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HomeMy WebLinkAboutPC Res 95-12 - 1995-06-21 ., , .., ..' RESOLUTION NUMBER 95-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 95-3, PERMITTING A LIMITED EXTENSION OF OPERATING HOURS AT AN EXISTING RESTAURANT IN CONJUNCTION WITH AN EXISTING ALCOHOL- RELATED LAND USE AT 550 PACIFIC COAST HIGHWAY, #111, SEAL BEACH (LOS CABOS MEXICAN RESTAURANT) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On March 23, 1995 Dave Bonadonna ("the ApplIcant") fIled an applIcatIOn for CUP 95-3 with the Department of Development ServIces Through CUP 95-3, the applIcant seeks approval to extend the operating hours of an eXisting alcohol-related Imd use at 550 pacifIC coast highway, #111, Seal Beach SpeCifIcally, the applicant I~ requesting to extend the hour~ of operatIon from the current hours of 10 00 AM to 10 00 PM Sunday through Thur,day and 10 00 AM to II 00 PM Fnday and Saturday to the new hours of 8 00 AM to I 00 AM dally SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUldehnes, staff has determined as follows The apphcatlOn for CUP No 95-3 IS categOrically exempt from review pursuant to the Cahforma EnVironmental QuaJtty Act pursuant to 14 Cahf Code of Regs ~ 15301 (EXisting Uses), because It Involves the neghglble expansion of m eXIsting use, pursuant to ~ 15305 (Minor AlteratlOn~ In Land Use LlmltatlOn~), because the proposal Involves a minor alteratIon In a land use hmltatlon and does not Involve eIther a property In excess of 20% slope or a change In land u~e or density, and finally, pursuant to ~ 15061(b)(3), because It can be seen With certainty that there IS no po~slblhty that the approval may have a Significant effect on the envlJonment SectIon 3 A duly noticed publIc heanng was held before the Planning Comnusslon on May 3, 1995 and continued to June 21, 1995, to conMder the application for Conditional Use PermIt 95-3 At the pubhc hearing the apphcant spoke In favor of the request WIth two (2) people speaking In opposItion Section 4 Indlcate~ the follOWing The record of the heanng of May 3, 1995 and June 21, 1995 (a) On March 23, 1995, DaVid Bonadonna filed an apphcatlon for Conditional Use Permit 95-3 WIth the Department of Development ServIces (b) The apphcant IS requesting to amend the hours of operation as approved through CUP 6-91 from 10 a m to 10 p m Sunday through Thursday and 10 00 a m to II 00 P m Fnday and Saturday to 8 00 a m to I 00 a m dally at an eXisting restaurant located at 550 PaCifiC Coast HIghway, #111, Seal Beach (Lo~ Cabos) Subsequently the apphcant amended hl~ reque~t to Include a remodel of the eXisting re~taurant to Inelude a new loungelbar area (c) The subject property IS located Within the Bay City Center at 550 PacifIC Coast Highway, SUite III (d) The ,ubJect property IS legally de~cnbed as Parcell In the CIty of Seal Beach, County of Orange, State of CalIforma as shown on Parcel Map ftled In Book 119 at Pages 40-42 of Parcel Maps, In the OffIce of County Recorder of said County (e) The Planning Commission onglnally approved an alcohol-related land use allOWing the sale of beer and wine for on-premIses con~umptlon on the subJect property !:\ \CUPJ<.?"