HomeMy WebLinkAboutPC Res 98-17 - 1998-06-03
RESOLUTION NUMBER 98-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 98-10, ALLOWING A MODIFICATION TO THE
CONDITIONS OF APPROVAL ON AN EXISTING
LAND USE ENTITLEMENT TO ALLOW AN
OUTDOOR DINING AREA AT AN EXISTING
RESTAURANT AT 16281 PACIFIC COAST
HIGHWAY (TACO SURF)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On April 16, 1998 Liam Dee, on behalf of Taco Surf restaurant
submitted an application for CUP 98-10 with the Department of Development Services
Specifically, the applicant is proposing to amend the hours of operation for an existing land use
entitlement for a restaurant at 16281 Pacific Coast Highway (Taco Surf, former site of Noel's
Seafood) Specifically, the applicants are proposing to change the hours of operation from the
current hours of 11.00 AM to 11.00 PM daily to 11:00 AM to 11 :00 PM Sunday through
Wednesday and 11 :00 AM to 2'00 AM Thursday through Saturday. Additionally, the applicants
are proposing to convert a portion of the restaurant to an outdoor patio
Section 2 Pursuant to 14 Calif Code of Regs 0 15305 and 0 n B of the
City's Local CEQA Guidelines, staff has determined as follows. The application for CUP 98-10
is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif Code of Regs. 0 15301 (Minor Alterations in Land Use Limitations),
because the proposal involves a negligible expansion of an existing use, pursuant to 0 15305
(Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in
land use limitation and does not involve either a property in excess of 20"/0 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 possibility that the approval may have a significant effect on the environment
Section 3. A duly noticed public hearing was held before the Planning
Commission on May 20, and June 3, 1998, to consider the application for CUP 98-10 At the
public hearing the applicant spoke in favor of the request, with persons appearing both in favor
of and in opposition to the request
Section 4.
The record of the hearing of May 20 and June 3, 1998 indicates the
following:
(a) On April 16, 1998 Liam Dee, on behalf of Taco Surf restaurant submitted an
application for CUP 98-10 with the Department of Development Services
(b) Specifically, the applicant is proposing to amend the hours of operation for an
existing land use entitlement for a restaurant at 16281 Pacific Coast Highway (Taco Surf, former
site of Noel's Seafood) Specifically, the applicants are proposing to change the hours of
operation from the current hours of 11 :00 AM to 11'00 PM daily to 11.00 AM to 11'00 PM
Sunday through Wednesday and 11:00 AM to 2:00 AM Thursday through Saturday.
Additionally, the applicants are proposing to convert a portion of the restaurant to an outdoor
patio
(c) The subject property is located on the southwesterly side of Pacific Coast
Highway in Surfside, approximately 175 feet westerly of the intersection of Pacific Coast
Highway and Anderson Street.
(d) The subject property is legally described as Orange County Assessor's parcel
number 178-502-42
C lMy D_IRESOICUP 98.10 doclLW\06-Oll-98
Condlhonal U.e Pemllt 98-10
PlannIng Comnll....,on Re.oIution No 98-17
June 3. 1998
(e) The subject property contains a restaurant which is in the process of being
refurbished and remodeled. Previous to the present owners, Noels restaurant had operated on the
site for over 38 years with no history of extraordinary demand for law enforcement services
regarding the restaurant or sales of alcoholic beverages on the property. (Note The City has no
records as to the actual construction date of the structure However, the restaurant was in
operation in 1968 when the Surfside Colony was annexed into the City of Seal Beach.
(t) The proposed restaurant is a full service restaurant serving Mexican cuisine The
restaurant will sell an assortment of non-alcoholic beverages as well as beer, wine and distilled
spirits.
(g) The Planning Commission has granted the following approvals for the property
c CUP 91-8 - On-Sale General Liquor
c CUP 91-16 - Entertainment Cafe for no more than 5 Polynesian entertainers
c CUP 2-81 - On-Sale Alcoholic Beverages
(h) The subject property is legally nonconforming due to inadequate parking and a
residential unit above. The property was nine (9) spaces deficient when CUP 91-8 was
approved. Through the proposed remodeling the applicants are providing an additional parking
space, as well as striping the lot to provide the required handicapped parking spaces.
