HomeMy WebLinkAboutPC Res 93-10 - 1993-03-17
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RESOLUTION No. 93-10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH, APPROVING
CONDITIONAL USE PERMIT #93-2, AN
APPLICATION FOR ON-PREMISE ALCOHOL
SALES IN CONJUNCTION WITH THE TRANSFER
OF OWNERSHIP OF AN EXISTING RESTAURANT
LOCATED AT 901 OCEAN AVENUE, SEAL BEACH
[KINDA LAHAINA RESTAURANT]
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section I.
On January 27, 1993, R DaVid Duran, Kathryn L. Duran and Jack R. Duran
("Applicants") filed an applicatIon for Con(htlOnal Use Permit (CUP) #93-2 with the
Department of Developmcnt ServIces. The ApplIcants seek approval for on-premise
alcohol sales in conjunction WIth the transfer of ownership of an eXisting restaurant
(Kinda Lahaina) located at 901 Ocean Avenue, Seal Beach, CA.
Section 2.
Pursuant to 14 Cahfornia Code of Regulations, ~ I 5025 (a) and ~Il.B of the Clty'S Local
CEQA Guidelines, staff has determmed as follows: CUP #93-2 is categorically exempt
from review, pursuant to the CalIforl11a Environmental Quahty Act pursuant to 14 Calif.
Code of Regs. ~15301 (Existmg Uses), bccause It IS for an existing use whIch is not
epxanding, pursuant to ~ 15305 (Mmor Altcrations m Land Use L1Il11tatlOns), because the
proposal involves a minor alteration in land use lImitatIOn and does not involve either a
property in excess of 20% slope or a change m 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 Pubhc Hearing was held bcfore the Planl11ng Commission on March 3,
1993, to con&ldcr the applIcatIOn for CUP #93-2. Oral evidence was submitted In favor
of the apphcation. No evidence, eIther written or oral, was presented again&t the
applicatIOn.
SectIon 4.
The record of the PublIc Hearing on March 3, 1993 indIcates the follOWing:
(a) The subJect property IS located at 901 Ocean Avenue, Seal Beach and
contains approxllnalely 2,100 square feet of gross floor area. The
property i~ a rectangular parcel measurmg 50' x 100', located at the
northea&t corner of Ocean A venue and Mam Street in Planl11ng District 1.
The sIte is Orangc County As&essor's No. 199-04-21. It is Lot 21, Block
9, Tract #10428.
(b) The subJect property currcntly contains an eXlstmg restaurant which sells
alcoholic beverages for on-premises consumption.
(c) The subject property's surroundlllg land u&e and zoning classifications are:
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l.'"tly of Seal Beach
l'lanmng Comml,"nOJt Rc'iOlubon No 93-10
Condlltonal U'IC l~nmt #93-2/901 Ocean Avenue
NORTH & WEST A mixture of offIces, commercial retail, commercial
seTVIces and multi-family residential uses in the C- I
(Scrvlce CommerCial) zone.
SOUTH Eisenhower Park, the Municipal Pier and the beach
located in the PLU (Public Land Use) zone.
EAST Commercial retail businesses in the C-I zone.
(d) The subject property has prevlOu~ly received the following Planning
Commission approvals:
Conditional Use Permit #71-1; Variance #74-8; Conditional Use Permit
#83-4; Variance #84-10; Conditional Use Permit #84-15; Conditional Use
Permit #84-16; Conditional Use Permit #86-14; Conditional Use Permit
#86-15; Variance #87-3; Conditional Use Permit #87-2; ConditIonal Use
Permit #87-18.
(e) The Department of Developmcnt Services deems the property to meet
parking Code requirements through the proVIsion of seven (7) on-site
parkmg spaces and tlllTtecn (13) in-heu parking spaces as approved
through Vanance #87-3.
(t) In-Lieu Parkmg Fees. Vanance #87-3 requires the applicant pay in-lieu
parking fees of $1,300 per year (13 spaces) to the City of Seal Beach.
(g) The Seal Beach PolIce Department reViewed the application for CUP #93-
2 and reports It has no reservat1()n(s) regardmg the proposed on-premise
sale of alcoholic beverages 111 conjunction With the transfer of ownership
of the eXisting restaurant.
(h) The City received no comlllcnts in response to the Notices of the Public
Hearing on CUP #93-2.
(i) Staff inspected the subJect property on February 5, 1993, and found
several moditicatlons had been done Without first obtaining building
permits from the City's Building Department.
