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HomeMy WebLinkAboutPC Res 96-38 - 1996-11-06 RESOLUTION NUMBER 96-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 96-2, PERMITTING AN AMENDMENT TO AN ALCOHOL RELATED LAND USE ENTITLEMENT AT 12241 SEAL BEACH BOULEVARD (pARASOL RESTAURANT) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREB Y FIND AND RESOLVE Sectlon 1 On September 17, 1996, Roy Hall filed an apphcatlOn for CUP 96- 2 with the Department of Development Services Through thiS apphcatlon the apphcant seeks to amend the conditions of his eXisting use permIt which perrruts the sale of beer and wine for on- premises consumption The apphcant IS seeking to allow thiS pnvllege In a recently added extenor patIo area Sectton 2 Pursuant to 14 Calif Code of Regs ~ IS025(a) and ~ II B of the CIty's Local CEQA Guldelmes, staff has determined as follows The apphcatlon for CUP No 96- 2 IS categoncally exempt from reVIew pursuant to the Cahforma EnVIronmental Quahty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Existing Uses), because It Involves the neghglble expansIon ofan eXIsting use, and pursuant to ~ IS061(b)(3), because It can be seen With certainty that ther,e IS no posslblhty that the approval may have a slgmficant effect on the environment Section 3 A duly nottced pubhc heanng was held before the Planmng Conumssion on November 6, 1996 to conSider the apphcatlOn for CUP No 96-2 No wntten eVIdence was submitted for or against the project At the pubhc heanng no one spoke in favor of the request and no one spoke In opposItion Section 4 The record of the heanng on November 6, 1996 indicates the follOWIng (a) On September 17, 1996 Roy Hall submitted an apphcatlon for CUP 96-2 With the Department of Development Services (b) SpeCIfically, the apphcant IS seeking to amend the anginal condItIOns of approval of CondItIOnal Use Permit 13-87 The apphcant IS requesting to serve beer and wine WIthin a new outdoor dlmng area at the Parasol restaurant, 12241 Seal Beach Boulevard (c) The subject restaurant IS located WIthin the Rossmoor BUSiness Center (d) The surrounding land uses and zomng are as follows NORTH, SOUTH & EAST A mix of commercial uses In the General Commercial zone (C-2) WEST MultI-family reSidential uses In the ReSidential High DenSIty zone (RHO) (e) On January 6, 1988 the Planmng CommISSion approved CUP 13-87 through the adoption of Resolution 1484 subject to 10 conditions CUP 13-87 perrrutted the sale of beer and wine for on-premises consumption, With condItion #9 requITIng all alcohohc beverages be served by hand Within the premIses (f) The Planmng CommiSSion onglnally approved alcohol sales on the property In 1980 through CUP 12-80 (g) Chief of Pohce BIll Steams has reViewed the proposed service of alcohohc beverages In the outdoor patio and has no concerns regarding the proposed modification to the use permit (h) The City has received no responses, wntten or other, to ItS mailed notice regarding CUP 96-2 Sectton 5 Based upon the facts contained In the record, including those stated In C \My DocumentslCondlllonal Use Permlls\96-2 - Resolution doc Plal/nmg Comnl/\.llOn ResolutIOn No 96-38 November 6, 1996 ~ 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) Staffmspected the restaurant on October 15, 1996, and found the It m comphance With all condItions of approval of CUP 13-87 (b) CUP No 96-2 IS consistent with the provIsions of the Land Use Element of the City's General Plan, which prOVides a "general commercIal" deSIgnation for the subject property and per/mts the on-sale service of alcohohc beverages subject to the Issuance of a Conditional Use Permtt 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 m, the Land Use Element Accordmgly, the proposed use IS consistent with the General Plan (c) The bUlldmg and property at 12241 Seal Beach Boulevard are adequate m Size, shape, topography and location to meet the needs of the proposed use of the property ReqUired adherence to apphcable buildmg and fire codes ensure there will be adequate water supply and utlhtles for the proposed use (d) The restaurant has sold alcohohc beverages for on-premises consumption for approXImately 15 years with no history of extraordmary demands for pohce services or of nUisance complamts from nelghbonng residents regardmg the sale and servtce ofalcohohc beverages (e) ChlefofPohce Bill Steams has reVIewed thiS request and has no concerns regardmg the proposed service of alcohohc beverages m the outdoor dmmg area Section 6 Based upon the foregomg, the Planmng Commission hereby approves ConditIOnal Use Permit 96-2, subject to the followmg conditions 1 CUP # 96-2 IS approved for an alcohol related land use at 12241 Seal Beach (The Parasol restaurant) The permitted use allows the sale of beer and Wine for on-premises consumption 2 The apphcant shall comply With all restnctlons placed upon the hcense Issued by the State of California Department of A1cohohc Beverage Control 3 The apphcant shall furmsh the City a copy of his ABC hcense and a copy of any conditions placed on the hcense by the Department of Alcohohc Beverage Control ThiS shall be done as soon as the hcense IS received by the apphcant from the State of Cahforma Department of A1cohohc Beverage Control 4 The hours of operation shall be Datly 600am to I OOam 5 No VIdeo games or Similar amusements shall be permitted on the premises 6 No lighted sIgns advertlsmg alcohohc beverages shall be placed m the WIndow areas, nor shall any other signs advertlsmg speCific bl ands of alcohohc beverages be permitted m the Window areas Intenor displays of alcohohc beverages which are clearly VISible to the extenor shall constitute a Violation of thiS condition 7 The apphcant will prommently display these condItions of approval m a locatIOn wlthm the bUSiness's customer