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HomeMy WebLinkAboutPC Res 09-06 - 2008-02-18 RESOLUTION NUMBER 09-6 OR/G/N4l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT 09-1 TO ALLOW AN EXISTING RESTAURANT WITH A TYPE 47 (ON-SALE GENERAL) ABC LICENSE TO EXPAND INTO AN ADJACENT 975-SQUARE FOOT LEASE AREA WITHIN THE SERVICE COMMERCIAL (C-1) ZONE AT 13956 SEAL BEACH BOULEVARD (PRIMROSE CAFE). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 9, 2009, Frank Tahvildari (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 09-1 requesting approval to allow an existing restaurant with a Type 47 (On-Sale General) ABC license to expand into an adjacent 975 square-foot lease area. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15301 staff has determined as follows: The application for CUP 09-1 for the requested land use entitlements to allow an existing restaurant with a Type 47 (On-Sale General) ABC license to expand into an adjacent 975 square-foot lease 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 3. A duly noticed public hearing was held before the Planning Commission on February 18, 2009, to consider the application for CUP 09-1. At the public hearing the Planning Commission received into evidence written and oral information regarding the request. Section.A. The record of the hearing of February 18, 2009 indicates the following: (a) On January 9, 2009, Frank Tahvildari (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 09-1. (b) Specifically, the applicant is requesting approval to allow an existing restaurant with a Type 47 (On-Sale General) ABC license to expand into an adjacent 975 square-foot lease area. (c) assessor's parcel #095-641-55. The subject property IS described as Orange County 10f8 Planning Commission Resolution 09-6 Conditional Use Permit 09-1 13956 Seal Beach Boulevard - {Primrose Cafe} Februmy 18, 2009 (d) The existing restaurant has been in operation smce approximately November, 1999, and has a total seating for approximately 65 persons. (e) The existing restaurant 1,950 square feet in area, and also includes an existing patio seating area of 320 square feet. The subject property is located within the Seal Beach Village shopping center, west of Seal Beach Boulevard and north of Westminster Boulevard. (t) The proposed restaurant expansion area is 975 square feet in size and is proposed to accommodate approximately 31 seats and an additional 10 seats at a proposed bar area to be located along the northern interior wall of the expanded restaurant. A new accessible restroom is proposed to be located at the rear of the subject building space. The existing kitchen, food preparation and office areas of the current restaurant will remain as currently provided. An area approximately 12' x 16' in area in front of the expansion area is also proposed to be utilized for outdoor seating. (g) The subject property has received numerous approvals from the City over the years, including the following: o MPR 69-17 was approved by the Planning Commission on June 4, 1969 to add additional shops/lease area to the Leisure World Shopping Center. o CUP 74-5 was approved by the Planning Commission on June 5, 1974 for on-sale beer and wine sales in conjunction with an existing delicatessen in the Leisure W orId Shopping Center. o CUP 75-7 was approved by the Planning Commission on July 16, 1975 to permit on- sale beer and wine in conjunction with a restaurant/delicatessen in the Leisure World Shopping Center. o CUP 77-4 was approved by the Planning Commission on October 5, 1977 for on-sale beer and wine for an Italian Pizza Parlor in the Leisure World Shopping Center. o CUP 80-2 was approved by the Planning Commission on February 6, 1980 for on-sale beer and wine in conjunction with a proposed restaurant "Bit 0' Spice". o CUP 93-3 was approved by the Planning Commission on March 3, 1993 to permit off- sale beer and wine, and to amend the hours of operation from 8:00 a.m. - 6:00 p.m. daily to 7:00 a.m. - 10:00 p.m. daily (through CUP 93-12) for Seal Beach Market. o CUP 96-1 was approved by the Planning Commission on September 3, 1997 to expand the existing off-sale beer and wine alcohol license to off-sale general liquor for Seal Beach Market. Indefinite Extension of CUP 96-1 was approved on March 17, 1999. o CUP 99-12 was approved by the Planning Commission on November 17, 1999 to permit on-sale beer and wine in conjunction with Layla's Cafe (now Primrose) restaurant. Indefinite Extension of CUP 99-12 was approved on April 18, 2001. o CUP 04-1 was approved on January 21,2004 to allow a drive-thru restaurant for a new Carl's Jr. Restaurant. Indefinite Extension of CUP 04-1 was approved on August 9, 2006. o CUP 07-17 was approved by the Planning Commission on February 6, 2008 to permit the establishment of a drive-through window in connection with a permitted retail 20f8 Planning Commission Resolution 09-6 Conditional Use Permit 09-1 13956 Seal Beach Boulevard - {Primrose Cafe} Februmy /8, 2009 pharmacy (Longs Drugs), and for a modification of the existing approved hours of operation from 7:00 a.m. to 10:00 p.m. daily to new hours of 6:00 a.m. to 12 midnight daily. o CUP 08-7 was approved by the Planning Commission on August 6, 2008 to allow for the upgrade of the existing Type 41 ABC license (on-sale beer and wine) to a Type 47 ABC license (on-sale general) at the Primrose Cafe: (h) The subject property is approximately 342,488 square feet (approximately 7.9 acres) in land area and is developed with a total of approximately 83,964 square feet of lease space. Tenants on the property include a combination of retail shops, financial institutions, medical offices, business offices, and restaurants. Based upon lease information provided to Staff by the applicant, Staff has determined that the center provides adequate parking for the existing mix of uses. There are 387 parking spaces provided within the center, and the existing breakdown of uses, including the proposed additional restaurant space, require a total of 384 parking spaces per current Zoning Code, for a surplus of 3 parking spaces. (i) The closest residential development is located within Leisure World, approximately 80 feet behind the rear of the building and behind the wall that incorporates the Leisure World Community. The closest residential structures are approximately 325 feet from the rear of the subject premises. There is no direct access to the shopping mall through this wall. G) The surrounding land uses and zoning are as follows: NORTH & WEST: Residential High Density Housing located within Leisure World, in the RHD-PD Zone. SOUTH: Commercial retail and light industrial uses located within the Boeing Integrated Defense Systems (BIDS) Specific Plan Zone. EAST: Naval Weapons Station Seal Beach, located within the Public Land Use/Recreation (PLUIR) Zone. (k) Lieutenant Tim Olsen with the Seal Beach Police Department has reviewed the application and has no reservations or concerns regarding the subject requests. