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HomeMy WebLinkAboutPC Res 99-45 - 1999-11-17 r, ' . . RESOLUTION NUMBER 99-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 99-12, APPROVING AN ALCOHOL RELATED LAND USE FOR THE ON PREMISES SALE OF BEER AND WINE IN CONJUNCTION WITH A RESTAURANT, LAYLA'S CAFE, AT THE PROPERTY LOCATED AT 13956 SEAL BEACH BOULEVARD. TIlE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On October 11, 1999, Frank Tahvildari (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 99-12, applying for an alcohol related land use at the property located at 13956 Seal Beach Boulevard Specifically, the applicant is requesting the ability to sell beer and wine for on-premises consumption only, and within an enclosed outdoor dining area Section 2. Pursuant to 14 California Code of Regulations ~15305 and ~II(B) of the City's Local CEQA Guidelines, staff has detennined as follows the application for CUP 99-12 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~I530I (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use, pursuant to ~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 of20% slope or a change in land use or density Section 3. A duly noticed public hearing was held before the Planning Commission on November 17, 1999, to consider the application for CUP 99-12 No written evidence was submitted for or against the project, and at the public hearing no one spoke in favor of the request and no one spoke in opposition Section 4 The record of the hearing of November 17, 1999 indicates the following: (a) On October 11, 1999 Frank Tahvildari submitted an application for CUP 99-12 with the Department of Development Services. (b) Specifically, the applicant is proposing to be able to sell beer and wine for on premises consumption only. (c) The subject restaurant contains approximately 1950 square feet. (d) The subject property is legally described as Orange County assessor's parcel number 095-641-45. (e) The subject property contains an existing shopping center, which includes a supermarket, bank, law offices, and other commercial businesses (t) The proposed restaurant is a full service restaurant that sells an assortment of non-alcoholic beverages as well as the proposed beer and wine ' (g) The subject property meets all of its parking requirements through on-site parking within the center. (h) The surrounding land uses and zoning are as follows NORTH & WEST Residential Housing in Leisure World, in a Residential High Density (RHO) zone <. . Plann.ommlsslon ResolutIOn No. 99-45 CUP 99-1213956SBB Layla's Cafe November 17 EAST Naval Weapons Station Seal Beach in a Public Land UselRecreation (pLU/R) zone. SOUTH Boeing Facility in a Light Manufacturing (M-I) zone and commercial businesses in a General Commercial (C-2) zone Section 5 Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~28-I400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings. . Conditional Use Permit 99-12 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Service Commercial (C- I)" zoning designation for the subject property and permits restaurants to serve alcoholic beverages 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. . The building and property at 13956 Seal Beach Blvd. are adequate in size, shape, topography and location to meet the needs of the proposed use of the property and the proposed outdoor dining area. . 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 99-12, subject to the following conditions I. CUP #99-12 is approved for the sale of Beer & Wine for on-premises consumption at 13956 Seal Beach Blvd 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 3 The applicant shall furnish the City a copy of his or her ABC license and a copy of any conditions placed on the license is received 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. The hours of operation shall be 7 00 AM to 10 P.M daily 5. No video games or similar amusements shall be permitted on the premises 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. 7 The applicant will prominently display these conditions ofapproval 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 notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 9 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 its current conditions of approval. f . Planntcomm'sslon Resolullon No. 99-45 CUP 99-1213956 SBB Layla 's Cafe November 17 c) There is a substantial change in the mode or character of operations of the establishment. 10 Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas A lighting plan shall be provided, subject to review and approval by the Director of Development Services, which promotes minimal disturbance to nearby residences 1 I. In the event staff determines security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach MuniciDal Code, to require the provision of additional security measures 12 The establishment shall have a public telephone listing. 13. It shall be the responsibility of the applicant/licensee 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 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 oflegal operations and penalties for violations of these laws b) The potential legal liabilities 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 Alcoholic Beverage Control as providing training programs which comply with the above criteria 1) Department of Alcoholic 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 I.P S Program Telephone. (714) 568-4187 14. 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 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 15. 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 litter 16 This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension oftime 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. f, . . p/ann_omm'&I',on Reso/uhon No 99-45 CUP 99-1213956 SBB Lay/a's Cafe Novembe,17 ". 17. 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. 18. 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 19 Conditional Use Permit #99-12 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. 20. The establishment must serve a complete menu offood until thirty (30) minutes prior to closing time. 21 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 22. 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 23. Any alcoholic beverages sold to customers utilizing the outdoor dining space shall be served in bottles or glass containers only. 24. The proposed facility shall comply with Chapter 13D, "Noise Control", of the Code of the Citv 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 13D 25 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 appropriately pace customer drinking to reduce the risk that the customer will not leave the premises in an intoxicated manner b) Knowledge ofmixology, including marketable alternatives to alcoholic beverages 26 The term of this permit shall be 6 months. At the end of the initial term, the applicant may apply for a 6 month extension of CUP 99-12. After one year, the commission may grant an indefinite extension provided that all the 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 paid to the city prior to consideration of an indefinite extension PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of November, 1999, by the following vote: AYES. Commissioners Brown. Cutuli, Hood, Larson, and Lyon NOES: Commissioners None f, .. . . ABSENT: Commissioners None Whittenberg Secretary of the Planning Commission P/annt CommIssIon Reso/utlOn No. 99-45 CUP 99-J213956SBB Lay/a '8 Cafe November 17 ~f) / David Hood, PhD, Chairman of the Planning Commission