~ L'C..rb< Planning CommISSIOn ResolutIOn No 95.12 June 21, 1995 through the approval of CUP 3-81 on May, 20,1981 Through CUP 91-6 the CommlbMon permItted an upgrade of the permit to allow the sale of dIstilled hquor (f) The subJect bUlldmg IS located more than 300 feet from the nearest educatIOnal property, 200 feet form the neare\t church and 150 feet from the nearest reSidentIal property (g) capacity of 50 persons The bubJect restaurant IS a MeXican-style restaurant With a seatmg (h) The eXlbtmg hours of operation are 10 00 AM to 10 00 PM Sunday - Thursday 10 00 AM to II 00 PM Friday and Saturday The propo\ed hours of operatIOn are 8 00 AM to 1 00 AM Datly (I) A sample of the menu was meluded with the ~taff report (J) The surrounding land uses and zoning are as follows NORTH & EAST A mIxture of commercial uses m the General CommercIal zone, (C-2) SOUTH Across Marina Dnve and the ElectriC Avenue green belt I~ a church In the General CommercIal zone, (C-2) WEST Across Fifth Street are bmgle famIly reSIdences m the ReSIdentIal Low DensIty zone, (RLD) (k) Wtlham Steams, Chief of Pohce, has reVIewed the eXlstmg records and has potential reservations about permlttmg the reque~ted extensIon of operatmg hour~ for the ~ubJect re~taurant and the proposed remodel BlIbed on these concern\ the pohce department Ib recommendmg a SIX (6) month review penod (I) The City receIved one (I) wntten comment, In opposttJon, responding to the notlceb of the hearing on CUP No 95-3 SectIon 5 Based upon the facts contained m the record, meludmg those ~tated m ~ 4 of this rebolutlon, and pursuant to ~~ 24-1300, 28-1400, 28-2503 and 28-2504 of the City's Code, the Planning CommIssIon hereby fmds as follow~ (a) Staff mspected the bubJect property on Aprtl 21, 1995, and found the restaurant meets all reqUlremenh of the Code, as well as all condItIOns of CUP 91-6 (b) CUP 95-3 I~ conblstent WIth the provmonb of the Land Use Element of the CIty's General Plan, whIch 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 consl~tent WIth the remammg elements of the Clty'~ General Plan as the pohcles of those elements are consIstent With, and reflected m, the Land Use Element Accordmgly, the propo\ed use IS con~l~tent With the General Plan (c) The bUlldmg and property at 550 PaCifiC Coast Highway, #111 are adequate m Size, ~hape, topography and location to meet the needs of the proposed use of the property (d) ReqUired adherence to apphcable butldmg and fIre codes ensure there will be adequate water supply and utllttles for the proposed use Page 2 1=\ \CUP\r'<.C"5i' ft.:C Ix...: Planning CommIssIOn ResolutIOn No 95-12 June 21, 1995 (e) The subject restaurant has possessed an alcohol-related land use entltletnent for 14-plus years WIth no record of sIgnificant police or other problems (f) The proposed extensIOn of the hours of operatIOn could result In an Increase In alcohol-related Impacts on surrounding senSitIve land uses dunng late evening hours Recently the City has undertaken an attempt to standardIZe operating hours of approved alcohol-related land uses The proposed request exceeds those standard hours (g) The sale of beer, WIne and distilled spmts for on-prermses consumptIon dunng the applicant's requested extended hours IS not compatIble WIth the character of the surrounding reSIdential neIghborhood due to the nOise and other Impacts winch would be generated by patrons exiting the prermses after midnight However, a reduced extenSion, as indicated below, is compatible proVIded the conditions Imposed herem are complied WIth (h) The Seal Beach Police Department has reVIewed the exIsting records and has potentIal reservatIons about perrmttlng the requested extensIOn of operating hours for the subject restaurant and the proposed remodel Based on these concerns the police department IS recommending a SIX (6) month review penod Section 6 Based upon the foregOing, the Planning CommiSSion hereby approves CondItional Use Perrmt 95-3, subJect to the follOWing condItions 1 CUP #95-3 IS approved for an extensIOn of operating hours of eXIsting an alcohol-related land use at 550 PacIfic Coast HIghway, #111, Seal Beach (Los Cabos) 2 The applicant shall comply With all restnctlons placed upon the hcense Issued by the State of CaltfomJa Department of Alcohohc Beverage Control 3 The applicant