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HomeMy WebLinkAboutPC Res 95-08 - 1995-04-05 . RESOLUTION NUMBER 95-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 95-1, PERMITTING AN EXTENSION OF OPERATING HOURS AT AN EXISTING ALCOHOL- RELATED LAND USE AT 1013 PACIFIC COAST HIGHWAY, SEAL BEACH (pIETRO'S PIZZA KITCHEN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On February 24, 1995 Moe Bonakdar and C Bruce Slckenger ("the Appbcants") filed an appbcatlon for CUP 95-1 with the Department of Development SefVIces Through CUP 95-1, the appbcant seeks approval to extend the operatIng hours of an extstlng alcohol-related land use at 1013 PaCIfic Coast HIghway, Seal Beach Specifically, the appbcant IS requestmg to extend the clOSIng hour from 9 00 PM on weeknights and 10 00 PM on weekends to 1 I 00 PM daily Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the CIty's Local CEQA Guldeltnes, statfhas determined as follows The applicatIon for CUP No 95-1 IS categoncally exempt from reVIew pursuant to the Cabforma EnVIronmental Quabty Act pursuant to 14 CalIf Code of Regs ~ 15301 (EXIstIng Uses), because It mvolves the negbgJble expansIOn of an extstmg use, pursuant to ~ 15305 (MInor Alterations In Land Use Ll1nitatlons), because the proposal Involves a mInor alteration m a land use bmltatlon and does not mvolve etther a property In excess of20% slope or a change In land use or denSity, and finally, pursuant to ~ 15061(b)(3), because It can be seen With certamty that there IS no POSSlblbty that the approval may have a SIgnificant effect on the enVIronment SectIon 3 A duly notIced pubbc heanng was held before the Planmng CommtSSlon on Apnl5, 1995 to consider the appbcatlOn for Conditional Use Permit 95-1 At the pubbc heanng one person spoke m favor of the request WIth no one speakmg In oppOSItIOn Section 4 The record of the heanng of Apnl5, 1995 Indicates the follOWIng (a) On February 24, 1995 Moe Bonakdar and C Bruce Slckenger submttted a completed appltcation for CondItional Use Permtt (CUP) #95-1 to the Planning Department Mr Slckenger plans to purchase the restaurant from Mr Bonakdar Mr Slckenger applted to the ABC for transfer of the eXIsting bcense on February 7, 1995 The appbcants are requesting Planmng Commtsslon reVIew and approval for a change in hours of operation at PIetro's Pizza Kitchen (b) The appbcants request theIr hours of operatIOn be extended from 11 00 A M to 9 00 P M Weekdays 11 00 A M to 1000 P M Saturdays to 11 00 A M to 11 00 P M Dally/Monday-Sunday (c) the surroundIng land uses and zomng are NORTH SIngle family homes located In the ReSIdential Low DenSIty (RLD) zone 1=\ 'CUPRQ5-. BCCI- Plannmg CommISSIOn ResolutIOn No 95-8 Aprll5, 1995 SOUTH A mix of commercial and reSidentIal uses and a church (St Anne's) In the General Commercial (C-2) zone and ResIdentIal HIgh DensIty (RHO) zone EAST Single famtly homes In the RLD zone WEST A mix of commercial and residentIal uses In the C-2 and RLD zones (d) Commtsslon approvals The premises has prevtously received the follOWIng Planmng 1 Use Vanance #UV-3-74 Resolution #558, dated August 4, 1971 Permitting renewal of on-sale beer and wine sales, WIth the hours of 11 00 A M to 9 00 P M weekdays and 11 00 A M to 10 00 P M Saturdays 2 Use Vanance #UV 5-72 ResolutIon #661, dated August 2, 1972 Approving for renewal of on-sale beer and WIne 3 ApprOVIng renewal of beer and WIne sales Resolution #855, dated August 7, 1974 (e) CIty staff Inspected the subJect property on March 15, 1995 and found 1) the premises IS a sIngle story umt measuring approximately 19' x 90' It IS part ofa large shopping center located along Pacific Coast HIghway, 2) the restaurant's mtenor has a total seatIng for 44 persons, 3) the restaurant has placed four (4) tables on the SIdewalk, just outside the front door There are two rectangular tables WIth four chaIrs each and two round tables WIth two chairs each for a total extenor seatIng capacIty for twelve (12) persons Tins seatIng area IS approXImately 16'8" WIde by 13'8" from store front to curb The premtses meet the requIred WIdth ofa walkway, winch IS 4' clear, 4) the restaurant has faclhties for the storage, preparation and servtce of meals, 5) female patrons and employees, there IS one (1) bathroom on the premises for both male and (f) there are no reSidences wltlnn 100' alrhne distance of apphcant premtses There IS a reSIdential tract of homes approXImately 165' away The rear of these homes parallel the rear of the shoppIng center, includIng premtses, and are separated by the shoppIng center's 65' WIde rear common parlong lot, a 3' hIgh cmder block wall, a 60' WIde two lane SIde street WIth Sidewalks and the reSIdential tracts' 6p' Cinder block wall (no access through wall and the reSIdences' backyards) (g) City of Seal Beach Pohce Chief, William Stearns, has reviewed tins apphcatlon and has no reservations on approVIng It (h) the subJect restaurant contaInS 1,700 square feet which requires