HomeMy WebLinkAboutPC Res 93-37 - 1993-07-07
RESOLUTION No 93-37
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH, APPROVING
COl\'DITIONAL USE PERMIT #92-2, A REQUEST
FOR AN ALCOHOL-RELATED LAND USE ENTITLEMENT
FOR ON-PREMISE SERVICE OF BEER AND WINE AT
THE SEASIDE GRILL, 101 MAIN STREET, SUITE 0
SEAL BEACH, CA
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIon I
On March 12, 1992, PatncIa and Ronald Sesler, ("ApplIcants") filed an applIcation for
ConditIOnal Use PermIt (CUP) #92-2 WIth the Department of Development ServIces
The ApplIcants seek (1) mdeflnlte exten~lOn of an alcohol-related land use entitlement for
on-premIse servIce of beer and wme m conjunctIOn With an eXlstmg restaurant (SeaSIde
GnU) and (2) modification of operatmg hours to I 00 a m dally at 101 MaIn Street,
SUIte 0, Seal Beach pursuant to ~~28-1300, 28-1302, 28-1303, 28-1304, 28-2503, 28-
2504 and 28-2209(6) of The Code of the CIty of Seal Beach. CA (Code)
SectIon 2
An InItial Study and proposed Negative Declaration #92-7 for a sundar request, dated
December 28, 1992, was Circulated for revIew and comments m accordance With the
proVISIons of the California EnVIronmental Quality Act (CEQA) and CIty of Seal Beach
gUIdelInes Comments were receIved by the CIty.
ThiS activIty IS wlthm the scope of Negative Declaration #92-7, whIch adequately
descnbes the activIties proposed for the purposes of CEQA and no further envlTonmental
review IS reqlllred
SectIon 3
A duly noticed PublIc Heanng was held before the PlannIng CommISSIOn on July 7, 1993
to conSIder the application for CUP #92-2 EVIdence, both wntten and oral, was
submItted for and agamst the applicatIOn At the PublIc Heanng, the ApplIcants and
Sixteen (16) persons spoke m favor of the request, With eIght (8) persons speakmg m
opposition
SectIon 4
The record of the Public Heanng on July 7, 1993 mdlcates the follOWIng.
(a) The subject property IS located at 101 MaIn Street, SUIte 0, Seal Beach
and contams approxunately 944 square feet.
(b) The subject property currently contam~ an eXlstmg restaurant WIth a
current Department of AlcoholIc Beverage Control (ABC) lIcense
(c) The subject property's surroundmg land use and zOning claSSIfications are
NORTH & WEST A mIxture of offices, commercIal retaIl, commerCIal
servIces and multi-famIly reSIdentIal uses In the C-I
(ServIce Commercial) zone
Page 2
PluulIng Lonlllll""IOR RC'IOlutlon No 93-37
t.tJP #92-2/~ 1~ldc Onll/lOl M.lln bot J~'1ler
SOUTH
EIsenhower Park, the MUnICIpal Pier and the beach
located m the PLU (PublIc Land Use) zone
EAST
CommercIal retaIl busmes~es m the C-I zone
(d) The subject property has prevIOusly receIved the followmg PlannIng
CommIssIon approvab
. Initial ApplicatIOn On March 12, 1992, Ronald and PatrIcia
Sesler submItted an applIcatIOn for Conditional Use PermIt (CUP)
#92-2 to the Planmng Department
The applIcants requested Planning CommIssIOn revIew and
approval for on-premIse beer and wme sales m conjunctIOn WIth
the transfer of ownershIp of an eXlstmg restaurant (SeaSide GnU)
located at 101 Mam Street, Seal Beach, CA
. Aporoval On May 6, 1992 the Plannmg Commls~lon approved
CUP #92-2 through the adoption of ResolutIOn No 92-8 The
followmg hours of operation were approved
7 00 a m. to 10 00 p m Sunday thru Thursday
7.00 a m to II 00 p.m Fnday, Saturday and
SpecIal Events/HolIdays
. Acceptance of Conditions On June 20, 1992, PatriCIa Sesler
sIgned and had Notanzed the CIty's Acceptance of Conditions
form, thus acceptmg the condItions of ResolutIOn No 92-8
. ModIfication of Condltlon~ On September 2, 1992 the property
