HomeMy WebLinkAboutPC Res 94-09 - 1994-03-23
RESOLUTION No. 94-9
A RESOLUTION OF THE CITY OF SEAL BEACH
PLANNING COMMISSION APPROVING AN INDEFINITE
EXTENSION OF AN ALCOHOL-RELATED LAND USE
ENTITLEMENT FOR CONDITIONAL USE PERMIT #93-2,
ALLOWING ON-PREMISE ALCOHOL SALES IN CONJUNCTION
WITH AN EXISTING RESTAURANT LOCATED AT 901 OCEAN
A VENUE, SEAL BEACH [KINDA LAHAINA RESTAURANT]
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1
On March 1, 1994, Kathryn L. Duran ("Applicant") filed an applIcation for an Indefimte
extensIOn of Conditional Use Penmt (CUP) #93-2 With the Department of Development
Services The Applicant seeks Indefimte extenSIon of an alcohol-related land use
entitlement for on-premise alcohol sales In conJunction With an eXIsting restaurant (Kmda
LaI1alna) located at 901 Ocean Avenue, Seal Beach, CA.
Section 2
Pursuant to 14 California Code of Regulations, ~15025(a) and ~II.B of the City's Local
CEQA GUIdelInes, staff has deternuned as follows: CUP #93-2 IS categoncaJly exempt
from reView, pursuant to the Callfonua Environmental Quality Act pursuant to 14 CalIf
Code of Regs. U5301 (ExIsting Uses), because It IS for an existing use which IS not
epxandmg, pursuant to ~15305 (MInor Alterations in Land Use LImitations), because the
proposal Involves a mmor 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 finalJy, pursuant
to ~15061(b)(3), because It can be seen With certll1nty that there IS no POSSibility that the
approval may have a slgmficant effect on the environment
Section 3
A duly noticed Public Heanng was held before the PlannIng CommiSSIOn on March 23,
1994, to consider the apphcatlon for CUP #93-2. Oral eVidence was submitted In favor
of the apphcation. No evidence, either wntten or oral, was presented for or against the
application.
Section 4.
The record of the Public Heanng on March 23, 1994 Indicates the follOWing:
(a) The subJect property IS located at 901 Ocean Avenue, Seal Beach and
contaInS approximately 2,100 square feet of gross floor area. The
property IS a rectangular parcel measunng 50' x 100', located at the
northeast corner of Ocean Avenue and MlUn Street in Planning Dlstnct I.
The Site IS Orange County Assessor's No 199-04-21. It IS Lot 21, Block
9, Tract #10428.
(b) The subJect property currently contains an eXisting restaurant which sells
alcoholic beverages for on-preInlses consumption.
(c) The subJect property's surroundmg land use and zonIng clasSifications are'
NORTH & WEST A mixture of offices, commercIal retaIl, commercial
services and multi-family residential uses in the C-l
(Service Commercial) zone.
PIo.2
c.~ ol Sc.oIIlcoch
PImnma l"nmm.._ RcIoIutwa. No 94-9
CoDcbbmll UICl Pemut 193-21901 Occ:an AYCIlUC
SOUTH
EIsenhower Park, the Municipal Pier and the beach
located In the PLU (public Land Use) zone.
EAST
Commercial retlUl bUSinesses In the C-l zone
(d) The subJect property has prevIOusly received the folloWIng Planmng Commission
approvals:
CondIl1onal Use Permit #71-1; Vanance #74-8; Conditional Use PermIt
#83-4; Variance #84-10, Condll1onal Use Permit #84-15; Condll1onal Use
Permit #84-16; Condll1onal Use PermIt #86-14; Condll1onal Use Permit
#86-15; Vanance #87-3; Conditional Use Permit #87-2, Conditional Use
Permit #87-18.
(e) The Department of Development Services deems the property to meet
parlong ~ requirements through the proVIsIOn of seven (7) on-site
parlong spaces and thirteen (13) In-heu parking spaces as approved
through Vanance #87-3
(1) In-LIeu Parking Fees. Vanance #87-3 requires the applicant pay In-heu
parlong fees of $1,300 per year (13 spaces) to the City of Seal Beach
(g) The Seal Be11ch Pohce Department reviewed the apphcatlon for CUP #93-
2 and reports It has no reserval1on(s) regardIng the proposed on-premise
sale of a1cohohc beverages In conJunction With the transfer of ownership
of the eXisting restaurant.
(h) The City received no comments In response to the Nol1ces of the Pubhc
Heanng on CUP #93-2.
