HomeMy WebLinkAboutPC Res 01-16 - 2001-04-18
RESOLUTION NUMBER 01-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO. 99-12
(INDEFINITE EXTENSION), APPROVING AN INDEfINITE
EXTENSION OF A PREVIOUSLY APPROVED ALCOHOL
RELATED LAND USE FOR THE ON PREMISES SALE OF
BEER AND WINE IN CONJUNCTION WITH A
RESTAURANT, LAYLA'S CAFE, AT THE PROPERTY
LOCATED AT 13956 SEAL BEACH BOULEVARD.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY fIND
AND RESOLVE:
Section 1. On March 15, 2001, frank Tahvildari (thc "Applicant") filcd an
application with the Departmcnt of Development Services for Conditional Use Permit 99-12
(Indefinite Extension), applying for an indefinite extension of a previously approved alcohol
related land use at the property located at 13956 Seal Beach Boulcvard. Specifically, the
applicant is rcquesting the ability to scll beer and wine for on-premises consumption only, and
within an enclosed outdoor dining area.
Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and ~ll(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP
99-12 (Indefinite Extension) for the proposed interior remodcling is catcgorically exempt from
rcview pursuant to the California Environmental Quality Act pursuant to 14 California Code of
Regulations ~15301 (Minor Alterations in Land Use Limitations), because the proposal involvcs
a negligible expansion of an existing usc; 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 of20% slope or a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on April 18, 2001, to consider the application for CUP 99-12 (Indcfinitc Extcnsion).
At the public hearing no one spoke in favor ofthc rcqucst and no one spoke in opposition.
Section 4.
The record of the hearing of April 18, 2001 indicates the
following:
(a) On March 15, 2001 Frank Tahvildari submitted an applieation for CUP
99-12 (Indefinite Extension) with the Department of Devclopment Scrviees.
(b) Specifically, the applicant is proposing to be able to sell beer and wine for
on premises eonsumption only.
(c) The subject restaurant contains approximately 1950 squarc feet.
(d) The subject property is legally described as Orange County assessor's
parcel number 095-641-45.
(e) The subject property contains an existing shopping center, which includes
a supermarket, bank, law oftices, and other commercial businesses.
(f) The proposed restaurant is a full service restaurant that sells an ass0l1ment
of non-alcohol ic beverages as well as the proposcd bcer and wine.
(g) The subject property meets all of its parking requirements through on-site
parking within the center.
(h) The surrounding land uses and zoning are as follows:
NORTH & WEST Rcsidential Housing in Leisure World, ill a
Residential High Density (RHD) zone.
Plannmg Conmll.5sioll ResolutIOn No 01-16
CUP 99-12 (Indefillite ExtellslOlI) 13956 SBB
Ltlyla's Cafe
Apl'llI8,2001
EAST
Naval Weapons Station Seal Beach in a Public Land
Usc/Recrcation (PLU/R) zone.
SOUTH
Boeing Facility in a Light Manufacturing (M-1)
zone and commercial businesses in a General
Commercial (C-2) zonc.
Section 5. Based upon the facts contained 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:
. Conditional Use Pennit 99-12 (Indefinite Extension) is consistcnt with the
provisions of the Land Use Elemcnt of the City's General Plan, which provides a
"Servicc Commercial (C-1)" zoning designation for the subject property and
permits restaurants to serve alcoholic beverages subject to the issuance of a
conditional usc pennit. 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 proposcd use is eonsistent
with the General Plan.
. The building and property at 13956 Seal Beach Blvd. are adequate in size, shape,
topography and location to meet the needs of the proposed use of the property and
the proposed outdoor dining area.
. Required adherence to applicable building and firc codcs cnsures there will be
adequate water supply and utilities for the pro~osed use.
Section 6.
approves Conditional Usc
conditions:
Based upon the foregoing, thc Planning Commission hereby
Pennit 99-12 (Indefinite Extension), subject to the following
1. CUP #99-12 (Indefinite Extension) is approved for the sale of Beer & Wine for on-premises
consumption at 13956 Seal Beach Blvd.
2. The applicant shall comply with all restrietions 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 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 California Department of Alcoholic Bcverage Control.
4. The hours of operation shall be 7:00 AM to 10 P.M. daily.
5. No video games or similar amusements shall be permitted on the premises.
6. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promotJ.ng or indicating the availability of alcoholic beverages.
7. The applicant will prominently display these conditions of approval in a location within thc
business's customer area that is acceptable to the Director of Dcvc10pment Services.
