HomeMy WebLinkAboutPC Res 98-12 - 1998-05-06
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RESOLUTION NUMBER 98-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROYING CUP NO. 98-6, ALLOWING
THE ADDITION OF NEW PERIMETER FENCES AT THE FRONT
AND REAR OF AN EXISTING RESTAURANT AT 12147 SEAL
BEACH BOULEVARD, SEAL BEACH, TO ALLOW FOR
ADDmONAL SEATING CAPACITY
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On March 4, 1998 Charles Robinson for 4 Amigos (A California
Corp.) submitted an application for CUP 98-6 with the Department of Development Services
Specifically, the applicant is proposing to amend the conditions of approval of an existing land use
entitlement for an alcohol-related land use at 12147 Seal Beach Boulevard, Seal Beach (Yucatan
Grill). Specifically, the restaurant, which is permitted to sell beer and wine for on-premises
consumption, is seeking to add new perimeter fences at the front and rear of the restaurant The
proposed fences will allow for additional seating capacity.
Section 2. Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the
City's Local CEQA Guidelines, staff has determined as follows. The application for CUP 98-6 IS
categorically exempt from review pursuant to the California Environmental Quality Act pursuant
to 14 Calif Code of Regs. ~ 15301 (Existing Uses), because it involves the negligible expansion
of an existing use; pursuant to ~ 15305 (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"1o 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 April 22, 1998 to consider the application for CUP No 98-6. At the public
hearing the applicant spoke in favor of the request with no one speaking in opposition
Section 4.
The record of the hearing on April 22, 1998 indicates the following'
(a) On March 4, 1998 Charles Robinson for 4 Amigos (A California
Corp) submitted an application for CUP 98-6 with the Department of Development Services
(b) Specifically, the applicant is proposing to amend the conditions of
approval of an existing land use entitlement for an alcohol-related land use at 12147 Seal Beach
Boulevard, Seal Beach (Yucatan Grill) Specifically, the restaurant, which is permitted to sell
beer and wine for on-premises consumption, is seeking to add new perimeter fences at the front
and rear of the restaurant. The proposed fences will allow for additional seating capacity
(c) The subject property is located within the Rossmoor Business
Center, the City's largest commercial shopping center
(d) The subject property is legally described as Orange County
Assessor's parcel number 086-492-32, and is located on the westerly side of Seal Beach
Boulevard approximately 330 feet south of the center of the intersection of Seal Beach Boulevard
and Bradbury Road.
(e) The subject property contains an existing restaurant which existed
for over 20 years with no history of extraordinary demand for law enforcement services regarding
the restaurant or sales of alcoholic beverages on the property.
(f) The restaurant is a full service restaurant serving Central American
cuisine. The restaurant sells an assortment of non-alcoholic beverages as well as beer and wine
(g) On July 9, 1997 the Planning Commission approved an amendment
OWly DocumenlslCondoban8l Use P8III1Ils198-6 ResoIubon doc
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Plannmg CommISSIon ResolutIon No 98-12
May6,1998
to CUP 97-1 which permits the sale of beer and wine for on-premises consumption. Through this
amendment the Commission allowed the construction of a 681 square foot enclosed patio on the
north side of the property In conjunction with this request the applicant proposed and the
Commission approved the construction ofan 8' x 8' x 16' unisex, handicapped bathroom and 110
square foot storage building.
(h)
The surrounding land uses and zoning are as follows'
NORTH
& SOUTH
EAST
Retail commercial uses within the Rossmoor Business Center located
in the General Commercial zone (C-2)
Loeated across Seal Beach Boulevard are single family residences
within the City of Los Alamitos
A multi-family residential complex located within the City of Los
A1amitos.
WEST
(i) The City has received one letter, from J Brian Gibbons, Yice
President of Ross moor Business Center, in response to its mailed and published publie hearing
notice regarding CUP 98-6 Mr Gibbons requests removal of proposed conditions 26-29
(j) Mike Sellers, Chief of Police has reviewed the requested CUP and
has no concerns regarding the requested expansion
Section 5. Based upon the facts contained in the record, including those stated in
~ 4 of this resolution, and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's Code, the
Planning Commission hereby finds as follows
(a) Staff inspected the site on February 26, 1998 and found the
restaurant is abiding by all conditions of approval of CUP 97-1 which permits the sale of beer and
wine for on-premises consumption.
