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HomeMy WebLinkAboutPC Res 93-04 - 1993-01-06 . RESOLUTION NUMBER 93-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 92-24, PERMITTING THE CONTINUATION OF AN ON-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 1400 PACIFIC COAST HIGHWAY (GLIDE'ER INN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On November 23, 1992, Karla A Benzl (liThe Applicant ") filed an application for CUP 92-24 with the Department of Development Services The applicant seeks continuation of an on-sale general liquor license in conjunction with an existing restaurant. 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 92-24 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion ofan 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 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 significant effect on the environment Section 3 A duly noticed public hearing was held before the Planning Commission on January 6, 1993, to consider the application for CUP No 92-25 No evidence was submitted in favor or against the application Section 4 The record of the hearing on January 6, 1993 indicates the following' (a) On November 23, 1992, Karla A Benzl filed an application for CUP's 92-24 and 92-25 with the Department of Development Services (b) The applicant is requesting the continuation of an on-sale general liquor license and an entertainment cafe for a single entertainer in conjunction with an existing restaurant located at 1400 Pacific Coast HIghway, Seal Beach (Glide'er Inn) 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 (c) The subject property is legally described as Orange County Assessor's Parcel Numbers 043-131-01 and 043-131-23 (d) The subject property contains approximately 25,000 square feet and is located on the southerly side of Pacific Coast Highway between 14th Street and 15th Street, with 200 feet offrontage on Pacific Coast Highway (e) The subject property contains a restaurant and lounge which has been in continuous operation for over 50 years The subject restaurant has been located at its present location since the early 1940's when it was relocated from the area which became the Seal Beach Naval Weapons Station Additionally, there is a one-story detached dwelling unit located at the rear of the property. C \AMIPRO\DOCS\ClJP\R92-24 Dee be ~ Plaomog CommISSion Resolubon 93-4 (t) The applicants are proposing to maintain the existing hours of operation at 11 00 a m to 1.00 a m daily (g) The surrounding land use and zoning are as follows' NORTH Single family residences in the Residential Low Density zone (RLD) located across Pacific Coast Highway SOUTH A mixture of single family and multi-family residences located in the Residential Medium Density zone (RMD) WEST & EAST A mixture of commercial uses located in the General Commercial zone (C-2) along Pacific Coast Highway (h) Pacific Coast Highway is a primary street developed to its ultimate right-of-way of 100 feet (i) The subject property contains approximately 4,340 square feet of gross retail Boor area and currently meets all existing parking requirements by providing the following parking spaces On-Site Parking . 43 spaces Grandfathered Parking . 1 spaces G) Chief of Police Bill Stearns has reviewed these requests and has no concerns regarding the granting of either request (I) The City has received no responses, written or other, to its mailed notice regarding CUP 92-24 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) CUP No 92-24 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial II designation for the subject property and permits the on-sale service of alcoholic beverages 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 reBected in, the Land Use Element Accordingly, the proposed use is consistent With the General Plan (b) Staff inspected the subject property on December 28, 1992, and found the restaurant meets all requirements of the Code, excluding parking (one on-site space deficient), and presently meets all normal conditions of approval for establishments serving on-sale general liquor. (c) The building and property at 1400 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs created by the proposed use of the property (d) Required adherence to applicable butlding and fire codes ensures there will be adequate water supply and utilities for the proposed use (e) The on-premises sale of beer, wine and distilled spirits is compatible with the character of the PaCific Coast Highway corridor 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 C\AMIPRO\DOCS\ClJP\R92..24 Bee be Page 2 Planrung Comnusslon Resolution 93-4 (t) Glide'er Inn has been in continuous operation for over 50 years with no history of extraordinary demands for police services or of nuisance complaints from neighboring residents (g) The Seal Beach Police Department has reviewed the existing records of the restaurant and has no reservations regarding these requested licenses. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 92-24, subject to the following conditions 1 CUP 92-24 is approved for liquor sales in conjunction with an existing restaurant at 1400 Pacific Coast Highway and is issued to Karla A Benzl 2 The applicant shall comply with all restrictions placed upon the on-sale genealliquor license issued by the State of California Department of Alcoholic Beverage Control 3 The applicant shall furnish the City a copy ofhislher current ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control 4 The hours of operation shall be 11 00 A M to 1 00 A M daily 5. No video games or similar amusements shall be permitted on the premises 6 No lighted signs advertising alcoholic beverages shall 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 beverage signs which are clearly visible to the exterior shall constitute a violation of this condition. 7. Conditional Use Permit # 92-24 is non-transferrable 8. 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 9 This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions II 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 this Conditional Use Permit shall be obtained when (a) A transfer of majority ownership of the business is proposed (b) The establishment proposes to change its type of liquor license (c) The establishment proposes to modifY any ofit's current conditions of approval. (d) There is a substantial change in the mode or character of operations of the establishment. 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, of Chapter 28 of the Code of the Citv of Seal Beach 12 Extenor 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. 13. 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 14. The establishment shall have a public telephone listing C \AMIPRO\DOCS\CUP\R92-24 BCC be Page 3 Planmng CommISSion Resolution 934 15. It shall be the responsibility of the applicantllicensee 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. 16 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 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 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 LEA D Program Telephone (714) 558-6482 2) Orange County A D E P T Program, for referral to either the BAD D or TIP S Program Telephone (714) 568-4187 17 Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and the operator of the establishment 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 ours of 1000 P.M and 7 00 AM 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 # 92-24, 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 offood until thirty (30) minutes prior to closing time 20 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 this Conditional Use Permit and 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 C \AMIPIlO'IDOCS'IClJP24 BCC be Page 4 Planmng CoounlS5lon Resolution No 93-4 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 16, 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. b) Knowledge ofmixology, 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 6th day of January 1992 by the following vote AYES' Commissioners Fife. ShalJl. Law. Dahlman NOES: Commissioners --- ABSENT' Commissioners Orsini e Whittenberg, Secretary Planning Commission C \AMIPRO\DOCSlCUP\R92-24 BCC be Page 5