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HomeMy WebLinkAboutPC Res 08-40 - 2009-03-04 RESOLUTION NUMBER 08-40 Ot9/s/t1/. '4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 07-5, ALLOWING THE ON-PREMISE SALE OF BEER AND WINE AT A RESTAURANT AT 12235 SEAL BEACH BOULEVARD (PEL WEI ASIAN DINER)) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 On December 9, 2008 Matt Clark of Clmk CommcrcIaI Development filed an applIcatIon for the mdefimte extenSIOn of CondItIonal Use PermIt 07-5 WIth the Department of Development ServIces m accordance WIth the terms and condItIons of CUP 07-5, as approved by Planmng CommIssIon ResolutIon 07-15 on Apnl4, 2007 SectIOn 2 The applIcant IS requestmg the mdefimte extenSIOn of the prevIOUS approval to permIt the on-premIse sale of beer and wme at a restaurant (Pel WeI ASIan Dmcr) located m the Shops at Rossmoor at 12235 Seal Beach Boulevard SectIOn 3 Pursuant to 14 CalIf Code of Regs ~ 15301, staff has detemuned as follows The applIcatIon for CondItIonal Use PermIt 07-5 Indefimte ExtenSIOn for the requested land use entItlements at an eXIstmg restaurant IS categoncally exempt from reView pursuant to the Cahforma EnVIronmental Quahty Act pursuant to 14 CalIf Code of Regs ~ 15305 (Mmor Alterations m Land Use LImItations), because the proposal mvolves a mmor alteration m land use lImItation and does not mvolve eIther a property m excess of 20% slope or a change m land use or denSIty SectIon 4 A duly noticed publIc hearIng was held before the Planmng CommISSIon on March 4,2009, to conSIder the applIcation for CondItIonal Use PermIt No 07-5 Indefimte ExtenSIOn At the publIc heanng the Planmng CommISSIon receIved wntten and oral eVIdence on the proposed project SectIOn 5 The record of the publIc heanng of March 4, 2009 mdlcates the followmg (a) On December 9, 2008 Matt Clark of Clark CommercIal Development filed an apphcatIon for the mdefimte extenSIOn of Conditional Use PemlIt 07-5 WIth the Department of Development ServIces m accordance WIth the tenns and condItIons of CUP 07-5, as approved by Planmng CommISSIon Resolution 07-15 on Apnl 4, 2007 10f8 Plannmg CommlS5lOn ResolutIOn 08-40 CondltlOnal U5e Pelnut 07-5 (Indefinite E:>..temlOn) 12235 Seal Beach BoulevaI d - (Pel Wel A5lGn DlIIeJ) Mm eh 4, 2009 (b) The subject property IS located m the Shops at Rossmoor development, located west of Seal Beach Blvd and north of Rossmoor Center Way The restaurant locatIon IS Immewately behmd the old "Parasol" structure, whIch has been renovated as a "Mel' s Dmer" restaurant (c) The PeI-WeI restaurant locatIon IS ImmedIately north of Rossmoor Center Way, and IS 3,299 square feet m area, located m "BuIldmg L", whIch has a total of 31,021 square feet of gross leasable area All of the commercIal bUIldmg reconstructIOn m thIS area has been completed (d) Surroundmg land uses and zonmg are as follows NORTH The Shops at Rossmoor center, mcludmg the 62,280 square feet of new retaIl recently completed and the old "Parasol" bmldmg whIch has been renovated as a "Mel's Dmer" restaurant, m the C-2, General Commercial Zone SOUTH The remammg portIon of the Shops at Rossmoor, III the C-2, General CommercIal Zone EAST Across Seal Beach Boulevard IS a 75-10t, smgle famIly detached home development approved and developed as part of the Old Ranch Towne Center Project m the RMD Zone wIth the Old Ranch Towne Center located further to south, III the C-2, General CommercIal Zone WEST A 254-umt townhome development m the RHD, ReSIdentIal HIgh DenSIty Zone Further to the north IS a 184 umt townhome development m the unmcorporated commumty of Ross moor (e) As a result of the current constructIOn actIVIty at the Shops at Rossmoor retaIl center, the followmg on-premIse and off- premIse alcohol sales approved busmess locatIOns have been elImmated 20f8 Planning Comml~~lOn Re~olutlOn 08-40 CondItIOnal Use Pelmlt 07-5 (Indefinzte E'CtemlOlI) 12235 Seal Beach Boulevald - (Pel Wel A~zan Dmel) Mal ch 4, 2009 PREVIOUS ALCOHOL LICENSES IN PROJECT AREA Address Busmess Name Type of