8. 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 ofthe
Director of Development Serviccs, or llotmized and returned to the Planning Department;
and until the ten (10) day appeal period has elapsed.
9. A modification of this Conditional Use Pcrmit shall be obtained when:
a) The establishment proposes to change its type ofhquor license.
Plal/Illng CommISSIOn ResolutIOn No 01-16
CUP 99-12 (Indejilllte Extensiun) 13956 SBB
1.a.../a 's Cafe
AprillB,2001
b) The establishment proposes to modify any of its currcnt conditions of approval.
c) There is a substantial changc in the mode or character of opemtions of the establishment.
10. 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.
11. In the event staff detennines sccurity problems exist on the site, the conditions of this pcnnit
may be amended, under the procedures of the Seal Beach Municipal Code, to require the
provision of additional security measures.
12. The establishment shall have a public tclcphone listing.
13. 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 dcemed necessary for responsible alcoholic bcvcragc scrvice shall
include, but not be limited to the following topics and skills dcvelopment:
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 ofthcse laws.
b) The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beveragcs to patrons who may subsequently injure, kill, or harm
themselves or innocent victims. as a result ofthe exccssive 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 rceognizing underage
customers.
The following organizations have been identified by the State Department of Alcoholic
Bcvcragc Control as providing training programs which comply with the abovc criteria:
1) Department of Alcoholic Bcvcrage Control L.E.A.D. Program
Tclcphone: (714) 558-6482
2) Orange County A.D.E.P .1'. Program, for referral to either thc B.A.D.D. or T.I.P .S.
Program.
Tclephonc: (714) 568-4187
14. Littcr 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
appropnate basis so as not to cause a health problem. There shall be no dumping oftrash
and/or glass bottles outside the establishment betwecn thc hours of 10:00 P.M. and 7:00 A.M
15. The Planning Commission reserves the right to revoke or modify this Conditional Use Pennit
pursuant to Articles 25 and 28 of the Code of the Citv of Seal Beach ifhann or retail related
problems are demonstrated to occur as a result of criminal or anti-social behavior, including
but not limited to the eongregation of minors, violenee, public drunkenness, vandalism,
solicitation and/or litter.
16. This Conditional Use Pennit shall become null and void unless exercised within one (1) year
ofthe date of final approval, or such extcnsion of time as may be granted by the Planning
Commission pursuant to a written request for extension submitted to thc Department of
Development Services a minimum of ninety (90) days prior to such expiration date.
P/tIIlnlllg Cummission ResolllllOll No. 01-16
CUP 99-12 (Indefinite Extension) 13956 SBB
Lay/a's Cafe
Apn/ 18. 2001
17. All alcoholic beverages sold in conjunction with thc on-premise licensed establishment must
bc consumed cntircly on the premiscs prior to closing time, and none shall be sold as take-
out.
18. 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.
19. Conditional Use Permit #99-12 (Indefinite Extension) 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.
20. The establishment must scrve a complete menu of food until thirty (30) minutes prior to
closing time.
21. There shall be no live entertaimnent, amplified music, or dancing permitted on the premises
at any time, unlcss specifically authorizcd by a conditional use pernlit issued by the City and
unlcss such uses are consistent with the license conditions imposed by the State of California
Department of Alcoholic Beverage Control.
22. Whenever the outdoor dining arca is bcing 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.
23. Any aleoholic beverages sold to customers utilizing the outdoor dining space shall be served
in bottles or glass containers only.
24. The proposed facility shall comply with Chapter 130, "Noisc Control", of the Code ofthe
Citv of Scal Beach as thc regulations of that Chapter now exist or may hereafter be amended.
Should complaints be received regarding noises generated by the faeility, the Planning
Commission reserves the right to schedule the subject pcnnit 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 scrvice as set
forth in Condition No. 13, shall include for on-premise licensed loeations, but not be limited
to thc 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
bevcragcs.
PASSED, APPROVED AND ADOPTED by the Planning Commission ofthc City of Seal Beach
at a meeting thereof held on thc 18th day of April, 2001, by the following vote:
AYES:
Commissioners Hood, Cutuli, Brown, Sharp, Ladner
NOES:
Commissioners
ABSENT:
Commissioners
e Whittenberg
Secretary of the Plann10g Comm'ssion
Planning Commisi>'ion ResolutIOn No 01-16
CUP 99-12 (indefinite ExtenSIOn) 13956 SBB
Layla's Cufe
April 18. 2001
<<Z ./l/L /
David Hood,PhD,' /
Chairman of the Planning Commission