HomeMy WebLinkAboutPC Res 97-05 - 1997-02-19
RESOLUTION No. 97-.5:...
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH,
APPROVING CONDIDONAL USE PERMIT 97-1,
AN ALCOHOL-RELATED LAND USE ENTITLEMENT
FOR THE SERVICE OF BEER AND WINE AT
12147 SEAL BEACH BOULEVARD, SEAL BEACH, CA
[YUCATAN GRILL]
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1.
Section 2.
Section 3.
Section 4.
On January 15, 1997, Felix Tulay representing the Four Amigos,
submitted an application for Conditional Use Permit (CUP) 97-1.
This requested approval for an alcohol-related land use entitlement
for the on-sale service of beer and wine at 12147 Seal Beach
Boulevard, Seal Beach, CA. [Yucatan GriIl].
Pursuant to 14 California Code of Regulations, ~I5025(a) and ~II.B
of the City's Local CEQA Guidelines, staff has determined as
foIlows: CUP 97-1 is categorically exempt from reView, pursuant to
the California Environmental Quality Act pursuant to 14 Calif. Code
of Regs. ~15301 (Existing Uses), because it 1Ovolves the negligible
expansion of an existing use, and pursuant to ~I5061(b)(3), because
it can be seen with certainty that there is no posSlblhty that the
approval may have a significant effect on the environment.
A duly noticed Public Hearing was held before the Planning
Commission on February 19, 1997, to consider the application for
CUP 97-1.
The record of the Public Hearing on February 19, 1997 10dicates the
foIlowing:
(1) The subject property is located at 12147 Seal Beach
Boulevard, Seal Beach, CA. The site is zoned General
Commercial (C-2). The restaurant has a total of 1655 square
feet, which includes a 594 square foot exterior patio,
(2) The subject property is a rectangular parcel with
approximately 45 feet fronting on Seal Beach Boulevard. It
is comprised of approximately 6,750 square feet. It is
located approximately 338 feet from the centerline of
Bradbury Road in the Rossmoor Business Center in the
northeast comer.
(3) The surrounding land uses are:
NORTH & SOUTH A mixture of commercial uses within
the Rossmoor Business Center.
EAST Across Seal Beach Boulevard are
single-family dwellings located in the
City of Los Alamitos.
WEST Multi-family dwellings, located in
the CIty of Los Alamitos.
Paac j
Resolullon No 97-~
COlKhboDllJ UIe Pennlt 97-1
(4) On September 20, 1991 the State Department of Alcoholic
Beverage Control confirmed the surrender of a #41 On-Sale
Beer and Wine - Eating Place license by Corwin Bales;
liquor sales ceased at 12147 Seal Beach Boulevard.
(5) Chief of Police William Stearns has reviewed the Police
Department records and has no concerns on approving CUP
97-1.
Section s.
Based on the facts contained in the record, including those state in Section 4
of this resolution, and pursuant to ~ ~~ 28-2503 and 28-2504, the
Planning Commission hereby finds:
1. CUP #97-1 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.
The use is also consistent with the remaining elements of the
City General Plan as the policies of those elements are
consistent with, and reflected in, the Land Use Element.
Accordingly, the proposed use is consistent with the General
Plan.
2. The building and property at 12147 Seal Beach Boulevard
are adequate in size, shape, topography and locabon to meet
the needs of the proposed use of the property.
3. Required adherence to applicable building and fire codes
ensure there will be adequate water supply and utihties for
the proposed use.
4. The on-sale service of beer and wine is compatible with the
character of the subject area. Adherence to Conditions of
Approval placed on the use by both the City of Seal Beach
and the Department of Alcoholic Beverage Control (ABC)
should mitigate any negative impacts to neighbonng
residential and commercial properties.
5. The Seal Beach Police Department has reviewed the existing
records and has no reservations regarding the approval 0 the
Conditional Use Permit for a new ABC license.
