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HomeMy WebLinkAboutPC Res 94-07 - 1994-03-09 . . ,,~ RESOLUTION No 94-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT #94-1, A REQUEST FOR AN ALCOHOL-RELATED LAND USE ENTITLEMENT AT 600 MARINA DRIVE, SEAL BEACH, CA TO ALLOW IN-ROOM CONTROLLED ACCESS BEVERAGE CABINETS (HONOR BARS) (RADISSON HOTEL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On January 3,1994, BalYU Mukai of Mukai Services, Inc submitted an apphcatlon for Conditional Use Permit #94-1, requesting approval of an alcohol-related land use entitlement to pernut the on-sale service of beer, wine and distilled spmts from In-room controlled access beverage cabinets (honor bars) and to permit on-sale beer, wine and distilled spmt serVIce at a hOSpitality sUite at the Radlsson Hotel, 600 Marina Dnve, Seal Beach, CA SectIon 2 Pursuant to 14 Cahfornla Code of RegulatIOns, gIS025(a) and ~II B of the City's Local CEQA GUldehnes, staff has determined as follows CUP #94-1 IS categorically exempt from reView, pursuant to the Cahfornla EnVironmental Quahty Act pursuant to 14 Cahf Code of Regs ~15301 (Existing Uses), because It Involves the neghglble expansion of an eXisting use, and pursuant to gI5061(b)(3), because It can be seen With certainty that there IS no pOSSibility that the approval may have a slgmficant effect on the environment Section 3 A duly noticed pubhc heanng was held before the Planning CommiSSion on February 9, 1994 to conSider the apphcatlOn for CUP #94-1 At the pubhc heanng the apphcant's attorney, Debra K LeWIS, and a representative of the apphcant spoke In favor of the request With two (2) persons speaking In OppOSItion Section 4 The record of the Pubhc Hearing on February 9, 1994 Indicates the follOWing (I) The subject property IS located at 600 Marina Drive, Seal Beach, CA Thts IS In Planmng District I and IS zoned General Commerctal (C-2) The total bUilding, developed In 1986, IS 37,076 square feet and IS comprised of three levels, With an open garage on the first level There are 72 guest rooms and 73 parking spaces proVided as reqUired by the City's mUniCipal Code (2) The subject property IS legally deSCribed as lots 2,3,4,5,7,9,11,13 and 15 In Block 206 of Stanton & Lothian's first additIOn to Bay City, In the City of Seal Beach, County of Orange, State ofCahfornla, as per map recorded In book 3, page 29, of miscellaneous maps, In the Office of the County of said Recorder (3) The surrounding land uses and zoning claSSificatIOns are as follows NORTH & WEST A mixture of commercial and office uses located Wlthtn the Bay City Center In the General Commercial (C-2) zone SOUTH The Electnc Avenue greenbelt In the Pubhc Land UselRecreatlon (PLU/R) zone, and an automobile repair shop the C-2 zone 1= 1 ICUPIr,,,9 IlCC L.. PlannIng COlnJnJsslOn ResolutIOn No 94-7 March 9, /994 , \ EAST A mixture of manufactunng lUld commercial uses In the C-2 zone, and a mIx of single and multIple fanuly residences In the ResIdentIal HIgh DenSity (RHO) zone The nearest residential uses being located approximately 70 feet from the subJect hotel (4) The Planmng CommIssion has taken the following actions regarding the subJect property ConditIOnal Use Permit #]6-87 (Resolution No 1487) permitting on-sale beer and wine CUP 16-87 subsequently lapsed In 1988 because It was never exercIsed (5) ChIef of Pobce Wilham Steams has reViewed the Pobce Department records and has indicated the Pohce Department WIll mOnitor thts request regarding any problems resulting from approval of this CUP (6) The City of Seal Beach has made a request to the Department of A1cohohc Beverage Control (ABC) to be placed under RegulatIon 61 3 of the Alcohohc Beverage Control Act RegulatIOn 61 3 says If lUl area has both htgh cnme and an over-concentration of ABC hcenses, ABC can automatically deny an apphcatlOn for a hquor hcense The City Attorney's Office has indIcated that RegulatIon 6] 3 apphes only to new ABC hcenses, not to transfers of an eXisting hcense, thiS IS an apphcatlOn for a new hcense (a) The Radlsson Hotel IS located In Census Tract 99505, whIch, as of 1990, had a populatIOn of6,390 ABC's ratio for Orange County hcenses IS one (I) on-sale hcense for every 796 people Based on 1990 Census population figures a total of eight (8) on-sale hcenses should be permitted In Census Tract 995 05 Currently there are 25 on-sale hcenses In Census Tract 995 05 (b) The Radlsson Hotel IS located