(I) Staff inspected the subject property on March 16, 194, and found the
apphcant complYing With all City requests and regulations
(j) Ktnda Lal1aina IS a full-serVIce restaurant and has no history of
extraordInary demands for pohce serviCes or of nUIsance complaInts from
nelghbonng reSidents.
Secl10n 5.
Based on the facts contlUned In the record, including those state In Secl10n 4 of thiS
resolution, and pursuant to Code n 28-2503 and 28-2504, the Planning CommIssIOn
hereby finds'
(a) CUP #93-2 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 restaurants which sell
a1cohohc beverages subject to the issuance of a Conditional Use Permit
The use is also consistent With the remlUmng 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.
(b) The building and property at 901 Ocean Avenue are adequate In Size,
shape, topography and location to meet the needs Cre11ted by the proposed
use of the property.
.....3
C1I1 of Soo1 _
PIIDDmc CommIlllOII RcIoluboo No 94-9
CoadItaooal U.. Pcmut 193-21901 OcellI Avawe
(c) Required adherence to apphcable buildmg and fire codes ensures there
will be adequate water supply and utlhtles for the proposed use.
(d) As conditioned hereby, the transfer of an eXIsting aJcohohc beverage sales
hcense for on-premise consumption at the SIte will be compatible WIth
surroundmg uses and the community In general and Will not be detnmental
to the neIghborhood
Section 6.
Based on the foregoing, the Planning Commission hereby approves CUP #93-2, subJect
to the follOWing conditions.
1. CUP #93-2 IS approved for an on-premise sale of beer, wme and dISt1l1ed spmts
at 901 Ocean Avenue and IS ISSUed to Robert David Duran, Kathryn L. Duran,
Jack R. Duran.
2. The apphcant shaIJ comply with aJl restnctlons placed on the on-prenuse general
hcense by the State of CaJlforma Department of Alcoholic Beverage Control.
3. The hours of operatl.on sha11 be:
6:00 A.M to 1l:00 P.M Sunday through Thursday
6:00 A.M. to 12:00 A.M. Fndays, Saturdays and legaJ hohdays.
4. No VIdeo games or Slmuar amusements shaJl be pernutted on the premises
5. No hghted SIgns advertiSIng aJcohohc beverages shaIJ be placed m the WIndow
areas, nor shaJl any other SIgns advertising specific brands of aJcohohc beverages
be permitted in the Window areas. Intenor dIsplayS of aJcoholic beverage SIgns
whtch are clearly VISIble to the exterior shaJI constitute a Vlolatl.on of thiS
condition.
6 The apphcant will prominently display these condItions of approvaJ Within the
busmess's customer area that IS acceptable to the DIrector of Development
SerVIces.
7 This CondItional Use Permit shaJl not become effective for any purpose unless
an "Acceptance of CondItions" form has been signed by the apphcant m the
presence of the Drrector of Development Services, or notarized and returned to
the Planning Department; and unti.l the ten (10) day appeal penod has elapsed,
and aJl reqUIred conditions of approvaJ met.
8 A modification of Condltl.onaJ Use Permit shaJl be obwned when:
(a) A transfer of ownership of the hcense is proposed.
(b) The estabhshment proposes to change Its type of hquor hcense.
(c) The establishment proposes to modify any of It'S current conditions
of approvaJ.
(d) There is a substantial change m the mode or character of
operatl.ons of the estabhshment.
9. The Planning Commission reserves the nght to revoke or modIfy thIs Condltl.onaJ
Page 4
""" of Seal Beach
PIaonmg ConmuuICJll RcaoIutKxl No 94-9
Cond1taooI1 UIO PermIt #93-21901 Oceaa Avenue
Use Penmt if any violation of the approved comhtlons occurs, any Violation of
the Code of the CIty of Seal Belich, occurs, or for those reasons specified by
Article 28, and m the manner specified m ArtIcle 25, Chapter 28, Code of the
City of Seal Belich.
10. Extenor hghtlng m the parlong arell shall be kept at a level so as to provide
adequate hghtlng for patrons while not unreasonably disturbmg surroundIng
residentJal or commercial areas. A hghtlng plan shall be proVlded, subJect to
reVIew and approval by the Director of Development SerVIces, which promotes
mimmal disturbance to nearby reSidences.
