HomeMy WebLinkAboutPC Res 96-31 - 1996-07-17
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RESOLUTION No. 96-~
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL
BEACH, APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 94-1, AN ALCOHOL-RELATED LAND USE ENTITLEMENT FOR THE
SERVICE OF BEER, WINE AND DISTILLED SPIRITS FROM CONTROLLED
ACCESS BEVERAGE CABINETS at the RADlSSON HOTEL, 600 MARINA DRIVE,
SEAL BEACH, CA
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1
On July 17, 1996, Mano Bumbaca, General Manager, Ralitsson
Inn, Seal Beach submitted an applIcatIon for CondItIonal Use
Permit (CUP) 94-1, requesttng the mdefimte extensIon of an
alcohol-related land use entitlement for the on-sale servIce of beer,
wme and dIstilled spmts from room controlled access beverage
cabmets at the Radlsson Hotel, 600 Manna Dnve, Seal Beach,
CA
Sectton 2
Pursuant to 14 CalIfornIa Code of Regulattons, ~15025(a) and
~I1.B of the CIty's Local CEQA GUIdelInes, staff has determmed
as follows' CUP 94-1 IS categoncally exempt from reVIew,
pursuant to the CalIfornIa EnVIronmental QualIty Act pursuant to
14 CalIf. Code of Regs. ~15301 (Exlsttng Uses), because It
Involves the neglIgIble expansion of an eXisting use, and pursuant
to ~15061(b)(3), because It can be seen With certamty that there IS
no posslblhty that the approval may have a sIgnificant effect on the
environment
Section 3.
A duly nottced Pubhc Heanng was held before the Planning
CommissIon on July 17, 1996 to consider the appllcanon for
CUP 94-1.
Sectton 4.
The record of the PublIc Hearmg on July 17, 1996 indIcates the
followmg
(1) The subject property IS located at 600 Manna Dnve, Seal
Beach, CA ThiS IS m Planning Dlstnct 1 and IS zoned
General Commercial (C-2) The total bUlldmg, developed
In 1986, IS 37,076 square feet and IS compnsed of three
levels, With an open garage on the first level There are 71
guest rooms and 73 parkmg spaces prOVIded as reqUIred by
the City's mUnicipal ~
(2) The subject property IS legally descnbed as lots
2,3,4,5,7,9,11,13 and 15 m Block 206 of Stanton and
Lothian's first addition to Bay CIty, m the City of Seal
Beach, County of Orange, State of CalIforma, as per map
recorded m book 3, page 29, of mIscellaneous maps, m the
Office of the County of saId Recorder.
(3) The surroundmg land uses are
NORTH & WEST A mixture of commercIal and office
uses located Wlthm the Bay City
Center m the C-2 zone.
SOUTH The Electnc Avenue greenbelt m the
PublIc Land Use/RecreatIon (PLU/R)
Sectton 5.
....2
ReIolu_ No 'J6...JL
Condltwo.lJ Use PcmuI 94-1
lndcf'uutcBx.tcDllOO.
zone, and a nonconformmg
automobIle repatr shop the C-2 zone.
EAST
A mIxture of manufactunng and
commercIal uses In the C-2 zone,
and a mIx of single and multtple
famIly resIdences In the ResIdenttal
HIgh DenSity (RHD) zone.
(4) Pnor approvals for 600 Manna Dnve are'
. CondllIonal Use PermIt #87-16 (Resolutton No
1487)'
In 1987, the CIty approved CUP #87-16, a request
by August/Palm Ltd., d/b/a Rachsson Inn Seal
Beach Hotel, permltttng on-sale beer and Wine
servIce In conjunClIon WIth an eXlsttng hotel at 600
Manna Dnve
(5) ChIef of Pollce WIlham Stearns has revIewed the Pollce
Department records and has no concerns on the Indefimte
extensIOn of CUP 94-1.
Based on the facts contained In the record, including those state In Sectton
4 of thIS resolution, and pursuant to Code fifi 28-2503 and 28-2504, the
Planmng CommIssIon hereby finds.