CondItIOnal ABC Use PermIt LIcense Case Number 12101 Seal Beach Boulevard Carnage Trade LIquor 21 2-90 12147 Seal Beach Boulevard Yucatan Gnll 41 97-1 12149 Seal Beach Boulevard DavIO's 41 82-3 12161 Seal Beach Boulevard Champ's 41 86-10 12235 Seal Beach Boulevard The FIt Stop 41 93-10 12241 Seal Beach Boulevard Parasol 41 96-2 12309 Seal Beach Boulevard Panda Panda 47 88-8 12311 Seal Beach Boulevard BrunswIck Rossrnoor Bowl 47 92-15 12331 Seal Beach Boulevard RIte AIde 21 02-9 Note A "21" lIcense IS an off-premIse sales lIcense A "41" lIcense IS an on-premIse beer and wme lIcense, and a "47" lIcense IS a dIstIlled spmts lIcense (f) The restaurant use compnses 3,299 square feet and IS located m the southerly end retaIl space of "BUIldmg L" WhICh IS onented m a north-south configuratIon, and IS approxrmately 330 feet west of Seal Beach Boulevard The structure IS 36 feet from the west property hne, WIth a 20-foot WIde servIc..e drIve and 8-foot hIgh block wall separatmg the rear of the bUIldmg from the adJOlmng resldenttal townhome development (g) The nearest homes to the requested land use are located to the rear of the busmess operatton, approxImately 55 feet to the west of the proposed Restaurant locatIOn SectIon 6 Based upon the facts contamed m the record, mc1udmg those stated m ~5 of thIs resolutIOn and pursuant to ~~ 28-1300, 28-2504-2508 of the CIty'S Code, the Planmng CommIsSIon makes the followmg findmgs (a) CUP No 07-5 Indefimte ExtenSIOn 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 sales subject to the Issuance of a CondItIonal Use PermIt The use as a restaurant WIth on-premIse beer and wme sales IS also conSIstent WIth the remammg elements of the CIty'S General Plan as the pohcles of those elements are conSIstent WIth, and reflected m, the Land Use Element Accordmgly, the proposed use IS conSIstent WIth the General Plan (b) The bUIldmg and property at the Shops at Rossmoor arc adequate In SIze, shape, topography and locatIon to meet the needs of the proposed use of the property ReqUIred adherence to applIcable bUIldmg and fire codes ensures there WIll be adequate water supply and utIhtIes for the proposed use 30f8 Plannmg CommISSIOn Re.'JolutlO/1 08-40 CondltlOnal Use Pel mlt 07-5 (Indefimte Extel1.'J/on) /2235 Seal Beach Bou/evm d - (Pel Wel ASUln Dmel) Mmch 4, 2009 (c) The subject area of the Shops at Rossmoor had prevIously been approved for 7 on-premIse alcohol sale uses and 2 off-premIse alcohol sales locatIons WhICh have been demohshed as part of the reconstructIon of thIS portIOn of the shoppmg centeI ThIS request WIll allow the permanent re-establIshment of one of those preVIously eXlstmg on- sale hcense approvals (d) The restaurant WIth on-premIse sale of beel and wme, as condItIoned and enforced, IS compatIble WIth the character of the surroundmg area Adhelence to condItIons of approval placed on the use by the CIty of Seal Beach would mItIgate any negatIve Impacts to nelghbonng reSIdentIal propertIes SectIon 7 Based upon the foregomg, the Plannmg COnllTIlSSIOn hereby approves CondItIonal Use PermIt No 07-5 IndefinIte ExtenSIOn, subject to the followmg condItIons 1 CondItIonal Use PermIt 07-5 Indefirute ExtenSIOn IS approved for a 3,299 square foot restaurant WIth Department of Alcohohc Beverage Control (ABC) LIcense Type 41, Alcohol Sales & ServIce, on-premIse sale of beer and wme, at 12235 Seal Beach Boulevard 2 The apphcant shall comply WIth all restrIctIOns placed on the hcense Issued by the State of CahfornIa's Department of Alcohohc Beverage Control (ABC) and a copy of Said approved hcense shall be filed WIth the Department of Development Services as soon as the hcense IS receIved by the apphcant from ABC 3 All alcohohc beverages sold m cOnjunctIOn WIth the on-premIse-hcensed estabhshment must be consumed entIrely on the premIses prIor to closmg tIme None shall be sold as take-out ConsumptIOn of alcohohc beverages IS prohIbIted m the estabhshment's parkmg area or any adjOInIng non-approved seatmg areas There shall be postmg of SIgns