HomeMy WebLinkAboutPC Res 93-36 - 1993-07-07
RESOLUTION NUMBER 93-36
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING A TWELVE MONTH EXTENSION
FOR CONDITIONAL USE PERMIT NO 92-19,
PERMITTING THE CONTINUATION OF AN
ON-SALE GENERAL LIQUOR LICENSE IN
CONJUNCTION WITH AN EXISTING BAR
LOCATED AT ] ] ] MAIN STREET (CLANCY'S)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE
SectIon I On October 15, 1992, Steve MeIer submitted an applicatIon on
behalf of Clancy's Saloon, Inc, for CondItIonal Use Permit 92-19 WIth the Department of
Development ServIces The applicant was requestmg approval of an on-sale general liquor license
m conjunctIOn With an eXIsting bar located at III Main Street, Seal Beach (Clancy's) ThiS
application was filed m response to CIty Ordinance No 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 OIdlnance
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 categoncally exempt from revIew pursuant to the Callforma EnVironmental Quality Act
pursuant to 14 Calif Code of Regs ~ 15301 (EXisting Uses), because the application IS for an
eXisting use which IS not expanding, pursuant to ~ 15305 (Minor Alterations In Land Use
LImitatIOns), because the proposal Involves a minor alteration In a land use limitation and does not
mvolve 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 slgmficant effect on the environment
Section 3 A duly noticed public heanng was held before the Planmng
CommiSSion on june 9, 1993 and continued to July 7, 1993 to conSider the applicatIOn for
extenSion of CUP No 92-19 No wntten eVidence was submitted for or against the project At
the public heanng the applicant spoke In favor of the request With no persons appeanng In
OppOSition
Section 4
mdlcates the follOWing
The record of the hearing on June 9, 1993 and July 7, 1993
(a) On October 15, 1992, Steve MeIer submitted an application on behalf of
Clancy's Saloon, Inc, for CondItIonal Use Pelmlt 92-19 WIth the Department of Development
Services
(b) The applicant was requesting approval of an on-sale general liquor license
In conjunctIon WIth an eXisting bar located at III Main Street, Seal 8each (Clancy's) ThiS
applicatIon was filed In response to City Ordinance No 1348 whIch reqUIred all eXlstmg
bUSinesses which are lacking a reqUIred use permit to apply to the CIty for such a use penmt
WIthin SIX (6) months of approval of said ordinance
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Phummg COmml......lon ReM)lullon 93-36
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(C) The Planning !conducted a public heanng on ConditIonal Use PermIt 92-19
on November 18, 1992, approved the CondItIOnal Use Permit request on a 4-0-1 vote, WIth
Commissioner OrsIni bemg absent, and adopted Resolution No 92-67, settmg forth 22 conditIons
of approval
(d) CondItion No 22 of Resolution No 92-67 established an InitIal tenn of SIX
months, and mdlcated a twelve-month revIew would be consIdered upon completion of the mltlal
SIX month tenn
(e) ThiS heanng IS for the initial SIX month review
(f) The subject property has 25 feet offrontage on Mam Street, contams
approxImately 2,940 square feet and IS located approxImately 165 feet northerly of the center of
the mtersectlon ofMam Street and Ocean Avenue
(g) The subject property IS legally descnbed as Lot 11, Block 8, Bay City
Tract, m the City of Seal Beach, County of Orange, State of California, as per map recorded m
Book 3, Page 19 of Miscellaneous Maps of said County
(h) The subject property contams a I-story bar located on the front portIon of
the property, With an open parkmg area located to the rear
(I) The subject property IS legally nonconfonnmg due to madequate parkIng
The subject structure contains approximately 1,55 I square feet of mtenor space, requITIng 16
parkmg spaces The subject property prOVIdes the follOWing parkmg
SIX (6) on-sIte parking spaces
Ten (10) grandfathered parkmg spaces
(J) The applicant's are proposmg to mamtaln the eXlstmg hours of operation of
6 00 A M to 2 00 AM, dally
(k) The surroundmg land lIses and zOning are as follows
NORTH, SOUTH
& EAST
Mixed commercIal uses m the ServIce
Commercial (C-I) zone
WEST
A mixture of residential uses located m the ReSidential High
DenSity zone (RHD)
(I)
WIdth of 80 feet
