HomeMy WebLinkAboutPC Res 93-17 - 1993-03-17
"
. ".
RESOLUTION NUMBER 93-17
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CUP NO. 92-15, PERMITTING
CONTINUATION OF AN ALCOHOL RELATED
LAND USE IN CONJUNCTION WITH AN
EXISTING BOWLING ALLEY LOCATED AT 12311
SEAL BEACH BOULEVARD (ROSSMOOR
BRUNSWICK BOWL)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On September 14, 1992 and February 4, 1993, Leiserv, Inc. ("The
Applicant") filed an application for CUP Nos. 92-15 and 93-6, respectively, with the Department
of Development Services. Through CUP 92-15 the applicant seeks continuation of an Alcohol
Related Land Use in conjunction with an existing bowling alley. This application has been filed
in response to City Ordinance 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 ordinance.
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.
93-6 is categorically exempt from review pursuant to the California 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 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 March 17, 1993 to consider the application for CUP No. 92-15. No written
evidence was submitted for or against the project. At the public hearing two representatives
ofthe applicant spoke in favor of the request with no persons appearing in opposition.
Section 4. The record of the hearing on March 17, 1993 indicates the
following:
(a) On September 14, 1992 and February 4, 1993, Leiserv, Inc., (Brunswick
Rossmoor Bowl) filed applications for CUP 92-15 and 93-6, respectively, with the Department
of Development Services.
(b) The applicant is requesting the following :
(1) CUP 92-15: A permit to continue to sell alcoholic beverages for
on-premises consumption in conjunction with an existing bowling alley
located at 12311 Seal Beach Boulevard, Seal Beach (Brunswick Rossmoor
Bowl).
C IWPSIIRBSOICIlP92-IS PCRu'W\ll3-17-93
'.
PlaMlng Commission Resolution No. 93-17
eondlllonal Use Pennit 92-15
(2) CUP 93-6: A permit to continue to provide coin-operated
amusement devices (video games) in conjunction with the existing bowling
alley.
These applications have been filed in response to City Ordinance 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 ordinance.
(c) The subject property is legally described as Orange County Assessor's
Parcel Number 086-492-35 and is located within the Rossmoor Business Center.
(d) The subject structure contains approximately 46,000 square feet of floor
area with the bowling alley occupying approximately 38,000 square feet. The subject structure
is located on the westerly side of Seal Beach Boulevard and is set back approximately 300 feet
from the street.
(e) Within the bowling alley are the following:
40 bowling lanes; pro shop; snack bar (serving hot and cold food items);
game room (with 12 video/pinball games); a play room for children; two
billIard tables; and a lounge (with seating for approximately 22 and a
billiard table)
(f) The bowling alley has 115 feet of frontage on Seal Beach Boulevard.
(g) The Rossmoor Business Center contains a mixture of commercial retail and
office uses.
(h) The applicants are proposing to maintain the existing hours of operation
at:
9:00 a.m. to 12:00 a.m.
9:00 a.m. to 2:00 a.m.
Sunday through Thursday
Friday and Saturday
(i) The surrounding land uses and zoning are as follows:
NORTH
A mixture of commercial uses located in the Rossmoor Business Center in the
General Commercial zone (C-2) and a condominium development located in the
Residential High Density zone (RHO).
SOUTH
A mixture of commercial uses located in the Rossmoor Business Center in the
C-2 zone.
EAST
A bank located in the C-2 zone is located across Seal Beach Boulevard.
WEST
A condominium development in the RHD zone is located approximately 500 feet
away across the Center's rear parking lot.
G) The shopping center currently meets all parking requirements of the~.
(k) Chief of Police Bill Stearns has reviewed these requests and has no
concerns regarding granting them.
(1) The City has received no responses, written or other, to its mailed notice
regarding CUP 92-15.
C IWPSIIRPSOICUP92-IS PCRILWlll3-17-93
2
Planning CommisSIon Resolution No. 93-17
CondJtional Use Pemut 92-15
Section 5. Based upon the facts contained in the record, including those stated
in G 4 of this resolution, and pursuant to GG 28-2503 and 28-2504 of the City's ~, the
Planning Commission hereby finds as follows:
(a) CUP No. 92-15 is consistent with the provisions of the Land Use Element
of the City's General Plan, which provides a "general commercial" designation for the subject
property and permits Alcohol Related Land Uses subject to the issuance of a Conditional Use
Permit. The use is also consistent with the remaining elements of the City's 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) Staff inspected the subject property on March 8, 1993, and found the
bowling alley meets all requirements of the Code, and presently meets all normal conditions of
approval for establishments selling alcoholic beverages for on-premises consumption.
(c) The building and property at 12311 Seal Beach Boulevard are adequate in
size, shape, topography and location to meet the needs of the proposed use of the property.
(d) Brunswick Rossmoor Bowl has been in continuous operation for
approximately 26 years.
(e) The sale of alcoholic beverages for on-premises consumption, 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 negative impacts to neighboring residential
properties.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 92-15, subject to the following conditions:
1. CUP # 92-15 is approved for an on-premise Alcohol Related Land Use at
12311 Seal Beach Boulevard and is issued to Leiserv, Inc. for Brunswick Rossmoor Bowl.
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 GG 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 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.
4. The hours of operation shall remain:
(a) 9:00 A.M. to 12:00 A.M., Sunday through Thursday; and
(b) 9:00 A.M. to 2:00 A.M., Friday and Saturday.
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.
C IWPSIIRESOlCUI'92-15 PCRILWIll3-17-93
3
Planning Comnusslon Resolution No. 93-17
ConJiRoll4l US#! Permit 92-15
7. The applicant will prominently display these conditions of approval in a
location withm 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.
(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 Code 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 surrounding 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
~, 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 ofbusinesses
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.
C IWPS111U'.'101CUP92-1S PCRILW\03-17-93
4
,
.
.
Planning Conunisslon Resolution No. 93-17
Comhllonal Use Permit 92-15
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 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 antisocial
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
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
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. There shall be no live entertainment 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.
20. 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.
21. 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.
22. 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:
a) Methods to appropriately pace customer drinking to reduce the risk
that the customer will not leave the premises in an intoxicated manner.
C IWPSI\RllSOICUP92-1S PCRILWIOJ-17-93
5
.
.
Planning Commission ResolUllon No. 93-17
ConditiolUJl Use Pemur 92-15
b) Knowledge of mixology, including marketable alternatives to
alcoholic beverages.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 17th day of March, 1993 by the following vote:
AYES:
Commissioners Law. Sham and Soukup
NOES:
Commissioners
ABSENT:
Commissioners Dahlman and Fife
A Whittenberg, Secretary
Planning Commission
C IWP51\RESOICUP92-IS PCRILWllIl-17-93
6