In the City's Cnme Reporting Dlstnct #3 In order for ABC to deSIgnate a reporting dlstnct as a "htgh cnme area", ItS cnme rate must be 20% above the average cnme rate per reporting dl~tnct for the CIty WIthin whIch It'S located Based on the most recent ] 993 figures, Pohce Department statistics for Cnme Reporting Dlstnct #3 show It IS conSidered a "htgh cnme area" by exceeding the City'S average cnme rate by over J 00% (86 cnmes compared to the average cnme rate of 40 cnmes) (7) ABC Regulation 61 4 states that no onglnallssuance of a retaIl hcense shall be approved for premIses at whtch the premises are located Wlthtn 100 feet of a reSidence However, the department may Issue an on81nal retail hcense where the apphcant estabhshes that the operation of the bUSiness would not Interfere WIth the qUiet enjoyment of property by reSidents The Radlsson Hotel IS located WIthin 100 feet of the nearest reSIdences located along Seventh Street Further, the apphcant has faded to estabhshed the proposed alcohol-related land use would not Interfere WIth the qUiet enJoyment of the nearby properties by reSidents (8) At the pubhc heanng the apphcant's attorney, Debra K LeWIS, and a representatIve of the apphcant spoke In favor of the request With two (2) persons speaking In opposItion SectIon 5 Based on the facts contained In the record, including those state In Section 4 of tins resolutiOn, and pursuant to Code ~~ 28-2503 and 28-2504, the Planning Comnusslon hereby finds I CUP 94-] is consistent With the proVISions of the Land Use Element of the City's General Plan, winch proVides a "general commercial" deSignatIOn for the subJect property and pernuts Alcohol Related Land Uses 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 Page 2 1=1 1(JJp\p...~ Bce!.. Planning CommISSIon ResolutIOn No 94-7 March 9, /994 the pohcles of those elements are consistent with, and reflected In, the Land Use Element Accordingly, the proposed use IS consistent with the General Plan 2 The building and property at 600 Manna Dnve are adequate In Size, shape, topogtaphy 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 4 The ConumsslOn finds a distinction between the requested In-room controlled access beverage cabinets (honor bars) and the hospltahty sUite SpeCifically, honor bars are becoming a hotel Industry standard which are In many ways Similar In nature to a refrigerator Within a home Whereas, the apphcant has flUled to estabhsh the proposed hospltahty sUite IS Significantly different than a retlUl bar 5 The sale of beer, wine and distilled Splnts from In-room controlled access beverage cabinets (honor bars) for on-premise consumptIon IS compatible With the character of the surrounding neighborhood Adherence to conditions of approval placed on the use by both the CIty of Seal Beach and the Department of Alcohohc Beverage Control should mitigate any negative Impacts to nelghbonng uses 6 As IS indicated In Section 46 ofthts resolution, the subject property IS located In an area which IS conSidered to have an over-concentratIOn of alcohol-related land uses and a hIgh cnme rate Specifically, Census Tract 995 05, In which the subJect property IS located, has approximately three (3) times the number of on-sale ABC hcenses as IS conSidered the average by ABC based on the population of the census tract (25 eXisting hcenses compared to the average of8 hcenses) Further, the City's Cnme Reporting Dlstnct #3, In which the subJect property IS located, IS conSidered a "htgh cnme area" by the City'S most recent figures because It has over tWice the average number of cnmes per reporting dlstnct (86 cnmes compared to the average cnme rate of 40 cnmes) Based on the above, the addition of a new alcohol-related land use permitting the proposed hospitality sUite IS not compatible With the character of the subJect area due to an over-concentratIon of eXIsting on-sale ABC hcenses and a high cnme rate In the surrounding area 7 As IS indicated In Section 4 7 of this resolution, the Radlsson Hotel IS located wlthtn 100 feet of the nearest reSidences located along Seventh Street Further, the apphcant has flUled to estabhsh the proposed alcohol-related land use permitting the proposed hospltahty sUite would not Interfere With the qUiet enJoyment ofthe nearby properties by reSidents Based on the above, the addition of a new alcohol-related land use permitting the proposed hospltahty sUite IS not compatible With the character of