Based on the foregoing, Conditional Use Permit #971, is approved for the
on-sale service of beer and through the adoption of Resolution No. 97_,
subJect to the following Conditions of Approval:
1. CUP # 97-1 is approved for an alcohol-related land use at 12147 Seal Beach Boulevard.
CUP 97-1 permits the sale of beer and wine for on-premise consumption.
Section 6
2. The applicant shall comply with all restricbons placed on the license issued by the State of
California Department of Alcoholic Beverage Department.
3. The applicant shall furnish the City a copy of hiS ABC license and a copy of the 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 from the State of California
Department of Alcoholic Beverage Control.
4. It shall be the responsibility of the applicant/licensee to provide all employees that sell or
....~
Remlutron No 97-.!l2...
ConlhbooaJ Vie Ptnnlt 97-1
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 include, but not be limited to the following topics and skills development:
a) State laws relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, dnvmg
under the influence, hours of legal operations and penalties for violations
of these laws.
b) The potential legal habilities of owners and employees of businesses
dispensing alcoholic 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 recognizing
underage customers.
The following organizations have been identified by the State Department of Alcohohc
Beverage Control as providing training programs which comply with the above criteria:
1) Department of Alcohohc Beverage Control L.E.A.D. Program
Telephone: (714) 558-6482
2) Orange County A.D.E.P.T. Program, for referral to either the
B.A. D.O. or T.l.P.S. Program.
Telephone: (714) 568-4187
5. The knowledge and skills deemed necessary for responsible alcohohc beverage service, as
set forth in Condition No.4, shall include for on-premise licensed locations, but not be
limited to the following additional topics and skills development:
a) Methods to appropriately pace customer drinking to reduce the risk that
the customer will not leave the premises in an intoxicated manner.
b) Knowledge of mixology, including marketable alternatives to
alcoholic beverages.
6. All alcoholic beverages sold in conjunction with the on-premise licensed establishment
must be consumed entirely on the premises prior to closing time, and none shall be sold as
take-out.
7. Consumption of alcoholic beverages shall be prohibited in the establishment's parking area.
There shall be appropriate posting of signs both inside and outSide the licensed premises
indicating that drinking outside the licensed premises is prohibited by law.
8. Whenever the outdoor dining area is being utilized for the sale, service or consumption of
alcoholic beverages, a premise employee shall be in attendance and mainta.m continuous
supervision at all times to ensure the outdoor dining area does not create a public nuisance
contrary to public welfare and morals.
9. All alcoholic beverages served in the outdoor dining area must be served in glass
containers.
Pas03
Rc801uboD No 97-~
Condlbcmal UIe PermIt 97-1
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 include, but not be limited to the following topics and skills 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 of legal operations and penalties for violations
of these laws.
b) The potentiallegalliabilittes of owners and employees of busmesses
dispensing alcoholic 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, incIudmg the
operation of motor vehicles.
d) Methods for dealing With intoxicated customers and recognizing
underage customers.
The following organizations have been identified by the State Department of Alcoholic
Beverage Control as providing training programs which comply with the above criteria:
1) Department of Alcoholic Beverage Control L.B.A.D. Program
Telephone: (714) 558-6482
2) Orange County A.D.E.P.T. Program, for referral to either the
B.A. D.O. or T.I.P.S. Program.
Telephone: (714) 568-4187
5. The knowledge and skills deemed necessary for responsible alcoholic beverage service, as
set forth in Condition No.4, 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 drinking to reduce the risk that
the customer will not leave the premises in an intoxicated manner.
b) Knowledge of mixology, including marketable alternatives to
alcoholic beverages.
6. All alcoholic beverages sold in conjunction With the on-premise licensed establishment
must be consumed entirely on the premises prior to closing time, and none shall be sold as
take-out.
7. Consumption of alcoholic beverages shall be prohibited in the establishment's parking area.
There shall be appropriate posting of signs both inside and outside the licensed premises
indicating that drinking outside the licensed premises is prohibited by law.
