Loading...
HomeMy WebLinkAboutPC Res 09-11 - 2009-03-04 RESOLUTION NUMBER 09-11 O/(/S/fiJ 't/4!. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 09-2, ALLOWING AN OUTDOOR DINING AREA WITH NO OUTSIDE ALCOHOL SERVICE 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 February 12, 2009 Nma Raey of Fancher Development ServIces filed an applicatIon for CondItIonal Use PermIt 09-2 wIth the Department of Development ServIces SectIOn 2 The applicant IS requestmg CondItional Use PermIt approval to permIt an outdoor dmmg area (no outSIde alcohol servIce) at an eXlstmg restaurant, Pel Wel ASIan Dmer, located m the Shops at Rossmoor SectIOn 3 Pursuant to 14 Cahf Code of Regs 9 15301, staff has determmed 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 rCVlew pursuant to the CalifornIa EnVIronmental Quality Act pursuant to 14 Calif Code of Regs 9 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 heanng 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 pubhc heanng of March 4, 2009 mdIcates the followmg (a) On February 12, 2009 Nma Raey of Fancher Development ServIces filed an applIcatIon for CondItIonal Use PermIt 09-2 WIth the Department of Development ServIces 10f7 Plannmg COmml.55Wl1 Re501utlO11 09-11 Condltwnal Use Pel mlt 09-2 12235 Seal Beach BoulevOI d (Pel Wet ASian Dl11el) Mal ch 4. 2009 (b) The apphcant IS requestmg CondItIonal Use PermIt approval to permIt an outdoor dInIng area (no outsIde alcohol servIce) at an eXIstIng restaurant, Pel WeI ASIan Dmer, located m the Shops at Rossmoor (c) The subject property IS located In the Shops at Rossmoor development, located west of Seal Beach Blvd and north of Rossmoor Center Way The restaurant locatIon IS ImmedIately behmd the old "Parasol" structure, WhICh has been renovated as a "Mel's Dmer" restaurant (d) The PeI-WeI restaurant locatIOn IS Immediately north of Rossmoor Center Way, and IS 3,299 square feet In area, located In "BUIldmg L", whIch has a total of 31,021 square feet of gross leasable area All of the commerCIal bUIldIng 1 econstructIon In thIS area has been completed The area that IS requested to be able to be utIlIzed for outdOOl dInIng IS approXImately 1,500 square feet In area (e) The shoppmg center compnses a total of 465,645 square feet of store area, and IS reqUIred to prOVIde a mmlmum of 1,661 spaces, based on the requlled parkmg for the current tenants The center proVIdes a total of 2,272 parkmg spaces, 611 spaces more than reqUIred The utIhzatIon of the approXImate 1,500 square foot outdoor dInIng area reqUIres 1 parkIng space per 100 square feet of area, or 15 spaces Approval of thIS requested outdoor dInmg area WIll result m the center proVIdIng 596 spaces more than IS reqUIred NORTH SOUTH EAST WEST (f) SurroundIng land uses and zomng are as foHows The Shops at Rossmoor center, mcludIng the 62,280 square feet of new retaIl recently completed and the old "Parasol" bUIldIng WhICh has been renovated as a "Mel's Dmer" restaurant, m the C-2, General CommercIal Zone The remammg portIOn of the Shops at Rossmoor, In the C-2, General CommerCIal Zone Across Seal Beach Boulevard IS a 75-10t, SIngle famIly detached home development approved and developed as part of the Old Ranch Towne Center Project In the RMD Zone WIth the Old Ranch Towne Center located further to south, In the C-2, General CommerCial Zone A 254-umt townhome development In the RHD, ReSIdential HIgh DenSIty Zone Further to the north IS a 184 umt townhome development In the unIncorporated commumty ofRossmoOl (g) The restaurant use compnses 3,299 square feet and IS located m the southerly end retaIl space of "BUIldIng L" whIch IS onented m a north-south configuratIon, and IS approXImately 330 feet west of Seal Beach Boulevard The structure IS 36 20f7 Planmng ComnllSSlOn RejolutlOll 09-// CondItIOnal Uje Penlllf 09-2 /2235 Seal Beach Bouleval d (Pel Wel Aszan Dzne!) Mal Gh 4, 2009 feet from the west property lme, wIth a 20-foot wIde servIce dnve and 8-foot hIgh block wall separatmg the rear of the bUIldmg from the adjomIng resIdential townhome development (h) The nearest homes to the requested land use are located to the rear of the busmess operation, 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 S5 of thIS resolution and pursuant to SS 28-1300, 28-2504-2508 of the CIty'S Code, the Planmng CommIssIon makes the followmg findmgs (a) CUP No 09-2 