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Home My WebLink AboutPC Res 92-30 - 1992-11-18 , RESOLUTION NUMBER 92-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING A MODIFICATION TO TIIE CONDITIONS OF APPROVAL OF CUP 92-2, AMENDING HOURS OF OPERATION AND SETTING FORTH TIME REQUIREMENTS FOR THE SERVICE OF FOOD, LAST CALL ON THE SERVICE OF ALCOHOLIC BEVERAGES AND CLOSING PROCEDURES IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 101 MAIN STREET, SUITE 0 (SEASIDE GRILL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIon I On behalf of SeaSIde Gnll ("the subject restaurant"), JIm Watson, owner of the property located at 101 MaIn Street, has apphed for a modificatIOn of CondItIOnal Use Perrmt No 92-2, to extend the hours of operatIon of the subject restaurant from 10 00 P m to I 00 a m datly The owners of the subject restaurant are Ron and Pat Sesler (" Apphcants") Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUIdelInes, staff has determIned as follows A one-hour extension of operatIng hours from 10 00 P m to II 00 P m on Sunday through Thursday at 101 MaIn Street, SUIte 0 IS categoncally exempt from the prOVISions of the Cahfornla EnVironmental Quahty Act (14 Cahf Code of Regs ~ 15305, MInor Alterations In Land Use Limitations) as the proposed expansIon of hours Involves only a mInor alteratIOn In land use hmltatlons, e g , an Increase In the hours of operation, and does not Involve a site With greater than 20% slope or a change In land use or denSity Further, the extensIon of operatIng hours IS categoncally exempt pursuant to ~ 15301 (ExistIng Uses), because It Involves the neghglble expansIon of an eXistIng use, and pursuant to ~ 15061(b)(3), because It can be seen With certaInty that there IS no POSSlblhty that the approval may have a slgmficant effect on the environment Section 3 A duly notIced pubhc hearIng was held on October 7, 1992, and contInued to November 4, 1992, to conSider the proposed extension of operatIng hours at the subject restaurant EVIdence, both wntten and oral, was submitted In favor and agaInst the apphcation Section 4 The record of the October 7, and November 4, 1992 heanngs Indicates the follOWIng (a) The subject property IS generally flat and rectangular and IS located at the northwestern corner of Ocean Avenue and MaIn Street and contaInS apprOlumately 11,000 square feet Its Orange County Assessor's Parcel Number IS 199-034-17 The property has apprOlumately 100 feet offrontage on Ocean Avenue and liD offrontage on MaIn Street The property currently contaInS a mixture of commercIal uses, IncludIng the subject restaurant The subject restaurant IS located In 101 MaIn Street, SUite 0 The subject restaurant IS a 921115 ]lw 0680256 A (11 Plannmg Conum..,on Resoluhon No 92-30 ~ delicatessen-type restaurant servmg a large selection of hot and cold sandwiches, soup, salads and hot breakfasts (b) The subject property's surroundmg land use and zoning classificatIOns are as follows NORTH & EAST Mixed commercial uses m the ServIce CommercIal (C-I) Zone SOUTH Eisenhower Park and the city beach m the Public Land Use Zone (pLU) WEST A commercial office bUlldmg m the ServIce Commercial Zone (C-I), and a mIxture of multI-family and smgle-family residentIal dwellmgs m the ReSIdential High DenSIty Zone (RHD) (c) On May 6, 1992, the Planmng Commission adopted Resolution No 92-8, condItionally approvmg ConditIonal Use Permit No 92-2, to allow the sale of beer and wme (ABC License Type 41) for the subject restaurant The conditions of approval of CUP No 92-2 include Condition of Approval No 8, whIch sets the restaurant's hours of operation as follows 7 00 a m - 10 00 P m Sunday - Thursday 7 00 am - 11 00 P m Fnday, Saturday and Special EventsIHolldays (d) On June 20, 1992, applicant's representative SIgned, and had notanzed, the CIty's Acceptance of ConditIOns form for CUP 92-2 (e) On June 10,1992, the Department of Alcoholic Beverage Control (ABC) Imposed conditions upon the subject restaurant's ABC license The ABC limited the sale, service or consumptIon of alcoholic beverages to the hours of 8 00 a m to 11 00 P m daily (f) The subject property, 101 Mam Street, has receIved the followmg approvals from the Planmng CommiSSion (partIcular sUite m parenthesIs) CUP 10-76 for on-sale beer and wme m conjunctIon WIth an italian restaurant (SUite 0) Plan RevIew 2-77 approVIng a sign