area that IS acceptable to the Director of Development Services 8 A modificatIOn of this ConditIonal Use Permit shall be obtamed when (a) The estabhshment proposes to change ItS type ofhquor 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 96-2 - ResolutIOn ace be Page 2 Planning CommiSSIOn ResolutIOn No 96-38 November 6, 1996 10 The Planmng Commission reserves the nght to revoke or modifY this Conditional Use PerlDlt 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 manner speCified In Article 25, of Chapter 28 of the Code of the CIty of Seal Beach 11 Extenor hghtlng In the parking area shall be kept at a ]evel so as to provide adequate hghtlng for patrons while not unreasonably disturbing surrounding residentIal or commercIal areas 12 In the event staff deterrmnes that secunty problems eXist on the Site, the conditions of thIs permit may be amended, under the procedures of the Seal Beach MumclOal Code, to reqUire the prOVISion of addItIonal secunty measures 13 The estabhshment shall have a pubhc telephone hstlng 14 It shall be the responslblllty 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 The knowledge and skills deemed necessary for responsible alcohohc beverage service shall Include, but not be hrmted to the follOWing tOpiCS and skills development a) State laws relating to alcohohc beverages, particularly ABC and penal proVISIons concermng sales to minors and intoXIcated persons, dnvlng under the Influence, hours oflegal operations and penalties for ViolatIons of these laws b) The potential legal habilltles of owners and employees of bUSinesses dispenSing alcohohc beverages to patrons who may subsequently Injure, kill, or harm themselves or mnocent 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 recogmzlng underage customers 15 The follOWing orgamzatlons have been Identified by the State Department of A1cohollc Beverage Control as proViding training programs which comply With the above cntena 1) Department of A1cohollc 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 (7]4) 568-4187 16 Litter and trash receptacles shall be located at convement locations Inside and outSide the estabhshment, and the operator of the establlshment 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 establlshment between the ours of 10 00 P M and 7 00 AM 17 ThIs Condlttonal Use Permit shall become null and VOId unless exercised Within one (I) year of the date of final approval, or such extensIon of ttme as may be granted by the Planmng CommISSion pursuant to a wntten request for extensIOn submitted to the Department of Development Servtces a mlmmum of mnety (90) days pnor to such expiratton date. 18 All alcoholic beverages sold in conJuncbon WIth the on-premIse licensed establishment must be consumed enttrely on the premIses, and none shall be sold as take-out 96-2 - Resolution BCC be Page 3 Planmng Comm"'lOn ResolutIOn No 96-38 November 6, J 996 19 Condt\1onal Use PermIt #92-21 shall be automattcally terminated If the operatIon IS no longer maintained as a "bona fide publIc eating place" as defined by the Caltfornla Department of Alcoholtc Beverage Control The establIshment must have avallablltty for ordenng food until thirty (30) minutes pnor to clOSing ttme 20 There shall be no hve entertainment, amphfied muSIC, and/or dancing permItted on the preInlses at any ttme, unless specIfically authonzed under the condItIons of approval of the Condlttonal Use PermIt and by the State of California Department of Alcoholtc Beverage Control. 21 The proposed facility shall comply WIth Chapter 13D, "NOIse Control", of the Code of the CIty of Seal Beach as the regula\1ons of that Chapter now eXist or may hereafter be amended. Should complamts be receIVed regardtng nOIses generated by the faCIlIty, the Planmng CommISSIOn reserves the nght to schedule the subject permit for reconsldera\1on and may reqUIre the apphcant/operator to mlttgate the nOIse level to comply With the proVISIons of Chapter 13D 22 Consumptton of alcoholIc beverages shall be prohibIted In the establIshment's parktng area There shall be appropnate posttng of sIgns both inSide and outsIde the lIcensed premIses indIcatIng that dnnktng outside the lIcensed premIses IS prohibIted by law 23 Whenever the outdoor dining area IS being u\1IIzed for the sale, service or consumptton of alcoholtc beverages, a premise employee shall be In attendance and maintain continuous SUpervIsion at all ttmes to ensure the outdoor dining area does not create a publIc nUIsance contrary to publtc welfare and morals 24 All alcoholic beverages served In the outdoor dining area must be served In glass containers 25 All outdoor dtmng areas shall be surrounded by an enclosure of a deSIgn and height sa\1sfactory to the Planmng CommiSSIon The present enclosure, If adequately maintained, shall satIsfy thIS condltton 26 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 notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 27 The term ofthts permit shall be for twelve (12) months, after which time the apphcant may apply to the CommiSSion for an Indefimte extenSion, proVided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occur With respect to the subject property 28 The extenor gate to the outdoor dining area shall be locked at all times except when In use as an emergency or handicapped eXit The gate shall be fitted With panic hardware and an alarm to prevent Its use as a normal eXit PASSED, APPROVED AND ADOPTED by the Planmng CommiSSion of the City of Seal Beach at a meeting thereof held on the 6th day of November, 1996 by the follOWing vote AYES CommiSSioners Brown, Hood, Law, Sharp NOES CommiSSIOners ABSTAIN, CommiSSioners Yost 96-2 - ResolutIon BCC be Page 4 96-2 - Resolution BCC be Page 5 Planmng CommiSSIOn Re.olutlOn No 96-38 November 6, J 996 Bk~~~ Planmng CommISSIon