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HomeMy WebLinkAboutPC Res 06-36 - 2006-08-09 RESOLUTION NUMBER 06-36 0-9/s/)} 't4t. A RESOLUTiON OF THE PLANNING COMMiSSION OF THE CITY OF SEAL BEACH APPROVING CONDiTIONAL USE PERMIT 05-7, INDEFINITE EXTENSION, ALLOWING THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION FOR AN EXISTING RESTAURANT WITH OUTDOOR PATIO DiNiNG AT 303 MAiN STREET, SEAL BEACH (ATHENS WEST) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE. Secl10n 1. On June 22, 2006, Peter Lafkas, the applIcant, submitted an applIcatIOn for IndefinIte Extension of Condll1onal Use Permit (CUP) 05-7 at 303 Mam Street, m accordance With the terms and conditIons of CUP 05-7, as approved by Plannmg CommiSSIon ResolutIon 05-30 on June 22, 2005 SectIOn 2 Pursuant to 14 Cahfornla Code of RegulatIOns * 15305 and *1l(B) of the City's Local CEQA GUIdelInes, staff has determined as follows: the applIcatIOn for ConditIOnal Use Permit 05-7, Indefinite ExtenSIOn, for the sale of beer and wine for on-sIte consU1llpl1on and outdoor dmmg at the restaurant IS categoncally exempt from review pursuant to the CalIfornIa EnVironmental Quality Act pursuant to 14 CalIfornia Code of RegulatIOns *15301 (Mmor Alteral10ns m Land Use Llmltal1ons), because the proposal mvolves a neglIgible expansIOn of an eXlstmg use; pursuant to * 15305 (Mmor Alteral10ns m Land Use LimitatIOns), because the proposal mvolves a mmor alteratIOn m land use IImltal10n and does not mvolve eIther a property m excess of20% slope or a change in land use or denSity, and dmmg uses were conSidered as part of Negal1ve Declaral10n 96-2, evaluatmg the environmental Impacts of the Mam Street SpeCIfic Plan Secl10n 3, A duly nol1ced public heanng was scheduled before the PlannIng CommISSion on August 9, 2006 to conSider the apphcal10n for Condll1onal Use PermIt 05-7, Indefinite ExtenSIOn. Secl10n 4. mdICates the followmg: The record of the pubhc hearmg on August 9, 2006 (a) On May 23, 2005, Peter Lafkas, the applicant, submitted the mll1al applIcatIon for CondItional Use PermIt 05-7 at 303 Mam Street. SpeCifically, the apphcant was proposmg to sell beer and wine for on-site consumptIOn m conJunctIOn With a restaurant use WIth outdoor patio seatmg (b) With a reVIsed floor plan of a restaurant, a new CUP approval was necessary from the City and from the CalIfornia Department of Alcohol Beverage Control. 10f7 Planmng Comml55lOn ResollltlOll 06-36 ConditIOnal U5e Pernllt 05-7, Illdefimte ExtemlOll 303 Mam Street (Athen5 We5t) Augult 9, 2006 (c) The subJect property is located m the 300 block of Mam Street building known as the Seal Beach Mall, in the former Main Street Cafe 10cal1on within the Mam Street Specific Plan area. (d) The subJect property IS descnbed as Orange County Assessor's Number 043-112-34. (e) EAST The surroundmg land uses and zOnIng are as follows' Across Mam Street, commercial businesses m the Mam Street SpecIfic Plan Zone, WEST Across alley, ResIdential Housmg m Resldenl1al High Density (RHD) Zone, NORTH CommercIal busmcsses in the Mam Street Specific Plan Zone SOUTH Pnvate and publIc parkmg lots; Across Electnc Avenue, commercial busmesses m the Mam Street Specific Plan Zone (f) Tim Olson, LIeutenant of the Seal Beach Pohce DeparlInent, has reViewed the requested CUP and notes that there has been no extraordmary demand for law enforcement at the subJect property, (g) thiS applIcatIOn As of July 26,2006, staff has not received any communIcations regardmg SectIOn 5, Based upon the facts contamed m the record, mcludmg those stated m thiS resolution and pursuant to the CIty Code, the PlannIng CommISSIOn makes the followmg findmgs: (a) Conditional Use Permit No. 05-7, indefinite ExtensIOn, IS consistent wIth the prOVISIons of the Land Use Element of the CIty's General Plan, which provides a Mam Street SpecIfic Plan ZOnIng designatIOn for the subJect property and permits restaurants and outdoor dining subJect to the Issuance of a Conditional Use Permit. The use IS also consIstent with the remaming elements of the City's General Plan as the polICies of those elcments are consistent WIth, and reflected in, the Land Use Element. Accordmgly, the proposed use IS consistent wIth the General Plan. (b) The buIldmg and property at 303 Mam Street are adequate m Size, shape, topography and locatIOn to meet the needs of the proposed use of the property (c) ReqUIred adherence to apphcable bUlldmg and fire codes ensures there will be adequate water supply and utilities for the proposed use. 20f7 Planning CommlS5lOn Re5olutlOn 06-36 COlldlllollal U5e PermIt 05-7, Indefinite ExtenslOll 303 Main Street (Athen5 We51) AlIgllst 9, 2006 (d) The proposed use is consIstent wIth the mtent and purpose and VISion established for the Main Street Specific Plan. (e) The proposed use does not conflIct with the Specific Plan's goal to establIsh and mamtam a balanced mix