shall furnIsh the City a copy of hiS 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 ofCaltforma Department of Alcohohc Beverage Control 4 The hours of operation shall be 800AM tol000PM 8 00 A M to 12 00 AM Sunday through Thursday Fnday, Saturday and Holidays 5 No VIdeo games or sunilar amusetnents shall be permitted on the prermses 6 There shall be no extenor advertIsing of any kmd or type, Ineludlng advertISing directed to the exterior from Wltlnn, promoting or Indlcatmg the availability of alcoholic beverages 7 The apphcant WIll prominently display these conditIons of approval In a locatIOn Wltlnn the busmess's customer area that IS acceptable to the Director of Development SeMces 8 This ConditIOnal Use Perrmt shall not become effective for any purpose unJess an "Acceptance of ConditIOns" fOmJ has been Signed by the apphcant In the presence ofthe DJrector of Development SeMces, or notanzed and returned to the Planning Department, and until the ten (10) day appeal penod has elapsed 9 A modtficatlon of tins Conditional Use Permit shall be obtained when (a) The establishment proposes to change ItS type of liquor hcense (b) The estabhshment proposes to modify any of ItS current conditions of approval (c) There IS a substantial change In the mode or character of operations ofthe estabhshment Page 3 1'\ I(lJJ>oRq,.,9 IICCL.. Planning CommISSIOn Re.olutlOn No 95-12 June 21, 1995 (c) There IS a substantial change In the mode or character of operatIons of the e~tabhshment 10 ExterIor hghtlng In the parkmg area ~hall be kept at a level so as to provIde adequate hghtmg for patrons whIle not unreasonably disturbing surrounding reSidential or commercial arellb A hghtmg plan shall be proVided, subJect to revIew and approval by the DIrector of Development Service" whIch promote~ mmlmal disturbance to nearby reSIdences )1 In the event staff determines ~ecurlty problem~ eXist on the Site, the condltlon~ of thIS permIt may be amended, under the procedures of the Seal Beach MUniCipal Code, to reqUIre the provl'lon of additIOnal ~ecunty measures 12 The estabh~hment shall have a pubhc telephone hstlng 13 It shall be the responslblhty of the apphcantlhcensee to provide all employee~ that sell or serve alcohohc beverages with the knowledge and ~klll~ that WIll enable them to comply With their responslblhtles under State law The knowledge and skills deemed neces~ary for responSible alcohohc beverage service shall mclude, but not be hmlted to the follOWing tOpICS and ~kllls development a) State law~ relatmg to alcohohc beverages, particularly ABC and penal provmons concerning ~ale~ to mmors and intoxicated person~, dnvmg under the mfluence, hour~ of legal operations and penalttes for VIOlatIOns of the~e laws b) The potential legal hablhtle~ of owners and employees ofbu~messes dlspen~mg alcohohc beverage~ to patrons who may subsequently Injure, kIll, or harm themselve~ or Innocent vlcttm~ a~ a result of the excessive con~umptlon of alcohohc beverage~ c) Alcohol as a drug and It~ effects on the body and behaVior, mcludmg the operation of motor vehIcles d) Methods for deahng WIth intoXIcated customers and lecogmzmg underage customer, The followmg organlzatlon~ have been Identtfled by the State Department of Alcohohc Beverage Control as prOViding training program' which comply WIth the above cntena I) Department of Alcohohc 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 14 Litter and trash receptacles shall be located at convement 10catlon~ InMde and outSide the estabhshment, and operators of such estabh~hment~ ,hall remove trash and debrIS on an appropnate basIS so as not to cause a health problem There ~hall be no dumpmg of trash and/or gla~~ bottles outMde the estabhshment between the hours of 10 00 P