HomeMy WebLinkAboutPC Res 92-63 - 1992-12-09
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RESOLUTION No. 92-63
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
CAliFORNIA, APPROVING CONDITIONAL USE
PERMIT #91-17, PERMITTING AN ON-SALE BEER
AND WINE LICENSE AND MODIFICATION OF
OPERATING HOURS IN CONJUNCTION WITH AN
maSTING RESTAURANT AT 117 MAIN STREET,
SEAL BEACH (PASTA GROTTO)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December 4, 1991, Douglas and Charlene Maris and Vincenw and
Antonia Ricci ("Applicants") received approval of Conditional Use Permit (CUP) #91-17 from
the Plarming Commission for a twelve (12) month time period. The Applicants now seek an
mdefinite extension of this previously approved CUP allowing an on-sale beer and wine license
at Pasta Grotto restaurant and modification of the hours of operation to stay open to 11:00 p.m.
on Friday and Saturday nights pursuant to ~28-13oo(b) of the Code of the City of Seal Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. ~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 #91-17 is categorically exempt from review pursuant to CEQA, pursuant
to 14 Calif. Code of Regs. ~ 15301 (Existing Uses), because it involves the negligible expansion
of an existing use; pursuant to U5305 (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 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. Duly noticed Public Hearings were held before the Planning Commission on
November 18 and December 9, 1992, to consider indefinite extension and modified hours of
operation for CUP #91-17. Evidence, both written and oral, was submitted for and against the
application.
Section 4. The record of the Public Hearing on November 18 and December 9, 1992
indicated the following:
(a) CONTINUATION: The staff report was presented to the Planning
Commission on November 18, 1992. The request was for indefinite
extension and hours modification. Because the legal Notice was solely for
the indefinite extension the Planning Commission, with the applicant's
consent, continued this matter to the December 9, 1992 Planning
Commission meeting to also consider the modIfication of operating hours.
(b) INITIAL APPROVAL: The Planning Commission first reviewed CUP
#91-17 on December 4, 1991. Condition #9 of the approving resolution,
Resolution No. 1654, states "The term of this permit shall be twelve (12)
months, after which time the Planning Commission shall review and may
extend the permit indefinitely provided that all conditions of approval have
been satisfied and no significant police problems have occurred".
(c) PARKING REOUIREMENTS: Staff inspected the subject property on
November 13, 1992, and found Pasta Grotto restaurant meets all
municipal Code requirements, excluding parking, and presently meets all
normal conditions of approval for establishments serving on-sale alcoholic
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beverages. The restaurant is abiding by all conditions of approval as set
forth in Resolution No. 1654.
(d) POLICE APPROVAL: Chief of Police, William Stearns, has reviewed
the existing records and has no reservations on the indefinite extension for
this on-sale beer and wine license and extension of the hours to 11:00
p.m. on Friday and Saturday nights.
This restaurant has no history of extraordinary demands for police services
or of nuisance complaints from neighboring residents.
(e) LEGAL DESCRIPTION: Lot 17, Block 8, Bay City Tract, Seal Beach
and is located on the westerly side of Main Street, approximately 240 feet
north of the intersection of Main Street and Ocean Avenue.
(f) PROPERTY: The property currently contains an existing restaurant,
Pasta Grotto, which is a traditional full-service restaurant featuring Italian
cuisine. Pasta Grotto currently has a valid Department of Alcoholic
Beverage Control for on-sale beer and wine.
(g) HOURS: The City-approved hours of operation are 11:00 a.m. to 10:00
p.m. daily.
(h) SURROUNDING LAND USES and wning are as follows:
NORTH, EAST & SOUTH A mixture of commercial uses in the Service
Commercial wne (C-l).
WEST
A mixture of single-family and multi-family
dwellings in the Residential High Density
Zone (RHO).
(i) PUBLIC COMMENTS: The City has received no negative comments in
response to the Notices of the Public Hearing on CUP #92-17.
(j) NEAREST RESIDENCE: The subject business is located approximately
three (3) feet from the nearest residential strucrores, which are located on
the subject property. There are three consideration points within 600 feet
of the premises: (1) Grace Community Church at 138 8th Street, 260 feet
away; (2) First United Methodist Church at 148 10th Street, 600 feet
away; (3) a small playground located on the City beach adjacent to the
public pier, 525 feet away. No complaints have been received by the City
from any of these consideration points.
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 as follows:
(a) The granting of CUP #91-17 is consistent with the provisions of the General Plan
which indicates the subject property is to be used for general commercial
purposes.
(b) The building and property at 117 Main Street are adequate in size, shape,
topography and location to meet the needs of the proposed use of the property.
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(c) Required adherence to applicable building and fire codes ensure there will be
adequate water supply and utilities for the proposed use.
(d) The on-sale beer and wme 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.
(e) The Seal Beach Police Department has reviewed the existing records and has no
reservations regarding the indefinite extension of the use and/or modification of
hours.
(t) Staff has inspected Pasta Grotto restaurant and has found it to meet all conditions
placed upon on-sale of general liquor set forth by the Planning Commission.
Section 6. Based on the foregoing, the Planning Commission hereby approves
Conditional Use Permit #91-17, subject to the following conditions:
1. CUP # 91-17 is indefinitely extended for an on-sale beer and wine license at 117
Main Street and is issued to Antonia and Vicenw RICCI and Douglas A. and
Charlene R. MARIS for Pasta Grotto restaurant.
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 DepartmeI1t 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 11:00 A.M. to 10:00 P.M. Sunday through
Thursday and 11:00 A.M. to 11:00 P.M. Friday and Saturday.
5. No video games or similar amusements shall be permitted on the premises.
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 #91-17 is non-transferrable.
8. The applicant will prominently display these conditions of approval in a location
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.
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(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
establishmeI1t.
11. The Planmng Commission reserves the right to revoke or modify this Conditional
Use Permit if any violation of the approved conditions occurs, any violation of
the Code of the Ci~ of Seal Beach, occurs, or for those reasons specified by
Article 28, and in the manner specified in Article 25, Code of the City 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, which promotes minimal
disturbance to nearby residences.
13. In the event staff determines 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 measures.
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 employees that
sell or serve alcoholic beverages with the knowledge and skills enabling 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, 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 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 cnteria:
(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 to
B.A.D.D. or T.I.P.S. Programs. (Telephone: [714] 568-4187).
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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 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, violeI1ce, 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 #91-17 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.
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 13D, "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 noises
geI1erated by the facility, the Planning Commission reserves the right to schedule
the subject permit 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 area. 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 additJonal 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.
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25. The applicant remains bound by the conditions of Resolution No. 1654, regarding
Conditional Use Permit #91-17, except in so far as those conditions are amended
by this approval.
26. The rear door shall remain closed at all times except for when it's used by
employees for business purposes.
27. The Applicant shall indemnify, defend and save harmless the City of Seal Beach,
its officers, agents and employees (collectively, "the City") from and against any
and all liability or expense, whatsoever occurring or resulting to persons or
property for damage, bodily injury or death arising out of or in connection with
the issuance of this approval or the exercise of the rights accruing from this
approval, and shall specifically include, without limitation, all challenges to, or
claims, lawsuits or actions arising from, the issuance of this approval.
Applicant's obligation to indemnify, defend and save harmless the City shall
include, but not be limited to, defense costs and fees incurred by legal counsel of
the City's choice.
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 Sharp, La~l. Dahlman
NOES: CommIssioners
ABSTAIN: Commissioners
ABSENT: Commissioners Fife, Orsini
!2~ Ad.
Anton Daltlman, Vice-Chairman
Planning Commission
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