seventeen (17) on-sIte parking spaces The shoppIng center offers wnple off-street parlong to the front and rear of the premtses The premtses has wnple loadIng zones as part of the shared center parking Page 2 1'\ 1CUr>.R... ace~ Planning CommISSIOn ResolutIOn No 95-8 Aprll5, 1995 SectIOn 5 Based upon the facts contaIned In the record, includIng those stated m ~ 4 oftlus resolution, and pursuant to ~~ 24-1300, 1303,28-2503 and 28-2504 of the City'S Code. the Planning COmmtSSlon hereby finds as follows (a) Staff Inspected the exIstIng location March 15, 1995, and found the subJect restaurant IS abiding by all conditions placed on the use by the Planning COmmtSSIOn, save hours of operatIOn (b) CUP No 95-1 IS consIstent WIth the proviSIOns of the Land Use Element of the CIty'S General Plan, which proVIdes a "sefVIce commercIal" designation for the subJect property and permits the on-sale sefVIce of alcoholic beverages subJect to the Issuance of a CondItional Use Permtt The use IS also consistent With the remaInmg elements of the City's General Plan as the pobcles 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 1013 PacIfic Coast Highway are adequate In SIze, shape, topography and location to meet the needs of the proposed use of the property (d) ReqUIred adherence to applicable buddmg and fire codes ensure there WIll be adequate water supply and utilities for the proposed use (e) The on-sale service of alcohol IS compatible WIth the character of the subJect area Adherence to ConditIOns of Approval placed on the use by both the City of Seal Beach and the Department of A1cohobc Beverage Control should mttlgate any negatIve Impacts to ne1ghbonng reSIdentIal propertIes (f) The proposed extension of operatIng hours to 1 I 00 PM IS appropnate gIVen the follOWIng 1) The subJect restaurant IS located in a large commercial center frontmg on PaCIfic Coast Highway, a substantial nOIse generator, 2) As opposed to MaIn Street, the subJect shoppmg center does not back up dIrectly to reSIdential uses Rather, the proposed restaurant IS located over 160 feet from the nearest reSidential uses 3) Two (2) other restaurants operate In the swne shoppIng center WIth clOSing hours of 12 00 AM or later The City has no history of complaInts regardIng the operatmg hours of these estabbslunents (g) The Seal Beach Police Department has reviewed the eXIsting records and has no reservatIOns regardIng the approval of the Conditional Use PermIt for a transfer of the bUSiness to a new operator SectIon 6 Based upon the foregOing, the Planmng CommiSSion hereby approves Conditional Use PermIt 95-1, subJect to the following condItions 1 CUP #95-1 IS approved for 1013 PaCific Coast Highway and IS Issued to Charles Bruce Sickenger for Pietro's PIZZR Kitchen 2 The appbcant shall comply WIth all restnctlOns placed upon the bcense Issued by the State of Callforma Department of Alcoholic Beverage Control 3 The appbcant shall furnIsh the City a copy of hIs ABC bcense and a copy of any condItIons placed on the bcense by the Department of A1cohobc Beverage Control Tins shall be done as soon as the license is receIved by the appbcant from the State of Cabforma Department of A1cohobc Beverage Control Page 3 1'\ 'CUPIR.., ace ~ Planning CommIssIon ResolutIon No 95-8 Aprll5, 1995 4 The hours of operatIOn shall be 11 00 A M to 11 00 P M daIly 5 No video gwnes or slmtlar wnusements shall be permttted on the premises 6 There shall be no extenor advertIsing of any kind or type, includIng advertlsmg dIrected to the extenor from Wltlnn, promoting or mdlcatIng the avatlablhty of alcoholic beverages 7 The apphcant wtll prommently display these conditions of approval m a location Wltlun the bUSIness's customer area that is acceptable to the DIrector of Development ServiceS 8 TIns CondItIOnal Use Permtt 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 SefVIces, or notarIZed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 9 A modification of tins CondItional Use Permit shall be obtaIned when (a) The estabhshment proposes to change Its type of liquor license (b) The estabhslunent 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 estabhslunent 10 Extenor lightmg In the parkIng area shall be kept at a level so as to proVIde adequate hghtIng for patrons wh1\e not unreasonably dlsturbmg surrounding reSIdentIal or commercIal areas A hghting plan shall be provided, subJect to revtew and approval by the DIrector of Development Services, winch promotes mInImal disturbance to nearby reSidences 1 I In the event staff determtnes security problems extst on the SIte, the condItions of tins permtt may be wnended, under the procedures of the Seal Beach Mumclpal Code. to reqUIre the prOVISIon of additIOnal secunty measures 12 The estabhslunent shall have a publtc telephone hstIng 13 It shall be the responSlblhty of the apphcant/hcensee to prOVIde all employees that sell or serve alcohohc beverages WIth the knowledge and sktlls that WIll enable them to