HomeMy WebLinkAboutPC Res 01-44 - 2001-10-03
RESOLUTION NUMBER 01-44
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT NO. 01-12, APPROVING SALE OF
LIQUOR IN CONJUNCTION WITH A
REST AURANT OPERATION ON PROPERTY
LOCATED ON PARCEL 5 OF TRACT 15767
(BIXBY OLD RANCH TOWNE CENTER)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On August 15, 200 I, Urban Solution, Inc. (the "Applicant")
filed an application with the Department of Development Services for Site Plan Review
01-3 and Conditional Use Permit 01-12. The applicant is proposing to build a single-
story, 5,155 squarc foot Islands Restaurant, on property located on the east side of Seal
Beach Boulevard, approximately 960 feet north the intersection of St. Cloud and Seal
Beach Boulevard.
Section 2. Pursuant to 14 Calif. Codc of Regs. ~ 15025(a) and ~~ ILC
and III of the City's Local CEQA Guidclincs, statf prepared an Initial Study and a Draft
Enviromnental Impact Report (DEIR). to study the environmental impacts arising from
the proposed Bixby Old Ranch Towne Center Dcvelopmcnt Plan and relatcd Gcncral
Plan amendments. The DEIR was circulated for public review and commcnt from April
15, 1998 to May 29, 1998, in compliance with the provisions of the California
Environmcntal Quality Act (CEQA) and thc 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 Rcsolution 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 tcstimony thcrcto 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 statcmcnt of
overriding considerations. On August 23, 1999, the City Counc11 conducted a public
hearing to consider revisions to the EIR and a statement of overnding considerations
pursuant to thc August 3, 1999 writ issucd by the Orange County Superior Court. The
approval of this resolution is within the scope of the project analyzed in the Final EIR, as
revised, and City Council Resolution No. 4728 is hercby incorporated by this reference.
Section 3. A duly noticed public hearing was scheduled before the
Planning Commission on October 3, 2001, to consider the application for Conditional
Use Pennit 01-12.
Section 4.
thc following:
The record of the hearing of September 6, 2000 indicatcs
(a) On August 15, 2001, Urban Solution, Inc. (the "Applicant") filed
an application with the Department of Development Services for Site Plan Rcvicw 01-3
and Conditional Usc Pcrmit 01-12.
(b) The applicant is proposing to build a singlc-story, 5,155 square
toot Islands Restaurant, on prope1ty located on the east side of Seal Beach Boulevard,
approximately 960 fcct north thc intcrscction ofSt. Cloud and Seal Beach Boulevard.
C \My D<><.umcnlsIRESOlCUP 01-12 (Islands Restallldlll) PC Rc<o doelLW\1 0-03-01
Planml/g CommisSlOll ResolutlOll 01-44
COl/dltlOnal Use Permit 01-12
Islands Restaurant
October 3,2001
(c) The proposed development is located in the General Commercial
(C-2) zone within the Old Ranch Towne Center, a 26.045-aere commercial shopping
center site located at the nOltheast comer of Seal Beach Boulevard and St. Cloud. The
subject property is loeatcd, at the northerly portion of the shopping center site havmg
approximately 150 feet of frontage on Seal Beach Boulevard.
(d) The commercial shopping center includes 286,967 square feet of
retail commercIal floor area separated into numerous building pads, which includes an
outdoor nurscry service arca of approximately 10,000 square feet attached to one of those
retail sites, approximately 1,564 parking spaces and landscaping. The center is currcntly
being developed. Major tenants within the shopping center include: Target; Bed, Bath &
Beyond; Ralph's Market; and Sav-On Drugstore.
(e) Surrounding land uscs and zoning are as follows:
North - World Savings bank building as part of Old Ranch Towne
Centcr in the General Commercial (C-2) zone. To the north of the
shopping center is a 75-10t residential developmcnt being
constructed by Centex Homes, in the Residential Mediwn Density
(RMD) zone.
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) zonc is the Rossmoor Center development, in the City of
Seal Beach.
(t) The City Council has approvcd 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.
(g) The City Council approved "Mitigation Monitoring Program"
establish a number of specific action measurcs, which have been proposed to reduce the
identified environmental impacts to a level of msignificance in relation to this
development application. The applicoble mitigation measures arc conditions of approval
for the accompanying Site Plan Review 01-3 relating to this project, and are set forth in
Plmming Commission Resolution 01-42 (56 mitigation measures).