owner, James Watson, appealed to the Planning CommissIon, on
behalt of the Sesler's, for modIficatIOn of CUP #92-2, requesting
the tIme of closure be amended from 10 00 p m to 1 00 am.,
seven days a week
. Planning CommIssIon ConSIderatIon. On September 9, 1992
Planning Department staff presented the Planning CommISSIon WIth
a ~taff report regardmg the request for hours modIfication The
CommISSIon determmed the requested modIfIcation warranted a
PublIc Hearmg and thiS was scheduled for October 7, 1992
On October 7, 1992 the PlannIng CommiSSIOn held a PublIc
Heanng to conSIder the modIfication to hours. Planning
Department staff recommended denial of the request for hours
modIficatIOn because thIS applIcatIOn represented a premature
attempt to mtenslfy thIS use before the use had operated for a
suffiCient time (12 months), allowmg the City to evaluate Its actual
Impacts on surroundmg uses Staff recommended the applIcants
defer thIS application for one year, until ItS revIew would come
before the Plannmg Comml~Mon The PublIc Hearmg was
contmued to November 4, 1992
Durmg the Plannmg CommISSIon's conSIderatIOn of the request,
the applicants modIfied the applIcation to request theIr hours of
operation be extended only to II 00 P m Sunday through
Thursday
Page 3
Phonmg C. onutll'lSIOIl Re'lOlutlOR No 93-17
t.UP #92-2/~<tldc 01111/101 M'IUl ~t ISesler
On November 4, 1992 the Planmng CommIssIOn contmued the
PublIc HeaTIng Its determmatIon was for the Planmng
CommIssion to request CIty CouncIl consIderatIon for staff
preparatIon of an Initial Study regardmg mtenslficatIon of land
uses along Mam Street
On November 18, 1992 the Plannmg CommIssIon approved
ResolutIon No 92-30, approvmg a modIficatIon to the condItIons
of approval for CUP #92-2, amendmg the hours of operation and
settmg forth tIme reqUIrements for the service of food, last call on
the servIce of alcoholic beverages and c10smg procedures
. InitIal Study On December 18, 1992 staff prepared Negative
DeclaratIOn #92-7 and an ImtIal Study at the mstructIon of the CIty
CouncIl No action regardmg the Negative DeclaratIon was taken
by the City CouncIl at the tIme of the January 25, 1993 PublIc
Heanng
. Appeal On November 25, 1992, an appeal was filed to overturn
the Plannmg CommIssIOn's approval for the hours modIficatIOn
. CIty CouncIl Con~lderatlon On January 4, 1993, the CIty CouncIl
conducted a PublIc Heanng to conSIder the appeal from the
Planning COImms~IOn's decISIon to modIfy CUP #92-2 The
applIcant's attorney, Ray Ochoa, requested a contmuatlOn of thiS
Public Heanng
On January 25, 1993, the CIty CouncIl, at the contmued PublIc
Heanng, de1l1ed the request for modIficatIon of hours through the
adoption of Resolution No 4198 by a vote of 4 - I
. Present Hearmg. CUP #92-2 IS before the Planmng CommIssIon
at thIS tune pursuant to CondItion #10 of ResolutIOn No 92-8
(e) The Department of Development ServIces deems the property to meet all
parkmg Code reqUIrements for ten (10) on-sIte parkmg spaces by the
shared use of twenty-four (24) on-sIte parking spaces and five (5)
'grandfathered' parkmg spaces
(t) The Seal Beach PolIce Department revIewed the applIcation for CUP #92-
2 and reports It has no re~ervatIons regardmg the proposed alcohol-related
land use entItlement
(g) The CIty receIved two (2) letter~ m response to the Notices of the PublIc
Heanng on CUP #92-2 One letter m support of the application and one
letter m opposItion
(h) Staff mspected the SeaSIde Gnll on June 29, 1993 and found the Site to
have two bathrooms, a fully eqUIpped kitchen but no dIshwasher.
