HomeMy WebLinkAboutPC Res 96-28 - 1996-06-05
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RESOLUTION No 96-28
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING AN
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 95-1, PERMITTING AN 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 May 2, 1996, C Bruce Slckenger ("the Apphcant") filed
an apphcatlon for an Indefimte extensIon of CUP 95-] WIth the Department of
Development Services Through CUP 95-1, the apphcant seeks approval for an alcohol-
related land use at ]013 PaCific Coast HIghway, Seal Beach
Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and & II B
of the City's Local CEQA GUidelines, staff has detenmned as follows The application for
CUP No 95-1 is categoncally exempt from review pursuant to the Califorma
Environmental QualIty Act pursuant to 14 Calif Code of Regs ~ 15301 (EXisting Uses),
because It Involves the negli81b1e expansion of an eXisting use, pursuant to 915305 (Minor
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 of20% 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 slgmticant
effect on the environment
SectIon 3 A duly noticed public heanng was held before the Planmng
Comtnlsslon on June 5, 1996 to conSider the application for an extension of ConditIOnal
Use Penmt 95-1 At the pubhc heanng the apphcant spoke In favor of the request With no
one speaking m opposItIon
SectIOn 4
The record of the heanng of June 5, 1996 indIcates the
follOWing
(a) On February 24, 1995 Moe Bonakdar and C Bruce
Slckenger submItted a completed application for CUP 95-1 to the Planmng Department
Mr Slckenger plans to purchase the restaurant from Mr Bonakdar MI Slckengel applied
to the ABC for transfer of the eXisting license on February 7, 1995 The apphcants are
requesting Planmng Commission reVIew and approval for a change In hours of operatIon
at PIetro's PLZZa KItchen
(b) On Apnl 5, 1995 the Planmng CommiSSIon applOved CUP
95-1 through the adoption of Resolution No 95-8 subject to 23 conditions
(c) The apphcant IS now seeking approval of an Indefimte
extension of CUP 95-1 as permItted through conditIOn #23
(d) The apphcants I equest their hours of operation be extended
from
1100 AM to 900 PM Weekdays
11 00 A M to 1000 P M Saturdays
to
II 00 A M to II 00 P M Dally/Monday-Sunday
o \MY DOCUMENTS'\CONDITIONAL USE PERMrrs\95-1 RESOLU110N- RENEWAL- 1013 PCH DOC Bc BC
t-
Plannlllg ('onIllIl.lSlOn Re.al.
(e)
the surroundmg land uses and zomng are
NORTH
Smgle famtly homes located m the ResidentIal Low IJ
(RLD) zone
SOUTH
A mix of commercial and reSidentIal uses and a church (
Anne's) m the General Commercial (C-2) zone and
ResIdential HIgh DensIty (RHO) zone
EAST
Smgle famtly homes m the RLD zone
WEST
A mix of commercial and residentIal uses m the C-2 and
RLD zones
(d)
Commtsslon approvals
The premises has prevIously received the followmg Planmng
]
Use Variance #UV-3-74
Resolution #558, dated August 4, 1971
Permittmg renewal of on-sale beer and wme sales, with the hours of
11 00 A M to 9 00 P M weekdays and II 00 A M to 10 00 P M
Saturdays
2
Use Variance #UV 5-72
Resolution #661, dated August 2, 1972
ApprOVIng for renewal of on-sale beer and wme
3
Approvmg renewal of beer and wme sales
Resolution #855, dated August 7, 1974
(e) City staffmspected the subject property on May 28, 1996
and found the restaurant m comphance WIth all conditIOns ofapproval of Resolution 95-8
(f) there are no resIdences wlthm 100' alrhne distance of
applicant premtses There IS a residential tract of homes approximately ]65' away The
rear of these homes parallel the rear of the shoppmg center, mcludmg premises, and are
separated by the shoppmg center's 65' Wide rear common parkmg lot, a 3' high cmder
block wall, a 60' Wide two lane Side street with Sidewalks and the residential tracts' 6p'
cmder block wall (no access through wall and the residences' backyards)
(g) CIty of Seal Beach Pohce Chief, Wtlham Stearns, ha~
reVIewed thts apphcatlOn and has no reservations on approvmg It
(h) the subject restaurant contams 1,700 square feet which
requires seventeen (17) on-site parkmg spaces The shoppmg center offers ample off-
street parkmg to the front and rear of the premises The premises has ample loadmg zones
as part of the shared center parkmg
(1) The City receIved no responses, wlltten or other, m
response to ItS mailed notice for the requested extensIon of CUP 95-1
SectIon 5 Based upon the facts con tamed m the record, mcludmg those
stated In ~ 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) Staff inspected the eXlstmg restaurant on May 28, 1996, and found It m comphance
WIth all condItIons of approval
(b) CUP No 95-1 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
P,lgc2
95-1 Resolullon - Renewal - 10 I3 PCH
/~
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Planning COI/II/II\.lOn RelolurlOn No 96-211
June 5. J 996
the issuance ofa ConditIOnal Use Permit The use IS also consistent with the
remaining elements of the City's General Plan as the policies of those elements ale
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 Required adherence to apphcable bUilding and fire codes ensure there
will be adequate water supply and utilities for the proposed use
(d) The on-premIses sale of beer and Wine, If properly conditioned and enfOl ced, IS
compatible WIth the character of the Seal Beach Adherence to conditIons of
approval placed on the use by both the City of Seal Beach and the Department of
A1cohobc Beverage Control should mitigate any negatIve Impacts to nelghbonng
reSidential properties
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 ]013 PaCific Coast Highway and IS Issued to Charles
Bruce Slckenger for Pietro's Pizza Kitchen
2 The appbcant shall comply with all restnctIons placed upon the license Issued by the
State ofCahforma Department of A1cohobc Beverage Control
3 The appbcant shall furnish the City a copy of his ABC hcense and a copy of any