(h) Alcoholic Beverage Control was contacted by staff during the
review process of this case, and the following information was gathered regarding tlle
census tract 1100.12, the tract in which the subject propeI1y is located. The following
table indicates the current ABC licensing regulations and pennits issued:
Population On Sale On Sale Off Sale Off Sale
1990 Allowed Have Allowed Have
5024 6 3 (4)* 4 0(2)**
*
This applicatIon would approve a fourth on-sale lIcense within the census tract
**
The OfT-Sale hcenses are the previously approved Ralph's Market and Sav-On Drug
Store also within Old Ranch Towne Center.
(1) The nearest homes to the requested land use arc north of the
shopping center, approximately 210 fect and separated from those residential uses by
another eommcrcial structure tlmt is to be occupied by World Bank. The proposed
CUP 01-12 (Islands RCs~1umnt) PC Reso
2
Planning Commission Resofu/lOn 01-44
ConditIOnal Use PermIt 01-12
Islands Restauran/
October 3. 2001
oricntation of the rcstaurant is on thc south sidc ofthc structurc, away from thc rcsidential
development.
(j) The proposed restaurant development plan complies with all City
standards regarding minimum lot si7e, building setbacks, lot coverage, building hcight,
landscaping, and parking requirements.
Section 5. Based upon thc facts containcd in the record, including
those stated in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings:
a. Conditional Use Permit No. 01-12, a request to permit thc on-
premisc sale ofbecr, wine, and liquor in conjunction with the proposed Restaurant withm
the Old Ranch Towne Center project 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 restaurants scrving alcoholic bevcragcs 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 clements arc consistent with,
and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with
the General Plan.
b. Subject to the proposed conditions of approval, the proposed use of
the property as a rcstaurant serving alcoholic beverages will be compatible with
surrounding uses and will not be detrimental to the surrounding neighborhood. As the
proposed location of the restaurant is approximately 210 feet from the ncarcst residcntial
uses, staff is not recommending any spccific noise related conditions at this time, other
than the hours of operation requested by the applicant, and the hours of outside disposal
included as standard conditions.
c. The proposed style, height and bulk of the proposed structure is
consistent with surrounding commercial uses, which include an existing shopping center
in the same zoning area as the subject property, surrounding this property on all sides.
d. As approved by the City Council, there are sufficient mitigation
measures adopted by the City Council to ensure compatibility of the entire commercial
development in this commercial area with adjoining land uses. The subject shopping
center development and the sitc proposed for the restaurant development exceeds all
standard development requirements of the City related to lot size, setbacks, lot coverage,
building heIght, off-street parking, and landscaping. Thcrefore, thc site is adequate in
size, shapc, topography and location to meet the needs of the proposed use of the
property as a restaurant with alcohohc beveragc sales.
e. Subject to the proposed conditions of approval, the proposed land
use entitlement for the on premise sale of beer, wine, and liquor in conjunction with
rcstaurant operation will be compatible with surrounding uses and will not be detrimental
to the surrounding neighborhood. As the shopping center is sufficiently sercened from
adjoining uses by landscaping and the adjoining uses arc a golf course and office and
commercial development located across Seal Beach Boulevard, with the nearest
rcsidential development being approximately 210 feet away, staff is not recommending
any specific noise related conditions at this time.
f. Required adherencc 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 Planning Commission
hereby approves Conditional Use Pennit No. 01-12, subject to thc following conditions:
1. Conditional Use Permit 01-12 at Parcel 5 of Tract 15767 is approved for
Department of Alcoholic Beverage Control (ABC) license Type 47, Alcohol
Salcs & Scrvice.
CUP 01-12 (I.land. Resl.lUlllIll) PC Reso
3
Plallning COllllllMSioll Resolu/lOn 01-44
ConditlO/1a1 Use Pel nllt 0 J - J 2
Islands Restaurant
October 3, 2001
2. The applicant shall comply with all restrictions placed on the license issued by the
State of California's Department of Alcoholic Beverage Control (ABC). This
shall be done as soon as the license is received by the applicant from ABC.
3. The applicant shall comply with all City Conditions of Approval as set forth in
Planning Commission Resolution No. 01-42.
4. All alcoholic beverages sold in conjunction with the on-premise-licensed
establishment must be consumed entircly on the premises prior to closing time.
None shall bc sold as take-out. Consumption of alcoholic beverages is prohibited
in the establishment's parking area or any adjoining non-approved seating areas.
There shall be posting of signs both inside and outside the licensed premises
indicating that law prohibits drinking outside the licensed premises.
5. It shall be the responsibility of the applicant/licensee to provide all employees that
sell or serve alcoholic beverages with the knowledge and skill enabling them to
comply With their responsibilities under State of California law.