8. Whenever the outdoor dining area is being utilized for the sale, servIce or consumption of
alcoholic beverages, a premise employee shall be in attendance and maintain continuous
supervision at all times to ensure the outdoor dining area does not create a public nuisance
contrary to public welfare and morals.
9. All alcoholic beverages served in the outdoor dining area must be served 10 glass
containers.
r.". 4
Relroluuoa No 97.~
Condlboual UBC Penmt 91-1
10. The hours of operation shall be 10:00 A.M. to 11:00 P.M. daily.
11. No video games or similar amusements shall be permitted on the premises Without the
approval of a separate Conditional Use Permit.
12. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
13. Exterior lighting in the parking area shall be kept at a level so as to provide adequate
lighting for patrons while not unreasonably disturbmg surrounding residential or
commercial areas.
14. The applicant will prominently display these Conditions of Approval in a location withm
the business's customer area that is acceptable to the Director of Development Services.
15. The establishment shall have a public telephone listing.
16. Litter and trash receptacles shall be located at convenient locations inSide and outside the
establishment, and operators of such establishments shall remove trash and debris on an
appropriate basis so as not to cause a health problem. There shaH be no dumping of trash
and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00
a.m.
17. In the event staff determines that security problems exist on the site, the conditions of this
permit may be amended, under the procedures of the Seal Beach Municipal Code, to
require the provision of additional security measures.
18. Conditional Use Permit #97-1 shall be automatically terminated if the operation is no
longer maintained as a "bona fide public eating place" as defined by the California
Department of Alcoholic Beverage Control.
19. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
20. There shall be no live entertainment, amplified music, or dancing permItted on the
premises at any time, unless specifically authorized by a conditional use permit issued by
the City and unless such uses are consistent with the license conditions imposed by the
State of California Department of Alcoholic Beverage Control.
21. The proposed facility 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 complaints be received regarding noises generated by the facility,
the Planning Commission reserves the right to schedule the subject permit for
reconsideration and may require the applicant/operator to mitigate the nOIse level to
comply with the provisions of Chapter 130.
22, An outdoor dining areas shan be surrounded by an enclosure of a deSIgn and height
satisfactory to the Planning Commission.
23. Any canopy constructed over an outdoor dining area shan comply with all requirements of
the Building Department and Fire Department.
24. The applicant will install twelve inch (12") planter boxes on the exterior patio wan and
keep them planted with live plant materials at all times.
25. 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 notarized and returned to the Planning Department;
and until the ten (10) day appeal period has elapsed.
Pale S
Rc:llolution No 91~
COOOIOOnal UIe Pc:mut 97~1
26. A modification of this Conditional Use Permit shall be obtained when:
(a) The establishment proposes to change its type of liquor 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
establishment.
27. The Planning Commission reserves the right to revoke or modify 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 criminal or anti-social
behavior, including but not limited to the congregation of minors, violence, public
drunkenness, vandalism, solicitation and/or htter.
28. This Conditional Use Permit shall become null and void unless exercised wlthin one (1)
year of the date of final approval, or such extension of time as may be granted by the
Planning Commission pursuant to a written request for extension submitted to the
Department of Development Services a minimum of ninety (90) days prior to such
expiration date.
29. The term of this permit shall be six (6) months. At the end of the initial term, the
applicant may apply for an extension of CUP #97-1. The Commission may grant an
indefinite extension provided that all Conditions of Approval have been met and no
significant police or other problems have occurred. The applicant is hereby advised that a
new application and accompanying fee must be submitted to the City prior to consideration
of an indefinite permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the Clty of Seal Beach
at a meeting thereof, held on the 19th day of February, 1997 by the following vote:
NOES:
Commissioner(s)
BI2DcJ,J ,
f
HOOD.
YD'2> T sflM-f. tlf"tJ
J '
AYES:
Commissioner(s)
ABSTAIN: Commissioner(s)
ABSENT: Commissioner(s)
~MY1!r
Chairman
Planning Commission
Whittenberg
Secretary
Planning Commission