HomeMy WebLinkAboutPC Res 06-34 - 2006-08-09
RESOLUTION NUMBER 06-34
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A RESOLUTiON OF THE PLANNiNG COMMISSION OF THE
CITY OF SEAL BEACH APPROVING AN INDEFINITE
EXTENSiON OF CONDiTIONAL USE PERMIT 05-5
ALLOWiNG EXPANDED HOURS OF OPERATION TO 7.00
A.M. TO 1000 PM SUNDAY THROUGH THURSDAY, AND
7:00 AM TO 11:00 PM FRIDAY, SATURDAY, AND
HOLTDA YS, AND TO ALLOW SMALL JUKE BOXES AT
EACH OF TABLE FOR AN EXISTING RESTAURANT AT 209
MAIN STREET, SEAL BEACH (WOODY'S DiNER)
THE PLANNiNG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE.
SectIOn I, On May 2, 2006 Erik Johnson (the "ApplIcant"), filed an
applIcal10n wIth the Department of Development Services for an Indefinite ExtenSion of
CondItIOnal Use PermIt 05-5 to expand the hours of operatIon to mclude breakfast and to allow
small Juke boxes at each table for Woody's Dmer at 209 Mam Street
SectIon 2. Pursuant to 14 CalIfornIa Code of Regulations *15305 and *ll(B)
of the CIty's Local CEQA GuidelInes, staff has determmed as follows. the application for
Condll1onal Use Permit 05-5 for the restaurant wIth expanded hours of operal1on and small Juke
boxes on the tables is categoncally exempt from revIew pursuant to the CalIfornIa
EnVIronmental Quahty Act pursuant to 14 California Code of RegulatIOns ~1530l (Mmor
Alteral10ns m Land Use LImitations), because the proposal mvolves a neghglble expansIOn of an
eXIstIng use; pursuant to *15305 (Mmor AlteratIOns in Land Use LImItatIOns), because the
proposal mvolves a minor alteratIOn m land use lImItatIon and does not mvolve either a property
m excess of 20% slope or a change in land use or denSIty, and dining uses were conSIdered as
part of NegatIve Dcclaration 96-2, evaluatmg the envIronmental Impacts of the Mam Street
SpeCIfic Plan.
SectIon 3. A duly notIced pubhc heanng was scheduled before the Planmng
Commission on May 4, 2005 to conSIder the applIcatIOn for Condll1onal Use PermIt 05-5
SectIOn 4, Based upon the facts contamed m the record, mcludmg those stated
m thIS resolutIon and pursuant to the CIty Code, thc PlannIng CommIssIon makes the followmg
findmgs:
(a) CUP No. 05-5 IS consIstent WIth the provIsIOns of the Land Use
Element of the CIty's General Plan, whICh provides a Mam Street Specific Plan zonmg
designatIon for the subject property and permIts restaurants subject to the Issuance of a
CondItIonal Use PermIt. The use is also consIstent WIth the remammg elements of the City'S
1 of?
Planmng Comnll.won Re5olutlOn 06-34
COlld/llOlllll U5e Permll 05-5(lndefimte ExtemlOn)
209 Malll Street (Woody's DlIIe,)
August 9, 2006
General Plan as the pohcies of those elements are consistent With, and reflected m, the Land Use
Element Accordmgly, the proposed use is consIstent with the General Plan.
(b) The proposed use is consIstent with the mtent and purpose and
VISIOn establIshed for the Mam Street SpecIfic Plan,
(c) The proposed use does not conflIct wIth the SpecIfic Plan's goal to
establIsh and mamtain a balanced mIx of uses that serve the needs of both local and non-local
populatIons
(d) The use WIll contnbute to the unIque character of Mam Street and
the qualItIes that provIde the Main Street sense of IdentIty
(e) The proposed use complIes with all applIcable CIty CouncIl
policIes, such as the policIes the CouncIl has adopted concernmg alcohol servmg uses.