6. The knowledge and skills deemed necessary for responsible alcoholic beverage
scrvice shall include, but not be limited to the following topics and skills
development:
a. 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.
b. 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 beveragcs.
c. Alcohol as a drug and its effects on the body and behavior, including the
operatIOn of motor vehicles.
d. Methods of dealing with intoxicated customers and recognizing under age
customers.
7. The following organizations providc training programs, which comply with the
above criteria:
a.
Providcr:
Program:
Telephone:
Date:
Time:
Cost:
Place:
b.
Provider:
Program:
Telephone:
Cost:
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
I hi Monday of each month
10:00 a.m. to 1 :00 p.m.
Free
ABC, 28 Civic Center Plaza, Room 369 Santa Ana
Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
California Coordinating Council for Responsible Beverage
Service (C3RBS)
(714) 834-2860 * Karen Keay
$12.00 per person * Tax Deductible
For special events training
c.
Provider:
Program:
CUP 01-12 (Island. RL...launml) PC Reso
Orange County Health Care Agency
Project Path
4
PIWl1l1/1g ComnlLmOIl ResolutlOlI 01-44
COllditlOllal Use PermIt 01-/2
Islands Restaurant
October 3, 200/
Telephone:
Cost:
(714) 895-9088 * Irene G1enday
Free
8. The hours of operation shall be 11:00 AM to 12:00 AM, Sunday through
Thursday and] I :00 AM to I :00 AM, Friday and Saturday
9. No video games or similar amusements shall be pcrmitted on thc premises.
to. There shall be no exterior advertising of any kind or type, including advcrtising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages.
II. Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while not unreasonably disturbing sun'ounding
commercial areas.
12. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Director of
Dcvelopment Services.
13. The establishment shall have a public telephone listing.
14. 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 appropriatc basis so as not to cause health problems. There shall
be no dwnping of trash and/or glass bOllles outside the establishment between the
hours of 11:00 p.m. and 7:00 a.m.
15. In the event staff detennines security problems exist on the site, the Conditions of
this pennit may be amendcd, under the procedures of The Code of the Citv of
Seal Beach, to require the provision of additional security measures.
16. Conditional Use Pcrmit 01-12 shall be automatically terminated ifthe operation is
no longer maintained as a "bona fide public eating place" as defined by the ABC
and as audited by the City staff.
17. The establishment must serve a complete menu of food until thirty (30) minutes
prior to closmg time.
18. A grease trap shall be provided for the restaurant in accordance with the standards
of the Orange County Health Department.
19. There shall be no live entertainment, amplified music, or dancing pennitted on the
premises at any time, unless specifically authorized by a Conditional Usc Permit
issued by the City and unless such uses arc consistent with the license conditions
imposed by ABC or a Special Activities pennit is issued to the applicant by the
City.
20. 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 regardmg noise generated
by the establishment, the Planning Commission reserves the right 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.
21. A modification ofthis Conditional Use Pennit shall be applied tor when:
a. The establishment proposes to change Its type of liquor license.
CUP 01-12 (Istand.. Rc.lauldnt).PC Roso
5
Planlllng CommL~sioll ResolutlOll 01-44
COllditlOllal U5e Permit 01-12
l~lalld~ Restaurallt
Oc/ober 3, 2001
b. The establishment proposes to modify any of its eurrent Conditions of
Approval.
c. There is a substantial change in the mode or character of operations of the
establishment.
22. The Planning Commission reservcs the right to revoke or modify this Conditional
Use Permit pursuant to Articles 2S and 28 of The Code of the City of Seal Beach
ifhann or retail-related problems are demonstrated to occur as a result of criminal
or anti-social bchavior, ineluding but not limited to the congregation of minors,
violence, public drunkenness, vandalism, solicitatLOn and/or litter.
23. This Conditional Use Pennit 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.
24. This Conditional Use Pennit shall not become effective for any purpose
unless/until a City "Acceptance of Conditions" fonn 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.
25. The term of this pennit shall be twelve (12) months. At the end of the initial
tenn, the applicant may apply to thc City for an extension or Conditional Use
Pennit 01-12. The Planning Commission may grant an indefinite extension
provided that all Conditions of Approval have been met and no sigruficant 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 indcfmite pennit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City o[Seal Beach at a meeting thcreofheld on the 31d day of October, 2001,
by the following vote:
AYES: Commissioners
Brown, Cutuli, Hood and Sharp
NOES: Commissioners
ABSENT: Commissioners
Ladner
ABSTAIN: Commissioners
David Hood, Ph.D.
Chainnan of the Planning
e Whittenberg
Secretary of the Planning Commission
('UP 01-12 {I.land. R""ldulanl).PC Reso
6