to the rear. (g) The applicants are proposing to maintain the existing hours of operation at 6.00 a m to 2 00 a m daily C \AMlPR.O\DOCS\CI...I9 BCC be Plamung ComnuSSlon Resolution 92-67 (h) The surrounding land use and zoning are as follows NORTH, SOUTH & EAST Mixed commercial uses in the Service Commercial (C-l) Zone WEST A mixture of residential uses in the Residential High Density zone, (RHO) (i) Main Street is a secondary street developed to its ultimate right-of-way of 80 feet G) The subject structure contains approximately 1,551 square feet of interior space, requiring 16 parking spaces The subject property provides the following parking six (6) on-site parking spaces, and ten (10) grandfathered parking spaces (k) The subject bar has two (2) coin-operated amusement machines The applicant does not possess a valid CUP for the two machines (I) A limited amount of snack items (chips, popcorn and candy) are available for purchase, no meals are served on the premises. (m) Chief of Police Bill Stearns has reviewed this request and has concerns regarding the continued complaints of noise at the rear of the property The Chief requests that any approval of this request address the noise disturbances at the rear of the property (n) The City has received no responses, written or other, to its mailed notice regarding CUP 92-19 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 Code, the Planning Commission hereby finds as follows (a) CUP No. 92-19 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits the on-sale service of alcoholic beverages subject to the issuance ofa 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. Accordmgly, the proposed use is consistent with the General Plan (b) Staff inspected the subject property on November 10, 1992, and found the bar meets all requirements ofthe ~ excluding parking, and presently meets all normal conditions of approval for establishments serving on-sale general liquor. (c) The building and property at III main Street are adequate in size, 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 Clancys Saloon has been in continuous operation for approximately 50 years. (t) The City has received a number of complaints over the past several years from neighboring residents complaining of excessive noise and loitering behind the bar To rectifY this situation, the City has requested the rear door be closed after 9 00 P m However, the City has continued to receive complaints regarding the rear door being left open after 9 00 and associated noise and loitering behind the bar (g) Based on the recommendation of the Planning and Police Departments, the rear door shall be converted to an exit only with no capability of entry after 8 00 P m daily. C \AMIPRO\DOCS\CUP'\R92.19 BCC be Page 2 P1lIIIIlIDll ComnussoOll Resolution 92-67 (h) The on-premises sale of beer, wine and distilled spirits, if properly conditioned and enforced, is compatible with the character of the Main Street 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 negative impacts to neighboring residential properties. (i) Sufficient findings do not exist at the present time to warrant further restriction of the bar's hours of operation under the City's public nuisance abatement procedures. Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 92-19, subject to the following conditions 1. CUP 92-19 is approved for an on-sale general liquor license at III Main Street and is issued to Steve Meier (Clancys Saloon, Inc ). 2 The applicant shall comply with all restrictions placed on the license by the California Department of Alcoholic Beverage Control 3. The hours of operation shall be 6 00 a.m to 2;00 a m daily 4 No signs advertising specific brands of alcoholic beverages, lighted or other, shall be placed in the window areas Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition 5. CUP 92-19 is non-transferrable 6 The applicant shall, in a location acceptable to the Director of Development Services, prominently display these conditions of approval within the bar's sales area 7 This conditional use permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant and property owner, notarized or signed before a City staff member subject to proper identification, and returned to the Department of Development Services, and until the ten (10) day appeal period has elapsed (the appeal period begins the date Resolution 92-67 is signed). 8. A new Conditional Use Permit shall be obtained when any of the following occur. (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 its current conditions of approval, or (d) there is a substantial change in the mode or character of operations of the establishment. 9 The Planning Commission reserves the right to revoke this conditional use permit at a noticed public hearing ifany violation of these conditions or the Code of the City of Seal Beach occurs or if significant police-related problems occur lOIn 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 Code. to require the provision of additional security 11. Clancys Saloon is required to have a public telephone listing 12. It shall be the responsibility of the applicantllicensee 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 C\AMIPRa\IXX::S\ClJP'IR92..I9 BCCbc Page 3 PlalDung ConunUiSlOD Resolubon 92-67 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 LEA D Program Telephone (714) 558-6482 2) Orange County AD E P T Program, for referral to either the BAD D or T I P.S. Program Telephone (714) 568-4187 13 Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, employees of the Clancys Saloon 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 AM 14 The applicant must bear the cost of modifications or cease operations ifharm or police-related problems are demonstrated to occur as a result of criminal or antisocial behavior, including but not limited to the loitering of patrons around the exterior of the bar, excessive noise, violence, public drunkenness, vandalism, solicitation and/or litter 15 There shall be no live entertainment, amplified or acoustic, 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 16 The facility shall comply with Chapter 13D, "Noise Control", of the Code of the City 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 17 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 18 The knowledge and skills deemed necessary for responsible alcoholic beverage service as set forth in Condition No 12 above, 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 leave the premises in an intoxicated manner C \AMIPRO\DOCS\CUJI\R.92-IQ BCC be Page 4 -. P1l1l111111g eonumss,on Resolution 92-67 b) Knowledge ofmixology, including marketable alternatives to alcoholic beverages 19 Pursuant to the requirements of Ordinance 1348, within 45 days of the approval ofthis request, the applicant shall apply for and receive a conditional use permit from the City for the existing video games, or the video games shall be removed from the site All fees for this request shall be waived pursuant to City Council direction 20 The applicant shall allow City staff, including but not limited to Planning, Building and Police Department staff to enter the establishment during normal business hours from time to time to determine compliance with the abovelisted conditions of approval 21 The rear door shall be closed daily after 8:00 p.m. after which time it may serve as an exit only with no capability of entry 22 The term of this permit shall be six (6) months At the end of the six-month term of this permit, the Commission shall consider and may grant a twelve-month extension provided all conditions of approval have been met and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the on sale service of alcoholic beverages arise If such a twelve-month extension is approved, the Commission shall then consider and may grant an indefinite extension of CUP No 92-19 under the standards of the Code of the Citv of Seal Beach and the standards of this condition for the issuance of the initial, six-month extension PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of November 1992 by the following vote AYES: Commissioners Fife. Shl\lll. Dahlman. Law NOES Commissioners ABSENT: Commissioners Orsini Bphilli F'& ~ pie, lUrm Planning Commission C \AMIPIlC1\DOCSI.19 BCC be Page 5