Main Street IS a secondary street developed to ItS ultimate nght-of-way
(m) The subject bat has two com-operated amusement machmes, which were
granted approval through CondItional Use Permit 93-5 (ResolutIOn No 93-14)
(n) A limIted amount of snack Items (ChIpS, popcorn, and candy) are aVaIlable
for purchase, no meals are served on the premises
(0) William Steams, Chief of Police, reViewed the mltlal request and had
concerns about complaints of nOIse at the rear of the premises The Planning CommiSSion reqUIred
the rear door to remam closed after 800 P M (Resolution 92-67, Condition No 21) The Police
Department has indicated that nOise complamts have decreased smce the ImpOSItion of the
condition
(p) Smce the time of the approval of CondItIOnal Use Permit 92-19, staff has
not received any complamts regarding the subject property A review by the Police Department
has mdlcated the number of complamts assocIated WIth Clancy's IS m keeping With the other
restaurants and bars located along Main Street The Police Department IS not concerned With the
granted of thIS extension
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PlmulIng Comml~lon Re\Oluhon 91-36
(q) Staff Inspected the subject property on May 24, 1993, and observed that all
conditIOns of approval are bemg complied with
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) Staff Inspected the subject property on May 24, 1993 and found the subject
property to be abiding by all condItIons of approval of CUP 92-19 as set forth m Resolution No
92-67
(b) The granting ofa twelve (12) month extension of CUP 92-19 IS consistent
wIth the proVISIOns of the General Plan which indIcate the subject property IS to be used for
general commercial purposes
( c) The bUIlding and property at 111 Mam Street are adequate In Size, shape,
topography and location to meet the needs of the eXlstmg 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 continuatIOn of the use of the subject proDerty as a bar seTVIn~eer,
I 'to 4. f. T"-e ~&."'&r ;if...
wme and distilled spmts on the premIses IS compatible With the Int8RiI:e Sl:aFlleter ef the aln
Street area Adherence to the 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
nelghbonng reSIdential propertIes
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(f) The Seal Beach Police Department has reviewed the eXisting records of the ,...
bar and has no reservatIons regarding the requested extension of the conditIonal use permIt
SectIon 6 Based upon the foregoing, the Planning Commission hereby
approves a twelve month extensIOn for CondItional Use PermIt 92-19, subject to the followmg
conchtlons
I CUP # 92-19 IS approved for an alcohol-related land use for on-sale purposes at III Main
Street and IS Issued to Steve Meier (Clancy's Saloon, Inc )
2 The applicant shall comply With all restnctIons placed upon the license Issued by the State
of California Department of Alcoholic Beverage Control
3 The hours of operatIon shall be 6 00 A M to 2 00 A M dally
4 No VIdeo games or Similar amusements shall be permitted on the premIses, except those
permitted pursuant to Conditional Use Permit 93-5
5 There shall be no extenor advertISing of any kmd or type, including advertising directed to
the extenor from WIthin, promoting or indicating the avaIlabIlity of alcoholic beverages
6 The applicant WIll prominently dIsplay these condItions of approval In a location wlthm the
business's customer area that IS acceptable to the DIrector of Development SeTVIces
7 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 notanzed and returned to the Plannmg Department,
and untIl the ten (10) day appeal penod has elapsed
8 A modIfication of this Conditional Use Permit shall be obtained when
(a) The establishment proposes to change ItS type of liquor license
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PI...nmng (,omm.....lon Rr..~lullon 93-36
(b) The establishment proposes to modIfy any of It's current conditions of approval
(c) There IS a substantial change In the mode or character of operations of the
establishment
9 The Plannmg CommissIon reserves 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 In Article 25, of Chapter 28 of the Code of the CIty of Seal Beach
10 Extenor lighting In the parkmg area shall be kept at a level so as to proVIde adequate