11 In the event staff determmes secunty problems eXlst on the Slte, the conditions
of thiS permit may be amended, under the procedures of the City'S mumclpal
Code, to reqUlre the provISIon of additional security measures
12. The estabhshment shall be reqUlred to have a pubhc telephone hstlng
13. It shall be the responslbihty of the apphcantlhcensee to provide all employees
who sell or serve alcohohc beverages With the knowledge and skills that will
enable them to comply With their responslblhties under State law
The knowledge and slo1ls deemed necessary for responSlble alcohohc beverage
service shall include, but not be limited to the follOWing topiCS and slolls
development:
a) State laws relating to alcohohc beverages, particularly ABC and penal
provISIons concernmg sales to mInors and mtoxlcated persons, dnVlng
under the mfluence, hours of legal operations and penalties for Violations
of these laws.
b) The potential legal habllities of owners and employees of bUSinesses
cI1spensing alcohohc beverages to patrons who may subsequently mJure,
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 behavlOr, mcludIng the
operation of motor velucles.
d) Methods for dealIng with intoXicated customers and recogmzing underage
customers.
The follOWIng orgamzatlons have been identified by the State Department
of Alcohohc Beverage Control as provldmg training programs which
comply with the above cntena:
(1) Department of Alcohohc 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. Progranl.
Telephone: (714) 568-4187
14. Litter and trash receptacles shall be located at convement locations mSlde and
outside the establishment, 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
I'1ccS
Crty of Seol _
PIu:uuai ComIIuaIIOI1 .,.,.......... No 94-9
CaoddIcaaI UIC Petmd #93-21901 0cc:Ia Avcnuo
between the hours of 10:00 P.M. and 7:00 AM.
15. The Planmng CommissIOn reserves the nght to revoke or modify thIS Conditional
Use Penmt pursuant to ArtIcle 25, Chapter 28 of the Code of the City of Se11l
Belich If harm or retlUl related problems are demonstrated to occur as a result of
cmmnal or anti-soCIal behavIor, includIng but not hmIted to the congregation of
mInors, violence, pubhc drunkenness, vandahsm, sohcltatlon and/or htter.
16. Thts 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 Planmng Comnussion pursuant to a written request for extensIOn
submitted to the Department of Development ServICes a mInimum of nmety (90)
days prior to such expiration date.
17. Conditional Use Permit #93-2, shall be automatically terminated If the operation
is no longer mlUntlUned as a "bona fide pubhc eating place" as defined by the
Cahforma Department of Alcohohc Beverage Control
The estabhshment must have aVlUlablhty for ordermg food until thirty (30)
mInutes pnor to clOSIng time
18. There shall be no hve entertll1nment, amphfied music, and/or dancmg permitted
on the prenuses at any time, unless specifically authonzed under the condItions
of approval of the Conditional Use PermIt and by the State of California
Department of Alcoholic Beverage Control.
19 The proposed facihty shall comply With Chapter 13D, "Noise Control", of the
Code of the City of Se11l Belich as the regulations of that Chapter now eXIst or
may hereafter be amended. Should compllUnts be receIVed regarding nOISes
generated by the faclhty, the Planrnng 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.
20 The sale of alcohohc beverages for consumption off the premises shall be
prolnbIted and no alcohohc beverages shall be sold as take-out. Consumption of
alcohohc beverages shall be prohibited In the estabhshment's parlang lot. There
shall be appropnate posting of SIgns both InSide and outside the hcensed premIses
indIcating that dnnking outside the lIcensed premises IS prohibIted by law.
21 The knowledge and skills deemed necessary for responSIble alcohohc beverage
serVIce as set forth in Standard Condition #15, shall Include for on-premIse
hcensed locations, but not be hmlted to the following additional topICS and slalls
development:
a) Methods to appropriately pace customer dnnking to reduce the nsk that
the customer will not lellve the premises in an Intoxicated manner.
b) Knowledge of mlXology, IncludIng marketable alternatives to alcohohc
beverages.
22. The applicant shall comply with all conditions of Variance #83-3.
....6
CIly of ScoIIlcaoh
PlaDDmc Ccmmw:1OD Rcsolutaao. No 94-9
CcodJ.boDal UIO PermIt #93-21901 Ocean Avenuo
PASSED, APPROVED AND ADOPTED by the Planmng CommIsSIon of the CIty of Seal Beach
at a meeting thereof, held on the 23rd day of March 1994 by the followmg vote:
AYES
NOES
ABSTAIN
ABSENT.
CommiSSIOners DahlmlUl, Sharp, Law, Campbell
Commissioner Soukup
~ark SOUkUD, Vice Chal
Planning CommIssion
~~~
WhIttenberg, Secretary
_ Co~oo