conditions placed on the license by the Department of Alcoholic Beverage Control
ThIS shall be done as soon as the license IS received by the applicant fi om the State of
Cabfornla Department of Alcoholic Beverage Control
4 The hours of operation shall be 11 00 A M to II 00 P M daily
5 No video games or Similar amusements shall be permitted on the premises
6 There shall be no extenor advertiSing of any kind or type, including advertiSing
directed to the exterior from within, promoting or indicating the availability of
alcoholic 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 penod has elapsed
9 A modification of this ConditIOnal Use Pelmlt shall be obtained when
a) The establishment proposes to change ItS type of liquor license
b) The estabbshment proposes to modify any of It's cunent conditions of approval
c) There is a substantIal change In the mode or character of operations of the
estabbshment
10 Exterior lighting In the parking area shall be kept at a level so as to proVide adequate
bghtlng for patrons whtle not unreasonably disturbing surrounding reSidential or
commercial areas A hghtlng plan shall be prOVided, subject to review and approval by
the DIrector of Development Services, which promotes mlmmal dlstUlbance to nearby
reSidences
P.lgc1
95-1 P..csolullon . Renewal - 1013 PCH
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I'lanl/lnl{ COI/II/Il\\wn n..olutlOn No 96-211
June i, J 996
11 In the event staff determmes secunty problems eXIst on the sIte, the conditions of thIs
perInlt may be amended, under the procedures of the Seal Beach Mumclpal Code, to
reqUIre the provision of additional secunty measures
12 The establishment shall have a public telephone IIstmg
13 It shall be the responsIbIlity of the appllcant/hcensee to prOVide all employees that sell
or serve alcoholic 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 mclude, but not be hmlted to the followmg tOpiCS and skills development
a) State laws relatmg to alcohohc beverages, partlculally ABC and penal
provIsions concernmg sales to mmors and mtoxlcated persons, dllvmg
under the mfluence, hours oflegal operations and penalties for ViolatIOns of
these laws
b) The potential legal liabilities of owners and employees ofbusmesses
dlspensmg alcoholic beverages to patrons who may subsequently mJure,
kill, or harm themselves or mnocent 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
operatton of motor velucles
d) Methods for dealing With mtoxlcated customers and recogmzmg underage
customers
The followmg orgamzatIons have been Identified by the State Department of Alcoholic
Beverage Control as provldmg tlammg programs whIch comply With the above
cntena
1) Department of Alcoholic 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 locations mSlde 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 dumpmg
of trash and/or glass bottles outSide the establishment between the hours of 10 00
PM and700AM
15 The Planning CommiSSIon reserves the nght to revoke or modIfy thiS Conditional Use
Penmt pursuant to Articles 25 and 28 of the Code of the CIty of Seal Beach Ifharm or
retail related problems are demonstrated to occur as a I esult of cnmmal or anti-socIal
behaVior, mcludmg but not limited to the congregation of mlllors, Violence, public
drunkenness, vandalism, soliCItation and/or htter
16 ThiS Conditional Use Permit shall become null and VOId unless exercised wlthm 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 fOl extension submitted to the
Department of Development ServIces a mlmmum ofmnety (90) days pnor to such
expIration date
17 All alcoholic beverages sold m conjunction With the on-prelTIlSe licensed establishment
must be consumed entirely on the premises pnor to closmg time, and none shall be
sold as take-out
P,lge4
95-. Resolution - Renewal- 1013 PCH
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Planmllg ('OIll""S~lOn Re,jolullOIl No 96-28
June 5. /996
18 Consumption of alcoholic beverages shall be prohibited In the establishment's parking
area There shall be appropnate posting of signs both inside and outside the licensed
preInlses indicating that dnnkmg outside the licensed premIses IS prohibited by law
19 Conditional Use Permit #95-1 shall be automatically terminated If the operation IS no
longer mamtamed as a "bona fide public eating place" as defined by the Califorma
Department of Alcoholic Beverage Control
The establishment must serve a complete menu of food until thirty (30) minutes pnor
to closing tIme
20 There shall be no live entertainment, amplified mUSIC, or dancing permitted on the
premises at any time, unless speCifically authonzed by a conditional use penmt Issued
by the City and unless such uses are consistent with the license conditions Imposed by
the State of Cali forma Department of Alcoholic Beverage Control
21 The proposed faclhty shall comply with Chapter 130, "NOise Control", of the Code of
the CltV 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 faCility, the
Planmng Commission reserves the nght to schedule the subject penmt for
reconSIderation and may require the applicant/operator to mitigate the nOise level to
comply with the provIsions of Chapter 130
22 The knowledge and skills deemed necessary for responsible alcoholic beverage service
as set forth In Condition No 13, shall Include for on-premise licensed locatIOns, but
not be limited to the follOWing additional tOpiCS and skills development
a) Methods to appropnately pace customer dl inking to reduce the nsk that
the customer Will not leave the plemlses m an mtoxlcated manner
b) Knowledge ofmlxology, mcludlng marketable alternatives to alcohohc
beverages
PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal
Beach at a meetmg thereof held on the 5th day of June, 1996 by the follOWing vote
AYES Commissioners
Brown, Dahlman, Hood, Law, Sharp
NOES Commissioners
ABSTAIN CommISSIOners
bl~
Planmng CommiSSion
e Whittenberg, Secretary
Planmng CommiSSion
Pagc 5
95-1 Rcsolutlon - Rcncwal- 1013 PCH