HomeMy WebLinkAboutPC Res 97-40 - 1997-11-05
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RESOLUTION NUMBER 97-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO 96-2,
PERMITTING AN INDEFINITE EXTENSION OF A LAND USE
ENTITLEMENT FOR AN ALCOHOL-RELATED LAND USE AT
AN EXISTING RESTAURANT LOCATED AT 12241 SEAL BEACH
BOULEVARD, SEAL BEACH (pARASOL RESTAURANT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOL VB
SectIon I On October 22, 1997, Roy Hall (the "Applicant") filed an
application WIth the Department of Development SeTVIces for an mdefimte extensIOn of
CondItional Use PeTffilt 96-2 CUP 96-2 amended a previous use permit (CUP 13-87) for on-sale
beer and wme to allow the seTVIce of beer and wine wlthm a new outdoor dmmg area
Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the
CIty'S Local CEQA Guidelines, staff has determmed as follows The application for CUP No 96-
2 IS categoncally exempt from reVIew pursuant to the Cahfonua EnVironmental Quality Act
pursuant to 14 Calif Code of Regs ~ 15301 (Exlstmg Uses), because It mvolves the negligible
expansion of an existmg use, and pursuant to ~ l5061(b)(3), because It can be seen WIth certamty
that there is no pOSSIbilIty that the approval may have a slgmficant effect on the enVIronment
SectIon 3 A duly noticed public heaTing was held before the Planmng
Commission on November 5, 1997 to conSider an mdefimte extension of CUP No 96-2 At the
public heanng the applicant spoke m favor of the request With no one speakmg m opposItion
Section 4
The record of the heaTing on November 5, 1997 mdlcates the
follOWIng
(a) On October 20, 1997, Roy Hall (the "Applicant") filed an
applicatIon WIth the Department of Development Services for an mdefimte extensIOn of
Conditional Use Permit 96-2
(b) CUP 96-2 amended a preVIous use permit (CUP 13-87) for on-sale
beer and wme to allow the seTVIce of beer and wine wlthm a new outdoor dmmg area
(c) The subject restaurant IS located Wlthm the Rossmoor Busmess
Center
(d) The surrounding land uses and zoning are as follows
NORTH, SOUTH
& EAST A ffilX of commercial uses m the General CommercIal zone (C-2)
WEST Multl-faffilly reSidential uses m 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 permitted the sale
of beer and WIne for on-premises consumption, WIth condition #9 requITIng all alcoholic beverages
be served by hand Wltlun the premises
(t) The Planmng Commission conSidered and approved a modIfication to
CUP 13-87 ItS November 6, 1996 meetmg The modification permitted through CUP 96-2
allowed alcoholic beverage service wlthm a new enclosed patIO area The Commission's action
was through the adoption of Resolution No 96-38 subject to twenty-eight (28) conditions,
condItion #27 of whIch established a twelve (12) month reVIew peTlod
(g) The Planmng Commission ongmally approved alcohol sales on the
property in 1980 through CUP 12-80
o W1y DocumentsICondillonal Use Penmts\96-2 Resolution - Renewal doc
Planmng ComnllsolOn ResolutIOn No 97-40
November 5. 1997
(h) CIty has receIved no comments, written or other, 10 response to the
maded/pubhshed notices of the hearing on CUP 96-2
Secl10n 5 Based upon the facts contamed 10 the record, mcludmg those stated 10
A 4 oftms resolution, and pursuant to ~~ 28-2503 and 28-2504 of the CIty'S Code, the Planmng
COmmIssIon hereby finds as fol1ows
(a) Staffmspected the restaurant on October 23, 1997, and found the It
in comphance with al1 conditions of approval of CUP 96-2
(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 perrmts the on-sale seTVIce of alcohohc beverages subject to the Issuance of a
ConditIOnal Use Perrmt 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 10, the Land Use
Element Accordmgly, the proposed use IS consistent With the General Plan
(c) The bUIld 109 and property at 12241 Seal Beach Boulevard are
adequate 10 SIZe, shape, topography and 10cal1on to meet the needs of the proposed use of the