(i) The surrounding land uses and zoning are as follows:
NORTH Across Pacific Coast Highway is a mixture of commercial
uses located in the City of Huntington Beach
SOUTH Single-family dwellings located within the Surfside
Colony in the Residential Low Density zone, (RLD)
EAST A used automobile dealership in the General Commercial
zone, (C-2).
WEST Pacific Coast Highway
G) The subject restaurant has been closed since around May I, 1997 (Exact date
business closed after it was seized by the State is unknown) On approximately August 13, 1997
the property was purchased by the current owners On September la, 1997, plans were
submitted to the City to remodel the restaurant and bring it up to building, health and
handicapped requirements. The period between the closing of Noels and plan check submittal in
September did not exceed the one-year closed period necessary to void the existing use permits
(k) The applicants remodel includes two handicapped accessible restrooms It did not
result in additional area to the restaurant
(1) Chief of Police Mike Sellers has indicated he has concerns regarding the
requested extension of operating hours, and the utilization of the outdoor dining area
Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to 0028-1400,28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 98-10 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 permits restaurants serving alcoholic beverages subject to the issuance of a
conditional use permit The use is also consistent with the remaining elements of the General
Plan, as the policies of those elements are consistent with, and reflected in, the Land Use
Element. Accordingly, the proposed use, as conditioned, is consistent with the General Plan
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CUP 98-10 doc
CondItIonal Use PermIt 98-/0
PlannIng CommIssIon Resolution No 98-/7
June3. 1998
(b) The style, height and bulk of the remodeled existing structure are consistent with
surrounding residential and commercial uses
(c) The proposed extension of operating hours until 2.00 AM on Thursday, Friday
and Saturday nights is not appropriate for this portion of Pacific Coast Highway, where
residential uses are immediately adjacent to the subject property within the community of
Surfside.
(d) The building and property at 16821 Pacific Coast Highway are adequate in size,
shape, topography, and location to meet the needs of the proposed outdoor dining area, as the
existing building provides a buffer between the outdoor dining area and the adjacent residential
area. In addition, the proposed conditions of approval regarding the outdoor dining area are
sufficient to protect the residential uses within Surfside from adverse noise impacts
(e) Required adherence to applicable building and fire codes will ensure there will be
adequate water supply and utilities for the proposed use.
Section 6 Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 98-10, subject to the following conditions
1. CUP # 98-10 is approved for the addition ofapproximately 681 square feet of exterior
patio area at 16281 Pacific Coast Highway, Seal Beach
2 The applicant shall comply with all restrictions placed on the license issued by the State
of California's Department of Alcoholic Beverage Control (ABC) This shall be done as
soon as the license is received by the applicant from ABC.
3. All alcoholic beverages sold in conjunction with the on-premise-Iicensed estabhshment
must be consumed entirely on the premises prior to closing time. None shall be sold as
take-out. Consumption of alcoholic beverages is prohibited in the establishment's
parking area. There shall be posting of signs both inside and outside the licensed
premises indicating that law prohibits drinking outside the licensed premises.
4 It shall be the responsibility of the applicant/licensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skill enabling them to comply with
their responsibilities under State of California 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 law relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence,
hours oflega! operation and penalties for violation of these laws
b. The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, 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 of dealing with intoxicated customers and recognizing under age
customers.
The following organizations provide training programs, which comply with the above
criteria:
a.
Provider;
Program:
Telephone:
Date:
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1- Monday of each month
3
CUP98-IO doc
Cond",onaJ Uu Perm,t 98-10
Plann,ng Commw'at1 R""oluhOll No 98-17
June 3. 1998
Time:
Cost:
Place:
10:00 a.m. to 1:30 p m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
b.
