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HomeMy WebLinkAboutPC Res 94-42 - 1994-10-05 RESOLUTION NUMBER 94-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINTTE EXTENSION CONDITIONAL USE PERMIT 92-2, ALLOWING AN ALCOHOL-RELATED LAND USE IN CONJUNCTION WITH AN EXISTING RESTAURANT LOCATED AT 101 MAIN STREET, SUITE 0 (SEASIDE GRILL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Sectton I On August 9, 1994 Ron Sesler ("the apphcant"), Jim Watson, apphed for an mdefimte extension of Condlttonal Use Permit No 92-2, wluch permits an alcohol-related land use perll11ttmg the sale of beer and wine for on premises consumption at an eXisting restaurant located at 101 Main Street, SUIte 0 Section 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II A of the City's Local CEQA GUldehnes, staff has determined as follows The apphcatlon for an Indefimte extension of CUP No 92-2 IS categoncally exempt from review pursuant to the Cahfornla EnVironmental QualIty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Existing Uses), because the applIcatton IS for an eXisting use which IS not expanding m excess of50% of the floor area of the structure before the addltton, or 2,500 square feet, and, pursuant to ~ 15061 (b)(3), because It can be seen WIth certainty that there IS no posslblhty that the approval may have a slgmfieant effect on the enVIronment Sectton 3 A duly nottced pubhc heanng was held on September 21, 1994, to conSider the proposed extension of CUP 92-2 There was no eVidence, either wntten or oral, presented either In favor or In opposltton to thIS requested extensIOn Section 4 The record of the September 21, 1993 meeting indicates the following (a) The Planmng Commission approved an alcohol-related land use on the subJect property at ItS May 6, 1992 meeting The apphcant subsequently requested an extension of operating hours whIch the CIty CouncIl demed on appeal at ItS January 25, 1993 meeting The Planmng Commission granted a twelve (12) month extension of CUP 92-2 on July 7, 1993 and allowed a one (1) hour extension of operating hours An appeal was subsequently filed and the City CounCil overturned the Commission's approval of extended hours The applIcants have apphed for an mdefimte extension of CUP 92-2 The apphcants are not requesting extended operatmg hours at thiS tIme (b) The subJect property IS generally flat and rectangular and IS located at the northwestern corner of Ocean Avenue and Main Street and contains approximately 11,000 square feet (c) The subJect property IS desenbed as Orange County Assessor's Parcel Number IS 199-034-17 (d) The property has approxImately 100 feet offrontage on Ocean Avenue and 110 of frontage on Main Street (e) The property currently contains a mixture of commercIal uses, including the subJect restaurant The subJect restaurant IS a dehcatessen-type restaurant servIng a selectIOn of hot and cold sandWiches, soup, salads and hot breakfasts 1=, \C\Jw.!9>,C ace"- Planmng Commls^,on Re.ollltlOn No 9-1-42 October 5, 1994 (f) The subJect property's surrounding land use and ZOnIng classIfications are as follows NORTH & EAST Mixed commercIal uses In the Service Commercial (C-I) Zone SOUTH Eisenhower Park and the city beach In the Pubhe Land Use Zone (PLU) WEST A commercial office budding In the Service Commercial Zone (C-I), and a mixture of multi-family and single-family reSidential dwelhngs m the Residential High DensIty Zone (RHO) (g) The subject property, 101 Main Street, has received the follOWIng approvals from the PlannIng Commission (particular sUite m parenthesIs) CUP 10-76 for on-sale beer and wine m conJunction with an Itahan restaurant (SUIte 0) Plan Review 2-77 approving a sign program (entire property) SPR 22-77 for the above-mentIoned sign program (entire property) V AR I -77 A vanance for architectural proJections mto the front setback (entire property) CUP 7-80 for on-sale beer and wine at Giancola's restaurant (Suite 0) CUP 4-82 to transfer the above-mentioned on-sale beer and wine hcense (Suite 0) MHO 2-84 to allow for a minor height variance for an architectural proJectIOn (entire property) (h) SUIte 0 has had a history of on-sale beer and wine service dating back to 1976 when CUP 10-76 was Issued to Giancola's Itahan Restaurant (I) The Seal Beach Pohce Department has reviewed the eXisting records of the restaurant and has no reservations regarding the requested mdefinIte