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 18-1250,28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 09-1, as proposed to be conditioned regarding business operations, 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-premise sale service of alcoholic beverages subject to the issuance of a Conditional Use Permit. The use is also consistent with the remaining elements of the City's 30f8 Planning Commission Resolution 09-6 Conditional Use Permit 09-1 J 3956 Seal Beach Boulevard - {Primrose Cafe} FebrualY J 8, 2009 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 13956 Seal Beach Blvd. 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 on-premise sale of beer, wine, and distilled spirits, if properly conditioned and enforced, is compatible with the character of the surrounding 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 potential negative impacts to neighboring residential properties. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 09-1, subject to the following conditions: 1. Conditional Use Permit 09-1 is approved to allow an existing restaurant with a Type 47 (On-Sale General) ABC license to expand into an adjacent 975 square-foot lease area. All tenant improvements shall be in substantial conformance with plans submitted as part of the application for Conditional Use Permit 09-1. A patio enclosure plan shall be approved by the Director of Development Services. 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control, and the applicant shall furnish the City a copy of the approved ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 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 California law prohibits drinking outside the licensed premises. 4. 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. 5. Any alcoholic beverages sold to customers utilizing the outdoor dining space shall be served in bottles or glass containers only. 40f8 Planning Commission Resolution 09-6 Conditional Use Permit 09-1 13956 Seal Beach Boulevard - (Primrose Cafe) February 18, 2009 6. The hours of operation for the restaurant shall be 7 :00 AM to 10:00 P.M. daily. 7. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 8. No video games or similar amusements shall be permitted on the premises. 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. Conditional Use Permit 09-1 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the Califomia Department of Alcoholic Beverage Control. 11. The applicant shall prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 12. A modification of this Conditional Use Permit shall be obtained 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. 13. 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 residential or commercial areas. 14. In the event staff determines security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code, to require the provision of additional security measures. 15. The establishment shall have a public telephone listing. 16. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages 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, particularly ABC and penal provisions conceming 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 50f8 Planning Commission Resolution 09-6 Conditional Use Permit 09-1 13956 Seal Beach Boulevard - (Primrose Cafe) Februmy 18, 2009 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 L.E.A.D. Program Telephone: (714) 558-6482 2. Orange County AD.E.P.T. Program, for referral to either the B.AD.D. or T.l.P.S. Program. Telephone: (714) 568-4187 17. 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 no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 AM. 18. 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 or Special Event Permit issued by the City and unless such uses are consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Contro 1. 19. The premises shall comply with Chapter 7.15, "Noise Control", ofthe 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 generated 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 7.15. 20. 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. 21. 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 60f8 Planning Commission Resolution 09-6 Conditional Use Permit 09-1 /3956 Seal Beach Boulevard - (Primrose Cafe) February 18, 2009 Department of Development Services a minimum of ninety (90) days prior to such expiration date. 22. 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. 23. The term of this permit shall be one (1) month. At the end of the initial term, the applicant may apply to the City for an Indefinite Extension of Conditional Use Permit 09-1. The Planning Commission may grant an Indefinite Extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an Indefinite Extension. 24. 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 hannless 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. 25. Failure to comply with any of the aforementioned 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 18th day of February 2009 by the following vote: Deaton, Bello, Larson, and Massa-Lavitt AYES: Commissioners NOES: Commissioners None ABSENT: Commissioners Eagar ABSTAIN: Commissioners None 70f8 Lee Whittenberg Secretary, Planning Commissio ***** 8of8 Planning Commission Resolution 09-6 Conditional Use Permit 09-/ /3956 Seal Beach Boulevard - (Primrose Cafe) FebruaI)' /8, 2009 ~~~ / lery eaton Chairperson, Planning Commission