1 CUP #94-1 IS consIstent WIth the provISIons of the Land
Use Element of the CIty's General Plan, whIch provIdes a
"general commercIal" deslgnatton for the subject property.
The use IS also conSIstent WIth the remaining elements of
the CIty General Plan as the pohcles of those elements are
consIstent WIth, and reflected m, the Land Use Element.
Accordingly, the proposed use IS consIstent WIth the
General Plan
2 The bUIlding and property at 600 Manna Dnve are
adequate In SIze, shape, topography and locatton to meet
the needs of the proposed use of the property
3 ReqUIred adherence to apphcable bUIlding and fire codes
ensure there Will be adequate water supply and utlllttes for
the proposed use.
4 The on-sale servIce of alcohol IS compatible WIth the
character of the subject area. Adherence to Condlttons of
Approval placed on the use by both the CIty of Seal Beach
and the Department of Alcohohc Beverage Control (ABC)
should mItigate any negative Impacts to nelghbonng
resldenttal properties.
5. The Seal Beach Pohce Department has reVIewed the
eXlsttng records and has no reservattons regarding the
mdefimte extensIon of the Condlttonal Use PermIt for a
new ABC license
Section 6
Poco 3
R.- No !I6-...at.
CoadlboDll Use Pcrmd. 94-1
IDdeflDltc BxtcnaKlD
Based on the foregoing, Condlttonal Use PerInlt #94-1, IS indefimtely
approved for the on-sale servIce of beer, Wine and dlsttlled SpIritS through
the adopnon of Resolunon No. 96- _, subject to the folloWIng Condlttons
of Approval:
1. The approval of CUP 94-1 IS indefimtely extended for an alcohol-
related land use entttlement. The approval permIts controlled
access beverage cabinets in each guest room to be stocked WIth
beer, Wine and dlsttlled splnts
2. The apphcant shall comply WIth all restncttons placed on the
hcense ISSUed by the State of CalIfornIa Department of Alcohohc
Beverage Control
3. ThIs Condlttonal Use PermIt shall not become effectIve for any
purpose unless an "Acceptance of Condlttons" form has been
sIgned by the apphcant in the presence of the Dtrector of
Development Services, or notanzed and returned to the Planmng
Department; and unttl the ten (10) calendar-day appeal period has
elapsed
4 A modlficatton of thIS Condlttonal Use PermIt shall be obtamed
when.
(a) The estabhshment proposes to change ItS type of hquor
hcense
(b) The estabhshment proposes to modIfy any of it's current
condlttons of approval.
(c) There IS a substantIal change in the mode or character of
operattons of the estabhshment
5. Extenor hghtmg in the parktng area shall be kept at a level so as
to proVIde adequate hghtIng for patrons whIle not unreasonably
dlsturbmg surroundmg resldenttal or commercIal areas. A hghttng
plan shall be proVIded, subject to revIew and approval by the
Dtrector of Development ServICes, whIch promotes mlmmal
dIsturbance to nearby reSIdences
6. In the event staff determines that secunty problems eXIst on the
SIte, the condlttons of thIS permIt may be amended, under the
procedures of the Seal Beach MUniCIpal Code, to reqUIre the
provISIon of additional secunty measures.
7 The estabhshment shall have a pubhc telephone hstmg.
8. It shall be the responslblhty of the apphcantlhcensee to provIde all
employees that sell or serve alcohohc beverages WIth the
knowledge and sktlls that WIll enable them to comply WIth thetr
responslblhttes under State law
The knowledge and sktlls deemed necessary for responSIble
alcohohc beverage servIce shall mclude, but not be hrolted to the
follOWing topICS and sktlls development.
.... 4
RosoIu",," No 96- ~
Coodlbooal Use Pel1lllt g(..t
lDdefuutc ExterwOD.
a) State laws relatmg to alcohohc beverages, parttcularly ABC
and penal provIsIons concernmg sales to mmors and
mtoxlcated persons, dnvmg under the mfluence, hours of
legal operations and penalttes for vIolatIOns of these laws.
b) The potential legal habllltles of owners and employees of
busmesses dlspensmg a1cohohc beverages to patrons who
may subsequently mJure, 1011, or harm themselves or
mnocent VIctims as a result of the excessIve consumptton
of a1coholtc beverages
c) Alcohol as a drug and ItS effects on the body and behaVIOr,
includmg the operatton of motor vehicles.
d) Methods for dealmg WIth mtoxlCated customers and
recogmzmg underage customers.