extension (J) There IS no history of extraordinary demands for pohce services associated with the operation of the Seaside Gnll Section 5 Based upon the facts contained In the record, mcludlng 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 1 CUP #92-2 ts 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 The use IS also consistent WIth the remalnmg elements of the CIty's General Plan as the pohcles of those elements are consistent WIth, and reflected In, the Land Use Element AccordmgIy, the proposed use IS consistent with the General Plan 2 The bUIlding and property at 101 Main Street are adequate In SIZe, shape, topography and location to meet the needs of the proposed use of the property 3 ReqUIred adherence to apphcable building and fire codes ensure there will be adequate water supply and utlhtles for the proposed use Page 2 1'\ 1ClJ1'IR."C ace... Planmng CommISSIOn Resa/II/lOn No 94-42 October 5, 1994 4 The on-sale selVlce of beer and wine IS compatible WIth the character of the subJect area Adherence to Conditions of Approval placed on the use by both the City of Seal Beach and the Department of A1cohohc Beverage Control should mitigate any negative Impacts to nelghbonng residential properties 5 The Seal Beach Pohce Department has revIewed the eXisting records and has no reservations regarding the mdefimte extension of the Conditional Use Permit Section 6 Based upon the foregoing, the Planning Commission hereby approves an mdefimte extension of Conditional Use Permit 92-2 subJect to the follOWing conditions I CUP #92-2 granting a land use entitlement for an alcohol-related land use permitting on-premise sale of beer and wme at 101 Main Street, SUite 0 IS extended Indefimtely 2 The apphcant shall comply with all restnctlOns placed upon the hcense Issued by the State ofCahfornla Department of Alcohohc Beverage Control 3 The apphcant shall furnish the City a copy of his ABC hcense and a copy of the conditIOns placed on the heense by the Department of Alcohohc Beverage Control ThiS shall be done as soon as the hcense IS received by the apphcant from the State of Cahfornla Department of A1cohohc Beverage Control 4 The hours of operation shall be 7 00 a m to 10 00 P m Sunday through Thursday 7 00 a m to 1 I 00 P m Fnday and Saturday, Special Events and Hohdays 5 No Video games or slmtlar amusements shall be permitted on the premises 6 There shall be no extenor advertiSing of any kind or type, including advertiSing directed to the extenor from WIthin, promoting or indicating the avallablhty of alcohohc beverages 7 The apphcant will prominently display these conditions of approval m a locatIOn Within the busmess's customer area that IS acceptable to the Director of Development Services 8 ThiS Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the apphcant m the presence of the Director of Development Services, or notanzed and returned to the Planmng Department, and unttl the ten (J 0) day appeal penod has elapsed 9 A modification of this Conditional Use Permit shall be obtained when (a) The estabhshment proposes to change ItS type ofhquor hcense (b) The estabhshment proposes to modifY any oflt's current conditions of approval (c) There IS a substantial change In the mode or character of operations of the estabhshment 10 The Planmng CommIssion reserves the nght 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 m the manner speCified In ArtIcle 25, of Chapter 28 of the Code of the City of Seal Beach or If harm or retall related problems are demonstrated to occur as a result of cnmlnal or anti-social behaVior, including but not hmlted to the congregation ofmmors, Violence, pubhc drunkenness, vandahsm, sohcltatlon and/or htter I I Extenor hghtlng m the parking area shall be kept at a level so as to proVIde adequate hghtlng for patrons while not unreasonably disturbing surrounding resIdential or commercial areas A hghtmg plan shall be provided, subJect to reVIew and approval by the Page 3 1=\ 1CUP1R""C BeCk Planmn/{ COIIIIIII^^lOn Re.alullOn No 94-42 Oclober 5, 1994 Dtrector of Development Services, which promotes mlmmal disturbance to nearby residences 12 In the event staff determines that secunty problems eXist on the Site, the conditions of this permit may be amended, under the procedures of the Seal Beach Mumclpal Code, to reqUIre the provIsIon of additional secunty measures 13 The estabhshment shall have a pubhc telephone hstlng 14 It