HomeMy WebLinkAboutPC Res 96-36 - 1996-10-09
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RESOLUTION No 96-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING AN TWELVE (12)
MONTH EXTENSION OF CONDITIONAL USE PERMIT 92-1,
PERMITTING AN ALCOHOL-RELATED LAND USE AT 909
OCEAN AVENUE, SEAL BEACH (EL BURRITO JR )
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
Section I On September 18, 1996 the applicant submttted an application for
renewal The apphcatlon was not signed by the property owner and the CommiSSion granted the
apphcant a continuation of the revocation heanng to complete the application (Staff Report dated
September 18, 1996 w/attachments, Attached) On September 19, 1996 the property owner
signed the application to complete the applicatIOn packet
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 92-
I IS categoncally exempt from review pursuant to the Callforma EnVironmental Quality Act
pursuant to 14 Calif Code of Regs ~ 15301 (EXisting Uses), because It Involves the neghglble
expansion of an eXisting use, pursuant to ~ 15305-(Mlnor Alterations In Land Use LImItations),
because the proposal Involves a minor alteratIon In a land use limitation and does not Involve
either a property In excess of 20% slope or a change In land use or denSity, and finally, pursuant
to ~ 15061 (b)(3), because It can be seen With certainty that there IS no POSSlblhty that the
approval may have a slgmficant effect on the environment
Section 3 A duly noticed pubhc hearing was held before the Planmng
CorrumsslOn on October 9, 1996 to conSider the applicatIOn for an extension of CondItIOnal Use
Permit 92-1 At the pubhc hearing the applicant spoke In favor of the request WIth no one
speaking In opposItion
Section 4
The record of the hearing of October 9, 1996 indicates the
follOWIng
(a) The Planmng CommiSSion Issued CUP 92-1 on April IS, 1992 for d
twelve month period Shortly after the CommiSSIon approved CUP 92-1 the restaurant changed
hands The new owner accepted the conditions of CUP 92-1, but was forced to seek a new ABC
hcense The ABC license was held up for over a year when a reSident hVlng at 7tl. Street and
Central Avenue protested the license The new license was finally Issued and beer and wine sales
began on May 22, 1995, starting the twelve month review period reqUired through CUP 92-1
(b) On February 26, 1996 a letter was sent to JovenclO Dlaz, the owner
of the bUSiness, adVISing him the twelve (12) month initial term of the CUP would expire on May
22, 1996 Staff prOVIded the bUSiness owner an applIcation packet and worked With hiS
representatIves to complete the application
(c) The deadhne for submittal of the extension request passed but staff
extended the deadhne because the apphcant was working towards a submIttal As time passed,
staff continued to be In contact With the owner's representatIves who indicated they were In the
process of completing the application
(d) In response to CIty demands, the applicant submitted an Incomplete
applIcation on August 8, 1996 On August 12110 the City sent a letter to the bUSiness owner
explamlng the lacking Items and extending the deadline one final week
(e) After setting the date of the revocation heanng for September 18,
1996, staff extended one final offer to the applicant to submit a completed applicatIOn
C 'My DOCUMENTS'\CONomoNAL USE PERMITS'\92-1 RESOLUTION DOC Be Be
Planmng Commll<lOn ResolutIOn No 96-36
October 9, 1996
(t) On September 18, 1996 (the date the revocatIon heanng was
scheduled to be heard) the apphcant submitted an apphcatton for renewal The apphcatlOn was
not Signed by the property owner and the Commission granted the apphcant a continuatIOn of the
revocatIon hearing to complete the apphcatIon On September 19, 1996 the property owner
Signed the apphcatlOn to complete the apphcatlon packet
(g)
The surrounding land uses and zomng are
NORTH
& WEST
Commercial uses In the Servtce Commercial zone (C-I)
SOUTH
Across Ocean Avenue IS Eisenhower Park and the mumclpal beach
In the Pubhc Land Use I Recreation zone (pLU/R)
EAST
A mixture of smgle- and multI family reSidentIal uses m the
ReSidentIal High DenSity zone (RHD)
(h) City staffmspected the subject property on September 16, 1996
and found the restaurant m comphance With all conditIons of approval of ResolutIOn 92-4
(I) City of Seal Beach Pohce ChIef, Wilham Stearns, has reViewed thiS
apphcatlon and has no reservations on approvmg the requested extension
u) The City received no responses, wntten or other, m response to ItS
mailed notIce for the requested extension of CUP 92-1
SectIon 5 Based upon the facts con tamed m the record, mcludmg those stated m
~ 4 of this resolutIOn, and pursuant to ~~ 24-1300, 1303,28-2503 and 28-2504 of the City's
Code. the Planmng CommiSSion hereby finds as follows
(a) Staffmspected the eXlstmg restaurant on September 16,1996, and
found It m comphance With all conditIons of approval
(b) CUP No 92-1 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 the on-sale service of alcohohc beverages subject to the Issuance of a
ConditIonal Use Permit The use IS also consistent With the remammg 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 buildmg and property at 909 Ocean Avenue are adequate m Size,
shape, topography and location to meet the needs of the proposed use of the property ReqUired
adherence to apphcable bUlldmg and fire codes ensure there Will be adequate water supply and
utlhttes for the proposed use
(d) The on-premises sale of beer and wme, If properly conditIoned and
enforced, IS compatIble With the character of the Mam Street area Adherence to conditIons of
approval placed on the use by both the City of Seal Beach and the Department of Alcoholic
Beverage Control should rmtlgate any negatIve Impacts to nelghbonng reSidential propertIes
Sectton 6 Based upon the foregomg, the Planning ComrmsslOn hereby
approves ConditIOnal Use Permit 92-1, subject to the followmg conditIons
1 CUP #92-1 IS approved for an alcohol-related land use at 909 Ocean Avenue, Seal Beach
The use permit permits the sale of beer and wme for on-premises consumptIon
2 The apphcant shall comply With all restnctIons placed upon the hcense Issued by the State of