the subJect area due to the close proximity ofnelghbonng reSidential uses 8 The proposed "hospltahty SUite", proVIding comphmentary alcohol to persons In the hotel would create Significant enforcement problems making the proposed use incompatible With surrounding uses and detnmental to the neighborhood 9 Pubhc convenience and necessity would not be served by the permitting the proposed hospitality sUite on the subJect property There are numerous alcohol-related land uses offenng both on-sale and off-sale alcohohc beverages Within 400 yards of the subJect hotel 8 For the foregOing reasons the Planning ComnusslOn finds the proposed hospltahty sUite would be detnmental to the surrounding neighborhood 9 The Seal Beach Pohce Department has reVIewed the request and, If approved, Will mOnitor the use for comphance With the conditions of approval and to ensure the use does not become detnmental to surrounding uses Page 3 1=1 IC.UPIf'",.e BCC\.. Plannmg COlmmS!>lOn R<.olutlOn No 94-7 March 9, 1994 Section 6 Based upon the foregoing, the Planmng CommiSSIOn hereby approves Conditional Use Permit 4-1, subJect to the followmg conditIOns CUP # 94-1 IS approved for an alcohol-related land use at 600 Manna Dnve and is Issued to BlUYU MuklU for Mukai SerVIces, Inc at Radlsson Hotel, Seal Beach Specifically, this permit approves In-room controlled access hquor cabinets (honor bars) as permitted by a "Type 70" ABC License, but denies the request for a hospitalIty sUIte Wlthtn the hotel 2 The apphcant shall comply With all restnctlOns placed upon the hcense Issued by the State of Cahfornla Department of A1cohohc Beverage Control In connectIOn With City consideration of an apphcatlon, the apphcant must demonstrate comphance With all restnctlons placed upon the Issuance of such hcense by the A1cohohc Beverage Control Act, BUSiness and ProfeSSions Code ~~ 23000 to 26000, including but not hnuted to Rule 61 3(a) and 614 3 The apphcant shall furnish the City a copy of his ABC hcense and a copy of the conditIOns placed on the hcense by the Department of A1cohohc Beverage Control Thts shall be done as soon as the hcense IS received by the apphcant from the State ofCahfornla Department of Alcohohc Beverage Control 4 No Video games or sll111lar amusements shall be permitted on the premises 5 There shall be no exterior advertiSing of any Iond or type, including advertiSing directed to the extenor from Within, promoting or indicating the avallablhty of alcohohc beverages 6 The apphcant Will pronunently dIsplay these Conditions of Approval In a location Within the bUSiness's customer area that IS acceptable to the Director of Development Services 7 ThiS Conditional Use Pernut shall not become effective for any purpose unless an "Acceptance of Conditions" form has been Signed by the apphcant In the presence of the Director of Development Services, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 8 A modification ofthts Conditional Use Permit shall be obtained when (a) The estabhshment proposes to change ItS type ofhquor hcense (b) The estabhshment proposes to modifY any of It'S current conditions of approval (c) There IS a substantial change In the mode or character of operations of the estabhshment 9 The Planning 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 CltV 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 City of Seal Beach 10 Extenor hghtIng In the parlong area shall be kept at a level so as to proVide adequate hghtlng for patrons whIle not unreasonably disturbing surrounding residential or commercial areas II 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 MUniCipal Code, to reqUire the proVISion of additIOnal secunty measures 12 The estabhshment shall have a public telephone hstlng 13 It shall be the responslblbty of the apphcantlhcensee 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 Page 4 1=1 I(JJPIR...s BCC!.. Planmng COlnlnlSSlOn ResollJtlOn No 94-7 March 9. 