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HomeMy WebLinkAboutPC Res 94-03 - 1994-01-19 ~ RESOLUTION NUMBER 94-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CUP NO 91-15, PERMITTING AN ALCOHOL-RELATED LAND USE AT 330 MAIN STREET, SUITE F (CAFE LAFAYETTE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 On July 31, 1991 Fred H Middaugh, Esq filed an applicatIon for CUP 15-91 (henceforth CUP 91-15) on behalf of Cafe Lafayette The applicant requested approval of an alcohol-related land use pernuttmg the sale of beer and Wine for on-prermse consumption In conJunction With an eXIsting cafe located at 330 Main Street, #F (Cafe Lafayette) Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the City'S Local CEQA Guidelines, staffhas determined as follows The application for CUP No 91-15 IS categoncally exempt from review pursuant to the California EnVIronmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (ExIsting Uses), because the application IS for an eXisting use whtch IS not expanding In excess of 5 0% of the floor area of the structure before the addItion, or 2,500 square feet, and, pursuant to ~ 15061(b)(3), because It can be seen With certainty that there IS no pOSSibility that the approval may have a Significant effect on the environment SectIon 3 A duly noticed public heanng was held before the Planning CommiSSIOn on January 5, 1994 to consider the requested extension of CUP No 91-15 The apphcant's representative spoke In favor ofthts request WIth no one spealong In opposition Section 4 The record of the heanng on January 5, 1994 indicates the follOWIng (a) On July 31, 1991 Fred H MIddaugh, Esq filed an apphcatlon for CUP 15-91 (henceforth CUP 91-15) on behalf of Cafe Lafayette (b) The applicant requested approval of an alcohol-related land use permitting the sale of beer and Wine for on-premise consumption In conjunction With an existing cafe located at 330 MlUn Street, #F (Cafe Lafayette) (c) The Planmng Comnusslon held a duly noticed public heanng on September 4, 1991 to conSIder CUP 91-15 At slUd heanng the Planmng Comrmsslon approved CUP 91-15 through the adoption of ResolutIOn 1646 (attached), Condition 12 of which set a twelve (12) month InItial term on the use (d) Subsequent to the CommiSSion's approval, the apphcants ran Into difficulties With the processing of their apphcatlon through ABC The City determined to schedule the twelve (12) month reVIew 12 months after the estabhshment began serVIce of alcoholic beverages rather than 12 months after the Resolution was SIgned (e) The subJect property IS located on the easterly Side of Main Street approXImately 300 feet south of the centerline of Pacific Coast Highway (1) Cafe Lafayette IS located wltlun a nuxed-use commercial structure whIch IS legally descnbed as Lots 30, 32, 34 and 36 of Block 209 of the BaYVIew Tract, In the City of Seal Beach, County of Orange, as per Map recorded in Book 8, Page 91 of Miscellaneous Maps, In the Office of the County Recorder of Orange County, State of Call forma (g) The subJect structure was constructed in 1988-89 and currently meets all requirements of the Code of the CIty of Seal Beach (Code), including parlong 1=1 1(JJP\Rq,,>8 BCCL.. Planmng CommISSIon Resoluuon No 94-3 JanuBI)' 19, 1994 (h) The surrounding land uses and zOning are as follows NORTH, SOUTH & WEST A mixture of commercial uses In the ServIce Commercial zone (C-l) EAST A nuxture of slngle-fanuly and multl-fanlliy reSIdential uses In the Residential HIgh DenSity zone, (RHO) (i) William Stearns, Chtef ofPohce, has reVIewed thIs proposal and has no reservations about permitting the requested use (statement enclosed) (J) The CIty receIved no wntten comments respondIng to the notices of the heanng on CUP No 91-15 SectIon 5 Based upon the facts contlUned In the record, Including those stated In ~ 4 ofthts resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City'S Code. the PllUInlng Conumssion hereby finds as follows (a) Staff Inspected the subJect property on December 15, 1993, and found that the restaurant meets all requirements of the ~ and conditions set forth In Planning ComnusslOn Resolution 1646 (b) CUP 91-15 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 Alcohol Related Land Uses subJect to the Issuance of a Conditional Use Permit The use IS also consIstent With the remalmng elements of the City'S General Plan as the pohcles of those elements are conSIstent With, and reflected in, the Land Use Element Accordmgly, the proposed use is consistent With the General Plan (c) The budding and property at 330 MlUn Street, #F are adequate In Size, shape, topography and location to meet the needs of the proposed use of the property ReqUired adherence to applicable buddmg and fire codes ensure there Will be adequate water supply and utlhtles for the proposed use (d) The sale of beer and WIne for on-prenuse consumption dunng the requested hours 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 A1cohohc Beverage Control should nutlgate any negative impacts to nelghbonng uses (e) The Seal Beach Police Department has reVIewed the request and has no reservations regarding the requested indefinite extension Section 6 Based upon the foregOing, the Planning ComnusslOn hereby approves an Indefinite extension of Conditional Use Permit 91-15, subJect to tile follOWing condItions I CUP # 91-15 IS approved for an alcohol-related land use permitting the sale of beer and Wine for on-prenuse consumption at 330 MaIn Street, #F, Seal Beach 2 The apphcant shall comply With all restnctlons placed upon the license Issued by the State of Callforma Department of Alcoholic Beverage Control 3 The apphcant shall furmsh the CIty a copy ofhts ABC license and a copy of any conditions placed on the hcense by the Department of Alcoholic Beverage Control This shall be done as soon as the hcense is received by the apphcant from the State of Callforma Department of A1cohohc Beverage Control 4 The hours of operatIOn shtill be 1=1 I(JJI'IR., .a BCCL.. Page 2 Plannmg CommIssIon ResolutIOn No 94-3 January 19, 1994 6 00 a m to 9 00 P m Sunday through Thursday 900 a.m to 1000 pm Fndayand Saturday and hohdays 5 No video games or similar amusements