IS conSIstent WIth the proVIsIons of the Land Use Element of the CIty'S General Plan, whIch provIdes a "general commerCIal" deSIgnatIon fOl the subject property and permIts outdoor dmmg areas subject to the Issuance of a CondItIOnal Use PermIt The use as a restaurant WIth on-premIse beer and wme sales, and an outdoor seatmg area, as condItioned, IS also conSIstent WIth the remammg elements of the CIty'S General Plan as the polICIes 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 are adequate III 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 (c) The subject area of the Shops at Rossmoor had plevIOusly been approved for 7 on-premIse alcohol sale uses and 2 off-premIse alcohol sales locatIOns WhICh have been demolIshed as part of the reconstructIon of thIs portIOn of the shoppmg center The approval of CondItional Use PermIt 09-2 WIll now allow for an outdoor seatmg area m cOnjunctIOn WIth an eXlstmg restaurant that was prevIously approved to re-establIsh one of those prevIously eXIstmg on-sale hcense approvals (d) The restaurant WIth on-premIse sale of beer and wme, and an outdoor dmmg area that IS not allowed to have alcohohc beverages serves m, as condItIoned and enforced, IS compatible WIth the character of the surroundIng area Adherence 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 foregOIng, the Planmng CommISSIon hereby approves CondItional Use PermIt No 09-2, subject to the followmg condItIOns CondItional Use PermIt 09-2 IS approved for a 1,500 square foot outdoor dInmg area m conjunction WIth an eXlstmg 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 30f7 Plannmg Comml551On ResolutlOll 09-11 CondztlOnal Use Pel mlt 09-2 12235 Seal Beach Boulevald (Pel WelA5zan DlI1el) Manh 4, 2009 2 The applIcant shall comply wIth all restrIctIOns placed on the ltcense Issued by the State of Caltfornla's Department of AlcoholIc Beverage Control (ABC) and a copy of saJd approved lIcense shall be filed WIth the Department of Development Services as soon as the ltcense IS receIved by the applIcant from ABC 3 All alcoholIc beverages sold m conjUnctIon WIth the on-premlse-hcensed estabhshment must be consumed entIrely on the premIses prIor to closmg tIme None shall be sold as take-out ConsumptIon of alcoholtc beverages IS prohIbIted In the estabhshment's outdoor dlmng area, parkIng area or any adJOImng non-approved seatmg ateas TheIe shall be postIng of SIgnS both mSlde and outsIde the lIcensed premIses mdlcatmg that law prohIbItS drInkIng outsIde the lIcensed premIses 4 It shall be the responsIbIltty of the applIcant/lIcensee to proVIde all employees that sell or serve alcoholIc beverages WIth the knowledge and skIll enablmg them to comply WIth theIr responsIbIlItIes under State of CalIfornIa 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 concernmg sales to mmors and mtoxlcated persons, drIvmg under the mfluence, hours of legal operatIon and penaltIes for VIOlatIOn of these laws b The potentIal legal ltabIlttIes of owners and employees of busmesses dISpenSIng alcoholIc beverages to patrons, who may subsequently mJure, kIll, harm themselves or mnocent VIctIms as a result of the exceSSIve consumptIOn of alcoholIc beverages c Alcohol as a drug and ItS effects on the body and behavIOr, mcludmg the operatIOn of motor vehIcles d Methods of dealIng WIth mtoxIcated customers and recogmzmg under age customers 6 The followmg organIzatIons proVIde trammg programs, whIch comply WIth the above CrIterIa a ProVIder Department of Alcohohc Beverage Control Program LIcensee EducatIon on Alcohol & Drugs (LEAD) Telephone (714) 558-4101 Date 1 st 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 Coordmatmg CouncIl for ResponsIble Beverage ServIce (C3RBS) Telephone (714) 834-2860 * Karen Keay Cost $1200 per person * Tax DeductIble 40f7 Plannmg CommlS~lOll ResolutIOn 09-11 CondlllOnal U~e Pelmlt 09-2 12235 Seal Beach Boulevmd (Pel Wel A~zan Dmel) MaJ ch 4, 2009 For specIal events trammg c ProvIder Orange Countv 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 delIvenes or trash dIsposal activIties may occur m assocIation WIth the operation of thIS busmess facIhty between the hours of 1000 P M and 700 AM 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 hghtmg m the parkmg area shall be kept at a level so as to proVIde adequate hghtmg for patrons whIle not unreasonably dIsturbmg