HomeMy WebLinkAboutPC Res 93-07 - 1993-01-20
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RESOLUTION No. 93-2-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH, APPROVING
CONDITIONAL USE PERMIT #92-26, PERMI1TING
AN ON-SALE GENERAL LIQUOR LICENSE FOR
TORTILLA BEACH MEXICAN GRILL AT
3001 OLD RANCH PARKWAY, SEAL BEACH, CA
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1.
On December 4, 1992, Cary Hardwick, ("Applicant") filed an application for Conditional
Use Permit (CUP) #92-26 with the Department of Development Services. The Applicant
seeks a permit for on-sale general liquor service in conjunction with a new restaurant
pursuant to ~28-1400 of The Code of the City of Seal Beach. CA~. TheApplicant
wishes to sell beer, wine and distilled spirits in conjunction with a new restaurant,
Tortilla Beach Mexican Grill.
Section 2.
Pursuant to 14 California Code of Regulations, fi 15025(a) and fiII.B of the City's LocaI
CEQA Guidelines, staff has determined as follows: CUP #92-26 is categorically exempt
from review, pursuant to the California Environmental Quality Act pursuant to 14 Calif.
Code of Regs. fi15301 (Existing Uses), because it involves the negligible expansion of
an existing use, pursuant to fi15305 (Minor Alterations in Land Use Limitations), 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 in land use or density, and finally,
pursuant to ~15061(b)(3), because it can be sen 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 January 20,
1993, to consider the applicatIon for CUP #92-26. Evidence, both written and oral, was
submitted for and/or against the application.
Section 4.
The record of the Public Hearing on January 20, 1993, indicates the following:
(a) The subject property is located at 3001 Old Ranch Parkway and contains
approximately 7,197 square feet of gross floor area.
(b) The subject property currently contains the building of a former
restaurant, the Soup Exchange.
(c) Tortilla Beach Mexican Grill does not hold a currently valid City business
license.
(d) Tortilla Beach Mexican Grill requests to operating the following hours:
Il:OO A.M. to 11:00 P.M. daily.
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Page 2
CUP #92-26
(e) The subject property's surrounding land use and zoning classifications are:
NORTH &
WEST
A flood control channel and single family homes located in
Rossmoor, an unincorporated community in County of
Orange.
SOUTH
Office buildings within the Bixby Office Park
EAST
A vacant lot, formerly a service station in the C-2 (General
Commercial) zone, separated from the subject property by
Seal Beach Boulevard.
(t) The subject property has previously received the following Planning
Commission approvals:
(1) CUP #2-88; Resolution 1500. Granting beer and wine license to
the Souper Corporation.
(2) CUP #2-88; Resolution 1536. Indefinitely extending CUP #2-88
to the Souper Corporation.
(3) CUP #4-90; Resolution 1572. Granting an on-sale beer and wine
license to Soup Exchange.
(4) CUP #4-90; Resolution 1617. Indefinitely extending CUP #4-90.
(g) The Department of Development Services deems the property to meet ail
parking Code requirements.
(h) The Seal Beach Police Department reviewed the application for CUP #92-
26 and reports it has no reservation regarding the proposed on-sale general
liquor sales.
(i) The City received one (I) comment in response to the Notice of the Public
Hearing on CUP #92-26. The inquiry was about noise, what type of
taped music would be played and how loud would it be.
G) Staff inspected the subject property on January 5, 1993, and found
the existing building (former Soup Exchange) to be vacant.
Section 5.
Based on the facts contained in the record, including those state in Section 4 of this
resolution, and pursuant to Code ~~28-2503 and 28-2504, the Planning Commission
hereby finds:
(a) CUP #92-26 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 and permits entertainment cafes
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.
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CUP #92-26
(b) The building and property at 3001 Old Ranch Parkway are adequate in
size, shape, topography and location to meet the needs created by the
proposed use of the property.
(c) Required adherence to applicable building and fire codes ensures there
will be adequate water supply and utilities for the proposed use.
Section 6.
Based on the foregoing, the Planning Commission hereby approves CUP #92-26, subject
to the following conditions:
1. CUP #92-26 is approved for an on-sale general liquor license at 3001 Old Ranch
Parkway and is issued to Cary HardWick for Tortilla Beach Mexican Grill.
2. The applicant shall comply with all restrictions placed upon the license by the
State of California Department of Alcoholic Beverage Control.
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 it is received by the applicant from the
State of California Department of Alcoholic Beverage Control.
4. The hours of operation shall be 11:00 A.M. to 11:00 P.M. daily.
5. No video games or similar am usements shall be permitted on the premises.
6. No lighted signs advertising alcoholic beverages shaIJ be placed in the window
areas, nor shall any other signs advertising specific brands of alcoholic beverages
be permitted in the window areas. Interior displays of alcoholic beverages which
are clearly visible to the exterior shall constitute a violation
of this condition.
7. Conditional Use Permit #92-26 is non-transferrable.
8. The applicant will prominently display these conditions of approval within the
business's customer area that is acceptable to the Director of Development
Services.
9. 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.
10. A modification of Conditional Use Permit shall be obtained when:
(a) A transfer of ownership of the license is proposed.
(b) The establishment proposes to change its type of liquor license.
(c) The establishment proposes to modify any of it's current conditions
of approval.
(d) There is a substantial change in the mode or character of
operations of the establishment.
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CUP #92-26
11. 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, Code of the City of Seal
Beach.
12. 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.
13. In the event staff determines security problems exist on the site, the conditions
of this permit may be amended, under the procedures of the City's municipal
Code, to require the provision of additional security measures.
14. The establishment shall be required to have a public telephone listing.
15. It shall be the responsibility of the applicant/licensee to provide all employees
who 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
(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 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 11:00 P.M. and 7:00 A.M.
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CUP #92-26
17. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit pursuant to Article 25, 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
criminal or anti-social behavior, including but not limited to the congregation of
minors, violence, public drunkenness, vandalism, solicitation and/or litter.
18. 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.
19. All alcoholic beverages sold in conjunction with the on-premise licensed
establishment must be consumed entirely on the premises, and none shall be sold
as take-out.
20. Conditional Use Permit #92-26, 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 have availability for ordering food until thirty (30)
minutes prior to closing time.
21. There shall be no live entertainment, amplified music, and/or dancing permitted
on the premises at any time, unless specifically authorized under the conditions
of approval of the Conditional Use Permit and by the State of California
Department of Alcoholic Beverage Control.
22. 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 property for reconsideration and may require the applicant/operator
to mitigate the noise level to comply with the provisions of Chapter 13D.
23. 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 lot. 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.
24. The knowledge and skilIs deemed necessary for responsible alcoholic beverage
service as set forth in Standard 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 leave the premises in an intoxicated manner.
b) Knowledge of mixology, including marketable alternatives to alcoholic
beverages.
25. 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.
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CUP #92-26
26. AU alcoholic beverages served in the outdoor dining area must be served in glass
containers.
27. AU outdoor dining areas shall be surrounded by an enclosure of a design and
height satisfactory to the Planning Commission.
28. Any canopy constructed over an outdoor dining area shall comply with all
requirements of the Building Department and Fire Department.
29. The term of this approval is twelve (12) months. At the end of the twelve month
term the applicant must apply for an indefinite extension of CUP# 92-26.
30. The applicant must apply for and receive a City of Seal Beach business license.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof, held on the 20th day of January 1993 by the foUowing vote:
AYES:
Commissioners
Fife, Dahlman, Law, Sharp
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners
u:
Whittenberg, Secretary
Planning Commission