property ReqUired adherence to apphcable bulldmg and fire codes ensure there WlI1 be adequate
water supply and utlhtles for the proposed use
(d) The restaurant has sold alcohohc beverages for on-premIses
consumpl1on for apprOlomately 15 years with no history of extraordmary demands for pohce
services or of nUIsance complamts from nelghbonng reSidents regardmg the sale and seTVIce of
alcohohc beverages
SectIon 6 Based upon the foregomg, the Planmng CommISSIon hereby
approves an mdefimte extension ofCondll1onal Use Perrmt 96-2, subject to the fol1owmg
conditions
1 CUP # 96-2 IS approved for an alcohol related land use at 12241 Seal Beach (The Parasol
restaurant) The permItted use al10ws the sale of beer and WIne for on-preffilses
consumptIon
2 The apphcant shal1 comply WIth al1 restnctlons placed upon the hcense Issued by the State
of CalIfornia Department of Alcohohc Beverage Control
3 The applicant shal1 furnish the City a copy of his ABC hcense and a copy ofany condItions
placed on the hcense by the Department of Alcohohc Beverage Control ThiS shal1 be
done as soon as the hcense is received by the apphcant from the State ofCahforma
Department of Alcoholic Beverage Control
4 The hours of operation shall be
Dady 600am to 100am
5 No VIdeo games or Similar amusements shal1 be permItted on the premIses
6 No lighted SignS advertlsmg alcohohc beverages shall be placed 10 the WIndow areas, nor
shal1 any other signs advertlsmg specIfic brands of alcohohc beverages be permItted 10 the
wmdow areas Intenor dIsplays of alcohohc beverages which are clearly VISible to the
extenor shall constitute a VIolatIon of thiS condition
7 The apphcant wdl prominently dIsplay these condItions of approval 10 a 10cal1on wlthm the
busmess's customer area that IS acceptable to the Director of Development SeTVIces
8 A modIficatIon of this Condll1onal Use PermIt shal1 be obtamed when
(a) The estabhshment proposes to change ItS type ofhquor hcense
(b) The estabhshment proposes to modifY any of It'S current conditions of approval
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Plannmg CommISSIOn ResolutIon No 97-40
November 5, 1997
( c) There IS a substantial change 10 the mode or character of operations of the
estabhshment
9 The Planmng COffiffilsslon reserves the nght to revoke or modifY this ConditIonal Use
PeTffilt If any VIolation of the approved conditIons occurs, any VIolatIOn of the Code of the
CltV of Seal Beach, occurs, or for those reasons specified by ArtIcle 28, and m the manner
specified m Article 25, of Chapter 28 of the Code of the CltV of Seal Beach
10 Extenor hghtmg m the parkmg area shall be kept at a level so as to proVide adequate
hghtmg for patrons wlule not unreasonably dlsturbmg surroundmg residentIal or
commercIal areas
11 In the event staff detenmnes that secunty problems eXIst on the SIte, the conditions of tlus
permit may be amended, under the procedures of the Seal Beach MumclDal Code, to
requIre the prOVISion of additional secunty measures
12 The estabhshment shall have a pubhc telephone hstmg
13 It shall be the responslblhty of the apphcantlhcensee to prOVide all employees that sell or
serve alcohohc beverages WIth the knowledge and slalls that wlll enable them to comply
With theIr responslblhtles under State law
The knowledge and skIlls deemed necessary for responsIble alcohohc beverage seTVIce
shall mclude, but not be hmlted to the follOWIng tOpICS and sk1l1s development
a) State laws relatmg to alcohohc beverages, particularly ABC and penal prOVIsIons
concernmg sales to ffilnors and mtoxlcated persons, dnvmg under the mfluence,
hours oflegal operatIons and penalties for Violations of these laws
b) The potentIal legal habllltles of owners and employees of bus messes
dlspensmg alcohohc beverages to patrons who may subsequently mJure,
Iall, 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