Cahfornla Department of A1cohohc Beverage Control
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92-1 ResolutIOn
Planmng ConmllS.lOn Re.olutlOn No 96-36
October 9, 1996
3 The apphcant 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 license IS received by the apphcant from the State ofCahfornla Department of
Alcoholic Beverage Control
4 The hours of operation shall be from 6 00 a m to 1000 P m on weekdays and from 6 00 am
to 11 00 P m on Fridays, Saturdays and holidays Food shall be served until 30 minutes
before clOSing
5 No Video games or Similar amusements shall be penrutted on the premises
6 There shall be no extenor advertiSing of any kind or type, including advertiSing directed to the
extenor from Within, promoting or indicating the availability of alcohohc beverages
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 applicant In the presence of the Director of
Development Services, or notanzed and returned to the Planmng Department, and until the
ten (10) day appeal period has elapsed
9 A modification of this Conditional Use Permit shall be obtained when
a) The establishment proposes to change ItS type ofhquor license
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 estabhshment
10 Exterior lighting In the parking 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
hghtlng plan shall be proVIded, subject to reVIew and approval by the Director of
Development Servtces, which promotes mlmmal disturbance to nearby reSidences
11 In the event staff determines security problems eXist on the Site, the conditions of thiS permit
may be amended, under the procedures of the Seal Beach Mumclpal Code, to require the
provIsion of additIOnal security measures
12 The establishment shall have a pubhc telephone hstlng
13 It shall be the responsibility of the apphcantllicensee to prOVide all employees that sell or serve
alcohohc beverages With the knowledge and skills that will enable them to comply With their
responsibilities under State law
The knowledge and skills deemed necessary for responSible alcoholic beverage service shall
Include, but not be luntted to the follOWing tOpiCS and sktlls development
a) State laws relating to alcoholic beverages, particularly ABC and penal prOVISIons
concerning sales to minors and intoxicated persons, driVing under the Influence,
hours oflegal operations and penalties for ViolatIons of these laws
b) The potential legal liabilities of owners and employees of bus messes dlspensmg
alcohohc beverages to patrons who may subsequently Injure, kill, 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
d) Methods for dealing With intoXicated customers and recogmzlng underage
customers
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92-1 ResolutIon
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Plannl1lg Comnll'slOn ResolutIOn No 96-36
October 9. 1996
The folloWIng organizations have been Identified by the State Department of A1cohohc
Beverage Control as providing training programs whtch comply with the above cntena
1) Department of A1cohohc Beverage Control LEA D Program
Telephone (714) 558-6482
2) Orange County AD 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 locations inside and outsIde the
estabhshment, and operators of such estabhshments 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 estabhshment between the hours of 10 00 P M and 7 00 A M
15 The Planmng CommiSSion reserves the nght to revoke or modlty thiS ConditIOnal Use Permit
pursuant to Articles 25 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 cnmlnal or anti-social behaVIOr, including
but not hmlted to the congregation of minors, Violence, pubhc drunkenness, vandahsm,
sohcttatlOn and/or htter
16 ThiS Conditional Use Permtt shall become null and VOId unless exercised wlthtn one (I) year
of the date of final approval, or such extension of time as may be granted by the Planmng
CommiSSion pursuant to a wntten request for extension submitted to the Department of
Development Sernces a mInImum ofmnety (90) days pnor to such expiration date
17 All alcohohc 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 of alcohohc beverages shall be prohibited In the estabhshment's parking area
There shall be appropnate posting of signs both inSide and outSide the hcensed premises
indicating that dnnklng outSide the hcensed premises IS prohibited by law
19 CondItional Use Permit #92-1 shall be automatically terminated If the operation IS no longer
maintained as a "bona fide pubhc eating place" as defined by the California Department of
A1cohohc Beverage Control
The estabhshment must serve a complete menu offood until thirty (30) minutes pnor to
clOSIng time
20 There shall be no hve entertalmnent, amphfied mUSIC, or danCing permitted on the premises at
any time, unless speCifically authonzed by a conditional use permit Issued by the City and
unless such uses are consistent With the hcense conditions Imposed by the State ofCahforma
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 permit for reconSideration and may
reqUIre the apphcant/operator to mitigate the nOise level to comply With the proVISIOns of
Chapter I3D
22 The knowledge and skills deemed necessary for responsible alcohohc beverage service as set
forth In ConditIOn No 13, shall Include for on-premise hcensed locations, but not be hmlted to
the follOWing additional tOpiCS and skills development
a) Methods to appropnately pace customer dnnkIng to reduce the nsk that the
customer WIll not leave the premtses In an IntmClcated manner
b) Knowledge ofmlxology, IncludIng marketable alternatives to alcohohc beverages
23 The appltcant shall maintain a sIgn on the front buildIng which reads "Customer Parking In
Rear"
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92-1 ResolutIon
Planning CommISSIOn ResolutIOn No 96-36
October 9, J 996
PASSED, APPROVED AND ADOPTED by the Planmng CommissIon of the CIty of Seal Beach
at a meetmg thereof held on the 9th day of October, 1996 by the followmg vote
AYES CommISSIOners
NOES CommisSIoners
ABSTAIN Comrrussloners
Brown, Sharp, Yost
Hood, Law
ee WhIttenberg, Secretary
Planmng CommiSSIon
92-1 Resolution
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