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HomeMy WebLinkAboutPC Res 99-16 - 1999-06-09 . . . . RESOLUTION No 99-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 99-6, PERMITTING AN ALCOHOL-RELATED LAND USE AT 1013 PACIFIC COAST mGHW A Y, SEAL BEACH (pIETRO'S PIZZA KITCHEN) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB: Section 1. On April 10, 1999, Sook Sung ("the Applicant") filed an application for CUP 99-6 with the Department of Development Services Through CUP 99-6, the applicant seeks approval for an alcohol-related land use at 1013 Pacific Coast Highway, Seal Beach Section 2. Pursuant to 14 Calif Code of Regs, ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for CUP No. 99-6 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 of2001o 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 June 9, 1999 to consider the application for an extension of Conditional Use Permit 99-6 At the public hearing the applicant spoke in favor ofthe request with no one speaking in opposition Section 4. The record of the hearing ofJune 9, 1999 indicates the following: (a) On April 5, 1995 the Planning Commission approved CUP 95-1 through the adoption of Resolution No 95-8 subject to 23 conditions (b) The surrounding land uses and zoning are NORTH Single family homes located in the Residential Low Density (RLD) zone. SOUTH A mix of commercial and residential uses and a church (St Anne's) in the General Commercial (C- 2) zone and Residential High Density (RHO) zone EAST Single family homes in the RLD zone WEST A mix of commercial and residential uses in the C-2 and RLD zones (c) Commission approvals: The premises has previously received the following Planning I Use Variance #VV-3-74 Resolution #558, dated August 4, 1971 Permitting renewal of on-sale beer and wine sales, with the hours of C ,CUP,CUP 996'-996 RESOLIJ'I10N OOC BC'BC '. . . Planning CommIssIon ResolutIon No 99-16 June 9, J 999 11.00 A M. to 9.00 P M. weekdays and 11.00 A M. to 1000 P M Saturdays 2 Use Variance #UV 5-72 Resolution #661, dated August 2, 1972 Approving for renewal of on-sale beer and wine 3. Approving renewal of beer and wine sales Resolution #855, dated August 7, 1974 4. CUP 95-1 Resolution 95-8, dated April 5, 1995 Approved the change of hours to II AM to II PM daily (d) City staff inspected the subject property on June 2, 1999 and found the restaurant in compliance with all conditions of approval of Resolution 95-8 (e) There are no residences within 100' airline distance of applicant premises. There is a residential tract of homes approximately 165' away The rear of these homes parallel the rear of the shopping center, including premises, and are separated by the shopping center's 65' wide rear common parking lot, a 3' high cinder block wall, a 60' wide two lane side street with sidewalks and the residential tracts' 6p' cinder block wall (no access through wall and the residences' backyards). (t) City of Seal Beach Police Captain Gary Maiten, has reviewed this application and has no reservations on approving it (g) The subject restaurant contains 1,700 square feet which requires seventeen (17) on-site parking spaces The shopping center offers ample off- street parking to the front and rear of the premises The premises has ample loading zones as part of the shared center parking. (h) The City received no responses, written or other, In response to its mailed notice for the requested extension of CUP 99-6 Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 24-1300, 1303; 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows (a) Staff inspected the existing restaurant on June 2, 1999, and found it in compliance with all conditions of approval (b) CUP No. 99-6 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits the on- sale service of 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 (c) The building and property at 1013 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use (d) The on-premises sale of beer and wine, if properly conditioned and enforced, is compatible with the character of the Seal Beach Adherence to conditions of approval placed on the use by both the City Page 2 99-6 Resolullon . . Planmng CommiSSion Re.olutlOn No 99-16 JUlle 9. 1999 of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 99-6, subject to the following conditions 1. CUP #99-6 is approved for 1013 Pacific Coast Highway and is issued to Sook & Tae Sung for Pietro's Pizza Kitchen 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 ABC license and a copy ofany conditions placed on the license 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 II 00 A M to 11 00 P M daily 5 No alcoholic beverages shall be sold to customers using outside dining tables 6 All alcoholic beverages must be consumed entirely within the building and structure 7 No video games or similar amusements shall be permitted on the premises 8 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 9 The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services 10 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 II 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 c) There is a substantial change in the mode or character of operations of the establishment 12 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 13 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 Municipal Code, to require the provision of additional security measures. 14. The establishment shall have a public telephone listing 15. 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 Page 3 99-6 Resolution . . Planmng ComnllSSlOn Re.olutlOn No 99-16 JUlle 9, 1999 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 traming programs which comply with the above criteria' 1) Department of Alcoholic Beverage Control LEA D Program Telephone: (714) 558-6482 2) Orange County A.D E P T. Program, for referral to either the B A 0.0 or TIP S Program. Telephone' (714) 568-4187 16 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 1000 PM and 7.00 A M 17. 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 ifharm 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 Conditional Use Permit 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 ofOevelopment Services a minimum of ninety (90) days prior to such expiration date 19. 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 20 Consumption of alcoholic beverages shall be prohibited in the establishment's parkmg 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 21 Conditional Use Permit #99-6 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 22. The establishment must serve a complete menu offood until thirty (30) minutes prior to closing time. Page 4 99-6 Resolution . . .. Planmng CommISSIOn ResolutIon No 99-16 JUlle 9, 1999 23 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 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 IS, 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 99-6 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 9th day of June, 1999 by the following vote AYES. Commissioners Brown, Hood, Larson NOES: Commissioners ABSENT. Commissioners Cutuli, Lyon ~ M. B . . Brown, M D , Chairma Planning Commission ee Whittenberg, Secretary I Planning Commission Page 5 99-6 Resoluuon