The followmg organizations have been Identified by the
State Department of Alcoholtc Beverage Control as
provldmg tnumng programs whIch comply WIth the above
cntena.
(1) Department of Alcohohc Beverage Control
L E A.D Program
Telephone' (714) 558-6482
(2) Orange County AD E.P T. Program, for referral
to eIther the B A.D D. or TIP S. Program
Telephone' (714) 568-4187
9. Litter and trash receptacles shall be located at convenIent locatJons
mSlde and outsIde the estabhshment, 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
dumpmg of trash and/or glass bottles outsIde the establtshment
between the hours of 10 00 P.M. and 7 00 AM.
10. The Plannmg CommIssIon reserves the nght to revoke or modIfy
thIS Condlttonal Use Permit pursuant to Articles 25 and 28 of the
Code of the CIty of Seal Beach If harm or retall related problems
are demonstrated to occur as a result of cnmmal or antt-soclal
behaVIOr, mcluding but not hmlted to the congregatton of mmors,
VIolence, publtc drunkenness, vandalism, SOlICItation and/or ]lIter.
11. ThIs Condittonal Use PermIt shall become null and VOId unless
exerCIsed Wlthm one (1) year of the date of final approval, or such
extensIOn of ttme as may be granted by the Plannmg COmmISSIon
pursuant to a wntten request for extensIOn submItted to the
Department of Development Servtces a mlmmum of mnety (90)
days pnor to such explratton date
12. All a1cohohc beverages sold m conJunctton WIth the on-premIse
hcensed estabhshment must be consumed enttrely on the premIses
pnor to closmg ttme, and none shall be sold as take-out.
"'05
_No9f>.J3.J..
CoadIhoalJ Use Pcmnt 94-1
Indcruutc &1eD,1OlI
13. Consumptton of alcohohc beverages shall be prohibIted in the
estabhshment's parkmg area. There shall be appropnate posttng of
SIgnS both mSlde and outside the hcensed premIses mdlcating that
dnnkmg outsIde the hcensed premIses IS prohIbIted by law
14. There shall be no hve entertamment, ampltfied mUSIC, or dancmg
permItted on the premIses at any time, unless specIfically
authonzed by a condlttonal use permIt ISSUed by the CIty and
unless such uses are consIstent with the Itcense condltJons Imposed
by the State of CalIfornIa Department of Alcoholtc Beverage
Control.
15 The proposed faclhty 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
complamts be receIVed regardmg nOIses generated by the faclhty,
the Planmng CommISSIOn reserves the nght to schedule the subject
penmt for reconslderatton and may requIre the apphcantloperator
to mltJgate the nOise level to comply WIth the provIsIOns of
Chapter 13D.
16. The knowledge and slolls deemed necessary for responSIble
a1cohohc beverage servIce as set forth In CondItion No. 15, shall
mclude for on-premIse lIcensed locatJons, but not be Itmlted to the
following addItional topiCS and skIlls development:
a) Methods to appropnately pace customer dnnlong to reduce
the nsk that the customer Will not leave the premIses In an
mtoxlcated manner
b) Knowledge of mlxology, including marketable alternattves
to alcoholtc beverages.
17. No VIdeo games or SImIlar amusements shall be permitted on the
premIses.
PASSED, APPROVED AND ADOPTED by the Planmng CommISSion of the CIty of Seal Beach
at a meetmg thereof, held on the 17th day of July, 1996 by the followmg vote.
AYES'
Commlssioner(s) J..Iood~ t3Jwoc..-. i..12."'~ lJahLrn~ tShaAn~
J ,
NOES:
Commlssloner(s)
-
ABSTAIN: CommlsSloner(s)
ABSENT:
ComInlssloner(s)
~!1.~D
Chl11rman
Plannmg CommIssIon
tf&.~
ecretary
Planmng CommiSSIon