surroundmg commercIal areas 12 The applIcant WIll prommently dIsplay these CondItIOns of Approval m a locatIOn WithIn the busmesses' customer area that IS acceptable to the DIrector of Development ServIces 13 The estabhshment shall have a pubhc telephone lIstmg 14 Litter and trash receptacles shall be located at convement locatIOns InSide and outSide the establIshment Operators of such establIshments shall remove trash and debrIS 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 09-2 shall be automatIcally termInated If the operatIOn IS no longer mamtaIned as a "bona fide publIc eatmg place" as defined by the ABC and as may be audIted by the CIty staff 17 The estabhshment must serve a complete menu of food until thirty (30) mmutes pnor 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 50f7 Planlllng CommiSSIOn Re!!.olutlOll 09-11 CondItIOnal Use Pell1ut 09-2 12235 Seal Beach Boulevmd (Pel Wel ASlGn DlIlel) Mm ch 4, 2009 19 There shall be no lIve entertamment, amplIfied 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 condlttons 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 hereafteI 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 applIcant/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 establIshment proposes to change ItS type of lIquor lIcense b The establIshment proposes to modIfy any of Its current CondItIons of Approval c There IS a substantIal change m the mode or character of operatIons of the establIshment 22 The Planmng CommISSIon reserves the nght to revoke or modIfy thIS CondItIonal Use PermIt pursuant to ArtIcles 25 and 28 of The Code of the Cltv of Seal Beach If harm or retaIl-related problems are demonstrated to occur as a result of cnmmal or antl-socIal behaVIor, mc1udmg but not lImIted to the congregatIOn of mmors, VIOlence, publIc drunkenness, vandalIsm, solICItatIon and/or lItter 23 ThIS CondItIonal Use PermIt shall become null and VOId unless exerCIsed wlthm one (1) year of the date of final approval, or such extenSIOn of tune as may be granted by the Plannmg CommISSIon pursuant to a wntten request for extenSIOn submItted to the Department of Development Servlces a mmlmum of 90 days pnor to such explratlOn 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 111 the presence of the DIrector of Development ServIces, or notarIzed and returned to the Planmng Department, and untIl the 10 calendar-day appeal perIod has elapsed 25 The term of thIS permIt shall be 12 months At the end of the l111tIal term, the applIcant may apply to the CIty for an extenSIon of CondItIonal Use PermIt 09-2 The Planmng CommISSIon may grant an mdefimte extenSIOn proVIded that all CondItIons of Approval have been met and no sIgmficant polIce or other problems have occurred The apphcant IS hereby adVIsed that a new applIcatIOn and accompanymg fee must be submItted to the CIty pnor to conSIderatIon of an mdefimte permIt 26 The applIcant shall mdemrnfy, defend and hold harmless CIty, ItS officers, agents and employees (collectIvely "the CIty" herem after) from any and all clmms and losses whatsoever occumng or resultmg to any and all persons, firms, or corporatIOns fumIshmg 60f7 Plannmg COnllnl~SlOn ResolutlOl/ 09-11 CondltlOl/al Use Pel/llll 09-2 /2235 Seal Beach Boulevmd (Pel Wel Asran DlIIel) March 4, 2009 or supplymg work, servIces, matenals, or supphes 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 anSIng from the grantmg of or the exercIse of the nghts penmtted by thIS Conditional Use PermIt, and from any and all claIms and losses occumng or resultIng to any person firm, corporatIon or property for damage, mJ ury or death ansmg out of or connected WIth the performance of the use permItted hereby Apphcant's obhgatIon to Indemmfy, defend and hold harmless the CIty as stated herem shall mclude, but not be hmlted to, paymg all fees and costs Incurred by legal counsel of the CIty'S chOIce In representmg the CIty In connectIOn WIth any such claIms, losses, laWSUIts or actIons, expert wItness fees, and any award of damages, Judgments, verdIcts, court costs or attorneys' fees In 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 AYES CommISSIoners Deaton, Bello, Larson, and Massa-Lavltt NOES CommISSIOners None ABSENT CommISSIoners Eagar ABSTAIN CommISSIoners None /~ ChaIrperson, Planmng CommISSIon .. Lee WhIttenberg Secretary, PlannIng CommISSIon ***** 70f7