ApplIcant told staff he uses paper product~ to serve hIS food The menu
gIven to ~taff on thIS mspectlon does not mclude breakfast, as was Imtlally
planned, but the applIcant ~ald he plans to get breakfa~t m soon The
present menu conslst~ of sandWIches and a green salad The sIte has two
lighted beer ~Igns at the back of the bar area whIch face the wmdows on
Mam Street
(I) The ~ubject property IS located 35 feet from the nearest reSIdential
structure and 50 feet from the nearest reSIdentIal zone
Page 4
PI mmng Colrunl....l00 RC'.oluIIOll No 93-37
<..UP #92-2/~"c.,lde Onll/lOl M.w1 M l&e,lcr
(J) The SeaSide GnHls a restaurant featunng a selection of beer, wme and
non-alcoholIc beverages, sandWIches, soups and a salad
Section 5
Based on the facts con tamed m the record, mcludmg those state m Section 4 of thIS
resolutIOn, and pursuant to Code ~!l 28-2503 and 28-2504, the Planning CommIssIon
hereby finds
I CUP #92-2 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 The use IS also consIstent WIth the remaIning elements of the
CIty General Plan as the policIes of those elements are consIstent With, and
reflected m, the Land Use Element Accordmgly, the proposed use IS consIstent
WIth the General Plan
2 The bUlldmg and property at 101 Mam Street are adequate m Size, shape,
topography and location to meet the needs of the propo~ed u~e of the property
3 ReqUIred adherence to applIcable bUlldmg and fire codes ensure there wIll be
adequate water supply and utilities for the proposed use
4 The on-sale servIce of beer and wme IS compattble With the character of the
subject 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 negattve Impacts to nelghbonng resldenttal properties
5. The Seal Beach PolIce Department has revIewed the eXlstmg records and has no
reservatIOns regardmg the mdefinlte extensIon of the CondItIOnal Use Permit or
the modIficatIOn of hours
SectIOn 6
Based on the foregomg, the Planning Comml~Slon hereby approves CUP #92-2 subject
to the foHowmg conditIons
1. CUP #92-2 IS extended for on-preml~e sale of beer and wme at 101 Mam Street,
SUIte 0 for twelve (12) month~, and IS I~SUed to Ronald and Patncla Sesler for
SeaSIde GnH
2. The applicant shaH comply WIth aH restnctlOns placed upon the lIcense ISSUed by
the State of Cali forma Department of AlcoholIc Beverage Control
3 The applIcant shaH 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 shaH be done as soon as the IIcen~e IS receIVed by the applIcant
from the State of CalIfornia Department of AlcoholIc Beverage Control
4 The hours of operation shaH be
. 7 00 a m to II 00 P m Sunday through Thursday
. 700 a m to 1200 am Fnday and Saturday, Special
Events and HolIdays
5 No Video games or snmlar al11u~ement~ shaH be permitted on the prelmses
6 There shaH be no extenor advertl,mg of any kmd or type, mcludmg advertlsmg
PageS
Planmng ConUl1l'1'lI01l Resolution No 93-17
(lIP #92-2J\l~ldc: (;11111101 M'un M l!..l.Ilcr
dIrected to the extenor from WithIn, promotmg or mdlcatIng the availabilIty of
alcohohc beverages
7 The applIcant WIll prommently dIsplay these condItIons of approval m a locatIOn
wlthm the busmess's customer area that IS acceptable to the Director of
Development Services
8 ThIS ConditIOnal Use PermIt shall not become effective for any purpose unless
an "Acceptance of CondItions" form has been sIgned by the apphcant m the
presence of the DIrector of Development SerVices, or notanzed and returned to
the Planmng Department, and until the ten (10) day appeal penod has elapsed.
9 A modIficatIOn of thl~ CondItional Use PermIt shall be obtaIned when
(a) The estabhshment proposes to change Its type of lIquor hcense.
(b) The establIshment propose~ to modIfy any of It'S current conditions
of approval.
(c) There IS a substantIal change m the mode or character of
operatlOn~ of the establl~hment
10 The Planning CommISSIOn re~erves the nght to revoke or modIfy thIS CondItional
Use PermIt If any Violation of the approved condItions occurs, any VIOlatIOn of
the Code of the CIty of Seal Beach, occurs, or for those reasons specIfied by
Article 28, and m the manner specIfied m ArtIcle 25, of Chapter 28 of the Code
of the CIty of Seal Beach
II Extenor IIghtmg m the parkmg area shall be kept at a level ~o as to proVIde
adequate hghtmg for patron~ while not unreasonably dlsturbmg surroundmg
reSIdential or commercIal areas A hghtmg plan shall be proVIded, subject to
revIew and approval by the Director of Development Services, whIch promotes
mmlmal dl~turbance to nearby resldences
12 In the event staff determines that secunty problems eXist on the SIte, the
condItions of thIS permit may be amended, under the procedure~ of the Seal
Beach Mumclpal Code, to reql1lre the provIsIon of addItional ~ecunty measures
13. The e~tabhshment shall have a publIc telephone h~tmg