comply WIth their responsiblhtles under State law The knowledge and sktlls deemed necessary for responsIble alcohohc beverage sefVIce shall mclude, but not be IImtted to the follOWIng tOpiCS and sktlls development a) State laws relatIng to a1cohohc beverages, particularly ABC and penal prOVISIons concernIng sales to mInors and mtoXlcated persons, dnvtng under the Influence, hours of legal operations and penaltIes for VIolatIons of these laws b) The potential legal lIablhtles of owners and employees of busInesses dlspensmg alcohohc beverages to patrons who may subsequently mJure, ktll, 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, mcludmg the operation of motor vehIcles Page 4 1'\ 1CU1'\R9>, ace ~ Planning CommISSIOn ResolutIOn No 95-8 April 5, 1995 d) Methods for dealmg with Intoxicated customers and recognIZIng underage customers The followmg orgwnzatlons have been Identified by the State Department of A1cohohc Beverage Control as providing traInIng progrwns which comply with the above critena I) Department of A1cohohc Beverage Control LEA D Progrwn Telephone (714) 558-6482 2) Orange County A D E P T Program, for referral to either the BAD D or TIP S Progrwn Telephone (714) 568-4187 14 LItter and trash receptacles shaJl be located at convement locations InsIde and outsIde the estabhslunent, and operators of such establishments 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 estabhslunent between the hoursoflOOOPM and700AM 15 The Planmng Commission reserves the nght to revoke or modIfY tins CondItional Use Permtt pursuant to ArtIcles 2S and 28 of the Code of the City of Seal Beach If harm or retail related problems are demonstrated to occur as a result of cnmtnal or anti-social behavior, includIng but not hmtted to the congregation ofmmors, VIolence, pubhc drunkenness, vandahsm, sohcitatlOn and/or htter 16 Tins Conditional Use Permit shall become null and VOId urness exercised WIthIn one (1) year of the date of final approval, or such extension of time as may be granted by the Planning CommtsSlon pursuant to a wntten request for extension submttted to the Department of Development SefVIces a mimmum of nInety (90) days prior to such explfatlon date 17 All a1cohohc beverages sold In conJunctIOn WIth the on-premise hcensed estabhshment must be consumed entirely on the premises pnor to clOSing time, and none shall be sold as take-out 18 ConsumptIon ofalcohohc beverages shall be prohibited m the estabhslunent's parking area There shall be appropnate posting of signs both mSlde and outSide the hcensed premJses mdlcatmg that dnnkmg outSIde the hcensed premtses IS prohIbIted by law 19 Conditional Use Permit #95-1 shall be automatically termtnated If the operatIOn IS no longer mamtalned as a "bona fide pubhc eatmg place" as defined by the CaltfornJa Department of A1cohohc Beverage Control The estabhslunent must serve a complete menu offood until thIrty (30) mmutes pnor to closing tIme 20 There shall be no Itve entertatmnent, wnphfied mUSIC, or danCing permttted on the premises at any tIme, unless specifically authonzed by a conditIOnal use permit ISSUed by the CIty and urness such uses are consistent WIth the hcense conditions unposed by the State ofCahfornJa Department of A1cohohc Beverage Control 21 The proposed faClhty shall comply WIth Chapter I3D, "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 complaInts be received regardIng nOises generated by the faclhty, the Planmng Commission reserves the nght to schedule the subJect Page 5 1'\ 'CUP>Roo. ace~ Planning CommIssIon ResolutIon No 95-8 Aprll5, 1995 permIt for reconsideratIOn and may requIre the applicant/operator to mitigate the noise level to comply with the proVIsions of Chapter 13D 22 The knowledge and skills deemed necessary for responsIble alcoholic beverage serVIce as set forth m Condition No 13, shall Include for on-premise licensed locations, but not be limIted to the follOWIng additional tOpICS and slalls development a) Methods to appropnately pace customer drinking to reduce the nsk that the customer Will not leave the premises In an mtoxlcated manner b) Knowledge ofmlxology, including marketable alternatIves to alcoholic beverages 23 The term of this permit shall be twelve (12) months At the end of the Initial term, the applicant may apply for an extension of CUP 95-1 The CommISSion may grant an indefimte extensIOn prOVided that all conditions of approval have been met and no significant police or other problems have occurred The applicant IS hereby adVISed that a new applicatIon and accompanymg fee must be submttted to the City pnor to consideratIOn of an mdefimte permit PASSED, APPROVED AND ADOPTED by the Planmng Commtsslon of the CIty of Seal Beach at a meetmg thereof held on the 5th day of Apnl, 1995 by the following vote AYES CommISSIOners Catnpbell, Law, Sharp NOES Commtssloners ABSENT CommiSSIoners Brown, Dahlman YJaiXI~AJi t~ Patncla E Campbell, Actmg hairman Planning CommiSSIOn Page 6 1'\ 'DJPoR.., ace~