lIghtmg for patrons while not unreasonably disturbing surrounding residential or
commercial areas
11 In the event staff determines that secunty problems eXist on the Site, the conditions of thiS
permit may be amended, under the plOcedures of the Seal Beach MUnicIpal Code, to
requIre the prOVISion of addItIOnal secunty measures
12 The establishment shall have a public telephone listing
13 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 mclude, but not be limited to the follOWIng tOpiCS and skills development
a) State laws relatmg to alcoholic beverages, partlculatly ABC and penal proVISIons
concerning sales to minors and intoxicated persons, dnvlng under the mfluence,
hours oflegal 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 mnocent 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 recognlzmg 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 cntena
I) Department of Alcoholic Beverage Control LEA D Program
Telephone
(714) 558-6482
2) Orange County A D E P T PlOgI am, for referral to eIther the BAD D or
TIP S Program
Telephone
(714) 568-4187
14 LItter and trash receptacles shall be located at convenient locatIOns inSide and outSide the
establishment, and operators of such establishments shall remove trash and debns on an
appropnate 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
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Planmng Comml....lon Rl,.fI;olubon 93.36
15 The applicant must bear the cost of modificatIOn or cease operatIOns If harm or
police-related problems are demonstrated to occur as a result of cnmmal or antisocIal
behavIor, mcludmg but not limited to the 100tenng of patrons around the extenor of the
bar, excessive nOIse, violence, public drunkenness, vandalism, solicitatIOn and/or litter
16 All alcoholic beverages sold m conjunction with the on-premise licensed establishment
must be consumed entirely on the premises pnor to c10smg time, and none shall be sold as
take-out
17 There shall be no live entertamment, amplified or acoustiC, and/or dancing permitted on
the premIses at any tIme, unless specifically authonzed by a condItional use 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 Control
18 The faCIlity shall comply with ChapteI I3D, "NOIse Control", of the Code of the CIty of
Seal Beach as the reb'lllatlons of that Chapter now eXIst or may hereafter be amended
Should complamts be receIved regardmg nOises generated by the facdlty, the Planmng
CommISSIOn reserves the nght to schedule the subject permIt for reconsIderatIOn and may
reqUIre the appllcant/operatOl to mitigate the nOise level to comply WIth the provIsions of
Chapter I3D
19 The sale of alcoholic beverages for consumption off the premIses shall be prohibIted
Consumption of alcoholic beverages shall be prohibited m the establishment's parkmg area
There shall be appropnate posting of signs both mSlde and outSIde the licensed premIses
mdlcatmg that dnnkmg outSIde the licensed premises IS prohibited by law
20 The knowledge and skills deemed necessary for responSIble alcoholic beverage service as
set forth m ConditIOn No 15, shall Include for on-premise licensed locatIOns, but not be
limited to the followmg additional tOpICS and skIlls development
a) Methods to appropnately pace customer dnnkmg to reduce the nsk that the
customer Will not leave the pI emlses m an mtoxlcated manner
b) Knowledge ofmlxology, mcludmg marketable alternatives to alcoholic beverages
21 The applicant shall allow City staff, mcludmg but not limited to Planning, Buddmg and
Police Department staff to enter the establishment dunng normal busmess hours from time
to time to determme compliance With the above listed conditions of approval
22 The term of thIs permit shall be for twelve (12) months, after which time the CommISSion
shall review the use and may extend the penmt mdefinltely, prOVIded all conditIons of
approval have been satisfied and no Significant police-related problems have occurred
PASSED, APPROVED AND ADOPTED by the Planning 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 Dahlman. Fife. Law Sharp. Soukup
NOES
CommiSSioners
ABSENT
C'ommlsslonel s
Whittenberg, Secretary
annlng CommiSSIon
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