HomeMy WebLinkAboutPC Res 01-48 - 2001-12-05
CUP 01-14
Planning Commission Resolution 01-48
RESOLUTION NUMBER 01-48
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 01-14,
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
(DAPHNE'S) AT 12420 SEAL BEACH BOULEVARD,
(OLD RANCH TOWNE CENTER)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOL VB:
Section I. On October 17th, 2001, George Katakilidis of Fiji Enterprises, (the
"Applicant") filed an application with the Department of Development Services for Conditional
Use Permit 01-14. 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 (Daphne's)
at 12420 Seal Beach Boulevard.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a) and ~~ II.C and III
of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental
Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old
Ranch Towne Center Development Plan and related 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 Environmentallmpact
Report was reviewed by the Planning Commission at a public hearing held on September 9,
October 21, and November 4, 1998. After thc 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 (EIR) 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 the August 3, 1999 writ issued by the Orange
County Superior Court. The approval of this resolution is within the scope of thc project
analyzed in the Final EIR, 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 01-14.
Section 4.
The record of the hearing of December 5, 2001 indicates the
following:
(a) On October 17, 2001, George Katakilidis (the "Applicant") filed an
application with the Dcpartment of Development Services for Conditional Use Permit 01-14.
(b) A conditional use pennit is required to allow on site consumption of
alcoholic beverages and to allow for the provision of outdoor seating for a restaurant business
(Daphne's) at 12420 Seal Beach Boulevard.
CUP 01-14
Planning Commission ResolutlOll 01-48
(c) The applicant is proposing to provide a maximum of 16 outdoor seats in
conjunction with a new restaurant business, on property located on the east side of Seal Beach
Boulevard, in what is commonly referred to as the "Bixby Old Ranch Towne Center."
(d) The proposed development is located in the General Commercial (C-2)
zone within the Old Ranch Towne Center, a 26.045-acre commercial shopping center site located
at the northeast corner of Seal Beach Boulevard and St. Cloud.
(e) 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 center is currently being developed.
Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market;
Sav-On Drugstore; and Islands Restaurant.
(1) Surrounding land uses and zoning arc 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 ofland 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. 01-14 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 on site consumption of beer and wine, as well as outdoor food service areas
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.
(b) The building and property at the subject site of the Old Ranch Towne
Center arc 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; Sav-On Drugstore; and Islands Restaurant. The proposed development
plan complies with all City standards regarding minimum lot size, 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 ofthe surrounding area. Adherence to conditions of
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Plannmg CommisslOll Resolution 01-48
approval placed on the use by the City of Seal Beach should mitigate any negative impacts to
neighboring residential propcrties.
Section 6. Based upon the foregoing, the Planning Commission hcrcby
approves Conditional Use Permit 01-14, subject to the following conditions:
1. Conditional Usc Pcrmit 01-14 at 12420 Seal Beach Boulevard is approved for an onsite
alcohol land usc to scll bcer and wine only, and an outdoor food service area, with a
maximum of 16 outdoor seats at four separate 4-person tables located adjacent to the
storefront.
2. Maintain a minimum of a 5- foot clear pedestrian path betwccn thc proposed exterior seats
and tables and any adjacent structure columns.
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 Development Services.
5. In the event statT determines security problems exist on the site, the Conditions of this
pcrmit may be amended, under the procedures of The Code of the City of Seal Bcach, to
require the provision of additional security measures.
6. A modification of this Conditional Use Pcrmit shall be applied for when:
d. The cstablishment proposes to change the type, number or general location of the
outdoor seating area.
e. The establishment proposes to modify any of its current Conditions of Approval.
f. 1l1ere is a substantial change in the mode or character of operations of the
establishment.
7. This Conditional Use Permit shall not become etTective 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 tor 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 thc outdoor dining area does not create a
public nuisance contrary to public welfare and morals.
9. Thc applicant shall comply with all restrictions placed upon the license issued by thc
State of Calitornia 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 Departmcnt of Alcoholic Beverage
Control. This shall be done as soon as the license is received by the applicant from thc
State of Cali fomi a Department of Alcoholic Beverage Control.
11. The hours of operation shall be 11 :00 AM to 11 P.M. daily.
12. All alcoholic beverages must be consumed within the building, structure, or the outdoor
patio area.
13. No video games or similar amusements shall be permitted on the premises.
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.
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Plannmg CommISsion Resolution 01-48
15. The establishment shall have a public telephone listing.
16. It shall be the responsibility ofthe applicant/licensee to provide all employees that sell or
servc 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 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 oflegal operations and penalties for violations of these laws.
f) 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.
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 crileria:
3) Department of Alcoholic Bevemge Control L.E.A.D. Program
Telephone: (714) 558-6482
4) Orange County A.D.E.P.T. Program, for referral to either thc 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 reservcs the right to revoke or modify this Conditional Use
Permit pursuant to Articles 25 and 28 ofthe 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.
19. This Conditional Use Permit shall become null and void unless exercised within one (I)
year of the date of fmal approval, or such extension of time as may be granted by the
Planning Commission pursuant to a wrilten 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 establishment
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 prcmiscs is prohibited by law.
22. Conditional Use Permit #01-14 shall be automatically tcrminated if the operation is no
longer maintained as a "bona fide public eating place" as defined by the California
Department of Alcoholic Beverage Control.
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Planning Commissioll ResolutlOll 01-48
23. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
24. There shall be no live entertainment, amplified music, or dancing pennitted on the
premises at any time, unless specifically authorized by a conditional use pennit issued by
the City and unless such uses arc consistent with the License conditions imposed by the
State of California 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 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 pennit for reconsideration
and may require the applicant/operator to mitigate the noise level to comply with the
provisions of Chapter 13D.
26. The knowledge and skills deemed necessary for responsible alcoholic beverage service as
set 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.
27. The tenn of this permit shall be twelve (12) months. At the end of the initial tenn, the
applicant may apply to the City for an extension of Conditional Use Pennit 01-14. 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 pemlit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 51h day of December. 2001, by the following vote:
AYES: Commissioners
Hood, Cutuli, Brown, Sharp, Ladner
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
~
David Hood, Ph.D.
Chainnan of the Planning Commission
Whittenberg
ecretary of the Planning Commissi
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