Loading...
HomeMy WebLinkAboutPC Res 99-14 - 1999-05-05 . . ~ RESOLUTION NUMBER 99-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 99-4, ALLOWING A MODIFICATION TO THE CONDITIONS OF APPROV AL ON AN EXISTING LAND USE ENTITLEMENT TO ALLOW AN OUTDOOR DINING AREA AT AN EXISTING RESTAURANT AT 500 E. PACIFIC COAST HIGHWAY, SUITE #104 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April I, 1999, Patty's Place (the "Applicant") filed an application with the Oepartment ofOcvelopment Services for CondItional Use Permit 99- 4, for the creation of a semi-enclosed outdoor dining area Section 2 Pursuant to 14 Calif Code of Regs ~ 15301 and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows. The application for CUP 99-4 for the proposed outdoor dining area is categorically exempt from review pursuant to the Cahfomia Environmental Quahty Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Facilities) (e), because the proposal involves a an addition to an existing restaurant which is less than 50% of the eXIsting floor area, 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 of 20% slope or a change in land use or density Section 3. A duly notIced public hearing was held before the Planning Commission on May 5, 1999, to consider the application for CUP 99-4 At the public hearing the applicant was not in attendance, WIth persons appearing both in favor of and in opposition to the request Section 4 The record of the hearing of May 5, 1999 indicates the following: (a) On April 1, 1999 Patty's Place submitted an application for CUP 99-4 with the Department ofOevelopment Services (b) Specifically, the applicant is proposmg to add a semi-enclosed 314 square foot outdoor patio dining area to an existing restaurant (c) The subject property contains approximately 2220 square feet (part of a 50,000 square foot building) and is located at the northeasterly corner of Marina & 51h St (d) The subject property is legally descnbed as Orange County Assessor's parcel number 043-302-10 (f) The proposed restaurant is a full service restaurant, and will sell an assortment of non-alcohohc beverages as well as beer, wme and distilled spirits. (g) The City has granted the following approvals for the property . . t o CUP 12-84 - Conditional Use Permit permlttmg on-sale of alcoholic beverages (Beer & Wine) until II PM (Subsequently extended to I 30 AM) o CUP 4-87 - Conditional Use Permit permitting on-sale of alcoholic beverages (Beer & Wine) until I 30 AM (Required by transfer of ownership) o CUP 90-12 - Conditional Use Permit permitting general sale of alcoholic beverages until I AM, after transfer of ownership (i) The surroundmg land uses and zoning are as follows North Adjoining Parking lot & existing commercIal building, C2 West Residential Low Density, RLD South Commercial buildings, C2, Residential High Density East Commercial, C2 G) Captain Gary Maiten of the Seal Beach police department said that he has no concerns, beyond that of the staff, regardmg the granting of this request Section 5 Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-1300, 28-1301, 28-1400,28- 2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings (a) Conditional Use Permit 99-4 is consistent with the provisions of the Land Use Element of the City's General Plan, as there IS a provision for general commercial, which includes restaurants (b) The building and property at 500 E Pacific Coast Highway are adequate in size, shape, topography, and location to meet the needs of the proposed remodeled restaurant and the proposed outdoor dining area, as the existing building provides a buffer between the outdoor dining area and the adjacent commercial and institutional uses The nearest residential property is approximately 180 feet to the west In addition, the proposed conditions of approval regarding the outdoor dming area are sufficient to protect the residential uses within the area from adverse noise Impacts (c) Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use Section 6 Based upon the foregoing, the Plannmg CommiSSIOn hereby approves Conditional Use Permit 99-4, subject to the following conditions 1 CUP # 99-4 is approved to permit a partially enclosed outdoor dining area that measures 314 square feet and fronts the parking lot to the north of the existing restaurant 2 The applicant remains bound by all conditions of CUP's No 87-4, 12-84, & 90-12 3 The applicant shall comply with all restrictions placed on the license issued by the State of Califorma's Department of Alcoholic Beverage Control (ABC) This shall be done as soon as the license IS received by the applicant from ABC. 4. All alcoholic beverages sold in conjunction with the on-premise-licensed estabhshment must be consumed entirely on the premises prior to closing 2 . . 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 mside and outside the licensed premises indicating that law prohibits drinking outside the licensed premi ses 5. It shall be the responsibility of the applicant/hcensee to provide all employees that sell or selVe alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State ofCahfornia law 6 The knowledge and skills deemed necessary for responsible alcoholic beverage selVice shall include, but not be limited to the following topics and skills development. lJ State law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws lJ 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 lJ Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. lJ Methods of dealing with intOXicated customers and recognizing under age customers 7. The following organizations provide traming programs, which comply with the above criteria lJ Provider. Program Telephone. Date Time Cost. Place lJ Provider Program Telephone Date Cost Department of Alcoholic Beverage Control Licensee Education on Alcohol & Drugs (LEAD) (714) 558-4101 I stt Monday of each month 1000 a m to I 30 P m Free ABC, 28 CIVic Center Plaza, Santa Ana Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) SelVmg Alcohol Responsibly (BARCODE) (714) 834-2860 * Karen Keay They will schedule appomtments $1295 per person 8. The hours of operation shall be 10 00 A M to 1.00 AM. Monday through Sunday 9 No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use 10. There shall be no exterior advertising of any kind or type, including advertIsing directed to the extenor from within, promoting or indicating the availability of alcohohc beverages 11 The applicant will prominently display these Conditions of Approval in a location withm the busmesses' customer area that is acceptable to the Director of Development SelVlces 12. 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 3 . . 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 a m 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 Code of the Citv of Seal Beach, to require the provisions of additional security measures 14. CUP #99-4 shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the ABC 15. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time 16 There shall be no live entertainment, amphfied music, or dancing permitted on the premises at any time 17 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 130. 18 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 notanzed and returned to the Planning Department, and until the ten (10) calendar-day appeal period has elapsed 19 A modification of this CUP shall be applied for when lJ The establ!shment proposes to change its type of hquor license lJ The establishment proposes to modIfy any of its current Conditions of Approval lJ There is a substantial change in the mode or character of operations of the establishment 20 The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 2S 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 21 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 22 The outdoor dining area shall be completely surrounded by a minimum 5 foot high fence/enclosure_ No Ingress/egress shall be permitted to/from the outdoor dIning area, except through the interior of the restaurant and the permitted entrance from the parking lot area adjacent to Main Street 32. 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 33 The term of this permit shall be six (6) months, beginning the first day of operation of the new patio at the restaurant At the end of the initial term, the applicant may apply to the City for another six (6) month permit, and at the end of that review period, the applicant may apply for an mdefinite extension 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 application and accompanying fee must be submitted to the City prior to consideration of any extensIOns PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of May, 1998, by the following vote AYES: Commissioners Brown, Lyon, Cutllli, Hood, Larson NOES' Commissioners ABSENT Commissioners Br n M Brown, MD Chairman of the Planning Commission 5