both mSIde and outSIde the hcensed premIses mdIcatmg that law prohIbIts dnnkmg outSIde the hcensed premIses 4 It shall be the responSIbIlIty of the applIcant/lIcensee to prOVIde all employees that sell 01 serve alcoholIc beverages WIth the knowledge and skIll enablIng them to comply WIth theIr responSIbIlItIes under State ofCahfornIa law 5 The knowledge and skIlls deemed necessary for responSIble alcoholIc beverage servIce shall mclude, but not be lImIted to the followmg tOpiCS and skIlls development a State law relatmg to alcoholIc beverages, partIcularly ABC and penal proVISIOns concemmg sales to mmors and mtoxIcated persons, dnvmg under the mf1uence, hours of legal operatIOn and penaltIes for VIOlatIon of these laws b The potentIal legal lIabIlItIes of owners and employees of busmesses dlspensmg alcoholIc beverages to patrons, who may subsequently mjure, kIll, harm themselves or mnocent VIctIms as a result of the exceSSIve consumptIOn of alcoholIc beverages 40f8 Plannzng Commlsswn Resolutwn 08-40 Condltwnal Use Pelmlt 07-5 (Indefimte E:>..tenswn) 12235 Seal Beach BoulevaI d - (Pel Wel Aszan Drner) Mal ch 4, 2009 C Alcohol as a drug and Its effects on the body and behavIOr, IncludIng the operatIon of motor vehIcles d Methods of dealIng WIth IntoxIcated customers and recogmzmg under age customers 6 The followmg orgamzatIOns provIde traIling programs, whIch comply WIth the above cntena a ProVIder Department of AlcoholIc Beverage Control Program LIcensee EducatIon on Alcohol & Drugs (LEAD) Telephone (714) 558-4101 Date 1 sl Monday of each month TIme 10 00 a m to 1 00 P m Cost Free Place ABC, 28 CIVIC Center Plaza, Room 369 Santa Ana b PrOVIder Orange County Health Care Agency Alcohol & Drug EducatIOn PreventIon Team (ADEPT) Program CalIfornIa CoordInatmg CounCIl for ResponsIble Beverage ServIce (C3RBS) Telephone (714) 834-2860 * Karen Keay Cost $1200 per person * Tax DeductIble For speCIal events trammg c ProVIder Orange County Health Care Agency Program Project Path Telephone (714) 895-9088 * Irene Glenday Cost Free 7 The hours of operatIon shall be 10 00 AM to 11 00 PM, seven days a week 8 No commerCIal delIverIes or trash dIsposal actIVItIes may occur m aSSOCIatIOn WIth the operatIOn of thIS busmess faCIlIty between the hours of 10 00 P M and 7 00 A M 9 No VIdeo games or SImIlar amusements shall be permItted on the premIses 10 There shall be no extenor advertIsmg of any kmd or type, mcludmg advertIsmg dIrected to the extenor from wIthm, promotmg or mdIcatmg the avaIlabIlIty of alcohohc beverages 11 Extenor lIghtIng m the parkmg area shall be kept at a level so as to prOVIde adequate IIghtmg for patrons whlle not unreasonably dIsturbmg surroundmg commerCIal areas 12 The applIcant WIll prommently dIsplay these CondItIons of Approval m a locatIOn wIthm the bUSInesses' customer area that IS acceptable to the DIrector of Development ServIces 13 The establIshment shall have a publIc telephone lIstmg 50f8 Planmng Commlsszon ResolutIOn 08-40 Condltzonal Use Pelmlt 07-5 (Indeji11lte ExtensIOn) 12235 Seal Beach Boulevald - (Pel Wel ASian Dmel) Mal Gh 4, 2009 14 LItter and trash receptacles shall be located at convement locatiOns mSlde and outSIde the estabhshment Operators of such estabhshments shall remove trash and debns on an appropnate baSIS so as not to cause health problems There shall be no dumpmg of trash and/or glass bottles outSIde the establIshment between the hours of 11 00 P m and 7 00 am 15 In the event staff determmes secunty problems eXIst on the SIte, the CondItions of thIS permIt may be amended, under the procedures of The Code of the CIty of Seal Beach, to reqUire the proVISIon of addItional secunty measures 16 CondItional Use PermIt 07-5 Indefimte ExtenSiOn shall be automatIcally term mated If the operation IS no longer mamtamed as a "bona fide public eatmg place" as defined by the ABC and as may be audIted by the City staff 17 The establIshment must serve a complete menu of food until thIrty (30) mmutes pllor to closmg tIme 18 A grease trap shall be proVIded for