(b) Conditional Use Permit 98-6 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 and drive-in restaurants subject to the issuance of
a conditional use permit. The use is also consistent with the remaining elements of the City's
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
(c) Due to the cinderblock construction of the existing structure and
the fact the proposed expansion is exterior and uncovered, no additional restrooms or alterations
to the existing restrooms are required at this time
(d) As an existing structure, the style, height and bulk of the proposed
structure is consistent with surrounding residential and commercial uses
(e) The building and property at 12147 Seal Beach Boulevard are
adequate in size, shape, topography and location to meet the needs of the proposed use of the
property.
(f) Required adherence to applicable building and fire codes ensures
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 98-6, subject to the following conditions.
2. CUP # 98-6 is approved for the addition of approximately 681 square feet of exterior
patio area at 12147 Seal Beaeh Boulevard, Seal Beaeh.
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Planmng CommISSIOn ResolutIOn No 98-12
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1. 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
2. All alcoholic beverages sold in conjunction with the on-premise-Iicensed establishment
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.
3. It shall be the responsibility of the applicant/licensee to provide all employees that sell or
serve a1coholie 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:
Time.
Cost.
Place'
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
I" Monday of each month
10'00 a m. to 1'30 p.m
Free
ABC, 28 Civic Center Plaza, Santa Ana
b.
Provider:
Orange 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
4 The hours of operation shall be from 10.00 AM to ll'OOPM daily.
5 No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use.
6 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
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Planning CommIssIon Resolution No 98-12
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7. 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
8. The establishment shall have a public telephone listing.
9. 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 1000 P m and 7 00
a.m
lOIn 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
11. CUP #98-6 shall be automatically terminated if the operation is no longer maintained as a
"bona fide public eating place" as defined by the ABC.
12. The establishment must serve a complete menu offood until thirty (30) minutes prior to
closing time.
13. There shall be no live entertainment, amplified music, or dancing permitted on the
premises 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 permit is issued to the applicant by the City Manager of the City of Seal Beach
14 The establishment 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 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
15 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.
16. A modification of this CUP shall be applied for when:
a. The establishment proposes to change its type ofliquor license
b The establishment proposes to modifY any ofits current Conditions of
Approval
c There is a substantial change in the mode or character of operations of the
establishment.
17 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.
18 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.
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Planning CommIssIon ResolutIOn No 98-12
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19. The term of this permit shall be twelve (12) months. At the end of the initial term, the
applicant may apply to the City for an extension of CUP #98-6. The Planning
Commission may grant an indefinite extension provided that all Conditions of Approval
have been met and no signifieant 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.
20. 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
21 All alcoholic beverages served in the outdoor dining area must be served in glass
containers.
22 All outdoor dining areas shall be surrounded by an enclosure of a design and height
satisfactory to the Planning Commission.
23 Five (5%) percent of the overall seating capacity shall be handicapped accessible
24. The flooring of the proposed new open dining area shall be a raised Portland cement slab,
with ramping, ifneeessary, between the existing open dining area as well as exiting onto
the rear parking area
25. There shall be no waiter/waitress stations permitted in the outdoor areas
26. The existing eoncrete walkway in front of the restaurant shall extended to connect with
the concrete walkway to the north. Said extension shall be constructed with Portland
cement and shall match the grade and width of the existing walkways at both ends
27. A triangular landscaped planter shall be added, and continuously maintained at the foot of
the front wall of the proposed open dining area addition. This planter shall connect the
northeasterly front comer of the existing open dining area with the southeasterly comer of
the building to the north. The new planter shall be separated from the required eoncrete
walkway extension by either a 6" (min.) concrete curb or a 2' maximum height eoncrete
block retaining wall to match the existing and proposed front walls
28. The applicant shall submit a landscape and irrigation plan for the required planter to the
Director of Development Services for review and approval
29. The plans shall be amended to include the required walkway extension and planter, and
shall indicate the proposed open dining area is on a raised concrete slab
30. A unisex, handicapped accessible restroom shall be built and completed within 36 months
of the issuance ofa Certificate of Occupancy and/or the completion of the final inspection
for the exterior expansion proposed through this request.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 6th day of May 1998 by the following vote'
AYES: Commissioners
BROWN, HOOD, LARSON, YOST
NOES Commissioners
LAW
ABSENT' Commissioners
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Whittenberg, Secretary
Planning Commission
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Planning CommIssIOn ResolutIon No. 98. J 2
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