1994 The 101Owledge and skills deemed necessary for responsible alcohohc beverage service shall Include, but not be luruted to the follOWing tOpiCS and skills development a) State laws relating to a1cohohc beverages, particularly ABC and penal proVISions concerning sales to nunors and intoXIcated persons, driving under the mfluence, hours oflegal operations and penaltIes for Violations of these laws b) The potential legal habllltles of owners and employees of businesses dispensing alcohohc beverages to patrons who may subsequently Injure, loll, 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 recognizing underage customers The follOWing organizations have been Identified by the State Department of Alcohohc Beverage Control as proViding training progrlUfis whtch comply With the above criteria I) Department of Alcohohc Beverage Control LEA D ProgrlUfi 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 14 Litter and trash receptacles shall be located at convenient locations inSide and outSide the establishment, and operators of such estabhshments shall remove trash and debriS 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 establishment between the hours of 1000 P M and 7 00 AM 15 The Planning Commission reserves the right to revoke or moddy thiS Conditional Use Pernut pursuant to Articles 25 and 28 of the Code of the City of Seal Beach If harm or retail related problems are demonstrated to occur as a resuJt of cnnunal or antisocial behaVior, including but not hmlted to the congregation of minors, VIOlence, pubhc drunkenness, vandahsm, sohcltatlOn and/or htter 16 ThiS Conditional Use Pernut shall become null and VOId unless exercised Within one (I) year of the date of final approval, or such extension of time as may be granted by the Planning CommiSSion pursuant to a written request for extension subnutted to the Department of Development SerVIces a minimum of ninety (90) days pnor to such expiration date 17 The proposed faclhty shall comply With Chapter 13D, "NOise Contro)", of the Code of the CltV of Seal Beach as the regulations of that Chapter now eXIst or may hereaftel be amended Should compllUnts be received regarding nOises generated by the faclhty, the Planning Comnusslon reserves the ngllt to schedule the subJect pernut for reconSideration and may require the apphcant/operator to mitigate the nOise level to comply With the proVISions of Chapter 13D 18 There shall be no hve entertainment, lUfiphfied mUSIC, and/or danCing permitted on the prenuses at any time, unless speCifically authOrized under the Conditions of Approval of the Conditional Use Permit, a SpeCial ActiVities Permit Issued by the City Manager of the Page 5 1=1 I(JJPIR..,B BCCk PlannIng Comm"<lOn ResolutIOn No 94-7 M-,rch 9, 1994 .. City of Seal Beach, and by the State of California Department of A1cohohc Beverage Control 19 The knowledge and skills deemed necessary for responsible alcohohc beverage service as set forth In ConditIOn #15, shall Include for on-premise hcensed locations, but not be hmlted to the following additIOnal tOpiCS and Slolls development a) Methods to appropriately pace customer dnnlong to reduce the risk that the customer will not leave the premises In an intoxicated mlUIner b) Knowledge ofmlXology, including marketable alternatIVes to alcohohc beverages 20 Access to the In-room controlled access hquor cabinets (honor bars) shall be granted from the front desk only after proof has been proVided the person requesting access IS oflegal dnnlong age Further, the hotel shall post a notice (minimum dimenSIOns of6" x 12") on each cabinet stating "Access to thiS controlled access beverage cabinet (honor bar) shall be proVIded only to the adult registered guest, If any, registered to stay In thts room Such access shall be granted only from the front desk upon proof of age It IS Illegal to serve or otherwise furnish alcohohc beverages to minors under the age of 21 " The second sentence of the posted notice reqUired above shall be pnnted In red Ink to contrast With the remainder of the notice which shall be printed With black Ink 21 The term of thiS permit shall be twelve (12) months At the end of the twelve-month term of tins permit, the Apphcant may apply for an indefinite extension of CUP No 94-1 The CommiSSion may grant such an indefinite extension proVIded all conditions of approval have been met and no extraordinary demand for law enforcement serVIces occurs With respect to the subJect property, or other Significant problems associated With the alcohol-related land use arise PASSED, APPROVED AND ADOPTED by the Planmng ComnusslOn of the City of Seal Beach at a meeting thereof, held on the 9th day of March, 1994 by the follOWing vote AYES Comnussloners j) A 1-1 L M A1U> c::: ~,:> 1< u ~ NOES Comnussloners ~ 0An--o~.W- , ABSENT CommISSioners SH-AR P -J 4~1 d~/~ Anton Dalilman, Chairman Planning ComnusslOn e Whtttenberg, Secretary Planning CommiSSion Page 6 1=1 IC UPIR",S sec\..