Loading...
HomeMy WebLinkAboutPC Res 94-02 - 1994-02-23 RESOLUTION NUMBER 94-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CUP NO 92-26, PERMITTING AN ALCOHOL-RELATED LAND USE AT 3001 OLD RANCH PARKWAY (TORTILLA BEACH) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On December 4, 1993, Cary HardWick filed an applicatIOn for an indefinite extenSIon of CUP 92-26 on behalf of Tortilla Belich The applicant requested approval of an alcohol-related land use permitting the sale of beer, wine and distilled Splnts for on-premise consumption In conJunctIOn With a new restaurant located at 3001 Old Ranch Parkway (Tortdla Beach) 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 92-26 IS categorically 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 which is not expanding In excess of 50% of the floor arell 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 slgmficant effect on the environment Section 3 A duly noticed public heanng was held before the Planning ConumsslOn on January 5, 1994 to consider the requested extension of CUP No 92-26 No one spoke In favor or in opposItion to thts request SectIon 4 The record of the hearing on January 5, 1994 Indicates the follOWIng (a) On December 4, 1993, Cary HardWick filed an appbcatlon for CUP 92-26 on behalf of Tortilla Belich (b) The appbcant requested approval of an alcohol-related land use permitting the sale of beer, Wine and distilled spirits for on-prenuse consumption In conJunction With a new restaurant located at 3001 Old Ranch Parkway (Tortilla Beach) (c) The Planmng ConumsslOn held a duly noticed public heanng on January 20, 1993, to consider CUP 92-26 At slUd heanng the Planning ConumsslOn approved CUP 92-26 through the adoption of Resolution 93-7, Condition 25 ofwhtch set a twelve (12) month Initial term on the use (d) The subject property IS located at 3001 Old Ranch Parkway and contlUns approXImately 7,197 square feet of gross floor area (e) Tortilla Beach Mexican Grill requests to continue ItS current operating hoursofll00AM toll00PM dlUly (1) The subJect property's surrounding land use and zOning classifications are NORTH & WEST A flood control chlUInel and Single fanuly homes located In Rossmoor, an unincorporated community In County of Orange SOUTH Office buddIngs Within the Bixby Office Park located in the General Commercial zone (C-2) 1=\ 1(JJi>,R.,,.g BCC L.. Plannmg COmrtllSSlOn Resoluhon No 94-2 Fcbnuuy 23,1994 EAST A vacant lot, formerly a serVIce station In the C-2 zone, separated from the subJect property by Seal Beach Boulevard (g) The subJect property has previously received the following Planning Conumssion approvals (1) CUP #2-88 - on-sale beer and wine (2) CUP #4-90 - on-sale beer and wine (h) The Department of Development Services deems the property to meet all parlong Code requirements (i) The Seal Belich Police Department reVIewed the application for CUP #92-26 and reports It has no reservation regarding the proposed Indefinite extension Staff inspected the subject property on December 16, 1993, and found the restaurant to be abiding by all conditions of approval of CUP 92-26, except Condition 21 regarding live entertaInment The applicant has received authonzation from the City Manager's office to provide entertainment on an eight (8) week tnal basiS In order to continue entertainment beyond the eight weeks penod the applicant IS aware he must obtain a conditional use permit from the City The applicant has recently picked up an application and has indicated he will apply for a CUP around the first of the year (J) The City received no written comments responding to the notices of the heanng on CUP No 92-26 SectIOn 5 Based upon the facts contained in the record, Including those stated In ~ 4 of this resolutiOn, and pursuant to ~~ 28-2503 and 28-2504 of the City's Code. the Planmng CommissIOn hereby finds as follows (a) Staff inspected the subject property on December 16, 1993, and found that the restaurant meets all requirements of the Code and conditions set forth in Planning Conumssion Resolution 93-7 (b) CUP 92-26 IS consistent with the provisions of the Land Use Element of the City'S General Plan, whtch prOVIdes a "general 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 remaining 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 (c) The bUilding and property at 3001 Old Ranch Parkway are adequate in Size, shape, topography and location to meet the needs of the proposed use of the property ReqUired adherence to applicable building and fire codes ensure there Will be adequate water supply and utilities for the proposed use (d) The sale of beer and wine for on-prenuse consumption during 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 Alcoholic Beverage Control should nutlgate any negative impacts to neighbonng 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 ConumsSlon hereby approves an Indefinite extension of ConditIOnal Use Pernut 92-26, subject to the following conditions 1 CUP #92-26 IS approved for a land use entitlement for an alcohol-related land use at an existing restaurant located at 3001 Old Ranch Parkway, Seal Beach (Tortilla Beach) Page 2 1= 1 1(JJi>,R.,,.g BCC I.. Planmng COmrD1SS10n Resoluhon No 94-2 FcbJu81J' 23, 1994 Specifically, the use permit allows the sale of beer, wine and distilled Splnts for on-prenuse consumption 2 The apphcant shall comply with all restnctlOns placed upon the hcense by the State of California Department of Alcoholic Beverage Control 3 The applicant shall furnish 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 it is received by the applicant from the State of Califorma Department of Alcoholic Beverage Control 4 The hours of operation shall be 11 00 A M to 11 00 P M daily 5 No video games or similar amusements shall be permitted on the premises 6 No lighted SignS advertising alcoholic beverages shall be placed In the WIndow areas, nor shall any other signs advertising speCific brands of alcoholic beverages be pernutted in the Window areJ.IS Interior displays of alcoholic beverages which are clearly