M and 7 00 AM 15 The Planning CommiSSIon reserves the right to revoke or modify thl~ CondItional U,e Permit pursuant to Artlcle~ 25 and 28 of the Code of the Cttv of Seal Beach If harm or retail related problems are demonstrated to occur as a result of cnmlnal or anti-SOCIal behaVior, Includmg but not hmlted to the congregation of minors, VIolence, pubhc drunkennes~, vandah~m, sohcltatlon and/or litter Page 4 ::\ \CUP\f1Q!1113 seCk , Planning CommISSIOn Rewlullon No 95-/2 June 21, 1995 16 This Condltlonal Use PermIt ~hall become null and VOId unle~~ exercised WIthin one (1) year of the date of final approval, or such extension of time as may be granted by the Planning CommisSIon pur~uant to a written request for exten~lOn submitted to the Department of Development Servlce~ a mInImum of nmety (90) days pnor to ~uch expiration date 17 All a1cohohc beverages sold In conJunctIOn With the on-preml'e hcensed e~tabhshment must be consumed entirely on the premises pnor to clOSing tIme, and none ~hall be ~old as take-out 18 Consumption of alcohohc beverages shall be prohibited m the estabhshment's parking area There ~hc1ll be appropriate posting of slgn~ both inSide and outSIde the hcensed premlse~ mdlcatmg that dnnkmg outside the hcensed preml~es IS prohIbited by law 19 Conditional Use Permit #95-3 ,hall be automatically terminated If the operation IS no longer mamtamed a~ a "bona fIde pubhc eating place" as defmed by the California Department of Alcohohc Beverage Control The estabhshment must serve a complete menu of food until thIrty (30) mlnute~ pnor to closmg time 20 There shall be no hve entertainment, amplifIed mU~IC, or danCing permltled on the plemIses at any time, unles~ ~peclflcally authOrized by a conditIOnal u~e permit Issued by the City and unless such use~ are consistent With the hcense condItions Imposed by the State of California Department of Alcoholic Beverage Control 21 The proposed facIlity shall comply with Chapter 13D, "NOise Control", of the Code of the CIty of Seal Beach as the regulation, of that Chapter now eXIst or may hereafter be amended Should complamts be received regdI"dlng nOI,es generated by the faclhty, the Planning Comml~Mon reserves the nght to schedule the subject permit for reconSIderation and may require the apphcantloperator to mitigate the nOise level to comply WIth the provlMons of Chapter 13D 22 The knowledge and skills deemed nece~~ary for responsible c1Icohohc beverage service as set forth In Condition No 13, shall Include for on-preml~e licensed locations, but not be hmlted to the follOWing additional tOpiCS and sklll~ development a) Methods to appropnately pace customer drmklng to reduce the nsk that the customer WIll not leave the preml'e~ m an intoxIcated manner b) Knowledge of mlxology, including marketable alternatlve~ to alcohohc beverage~ 23 The term of thIS permit shall be ~IX (6) month~ At the end of the initial term, the apphcant may aooly for an exten'lon of CUP 95-3 The CommISSion may grant dll indefinite extensIOn prOVided that all condItions of approval have been mct and no slgnlflCdllt pohce or other problem, have occurred The aoollcant I~ hereby advned that a new aoollcatlOn and accomoanYlnl!. fee muH be submitted to the Gltv for comuleratlOn by the Plannlnll CommiSSIOn orlOr to consideratIOn of an indefinite oermll Page 5 '=\ '< ur>J:lC'5~G OCCl.c.. , Planmng CommISSIOn Re.olullOn No 95-12 June 21, 1995 PASSED, APPROVED AND ADOPTED by the Planning Comml~slon of the CIty of Seal Beach at a meeting thereof held on the 21 st day of June, 1995 by the follOWing vote A YES Commissioners Brown, Campbell, Dahlmdll, Law, Sharp NOES Comml'~loners ABSENT. Commissioners dt:/L Anton Dahlman. Chatrman Planmng CommIssion Page 6 '- \ ICUr'IRoo _9 Ire...