program (entire property) SPR 22-77 for the above-mentioned sign program (entire property) V AR 1-77 A vanance for archItectural projections mto the front setback (entIre property) 921]}5 Jlw 0680256 A (11 Planmng CommIssIon Resolul1On No 92.30 . . CUP 7-80 for on-sale beer and wme at Giancola's restaurant (Suite 0) CUP 4-82 to transfer the above-mentioned on-sale beer and wine lIcense (Suite 0) MHD 2-84 to allow for a mmor height vanance for an architectural projection (entire property) (g) SUite 0 has had a history of on-sale beer and wme service dating back to 1976 when CUP 10-76 was ISSUed to GIancola's !tah,m Restaurant (h) The Seal Beach PolIce Department has reviewed the eXlstmg records of the restaurant and has no reservations regardmg the expansion of hours (I) The subject property IS located approximately 35 feet from a nonconfomung residence m the C-I zone and approximately 50 feet from the nearest residentially zoned and occupied structure (J) There IS no history of extraordmary demands for polIce services assOCiated WIth the operation of the SeaSide Gnll Section 5 Based upon the facts contamed m the record, mcludmg those stated m ~ 4 of this resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City's Code, the Planmng Commission hereby finds as follows I A one-hour extensIOn m operatmg hours on Sunday through Thursday evemngs 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 Such a designatIOn mcludes the subject restaurant's eXlstmg use of on-sale service of beer and wme The extensIOn IS also consistent With the remalmng elements of the City's General Plan as the pohcles of those elements are consistent WIth, and reflected m, the Land Use Element Accordmgly, the extension of hours IS consistent WIth the General Plan . 2 The bUlldmg and property at 101 Mam Street and SUite 0 are adequate In Size, shape, topography and location to meet the needs created by expandmg the hours of operation by one hour on Sundays through Thursdays 3 ReqUired adherence to apphcable bUlldmg and fire codes ensures there WIll be adequate water supply and utilities for the proposed use 4 An extra hour for five days on-premises sale of beer and wme is compatible WIth surroundmg uses In the Mam Street/Ocean Avenue area and In the commumty In general Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of A1cohohc Beverage Control WIll mitigate negative Impacts upon nelghbonng residential properties, therefore, the requested permit allows a use that IS compatible WIth surroundmg uses and that IS not detnmental to the neighborhood 921115 J1'" 0680256 A {Il " Planmng Commission Resoluhon No 92-30 I . Section 6 Based upon the foregomg, the PlannIng Commission hereby approves a modification to ConditIOnal Use PermIt 92-2 Specifically, Condition 8 IS amended and Conditions 14 and ] 5 are added to read as follows 8 The hours of operation shall be from 7 00 a m to ] I 00 P m daily 14 The last call for ordenng alcohohc beverages shall be no later than ten (10) mmutes pnor to c10smg (] 0 50 pm, If the use remams open until I] 00 pm), a complete menu of food shall be available for purchase up to at least one-half hour pnor to cIosmg (] 0 30 pm, If the use remams open until II 00 pm) and all patrons shall be out of the restaurant wltlun one-half hour of c10smg (I I 30 pm, If the use remams open until I I 00 pm) ]5 Apphcants shall mdemnifY, defend and save harmless the City of Seal Beach, ItS officers, agents and employees (collectively, "the City") from and aglllnst any and all hablhty or expense, whatsoever occumng or resultmg to persons or property for damage, bodily injury or death ansmg out of or 10 connection WIth the Issuance of this approval or the exercise of the nghts accrumg from thiS approval, and shall specifically mclude, without hmltatlon, all challenges to, or claims, lawsUIts or actions ansmg from, the Issuance of thiS approval Apphcants' obhgatlon to indemnIfY, defend and save harmless the City shall Include, but not be hmlted to, defense costs and fees mcurred by legal counsel of the City's chOice PASSED, APPROVED AND ADOPTED by the PlannIng Commission of the City of Seal Beach at a meetmg thereof held on the 18th day of November ]992 by the followmg vote AYES Commissioners Sharp, Law, Flfe Dahlman, Orsinl NOES Commissioners ABSENT Commissioners . W1uttenberg, Secretary Planmng Cormrusslon 921115 Jlw 0680256 A (1)