shall be permitted on the prenuses 6 No lighted signs advertising a1cohohc beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of a1cohohc beverages be permitted In the window areas Interior displays of a1cohohc beverages which are clearly VISible to the extenor shall constitute a VIolation of thts condition 7 The applicant Will prominently display these conditions of approval In a location Within the bUSiness'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 In the presence of the Director of Development SerVIces, or notarized and returned to the Planning Department, and until the ten (10) day appeal penod has elapsed 9 A modification of this Conditional Use Permit shall be obtained when (a) The establishment proposes to change ItS type ofbquor license (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 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 specwed by Article 28, and In the mlUIner speCJfied in ArtIcle 25, of Chapter 28 of the Code of the City of Sea] Beach 11 Extenor hghtIng in the parking arell shall be kept at a level so as to provide adequate hghting for patrons while not unreasonably disturbing surrounding reSidential or commercial areas 12 In the event staff determines that secunty problems exist on the Site, the conditIOns ofthts permit may be amended, under the procedures of the Seal Beach MUnicipal Code. to require the proVIsIOn of additional security measures 13 The establishment shall have a public telephone bstIng 14 It shall be the responSIbility of the applicant/hcensee to provide all employees that sell or serve a1cohohc beverages With the knowledge and slolls that Will enable them to comply with therr responsibilities under State law 15 The knowledge and skills deemed necessary for responsible alcoholic beverage serVIce shall Include, but not be linuted to the follOWing tOpiCS and slolls development a) State laws relating to alcoholic beverages, particularly ABC and penal prOVISions concemmg sales to mInors and IntOlocated persons, dnVlng under the mfluence, hours oflegal operations and penalties for Violations of these laws b) The potential legal liabilities of oWllers and employees ofbusinesses dispenSIng alcoholic beverages to patrons who may subsequently Injure, loll, or harm themselves or Innocent VIctims as a result of the excessIve consumption of alcoholic beverages c) Alcohol as a drug and its effects on the body and behaVIor, Including the operation of motor vehicles 1=1 I(JJP\RQ. oil BCC L.. Page 3 PIBI1lJJDg CommISSlOD Resolution No 94-3 Janrmry 19, 1994 d) Methods for de11ling with intoxicated customers and recognizing underage customers The folloWIng organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply With the above cntena 1) Department of Alcoholic Beverage Control LEA D Program 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 16 Litter and trash receptacles shalJ be located at conVenIent locations inSIde and outside the establishment, and the operator of the establishment shall remove trash and debns on an appropnate basis so as not to cause a health problem There shall be no dumping of trash lUld/or glass bottJes outside the establishment between the ours of 10 00 P M and 700 AM 17 The Planning Conumssion reserves the right to revoke or modtfy thts Conditional Use Pernut pursuant to Articles 25 and 28 of the Code of the City of Seal Beach ifharm or retlUl related problems are demonstrated to occur as a result of cnmmal or antiSOCial behavior, including but not hnuted to the congregation of minors, violence, public drunkenness, vandaliSm, soliCitation and/or litter 18 All alcoholic beverages sold in conjunction with the on-premise licensed establishment must be consumed entirely on the premises prior to clOSing time, and none shall be sold as take-out 19 Conditional Use Permit #91-15, shaIJ be automatically terminated tfthe operation is no longer mmntlUned as a "bona fide public eating place" as defined by the California Department of A1cohohc Beverage Control The establishment must serve a complete menu offood until thirty (30) minutes pnor to closing time 20 There shall be no live entertmnment, amphfied muSIC, and/or dancing permitted on the premises at any time, unless specifically authorized under the conditions of approval of a Conditional Use Permit, a special actiVIty permit Issued by the City Manager, or by the State of California Department of A1cohohc Beverage Control 21 The proposed facility shalJ comply with Chapter 13D, "Noise Control", of the Code of the City of Seal Belich as the regulations of that Chapter now exist or may hereafter be amended Should complaints be received regarding noises generated by the facility, the Planmng Commission reserves the right to schedule the subject permit for reconsideratIOn and may require the applicant/operator to mitigate the noise level to comply with the proVISIons of Chapter 13D 22 The sale of alcohohc beverages for consumption off the prenuses shall be prohibited Consumption of a1cohohc beverages shall be prohtblted In the estabhshment's parlong area There shaIJ be appropriate posting of SignS both inSIde and outSIde the licensed preIIl1ses indicating that drinking outSide the licensed prenuses is prohtblted by law 23 The lo1owledge and skills deemed necessary for responsible alcoholic beverage ServIce as set forth in Condition No 15, shaIJ Include for on-prenuse licensed locations, but not be limited to the following additional topics and skills development a) Methods to appropriately pace customer dnnking to reduce the nsk that the customer Will not Iellve the premises in an intOXicated mlUIner 1=1 l(JJAA.,oIl BCCL.. Page 4 Plannmg CommlSS1on Resolution No 94-3 January 19, 1994 b) Knowledge ofnuxology, including marketable alternatives to alcoholic beverages PASSED, APPROVED AND ADOPTED by the Planmng Conumsslon of the City of Seal Beach at a meeting thereof held on the 19th day ofJanuary, 1994 by the folloWing vote AYES Commissioners Sharp, Law, Dahlman, Campbell NOES Conumssloners ABSENT Conumssioners ABSTAIN: Commlssloner Soukup ;;~/I// Anton Daldman, Charrman Planmng Conumsslon L- e WhIttenberg, Secretary I Planning Comnusslon 1=\ \OJP\RqllsB BCC'- Page 5