shall be the responslblhty of the apphcant/hcensee to provide all employees that sell or serve alcohohc beverages WIth the knowledge and skills that will enable them to comply with theIr responslblhtles under State law The knowledge and skIlls deemed necessary for responsible alcohohe beverage servIce shall Include, but not be hmlted to the following tOpiCS and skills development a) State laws relating to alcohohc beverages, particularly ABC and penal provIsions concerning sales to minors and intoxIcated persons, dnvlng under the Influence, hours oflegal operations and penalties for violations of these laws b) The potentIal legal habdltles of owners and employees of businesses dispensing alcohohc beverages to patrons who may subsequently inJure, kIll, or harm themselves or Innocent victims as a result of the excessive consumption of alcohohc beverages c) Alcohol as a drug and ItS effects on the body and behavIor, including the operatIon of motor vehicles d) Methods for deahng with intoxIcated customers and recogmZIng underage customers The following orgamzatlons have been Identified by the State Department of AJcohohc Beverage Control as proVIding training programs which comply with the above cntena I) Department of Alcohohc Beverage Control LEA 0 Program Telephone (714) 558-6482 2) Orange County A 0 E P T Program, for referral to either the BAD 0 or TIP S Program Telephone (714) 568-4187 15 Litter and trash receptacles shall be located at convement locations inSide and outside the estabhshment, and operators of such estabhshments shall remove trash and debns on an appropnate basIs so as not to cause a health problem There shall be no dumping of trash and/or glass bottles outside the estabhshment between the hours of 10 00 P M and 7 00 AM 16 This Conditional Use Permit shall become null and vOId unless exercised Within one (I) year of the date of final approval, or such extension of tune as may be granted by the Planmng Commission pursuant to a wntten request for extension submitted to the Department of Development Services a minimum of ninety (90) days pnor to such expIration date 17 AJI alcohohc beverages sold In conJunctIOn WIth the on-premise hcensed estabhshment must be consumed entirely on the premises pnor to closing time, and none shall be sold as take-out Consumption of alcohohc beverages shall be prohibited In the estabhshment's parking area There shall be appropnate posting of signs both inSide and outsIde the Page 4 1=\ \CU~,c BCCI.. Plannmg COlIlI/lIS\lOn Re.olullOn No 94-42 October 5, 1994 hcensed premIses mdlcatlng that dnnklng outside the hcensed premIses IS prohibited by law 18 Conditional Use Permit #92-2, shall be automatically terminated If the operatIOn IS no longer mamtalned as a "bona fide pubhc eating place" as defined by the California Department of A1cohohc Beverage Control The estabhshment must serve a complete menu offood until thirty (30) minutes pnor to closing time 19 There shall be no hve entertainment, amphfied mUSIC, or dancing 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 hcense conditions Imposed by the State of Cahfornla Department of A1cohohc Beverage Control 20 The proposed facility shall comply WIth Chapter 130, "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 complamts be receIVed regardmg nOises generated by the faclhty, the Planmng CommIssion reserves the nght to schedule the subJect permit for reconsideratIOn and may require the apphcant/operator to mItigate the nOise level to comply With the proVIsIons of Chapter 130 21 The knowledge and skills deemed necessary for responSIble alcohohc beverage selVlce as set forth In Condition No 15, shall Include for on-premise hcensed locations, but not be 11Imted to the following additIOnal tOpiCS and skills development a) Methods to appropnately pace customer dnnklng to reduce the nsk that the customer WIll not leave the premises In an intoXicated manner b) Knowledge ofmlxology, mcludlng marketable alternatIves to aIcohohc beverages 22 All WIndows and doors of the Seaside Grill will be closed by 1000 P m daily PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meeting thereof held on the 5th day of October 1994 by the follOWing vote AYES Commissioners Brown. Camobell. Dahlman. Law NOES Commissioners - ABSENT Commissioners Sharp @:~ Anton Dahlman, Chairman Planmng CommissIOn ee Whittenberg, Secretary Plannmg CommISSion Page 5 1=\ IOJAA."C BCCL..