and mamtamed by the restaurant m accordance WIth the standards of the Orange County Health Department 19 There shall be no hve entertamment, amphfied mUSIC, or dancmg permItted on the premIses at any time, unless speCIfically authonzed by a CondItIonal Use PermIt Issued by the CIty and unless such uses are conSIstent WIth the lIcense condItiOns Imposed by ABC or a SpeCIal ActiVIties permIt IS Issued to the applIcant by the CIty 20 The establIshment shall comply WIth Chapter 7 15, "NOIse" of the CIty of Seal Beach MunICIpal Code, as the regulations of that Chapter now eXIst or may hereafter be amended Should complamts be receIved regardmg nOIse generated by the establIshment, the Planmng CommISSIon reserves the nght to schedule thIS permit for reconSIderatIon and may reqUire the apphcant/busmess operator to mItIgate the nOIse level to comply WIth the prOVISIons of Chapter 7 15 21 A modIfication OfthIS CondItional Use PermIt shall be applIed for when a The estabhshment proposes to change ItS type ofhquor lIcense b The establIshment proposes to modIfy any of ItS current CondItions of Approval c There IS a substantial change III the mode or character of operatiOns of the estabhshment 22 The Plannmg CommISSIon reserves the nght to revoke or modIfy thIS ConditIonal Use PermIt pursuant to ArtIcles 25 and 28 of The Code of the Citv of Seal Beach If harm or retaIl-related problems are demonstrated to occur as a result of cnmmal or antI-SOCIal behaViOr, mcludmg but not hmlted to the congregation of mmors, ViOlence, publIc drunkenness, vandalIsm, sohcltatIon and/or htter 60f8 Plannmg CommISSIOn ResolutIOn 08-40 Cond,t,onal Use Pelnut 07-5 (Indefimte E"(tenslOn) 12235 Seal Beach Boulevard - (Pel Wel Aszan Dznel) Mal ch 4, 2009 23 TIns CondItional Use PermIt shall become null and vOId unless exerCIsed wlthm one (1) year of the date of final approval, or such extensIon of time as may be granted by the Planmng CommIssIon pursuant to a wntten request for extensIOn submItted to the Department of Development ServIces a mlmmum of 90 days pnor to such expIratIOn date 24 ThIS CondItional Use PermIt shall not become effective for any purpose unless/untIl a CIty "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 Planmng Department, and until the 10 calendar-day appeal penod has elapsed 25 The applIcant shall mdemmfy, defend and hold harmless CIty, ItS officers, agents and employees (collectively "the C]ty" herem after) from any and all claIms and losses whatsoever occurnng or resultmg to any and all persons, firms, or corporatIOns furmshmg or supplymg work, servIces, matenals, or supplIes m connection WIth the performance of the use permitted hereby or the exercIse of the nghts granted herem, and any and all claIms, laWSUIts or actions ansmg from the grantmg of or the exercise of the nghts permItted by thIs Cond]tlOnal Use PermIt, and from any and all claIms and losses occumng or resultmg to any person, firm, corporation or property for damage, ]TIJury or death ansmg out of or connected WIth the performance of the use permitted hereby ApplIcant's oblIgation to mdemmfy, defend and hold harmless the CIty as stated herem shall mclude, but not be lImIted to, paymg all fees and costs mcurred by legal counsel of the CIty's chOIce m representmg the CIty m connection With any such claIms, losses, laWSUIts or actions, expert wItness fees, and any award of damages, Judgments, veldlcts, court costs or attorneys' fees m any such laWSUIt or action PASSED, APPROVED AND ADOPTED by the Planmng CommIssIon of the CIty of Seal Beach at a meetmg thereof held on the 4th day of March 2009 by the followmg vote Deaton, Bello, Larson, and Massa-Lavltt AYES CommISSioners NOES CommISSioners None ABSENT CommISSioners Eagar ABSTAIN CommiSSIoners None d_u/j~cWud~ / llery Deaton ChaIrperson, Planmng CommiSSIon 70f8 ee WhIttenberg Secretary, Planmng CommIssIo ***** 80f8 Plannzng Comml55IOn ResolutIOn 08-40 Condltzonal Use Permit 07-5 (Indefimte ExtensIOn) 12235 Seal Beae-h Boulevard - (Pel Wel ASian Dl11el) Mal ch 4, 2009