Provider:
Oranl!e County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 · Karen Keay
They will schedule appointments
$12.95 per person
Program:
Telephone:
Date:
Cost:
5 The hours of operation shall be'
11'00 A.M. to 11'00 P.M., Daily
6 No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use
7. 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.
8. The applicant will prominently display these Conditions of Approval in a location within
the businesses' customer area that is acceptable to the Director of Development Services
9 The establishment shall have a public telephone listing.
10. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment Operators of such establishments shall remove trash and debris on an
appropriate basis so as not to cause health problems There shall be no dumping of trash
and/or glass bottles outside the establishment between the hours of 10'00 P m and 7 00
am
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 Code of the City of Seal Beach, to
require the provisions of additional security measures.
12. CUP #98-10 shall be automatically terminated if the operation is no longer maintained as
a "bona fide public eating place" as defined by the ABC
13 The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
14. There shall be no live entertainment, amplified music, or dancing permitted on the
prenUses at any time, unless specifically authorized by a CUP issued by the City and
unless such uses are consistent with the license conditions imposed by ABC or a Special
Activities pennit is issued to the applicant by the City Manager of the City of Seal Beach
15 The establishment shall comply with Chapter 13D, "Noise Control", of The Code ofthe
Citv of Seal Beach as the regulations of that Chapter now exist or n'1ay hereafter be
amended. Should complaints be received regarding noise generated by the establishment,
the Planning Commission reserves the right to schedule the subject CUP for
reconsideration and may require the applicant/operator to mitigate the noise level to
comply with the provisions of Chapter 13D
16. This CUP shall not become effective for any purpose unless/until a City "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) calendar-day appeal period has elapsed.
4
CUP 98-10 doc
Contl,lIanal Use P."",t 98-10
Plannmg Conumss'OII R.solution No 98-17
Jund, 1998
17. A modification of this CUP shall be applied for when:
lJ The establishment proposes to change its type of liquor license
lJ The establishment proposes to modifY any of its current Conditions of Approval
lJ There is a substantial change in the mode or character of operations of the
establishment.
18. The Planning Commission reserves the right to revoke or modify this CUP 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 litter
19. Whenever the outdoor dining area is being utilized for the sale, service or consumption of
alcoholic beverages, a premise employee shall be in attendance He/she must maintain
continuous supervision at all times to ensure the outdoor dining area does not create a
public nuisance contrary to public welfare and morals
20. All alcoholic beverages served in the outdoor dining area must be served in glass
containers; none may served in bottles
21. The outdoor dining area shall be completely surrounded by a minimum 36" high
fence/enclosure. In addition, this area shall be capable of being completely enclosed by
double-paned sliding glass doors, and said area shall be completely closed by 8 00 PM
each night. No patrons shall be permitted on the outdoor patio for any purpose after 8 00
PM No ingress/egress shall be permitted to/from the outdoor dining area, except through
the interior of the restaurant (an alarmed emergency gate is acceptable to the exterior of
the building).
22. The applicant shall continue to pay a parking impact mitigation fee in the amount of $100
per space per year for the nine (9) deficient parking spaces The first year's payment
shall be made prior to the issuance of a Certificate of Occupancy.
23. This CUP shall become null and void unless exercised within 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.
24. The term of this permit shall be three (3) months, beginning the first day of operation of
the new restaurant. At the end of the initial term, the applicant may apply to the City for
a twelve (12) month extension, and finally, an indefinite extension. The Planning
Commission may grant an extension as discussed above, 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 any extensions.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 3n1 day of June _ 1998, by the
following vote.
AYES. Commissioners
Hood, Larson, Law, and Chairman Brown
NOES: Commissioners
None
ABSENT. Commissioners None
5
CUP 98-10 doc
da~
Secretary of the Planning CommissIOn
CUP 98-10 doc
CondJlJonal U.. P'I'1n11 98-10
Planning Comm''''OII R..oIution No 98-17
Jund. 1998
~'p-Ir
Chairman of the Planning Commission
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