of uses that serve the needs of both local and non-local populatIons. (f) The use Will contnbute to the unique character of Mam Street and the qualIties that provide the Mam Street sense of Idcntity (g) The proposed use complIes With all applIcable City council polICies, such as the pohcles the Council has adopted concernmg alcohol servmg uses. SectIOn 6 Based upon the foregomg, the P1annmg Commission hereby approves Conditional Use Permit 05-7, indefinIte ExtensIOn, subJect to the followmg conditIons' 1, CUP 05-7, indefinIte ExtensIOn, IS approved for the ability to serve beer and wme for on- site consUlllptlOn m conjunction with a restaurant use and outdoor patio dmmg at 303 Mam Street 2. This ConditIOnal Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been sIgned by the applIcant m the presence of the DIrector of Development ServIces, or notarIzed and returned to the PlannIng Department, and until the 10-day appeal penod has elapsed. 3, All requirements of the Orange County Health Department and UnIform Buildmg Code shall bc met prIor to occupancy 4 The restaurant seatmg area shall not exceed the area designated on the floor plan as approved by the PlannIng CommissIOn. 5 The applIcant shall furnIsh the City a copy of his ABC license and a copy of any conditions placed on thc lIcense by the Department of AlcoholIc Beverage Control This shall be done as soon as the hcense IS received by the applIcant from the State of Cahfornla Department of AlcoholIc Beverage Control. 6 The hours of operatIOn shall be. (a) 7:00 AM to 10,00 PM, Sunday through Thursday; and (b) 7'00 AM to 11 00 PM, Friday, Saturday and holidays 7 No video games or simIlar amusements shall be permitted on the premises unless a separate conditional use permit IS approved for that use 3 of? Plallnlng Comml5slOn ResollltlOn 06-36 Concllllonal Use Permll 05-7, Indefimte Exten5lOn 303 Ma/ll St,eet (Athens West) August 9, 2006 8, There shall be no extenor advertismg of any kmd or type, mcludmg advertlsmg dIrected to the extenor from wlthm, promotmg or mdICatmg the availabilIty of alcoholIc beverages 9. A modificatIon ofthe CondItIOnal Use Permit shall be obtamed when (a) The establIshment proposes to change Its type ofhquor license. (b) The establIshment proposes to modify any of its current condll1ons of approval. (c) There is a substantial change m the mode or character of operations of the establIshment 10. The Plannmg Commission reserves the nght to revoke or modIfy thiS ConditIOnal Use permit Ifany VIOlation of the approved condItIons occurs, any ViolatIOn ofthe Code of the CIty of Seal Beach occurs, or for those reasons specified by Article 28, and m the manner specified m ArtIcle 25, Chapter 28 ofthe Code of the CIty of Seal Beach 11. Extenor IIghtmg in 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. 12. in the event staff determmes that security problems eXIst on the site, the condItIOns of this permIt may be amended, under the procedures of the Seal Beach Mumclpal Code, to require the proVision of addItional securIty measures. 13 The estabhshment shall have a publIc telephone hstmg. 14 it shall be the responslblhty 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 relating to alcoholic beverages, particularly ABC and penal provlSlons concernmg sales to mmors and mtoxlCated persons, dnvmg under the influence, hours oflegal operatIons and penalties for Violations of these laws (b) The potential legal lIabilities of owners and employees of busmesses dIspensing alcohohc beverages to patrons who may subsequently mJure, loll, or harm themselves or innocent vlcl1ms as a result of the excessive consumpl1on of alcoholIc beverages. (c) Alcohol as a drug and ItS cffects on the body and behaVIOr, mcludmg the operatIon of motor vehIcles (d) Methods for deahng with mtoxicated customers and recognizmg underage customers. The followmg organizations have been identified by the State Department of AlcoholIc Beverage Control as provldmg trammg programs that comply with the above criterIa: (1) Department of AlcoholIc Beverage Control LEA D. Program. Telephone' (714) 558-6482 40f7 Planmng CommISSIOn Re5ollltlOI/ 06-36 CondItIOnal U5e PermIt 05-7, llldefimte EAtenslO1/ 303 Mam Street (Athen5 We5/) Augu5I9, 2006 (2) Orange County A D.E.P.T. Program for referral to either the B.A D.D. or T,I.P.S Program, Telephone: (714) 568-4187 15 The knowledge and skills deemed necessary for responsible alcoholic beverage servIce as set forth heremabove, shall melude for on-premise hcensed locations, but not be lImited to the followmg addlllonal topics and skills development: (a) Methods to appropriately pace customer dnnking to reduce the nsk that the customer will not leave the premises m an intoxicated manner (b) Knowledge of mlxology, includmg marketable alternatIves to alcoholIc beverages 16. All alcoholIc beverages sold m conJunction wIth the on-premIse licensed