viSible to the extenor shall constitute a VIolation of this conditIOn 7 The applicant will promInently display these conditions of approval Wlthtn the bUSiness's customer area that is acceptable to the Director of Development SerVIces 8 Thts Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant In the presence of the Director of Development Services, or notarized and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 9 A modification of Conditional Use Perrmt shall be obtained when (a) The establishment proposes to change its type of liquor hcense (b) The establishment 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 estabbshment 10 The Planning Commission reserves the right 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 In the mlUIner specified In Article 25, Code of the City of Seal Beach 11 Extenor lighting In the parlong area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding reSidential or commercial areas A bghtIng plan shall be proVIded, subject to review and approval by the Director of Development SerVIces, whtch promotes nummal disturbance to nearby reSidences 12 In the event staff determines security problems exist on the Site, the conditions of thts permit may be amended, under the procedures of the City's municipal Code. to require the proviSion of additional secunty measures 13 The estabbshment shall be required to have a public telephone hsting 14 It shall be the responsibility of the applicant/hcensee to proVIde all employees who sell or serve alcohohc beverages With the knowledge and skills that will enable them to comply With their responslblhtles under State law Page 3 1=1 1(JJi>,R.,,.g BCCL.. Planmng CommlSS1on Resoluhon No 94-2 Fcbrulll}' 23, 1994 The knowledge and slolls deemed necessary for responsible alcoholic beverage serVIce shall include, but not be bnuted to the folloWing tOpiCS and skills development a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to nunors and IntOlClcated persons, dnVlng under the influence, hours oflegal operations and penalties for VIolations of these laws b) The potential legal hablbtles of owners and employees of businesses dispensing a1cohohc 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 velncles d) Methods for dealing With IntoXIcated customers and recognizing underage customers The folloWIng organizations have been identified by the State Department of A1cohohc Beverage Control as providing trlUnlng programs which comply with the above critena (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 15 Litter and trash receptacles shall be located at convenient locations InSIde and outside the establishment, and operators of such establishments shall remove trash and debns on an appropriate 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 11 00 P M and 7 00 AM 16 The Planning CommisSIon reserves the nght to revoke or modifY t1us ConditIOnal Use Permit pursuant to Article 25, Chapter 28 of the Code of the City of Seal Belich tfharm or retlUl related problems are demonstrated to occur as a result of cnmmal or antisocial behavior, including but not hnuted to the congregation ofmmors, VIolence, pubhc drunkenness, vandalisln, soliCitation and/or btter 17 Thts Conditional Use Pernut 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 Commission pursuant to a written request for extension submitted to the Department of Development SerVIces a minimum of ninety (90) days pnor to such expiration date 18 All aJcoholic beverages sold In conJunction with the on-prermse licensed establishment must be consumed entirely on the prermses, and none shall be sold as take-out 19 ConditIOnal Use Pernut #92-26, shall be automatically terminated tfthe operation is no longer mlUntained as a "bona fide pubhc eatmg place" as defined by the Califorma Department of A1cohohc Beverage Control The establishment must have aVlUlablhty for ordenng food until thirty (30) nunutes prior to c10smg time 20 There shall be no live entertainment, 3mphfied 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 A1cohobc Beverage Control Page 4 1=1 1(JJi>,R."oll BCCL.. Plannmg ConumSSlon Resoluhon No 94-2 FcbnJary 23, 1994 21 The proposed facility shall comply with Chapter 13D, "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 complmnts be received regarding nOises generated by the facility, the PlannIng Comnussion reserves the nght 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 22 The sale of alcoholic beverages for consumption off the premises shall be prohibited Consumption of alcoholic beverages shall be prohibIted In the establishment's parking lot There shall be appropnate posting of SignS both inside and outSIde the licensed prenuses indicating that drinking outside the licensed premises is prolnbited by law 23 The knowledge and slolls deemed necessary for responsible alcoholic beverage serVIce as set forth In Standard Condition No 15, shall include for on-premise licensed locations, but not be linuted to the following additIOnal tOpICS and skills development a) Methods to appropnately pace customer dnnlong to reduce the risk that the customer Will leave the prenuses In an intoXicated mlUIner b) Knowledge ofnuxology, including marketable alternatives to alcohohc beverages 24 Whenever the outdoor dining area is being utlhzed for the sale, service or consumptIOn of a1cohohc beverages, a premise employee shall be In attendance and maintain continuous superVISIon at all times to ensure the outdoor dining arell does not crellte a public nUisance contrary to public welfare and morals 25 All a1cohohc beverages served In the outdoor dining area must be served In glass mugs or cups 26 All outdoor dining areas shall be surrounded by an enclosure of a deSIgn and height satisfactory to the Planmng Commission 27 Any canopy constructed over an outdoor dining arell shall comply With all requirements of the Budding Department and Fire Department ABSTAIN CommiSSIOners / ' a~ d4-- Anton Dahlman, ChlUrman Planning Conumsslon e Whtttenberg, Secretary ~r Planning ConumsslOn ./ Page 5 1=1 I(JJPIR....a BCCL..