14 It shall be the responslblhty of the appllcant/hcen~ee to prOVIde all employees that
selI 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 shalI mclude, but not be lImited to the folIowmg tOpiCS aIld skIlls
development
a) State laws relating to alcoholIc beverages, particularly ABC and penal
provlslon~ concerning sales to mmors and mtoxlcated persons, dnvmg
under the mfluence, hours of legal operatIOns and penalties for VIOlations
of these laws
b) The potential legal lIabIlitIes of owners and employees of busmesses
dlspensmg alcoholic beverages to patrons who may subsequently mjure,
kIll, or harm themselves or mnocent VICtllll~ as a result of the excessive
consumption of alcoholIc beverages
.....6
P1l1lDlng (.Olnml'J'loIOD Rc..oluboo. No 93-37
('UP #92-2/\ea'>lde OnllltOI Matn ~t l&eI1er
c) Alcohol as a drug and Its effects on the body and behavIor, mcludmg the
operatIon of motor vehlcle~
d) Methods for dealing WIth mtoxlcated customer~ and recognIZIng underage
customers
The folJowmg organizatIons have been IdentIfied by the State Department of
AlcoholIc Beverage Control as provldmg trammg programs whIch comply With
the above CTI teTla
Telephone
(714) 558-6482
1) Department of Alcohohc Beverage Control LEA D Program
2) Orange County A D E P T Program, for referral to eIther the B A D.D
or TIP S Program
Telephone
(714) 568-4187
15 LItter and trash receptacles shalJ be located at convenient locatIons mSlde and
outSide the estabhshment, and operators of such e~tablIshments shall remove trash
and debTls on an appropnate baSIS so as not to cause a health problem There
shalJ be no dumpmg of trash and/or glass bottles out~lde the establIshment
between the hours of 10 00 P M and 7 00 A M
16. The Planning CommIssion reserves the TIght 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
cnmmal or antI-socIal behavIOr, Includmg but not lImIted to the congregatIOn of
mmors, VIolence, public drunkenness, vandalIsm, solICItatIOn and/or lItter
17 ThIs CondItIonal Use Permit shalJ become null and VOId unless exercised wlthm
one (I) year of the date of fmal approval, or such extensIon of tIme as may be
granted by the Planning COImms~lOn pur~uant to a wntten request for extension
submItted to the Department of Development ServIces a minimum of ninety (90)
days pnor to such expiratIon date
18 AlJ alcohohc beverage~ ~old m conjUnctIOn WIth the on-prelnIse lIcensed
establIshment mu~t be consumed entIrely on the premises pnor to c10smg time,
and none shall be sold as take-out
19 CondItIOnal Use PermIt #92-2, shalJ be automatlcalJy termmated If the operation
IS no longer mamtamed as a "bona fide publIc eatmg place" as defined by the
CalI forma Department of AlcoholIc Beverage Control
The estabhshment mu~t serve a complete menu of food untIl thIrty (30) mmutes
pTlor to c10smg tllne
20 There shalJ be no lIve entertamment, amplifIed mUSIC, or dancmg permItted on
the premIses at any tllne, unless speclficalJy authonzed by a condItIonal use
permIt I~SUed by the City and unless such uses are consIstent WIth the lIcense
condItions unposed by the State of California Department of AlcoholIc Beverage
Control
21 The proposed facIlIty shalJ 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 complamts be receIved regardmg nOISes
generated by the faCIlIty, the Plannmg CommlsMon reserves the TIght to schedule
Pogo 7
1)1 ummg (.omnl1'\IOII Rc'tOlullon No 91-17
(. UP #92-2/~"~lde Onll1101 M'lln M J~'lk.r
the subject permIt for reconsIderatIOn and may reqUIre the applIcant/operator to
mlttgate the nOise level to comply with the provIsions of Chapter 13D.
22 The sale of alcoholIc beverages for consumptton off the premises shall be
prohIbIted. ConsumptIon of alcoholIc beverages shall be prohIbIted m the
establIshment's parkmg area There shall be appropnate postmg of sIgns both
mSlde and outMde the IIcen~ed premIses mdlcatmg that dnnkIng outSIde the
licensed premIses IS prohibited by law
23 The knowledge and skIlls deemed necessary for responsIble alcoholIc beverage
servIce as set forth m Condition No 15, shall mclude for on-premIse lIcensed
locatIOns, but not be llll11ted to the followmg addItional tOpICS and skIlls
development
a) Methods to appropnatel y pace customer dnnkIng to reduce the nsk that
the customer WIll not leave the premIses m an mtoxlcated manner.
b) Knowledge of nllxology, mcluding marketable alternatives to alcoholIc
beverages
24 The apphcants may apply to the CIty m July 1994 for a Planning CommISSIon
revIew of CUP #92-2 for mdefimte exten~IOn
25 All wmdows and door~ of the SeaSIde Gnll WIll be closed by 10 00 p.m. daIly
PASSED, APPROVED AND ADOPTED by the Plannmg CommIssIon of the CIty of Seal Beach
at a meetmg thereof, held on the 7th day of July 1993 by the followmg vote
AYES
CommISSIOners FIfe. Shall'. Law
NOES
Commls~IOners Dahlman. Soukup
ABSTAIN
ABSENT