establIshment must be consU1lled entIrely on the premIses pnor to closing time, and none shall be sold as take-out. 17 Conditional Use Permit 05-7 shall be automallcally terminated if the operation IS no longer mamtamed a "bona fide public eatmg place" as defined by the California Deparl1nent of Alcohohc Beverage Control. The establIshment must serve a complete menu of food until tlurty (30) minutes pnor to closing time. 18 LItter and trash receptacles shall be located at convenIent locallons inside and outsIde the estabhshment Operators of such establishment shall remove trash and debns on an appropriate basIs so as not to cause health problems There shall be no dumpmg of trash and/or glass bottles outside the establIshment between the hours of 10 00 PM and 7:00 AM. 19 The PlanIl1ng 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 cnmmal or antiSOCial behaVIOr, includmg but not lImIted to the congregallon of mmors, vIolence, publIc drunkenness, vandalIsm, solIcitation and/or lItter. 20 All alcoholic beverages sold m conJunction with the on-premIse hcensed estabhshment must be consU1lled enllrely on the premises prior to closmg lime, The sale of alcoholIc beverages shall be prohibited in the establishment's parkmg area There shall be appropriate postmg of SignS both inside and outside the lIcensed premises mdlcatmg that dnnlong outSIde the lIcensed premises is prohibited by law. 21 There shall be no live entertainment or dancing permItted on the premIses at any lime, unless speCifically authonzed by a condItional use permIt Issued by the City and unless such uses are consistent with the lIcense condlllons Imposed by the State of CalIfornia Department of AlcoholIc Beverage Control 22 The establIshment shall comply WIth Chapter 13D, "NOise Control", of The Code of the Cltv of Seal Beach as the regu1allons of that Chapter now exist or may hereafter be 50f7 Planmng COmml<SlOlI ResollltlOll 06-36 Concllllonlll Use Permll 05-7, Indefimte Exten5lOn 303 Main Street (Athens West) AlIgllst 9, 2006 amended Should complamts be receIved regarding 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 l3D 23 Whenever the outdoor dining area IS bemg utlhzed for the sale, service or consumption of alcoholIc beverages, a premIse employee shall be m attendance and maintam continuous supervision at all limes to ensure the outdoor dmmg area does not create a pubhc nUIsance contrary to pubhc welfare and morals, 24 All alcoholIc beverages served in the outdoor dmmg area must be serviced m glass containers. 25. The apphcant will prommently display these eondltlons of approval in a location withm the busmess's customer area, in one or more locations acceptable to the Director of Development ServICes 26 The applIcant will make every effort includmg, but not lImIted to, keeping doors off alley closed between 10:00 PM and 7'00 AM to mlmmlze noise to nearby resldenl1al properties, 27. All outdoor dmmg areas shall be surrounded by an enclosure of a deSign and height satIsfactory to the Plannmg CommIssIOn 28. Any canopy constructed over an outdoor dining area shall comply with all reqUIrements ofthe BUlldmg DeparlInent and Fire Department 29. The restaurant WIll comply with the grease trap regulal10ns of the City of Seal Beach and County of Orange. 30. ThIS CUP shall become null and VOId unless exercised withm one (1) year of the date of final approval, or such extensIOn of time as may be granted by the Plannmg CommiSSIon pursuant to a wntten request for extension submItted to the Department of Development Services a minImum ofmnety (90) days pnor to such expiration date. 31 The applIcant shall indemmfy, defend and hold harmless City, ItS officers, agents and employees (collectively "the City" heremafter) from any and all claims and losses whatsoever occurring or resultmg to any and all persons, firms, or corporatIOns furnlshmg or supplymg work, services, materIals, or supplIes m connection with the performance of the use permitted hereby or the exerCIse of the rIghts granted hcrem, 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 occumng or resulting 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 Appl1cant's obhgation to mdemmfy, defend and hold harmless the CIty as stated herein 60f7 Planmng CommISSIOn ResolutIOn 06-36 Cond/llonal Use Permll 05-7, Indefimte EttellslOn 303 Mllm Street (Athen5 Welt) Augwt 9, 2006 shall mclude, but not be hmited to, paymg all fees and costs mcurred by legal counsel of the CIty'S chOice in 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 Plannmg CommiSSIOn of the CIty of Seal Beach at a meetmg thereof held on the 9th day of August 2006 by the following vote: AYES' CommiSSioners Deaton, Bello, Ladner, and O'Malley NOES' Commissioners None ABSENT: CommissIoners Roberts dhh'7~(J fJ/OZ;-;;) / Ellery Deaton Chairperson, Plannmg Commission Lee hlttenberg Secretary, Plannmg Commissio **** 7 of?