operation of motor vehicles
d) Methods for dealmg WIth mtoxlcated customers and recogmzmg underage
customers
14 The followmg organizations have been Identified by the State Department of Alcohohc
Beverage Control as provldmg trammg programs which comply With the above cntena
I) Department of Alcohohc Beverage Control LEA D Program
Telephone (916) 263-6875
2) Cal Coordinating CounCil on Responsible Beverage SeTVIce
Telephone (714) 834-3168
15 LItter and trash receptacles shall be located at convement locations mSlde and outSide the
estabhshment, and the operator of the estabhshment 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 estabhshment between the ours of 10 00 P M and 7 00
AM
16 Tins Conditional Use Penmt shall become null and VOId unless exercIsed W1tlnn one (1) year of
the date of final approval, or such extension of time as may be granted by the Planning
COffiffilSSlon pursuant to a wntten request for extension subffiltted to the Department of
Development SerVIces a nummum ofmnety (90) days pnor to such expiration date
17 All alcohohc beverages sold in conjunction WIth the on-premise hcensed estabhshment must be
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Planmng CommISSIOn ResolutIOn No 97-40
November 5. 1997
consumed entirely on the premises, and none shall be sold as take-out
18 Conditional Use Pennlt #92-21 shall be automabcally terlD1nated If the operabon IS no longer
m8mt8med as a "bona fide pubbc eatmg place" as defined by the CalifornIa Department of
Alcohobc Beverage Control
The estabbshment must have aV81lablbty for ordenng food untll thrrty (30) mUJutes pnor to
closing time
19 There shall be no bve entertaInment, amphfied muSIC, and/or dancmg perlD1tted on the prennses
at any bOle, unless specdically authonzed under the conditiOns of approval of the Conditional
Use PerID1t and by the State of Call forma Department of Alcohohc Beverage Control
20 The proposed faclllty shall comply With Chapter 130, "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 facahty, the Planmng
Comrmsslon reserves the nght to schedule the subject permIt for reconslderabon and may
requITe the appbcantloperator to ffiltlgate the nOise level to comply With the proVISIOns of
Chapter 130
21 Consumption of alcohobc beverages shall be prolublted m the estabhshment's parkmg area
There shall be appropriate postmg of SignS both lDSIde and outSide the bcensed prermses
mdlcatmg that dnnkmg outSide the licensed premJses IS prohibited by law
22 Whenever the outdoor damng area IS bemg utlllzed for the sale, seTVIce or consumption of
alcohobc beverages, a premise employee shall be m attendance and mamtam contmuous
supervISion at all tunes to ensure the outdoor damng area does not create a public nUIsance
contrary to pubbc welfare and morals
23 All alcoholic beverages served m the outdoor damng area must be served m glass contamers
24 All outdoor dlDlDg areas shall be surrounded by an enclosure of a deSIgn and height satiSfactOry
to the Plannmg ComrmsslOn The present enclosure, If adequately mamtamed, shall satiSfY tlus
condlbon
25 Tlus CondItional Use Permit shall not become effective for any purpose unless an
"Acceptance of CondItions" form has been SIgned by the appbcant m 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
26 The exterior gate to the outdoor dmmg area shall be locked at all tImes except when muse
as an emergency or handicapped exit The gate shall be fitted With pamc 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 meetmg thereof held on the 5th day of November, 1997 by the followmg vote
AYES CommiSSIOners
Brown, Hood, Larson, Law, Yost
NOES CommiSSIOners
ABSENT Commissioners
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ee Wluttenberg, secretary?
Planmng Commission
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Plannmg Com""~Mon ResolutIOn No 97-40
November 5. J 997