G) Kinda Lahaina IS a full-~ervlce restaurant and has no history of
extraordmary demands for polIce scrvices or of nuisance complaints from
neighboring residents.
Section 5.
Based on the facts contamed in the record, Including those state m Section 4 of this
resolution, and pursuant to Code ** 28-2503 and 28-2504, the Planning Commission
hereby finds:
(a) CUP #93-2 IS consistent With thc proviSions of the Land Use Element of
the City's General Plan, which provIdes a "service commercial"
de~lgnatlon for the subJect property and permits restaurants which sell
alcoholic beverages subject to the Issuance of a ConditIonal Use Permit.
The use is also consistent With the remammg 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.
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<':11)' of Se.d BelIch
PllUlomg Commt..IOP Relolutlon No 93-10
Cornhbon.tl Use PenUlt #93-21901 CkCdll Avenue
(b) The building and property at 901 Ocean Avenue are adequate in size,
shape, topography and location to meet the needs created by the proposed
use of the property.
(c) ReqUIred adhercnce to applicable building and fire codes ensures there
will be adequate water supply and uulities for the proposed use.
(d) As condItIOned hereby, the transfer of an existing alcohol1c beverage sales
license for on-prenllse consumption at the site will be compatible with
surrounding uses and the community in general and will not be detrimental
to the neIghborhood.
Section 6.
Based on the foregoing, the PlannIng Comnm~ion hereby approves CUP #93-2, subject
to the following condItions:
1. CUP #93-2 IS approved for an on-prenme sale of beer, wine and distilled spirits
at 901 Ocean Avenue and IS I~~ucd to R DaVId Duran, Kathryn L. Duran, Jack
R. Duran.
2. The applicant shall comply with all restrictions placed on the on-premise general
license by the State of CalifornIa Department of Alcoholic Beverage Control.
3. The appl1cant 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 It IS received by the applicant from the
State of California Departmcnt of Alcoholic Beverage Control.
4. The hours of operation shall be from 6:00 A.M. to 11:00 P.M. Sunday through
Thursday and from 6:00 A.M. to 12:00 A.M. Fndays, Saturdays and legal
holidays.
5. No VIdeo games or sllnIlar amu\emcnt~ ~hall be permItted on the premises.
6. There shall be no exterior advertlslIlg of any kind of type, including advertising
directed to the extenor from wlthlll, promoting or Indicating the availability of
alcoholic beverages.
7. The applicant will prominently display these conditions of approval within the
bUSiness's customer area that is acceptable to the DIrector of Development
Services.
8. This CondItIonal Use PCT1111t ~hall not become effectIve for any purpose unless
an "Acceptance of ConditIons" form ha~ been slgncd by the applicant in the
presence of the Director of Developmcnt Services, or notanzed and returned to
the PlannIng Department; and until the ten (10) day appeal period has elapsed,
and all required conchtlOns of approval met.
9. A modification of Conditional Use Permit shall be obtained when:
(a) The establishment proposes to change ItS type of liquor license.
(b) The e~tablishmcnt proposes to modIfy any of It'S current conditions
of approval.
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City of Seal Beach
PLummg <':onUlII'I'IIOO Rewubon No 93-10
Conditional U'lC Pennat #93-21901 OCtaD Avenue
(c) There is a substantial change in the mode or character of
operations of the cstablishment.
10. Exterior lightmg In the parkmg area shall be kept at a level so as to provide
adequate lighting for patrons willIe not unreasonably disturbing surrounding
reSidential or commercial arcas A lightmg plan shall be provided, subject to
review and approval by the Director of Development ServIces, which promotes
mimmal disturbance to nearby re~ldences.
11. In the event staff detenmne~ sccurity problems eXIst on the site, the conditions
of this permit may be amended, under the procedures of the City's mumclpal
Code, to require the proviSion of additional secunty measures.
12. The establishment shall be required to have a publIc telephone lIsting.
13. It shall be the responsibIlity of the applicant/licensee to proVide all employees
who sell or serve alcoholIc beveragcs with the knowledge and skills that WIll
enable them to comply with theIr rcsponslbilItles under State law.
The knowledge and skills decmed necessary for responMble alcoholIc beverage
service shall include, but not be lU11Itcd to the following topics and skills
development:
a) State laws relatmg to alcoholic bcverages, partIcularly ABC and penal
provlslOn~ concermng ~ale~ to mmors and mtoxicated persons, driving
under the mtluence, hour\ of legal opcratlOns and penalties for violations
of the~e laws.
b) The potenl1al legal IIabllltle~ 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 bcverages.
c) Alcohol as a drug and ItS effects on the body and behavior, Including the
opcration of motor vehicles.
d) Methods for dealIng With mtoxlcated customers and recognizing underage
customers.