(f) thIS CondItIonal Use PermIt IS consIstent with the provisions of
the Land Use Element of the City's General Plan, whIch provIdes the Mam Street SpecIfic Plan
designatIon for the subJect area and permIts restaurants subJect to the Issuance of a conditIonal
use permit. The use IS also consistent with the remammg elements of the CIty's General Plan as
the polICies of those elements are consistent wIth, and reflected m, the Land Use Element.
Accordmgly, the proposed use IS consistent wIth the General Plan.
(g) The bUlldmg and property at 209 Mam Street are adequate m SIze,
shape, topography and locatIOn to meet the needs of the proposed use ofthe property,
(h) ReqUIred adherence to applIcable bUlldmg and fire codes ensures
there will be adequate water supply and utIhl1es for the proposed use.
Secl10n 5 Based upon the foregomg, the Planning CommIssion hereby
approves CondItIOnal Use PermIt 05-5, subJect to the following condItIOns:
1. ConditIonal Use Permit 05-5 IS approved for the ability to open for breakfast and to
utIlIze small Jukeboxes at each table m the restaurant located at 209 Mam Street, Seal
Beach. All mterior floor plans shall be in substantIal complIance With those approved as
part of the previously approved Conditional Use Permit 92-23, and whIch apply to this
ConditIOnal Use PermIt 05-5
2. thIS Conditional Use Permit shall not become effectIve for any purpose unless an
"Acceptance of Conditions" form has been signed by the apphcant m the presence of the
DIrector of Development Services, or notarized and returned to the Planmng DeparlInent;
and untIl the I O-day appeal penod has elapsed.
3. All rcqulrements of the Orange County Health DeparlInent and Uniform BUlldmg Code
shall be met pnor to occupancy.
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Planning CommISSIOn ResolutIOn 06-34
Condltlonal Use PermIt 05-5(lndefimte ExtensIOn)
209 Main Street (Woody's Diner)
August 9, 2006
4. The restaurant seatmg area shall not exceed the area desIgnated on the floor plan as
approved by the Planmng Commission.
5. The rear of the bUlldmg shall be posted as a no parkmg/loading zone between the hours
of 7:00 a.m. and 10:00 a.m. and shall be available for parkmg or loadmg at all other
hours. The execution of this conditIon IS subject to the review and approval of the
Director of Development ServIces
6. The apphcant shall comply with all applIcable provIsIons of Municipal Code Chapter
925, Fats, Oil and Grease Management and DIscharge Control
7 The bus mess operator shall steam-clean the publIc sidewalk m front of the bus mess
locatIon on a quarterly baSIS, and shall partIcIpate m any City-sponsored sidewalk
c]eamng program that the City may ultimately establish in the future, The busmess
operator shall provide proof to the City on a yearly baSIS of complIance with saId
SIdewalk steam-cleanmg program.
8 The applIcant shall furnIsh the CIty a copy of hIS ABC lIcense and a copy of any
conditions placed on the lIcense by the Department of Alcohohc 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.
9 The hours of operatIOn shall be
(a) 7'00 a.m. to 10 00 pm" Sunday through Thursday; and
(b) 7:00 a.m, to 11.00 pm, Fnday, Saturday and hohdays
10 No VIdeo gamcs or SImilar amusements shall be permItted on the premises unless a
separate condItIonal use permIt IS approved for that use. Tabletop Jukebox machmes are
approved m conjunctIon with this CondItIonal Use Permit 05-5.
11 There shall be no exterior advertlsmg of any kmd or type, includmg advertlSlng directed
to the extenor from withm, promotmg or indlcatmg the avaIlability of alcoholIc
beverages.
12 A modlfical1on ofthe ConditIonal Use Permit shall be obtamed 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
(c) There IS a substantial change m the mode or character of operations of the
establishment.
