Loading...
HomeMy WebLinkAboutPC Res 93-32 - 1993-06-09 RESOLUTION No. 93-3:1. A RESOLUTION OF TIlE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, CA APPROVING CONDmONAL USE PERMIT #92-21 ,PERMITI1NG AN ON- SALE BEER AND WINE LICENSE CONJUNCTION WITH AN EXISTING RESTAURANT AT 303/305 MAIN STREET, SEAL BEACH (MAIN STREET CAFE & GRILLE) THE PLANNING COMMISSION OF TIlE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 5, 1993, Josiane Tafani ("Applicant") fiJed an application with the Department of Development Services to indefinitely extend Conditional Use Permit #92-21. 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 #92-21 is categorically exempt from review pursuant to CEQA, pursuant to 14 Calif. Code of Regs. U5301 (Existing Uses), because it involves the negligible expansion of an existing use; pursuant to ~15305 (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. A duly noticed Public Hearing was held before the Planning Commission on June 9, 1993, to consider the application for CUP #92-21. Evidence, both written and oral, was submitted for and against the application. Section 4. The record of the Public Hearing on June 9, 1993 indicated the following: . On November 2, 1992, Josiane Tafani submitted an application, CUP #92-21, to the Department of Development Services. . On December 9, 1992, the Planning Commission approved CUP #93-21 through the adoption of Resolution No. 92-77. . On May 5, 1993, Josiane Tafani applied to indefinitely extend CUP #92-21. . The subject property is located within the Seal Beach Mall, a multiple tenant retail center, at the northwesterly corner of Main Street and Electric A venue. There are twelve (12) tenants in the Mall. . The subject property is legally described as Lots 1, 3, 5, 7, 9, 11, 13, 15 of Block 208 of Stanton and Lothian's First Addition to Bay City in the City of Seal Beach, Map recorded Book 3, Page 29 Miscellaneous maps, Office of the County Assessor, County of Orange, State of California. . The surrounding land uses and zoning are as follows: NORTH, SOUTH & EAST A mixture of commercial uses In the Service Commercial zone (C-l). WEST Multiple family dwellings in the Residential High Density zone (RHD). . To the East is the Sea Coast Community church (formerly Lighthouse Christian Assembly) at 919 Electric Avenue. Staff measurement of an Orange County Assessor's \ Pq.z city or Seal Beach Planai.q Colllllliuioa CoudillODaI Uw; Pennh m-21 . 3031305 MaiD Street ReIIOlution No. ~ map shows this to be 300' from the Main Street Deli. To the East is St. Anne's Church at 340 Tenth Street. Staff measurement of an Orange County Assessor's map shows this church to be 450' from the Main Street Deli. The nearest residential structure is to the West, at the rear of the Mall and across the alley. The patio is adjacent a large parking lot, to the South. . The subject property has received the folIowing approvals: CUP 13-77: CUP 88-12: CUP 88-12: CUP 91-7: On-sale beer and wine license/Resolution No. 1083 Approved a #41 license via Resolution No. 1525 Indefimte extension approved via Resolution No. 1561. Transferred existing #41 license with ownership transfer via Resolution No. 1629. Indefinite extension approved via Resolution No. 92-12. Approval for six months via Resolution No. 92-77. CUP 91- 7: CUP 92-21: . Chief of Police William Stearns has reviewed thiS application and has no reservations on Its approval. . Review of ABC documents for CUP #92-21 indicates the folIowing information and concerns: This is ABC license #41-283211 and is issued to Josiane Tafani. The premises is in the immediate vicinity of Sea Coast Community Church and St. Anne's Church. Activities and conduct of persons at the patio is partially visible from the interior of the premises and the unsupervised consumption of alcoholic beverages could become a public nuisance contrary to public welfare and morals. An unrestricted license may induce the unlawful removal of alcoholic beverages from this patio and/or consumption of alcoholic beverages by minor or intoxicated persons. The issuance of an ABC license without conditions would be contrary to public welfare and morals. Five (5) conditions were placed on the license and these are, sales/service/consumption is allowed between 8:00 a.m. and 10:00 p.m. daily, the premises must not be operated as a public premise, the quarterly gross sales of alcoholic beverages won't exceed the gross food sales, they are not allowed to have live entertaInment, amplified music or dancing and the licensee or any employee of the licensee must be present on the patio to ensure State ABC laws are not violated. Section 5. Based upon the facts contained in the record, includmg 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 folIows: (a) The granting of CUP #92-21 is consistent with the provisions of the General Plan which indicates the subject property is to be used for general commercial purposes. ~ , .....3 City of Seal Beach JlIanaiDc CollllDiMion CoDCbdoaa! Vile PermIt 192.21 . 303I3OS MaiD Street Resolution No. 93-sa... (b) The building and property at 303/305 Main Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (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 wine 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. Section 6. Based on the foregoing, the Planmng CommIssIon hereby approves Conditional Use Permit #92-21, subject to the following conditions: 1. CUP # 92-21 is indefinitely extended for an on-sale beer and wine license at 303/305 Main Street and is issued to Josiane Tafani for the Main Street Cafe & Grille. 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. In connection with City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code ~~ 23000 to 26000, including but not limited to Rule 61.3(a) and 61.4. 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 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. 4. The hours of operation shall be 6:00 A.M. to 10:00 P.M. daily. 5. No video games or similar amusements shall be permitted on the premises. 6. 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. 7. 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. 8. 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. 9. A modification of this Conditional Use Permit shall be obtained when: (a) The establishment proposes to change its type of liquor license. Pog.4 Cily or SeaJ. Beach PIaoni.. ComlDlllion Conditional Ute Permit 192--21 . 3OJ13OS Main Street _60. N.. !l3-3:l.. (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. 10. The Planning 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 City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the ~ of the City of Seal Beach. 11. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surroundmg 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. 12. In the event staff determines that 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. 13. The establishment shall have a public telephone listing. 14. 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 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 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 ..... 5 City 01 Seal Beach flanDiaI COIllllliuiOD CODWtloDaI Vie Permit 192-21 . 3031305 MaIn Street RoooI.tio. No. 93-3:2. 2) Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program. Telephone: (714) 568-4187 15. 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 A.M. 16. 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. 17. This Conditional Use Permit shall become null and void unless exercised Wlthin 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. 18. All alcoholic beverages sold in cOnjunction with the on-premise licensed establishment must be consumed entirely on the premises prior to closing time, and none shall be sold as take-out. 19. Conditional Use Permit #92-21 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 serve a complete menu of food until thirty (30) minutes prior to closing time. 20. 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 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. 21. 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 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 13D. 22. 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. 23. The knowledge and skills deemed necessary for responsible alcoholic beverage service as set forth In Condition No. 15, shall include for on-premise licensed locations, but not be limited to the following additional topics and skills development: . Pq.6 City or SI!lI1 Beach Plaanlng ColDlDlsston CoDditioaal Uae Permit m..21 . 3G3I305 MaiD Slreet Jlao\ullo. No. ~ 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. 24. 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. 25. All alcoholic beverages served in the outdoor dining area must be served m glass containers. 26. All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Planning Commission. 27. Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building Department and Fire Department. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of June, 1993 by the following vote: AYES: Commissioners Fife, Dahlman, Sharp, law, Soukup NOES: ABSTAIN: ABSENT: --- 14/"- a~ //~'Whittenberg, Secretary L/ Planning Commission