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HomeMy WebLinkAboutPC Res 01-51 - 2001-12-05 RESOLUTION NUMBER 01-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 01-16, APPROVING AN ALCOHOL RELATED LAND USE FOR ON SITE SALE OF ALCOHOLIC BEVERAGES AND AN OUTDOOR FOOD SERVICE AREA IN CONJUNCTION WITH A RESTAURANT BUSINESS (RUBIO'S) AT 12420 SEAL BEACH BOULEVARD, (OLD RANCH TOWNE CENTER) THE PLANNING COM1\1ISSTON OF TI-IE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On Novcmbcr 5th, 2001, Art Rodriguez of Rodrigue.l & Associates, (the "Applicant") filcd an application with the Department of Development Services for Conditional Use Permit 01-16. A conditional use permit is required to allow on site consumption of alcoholic beverages and to allow for the provision of outdoor seating for a restaurant business (Ruibio's) at 12420 Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and SS 11.C and III of the City's Local CEQA Guidelines, staff preparcd an Initial Study and a Draft Enviromnental Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and rclated General Plan amendments. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (ErR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to thc August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final ETR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on December 5, 2001, to consider the application for Conditional Use Permit 01-16. Section 4. The record of the hearing of Deccmbcr 5, 2001 indicates the following: (a) On November 5, 2001, Art Rodriguez (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 01-16. (b) A conditional use permit is required to allow on site consumption of alcoholic beverages and to allow for the provision of outdoor seating for a restaurant business (Rubio's) at 12420 Seal Beach Boulevard. (c) The applicant is propo~ing to provide a maximum of 30 outdoor seats in conjunction with a new restaurant business, on property loeatcd on the east side of Seal Beach CUP 01-16 Planning Comnllssw/l Resolution 01-51 Boulevard, north of St. Cloud Dr., in what is commonly referred to as the "Bixby Old Ranch Towne Center." (d) The proposed development is locatcd in the General Commercial (C-2) zone within the Old Ranch Towne Ccnter, a 26.045-acre commercial shopping center site located at the northeast corner of Seal Bcach Boulevard and St. Cloud. (c) The commercial shopping center includes 286,967 square feet of retail commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscaping. The ccntcr is currently being developed. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands Restaurant. (f) Surrounding land uses and zoning are as follows: North, South & East - remaining portions of Old Ranch Towne Center in the General Commercial (C-2) zone. West - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the City of Seal Beach. (g) The City Council has approved requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses of land set forth in this application. (h) The proposed development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height, landscaping, and parking requirements Section 5. Based upon the facts contained in the record, including those stated in *4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: (a) CUP No. 01-16 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits the outdoor food service areas and allows on site consumption 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, tile proposed use is consistent with the General Plan. (b) The building and property at the subject site of the Old Ranch Towne Center are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The entire shopping center is approximately 25 acres in area and is currently being developed. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Say-On Drugstore; and Islands Restaurant. The proposed development plan complies with all City standards regarding minimum lot sizc, building setbacks, lot coverage, building height, landscaping, and parking requirements. (c) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. (d) The nearest homes to the requested outdoor seating area are to the southwest and northeast of the shopping center, in excess of 500 feet in either direction. Given the nature of the outdoor seating area and the orientation of the seating area away from the residential development and the distance to existing residential areas, the proposed outdoor seating area is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate any negative impacts to neighboring residential properties. 2 CUP 01-/6 Plannmg Commission Resolution 01-5 I Section 6. Based upon the foregoing, the Planning Commission hcrcby approves Conditional Use Pennit 01-16, subject to the following conditions: 1. Conditional Use Permit 01-16 at 12420 Scal Bcach Boulevard is approved for on site alcohol sales of beer and wine only, and an outdoor food service area, with a maximum of 30 outdoor scats. 2. Maintain a minimum of a 5- foot clear pedestrian path bctween the proposed exterior seats and tables and any adjacent structure columns or parking lot. 3. Applicant must provide a minimum 42" high guard rail around outdoor seating area. 4. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Director of Devclopment Services. 5. In the event statT detennines security problems exist on thc site. the Conditions of this permit may be amended, under the procedures of Thc Code of the City of Seal Beach, to require the provision of additional security measures. 6. A modification of this Conditional Usc Permit shall be applied for when: a. The establishment proposes to change the type, number or general location of the outdoor seating area. 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 establishmcnt. 7. This Conditional Use Permit 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 notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 8. 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 eontrary to public welfare and morals. 9. The applicant shall comply with all restrictions placed upon the license issued by the State of Califomia Department of Alcoholic Beverage Control. 10. 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 Califomia Department of Alcoholic Beverage Control. 11. The hours of operation shall be 10:00 AM to 11 P.M. daily 12. All alcoholic beverages must be consumed within thc building, structure, or the outdoor patio area. 13. No video games or similar amusements shall be permitted on the premiscs. 14. 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. 15. The establishment shall have a public telephone listing. 3 CUP 01-16 Planning CommIssIon ResolutlOll 01-5/ 16. 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 neces~ary for responsible alcoholic beverage service shall include. but not be limited to the following topics and skills development: e) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. 1) 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 conswnption of alcoholic beverages. g) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. h) 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: 3) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone: (714) 558-6482 4) 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 17. 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 A.M 18. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of the Code ofthe 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. 19. 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. 20. All alcoholic beverages sold in conjunction with the on-premise licensed establislmlent must be consumed entirely on the premises prior to closing time, and none shall be sold as take-out. 21. 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. 22. Conditional Use Permit /to 1-16 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. 4 CUP 01-16 Plannmg CommissIOn ResolutlOlI 01-51 23. The establishment must serve a complete menu offood until thirty (30) minutes prior to closing time. 24. 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 arc consistent with the license conditions imposed by the State of Caliiornia Department of Alcoholic Beverage Control 25. The proposed facility shall comply with Chapter 13D, "Noise Control", of the Code of the City of Seal Beach as the regulations of that Chapter now ex ist 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 noisc levcl to comply with the provisions of Chapter 13D. 26. The knowledge and skills deemcd necessary ior responsible alcoholic beverage service as sct forth in this resolution, shall include for on-premise licensed locations, but not be limited to the following additional topics and skills development: c) Methods to appropriately pace customer drinking to reduce the risk that the customer will not leave the premises in an intoxicated manner. d) Knowledge ofmixology, including marketable alternatives to alcoholic beverages. 26. The term of this permit shall be twelve (12) months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 01-16. The Planning Commission may grant an indefinite extension 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 an indefinite permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of December, 2001, by the following vote: AYES: Commissioners Hood, Cutuli, Brown, Sharp, Ladner NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners f)a Id Hood, Ph.D. Chairman of the Planning 5