13. The Planmng Commission reserves the nght to revoke or modify thIS CondItional Use
permit Ifany violatIon of the approved condItIons occurs, any VIOlatIon of the Code of the
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Planning ComnllSSlOn RemllltlOn 06-34
CondlllOnal Use Permit 05-5(blllefimte Exten5lOn)
209 Main Street (Woody's Diller)
AlIgll5t 9, 2006
CIty of Seal Beach occurs, or for those reasons specIfied by Article 28, and m the manner
specIfied in Article 25, Chapter 28 of the Code of the CIty of Seal Beach
14, Exterior lightIng m the parking area shall be kept at a level so as to provIde adequate
IIghtmg for patrons while not unreasonably disturbmg surroundmg reSIdentIal or
commercial areas.
15. In the event staffdetermmes that secuntyproblems eXIst on the sIte, the condItIons ofthls
permIt may be amended, under the procedures of the Seal Beach MUnIcIpal Code, to
reqUIre the provision of addItIonal securIty measures
16 The establIshment shall have a publIc telephone lIsting
17 It shall be the responsIbilIty of the applicant/hcensee 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 mclude, but not be lImited to the
followmg tOpICS and skIlls development:
(a) State laws relatmg to alcohohc beverages, particularly ABC and penal provlSlons
concerning sales to minors and intoxIcated persons, dnvmg under the mfluence,
hours oflegal operations and penall1es for violatIons of these laws.
(b) The potentIal legal liabihl1es of owners and employees of busmesses dlspensmg
alcoholic beverages to patrons who may subsequently mJure, kill, or harm
themselves or mnocent vlcl1ms as a result of the excessive consumptIon of
alcoholic beverages
(c) Alcohol as a drug and its effects on the body and behaVIOr, mcluding the
operatIon of motor vehIcles.
(d) Methods for dealIng with intoxicated customers and recognIzmg underage
customers. The followmg organIzations have been IdentIfied by the State
Department of AlcoholIc Beverage Control as providing training programs whICh
comply With the above crIteria'
1 DeparlInent of Alcoholic Beverage Control L.E A D, Program
Telephone: (714) 558-6482
2 Orange County AD.E.P.T. Program for referral to eIther the B.AD D or
T.I.P.S. Program. Telephone (714) 568-4187
18 The knowledge and slolls deemed necessary for responsIble alcoholIc beverage service as
set forth heremabove, shall mclude for on-premise lIcensed locatIons, but not be lImited
to the following additIOnal tOpiCS and skIlls development:
(a) Methods to appropnately pace customer dnnklllg to reduce the nsk that the
customer will not leave the premises m an mtoxicated manner.
4
Planmllg COmm/55lOn Re5ollltlOn 06-34
Condlllonal U5e Permit 05-5(lndefimte ExtenSIOIl)
209 Mllln Street (Woody's Diner)
August 9, 2006
(b) Knowledge of mixology, mcluding marketable altemal1ves to alcoholic
beverages.
19 Litter and trash receptacles shall be located at convenIent locatIOns mside and outside the
estabhshment. Operators of such establishment shall remove trash and debns on an
appropnate 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
20. The Plannmg Commission reserves the nght 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 cnmmal or antisocial
behavIOr, mcluding but not lImited to the congregation of mmors, vIOlence, publIc
drunkenness, vandalism, solIcItation and/or lItter.
21 All alcoholIc beverages sold m conJunctIOn With the on-premise lIcensed establIshment
must be consumed entirely on the premises pnor to closmg time The sale of alcoholIc
beverages shall be prohibIted m the establishment's parkmg area. There shall be
appropriate posting of signs both inSIde and outside the hcensed premIses indicatmg that
drinking outside the hcensed premises IS prohibited by law
22 There shall be no lIve entertainment or dancmg permItted on the premises at any time,
unless speCifically authonzed by a conditIOnal use permit Issued by the City and unless
such uses are consIstent WIth the hcense conditions imposed by the State of CalifornIa
Department of AlcoholIc Beverage Control.