The following orgamzations have been identified by the State Department
of Alcoholic Beverage Control as proViding trammg programs which
comply WIth thc above cntcna'
(I) Department of Alcoholic Bcverage 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
16. Litter and trash receptacles ~hall be located at convenient locatIons inside and
outside the establishment, and operators of such establishments shall remove trash
and debns on an appropnate basis ~o as not to cause a health problem. There
shall be no dumpmg of tra~h and/or gla~s bottles outside the establishment
between the hours of 1000 P.M. and 7:00 A.M.
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aty of Seal _
PLuuung Conum...OD Resolubon No 93-10
Condlbonal U'IC Pennlt #93-21901 Ocean Avenue
17. The Planning CommIssion reserves the right to revoke or modify this Conditional
Use Permit pursuant to Articles 25 and 28, Chapter 28 of the Code of the City
of Seal Beach if harm or retail related problems are demonstrated to occur as a
result of cnminal or anti-social behavIOr, including but not limited to the
congregation of minors, vIOlence, publIc drunkenness, vandalism, solicitatIon
and/or Ii lter.
18. This ConditIOnal Use Permit ~hall become null and void unless exercised within
one (I) year of the date of fmal approval, or such extension of tIme as may be
granted by the Planmng Comnllssion pursuant to a written request for extension
submitted to the Department of Dcvelopment Services a minimum of ninety (90)
days pnor to such eXpiratIon date.
19. All alcoholIc beverages ~old m conJunction with thc on-premise licensed
establishment must be con~umed entirely on the premIses, and none shaH be sold
as take-out.
20. Conditional Use Permit #93-2, 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 mu~t have availability for ordering food untIl thirty (30)
minutes prior to closmg tllne.
21. There shall be no lIve entertamment, amplIfIed mUSIC, and/or dancmg permitted
on the premises at any tllne, unles~ \peclfically authonzed under the conditions
of approval of the CondItional Use Permit and by the State of Califorma
Department of AlcoholIc Beverage Control.
22. The propo~ed facilIty shall comply with Chapter 13D, "NOise Control", of the
Code of the CIty of Seal Beach a~ the rcgulatlOns of that Chapter now exist or
may hereafter be amcnded Should complamts be received regardmg nOises
generated by thc faCIlIty, the Planmng CommissIon reserves the nght to schedule
the subJect property for recon~lderahon and may require the applicant/operator
to mitigate the nOise level to comply with the proVIsions of Chapter 13D.
23. The sale of alcoholic bevcrages for consumptIon off the premises shall be
prohIbited. Consumption of alcoholic beverages shall be prohibited in the
establishment's parking lot. There shall be appropnate posting of signs both
inside and outside the IIcen~ed premIses indicating that dnnking outside the
licensed premises IS prohibited by law.
24. The knowledge and skills decmed ncces~ary for respon~lble alcoholic beverage
servIce as set forth m Standard Condition #15, ~hall mclude for on-premise
licensed locatIOns, but not be lImIted to the following additional topics and skills
development:
a) Methods to appropnatcly pace customer drinking to reduce the risk that
the customer will not leave the premises m an mtoxicated manner.
b) Knowledge of mlxology, mcludmg marketable alternatives to alcoholic
beverages.
25. The term of this approval IS twelve (12) month~. At the end of the twelve month
term the applIcant must apply for an mdefmitc extensIOn of CUP #93-2.
26. The applIcant must apply for and receive a CIty of Seal Beach business license.
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ClQ' of Seal Ilcocb
PIanmag CommIIIIOD Rc8oluboo. No 93-10
ConcIIboaal Use Pcmut 193-21901 Occ.m. Avc:o.ue
27. The applicant shall re-stripe the parking lot to accommodate full-size parking
spaces measuring 9' x' 20' with a maximum of 25% compact parking spaces
measuring 8' x 16'.
28. The applicant shall comply with all conditions of Variance #87-3.
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:
NOES:
ABSTAIN:
ABSENT:
Commissioners Sharp, Law, Soukup
Commissioners Fife, Dahlman
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Whittenberg, Secretary
Planning Commission
01whhd ~~~
/' / James Sharp, ACting Chair an
Planning Commission