23. The establIshment shall comply WIth Chapter 13D, "Noise Control", of The Code of the
Cltv of Seal Beach as the regulations of that Chapter now eXist or may hereafter be
amended. Should complamts be receIved regardmg noise generated by the establIshment,
the Plannmg CommiSSIOn reserves the nght to schedule the subJect condItional use permit
for reconsideratIOn and may require the applIcant/operator to mItigate the nOise level to
comply With the provISIons of Chapter 13D.
24 Whenever the outdoor dmmg area IS bemg utilized for the sale, service or consumptIon of
alcoholIc beverages, a premise employee shall be m attendance and mamtam contmuous
supervision at all times to ensure the outdoor dmmg area does not create a pubhc
nuisance contrary to pubhc welfare and morals
25 All alcoholic beverages served m the outdoor dinmg area must be servIced m glass
contamers
26 Intenor remodeling and structural alteratIOn shall be m substantial comphance With
approved plans, and construction actiVIty shall not commence until building permits have
been obtamed,
5
Planmng CommISsIOn ResollltlOn 06-34
Condlllonal U5e Pe,mll 05-5(lndefimte ExtemlOn)
209 Main Street (Woody's Diner)
Augu5t 9, 2006
27. The applIcant will prommently dIsplay these condlllons of approval m a locatIOn wlthm
the busmess's customer area, m one or more locatIOns acceptable to thc Director of
Developmcnt Services.
28 The applIcant wIll make every effort to mmlmlze nOIse to nearby resldenllal propertIes.
The rear door shall remam closed at all limes, except as reqUIred by Buildmg and FIre
Code requirements.
29. Parkmg on the alley shall not be used between 7:00 a m, and 10'00 a m to help protect
the resldenllal uses behmd the restaurant. A SIgn shall be prominently posted adJacent to
the parkmg area stating "No Parkmg from 7.00 am to 10:00 am"
30. ThiS CUP shall become null and vOId unless exercised wlthm 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 mmlmum of ninety (90) days pnor to such expiratIon date.
31 The term of thIs permit shall be twelve (12) months, begmning the first day of operallon
of the new restaurant. At the end of the mlllal ternl, the applIcant may apply to the City
PlannIng CommIssion. 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 apphcatlOn
and accompanying fee must be submitted to the City pnor to consideration of any
extenSions,
32. The applIcant shall indemnify, defend and hold harmless CIty, ItS officers, agents and
employees (collectively "the CIty" hereinafter) from any and all claims and losses
whatsoever occumng or resultmg to any and all persons, firms, or corporatIOns furnlshmg
or supplymg work, services, matenals, or supphes m connectIOn With the performance of
the use permItted hereby or the exercise of the nghts granted herem, and any and all
claims, lawsuits or actIOns arising from the granting of or the exerCise of the rIghts
permitted by thiS ConditIOnal Use Permit, and from any and all claims and losses
occurring or resultmg to any person, firm, corporatIOn or property for damage, mJury or
death ansmg out of or connected with the performance of the use permItted hereby
ApplIcant's oblIgallon to mdemnIfy, defend and hold harmless the CIty as stated herem
shall include, but not be limIted to, paying all fees and costs mcurred by legal counsel of
the City's choice m representmg the City m connectIon With any such claims, losses,
laWSUIts or actIOns, expert wItness fees, and any award of damages, Judgments, verdicts,
court costs or attorneys' fees m any such laWSUIt or action
PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Bcach
at a meetmg thereof held on the 9th day of August 2006 by the followmg vote'
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Planl/lng COmml>5lOn ResolwlOn 06-34
CondItional Use Permll 05-5(lndefimte ExtemlOn)
209 Mllln Street (Woody's Diller)
Augu51 9, 2006
AYES: Commissioners Deaton, Bello, Ladner, and O'Malley
NOES: CommissIOners None
ABSENT: CommiSSIOners Roberts
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cfnH-'J f7.~~~~)
/ f Ellery Deaton
ChaIrperson, Planmng Commission
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