HomeMy WebLinkAboutPC Res 02-07 - 2002-02-20
RESOLUTION NUMBER 02-7
ORIGINAL
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACI-I APPROVING CONDITIONAL USE
PERMIT NO. 02-2, APPROVING SALE OF
LIQUOR IN CONJUNCTION WITH A
REST AU RANT (MACARONI GRILL)
OPERATION ON PROPERTY LOCATED ON
PARCEL 6 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 January 17, 2002, Robert Grosse (the "Applicant") filed
an application with thc Department of Development Services for Site Plan Review 02-2
and Conditional Use Pennit 02-2. The applicant is proposing to buIld a single-story,
7,417 square foot Islands Restaurant, on property located on the east sidc of Seal Bcaeh
Boulevard, approximately 650 feet north the intersection of St. Cloud and Seal Beach
Boulevard.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 99 lLC
and HI of the City's Local CEQA Guidelines, staITprepared an Initial Study and a Draft
Environmental Impact Report (DEIR), to study the environmental impacts arising from
thc proposed Bixby Old Ranch Towne Center Development Plan and related Gcncral
Plan amendments. Thc DEIR was circulatcd for public review and comment from April
15, 1998 to May 29, 1998, in compliance with the provisions of the California
Enviromnental Quality Act (CEQA) and the City's Local CEQA Guidclines. Upon
completion of the public review period, a Final Enviromnental 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 Plamung Commission Resolution No. 98-37 that the Bixby Old
Ranch Towne Center Development Plan Final Environmental Impact Report (ElR) is
adcquatc undcr CEQA. After considering the Final ElR and public te5timony thereto at a
public hearing on November 9 and November 17, 1998, the City Council adoptcd City
Council Resolution No. 4660, certifYing thc 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. Thc
approval OfthlS resolution is within the scopc ofthc project analyzed in the Final ElR, 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 February 20, 2002, to consider the application for Conditional
Use Permit 02-2.
Section 4.
the following:
The record of the hearing of February 20, 2002 indicates
(a) On January 17, 2002, Robert Grosse (the "Applicant") filed an
application with the Department of Development Scrvices for Site
Plan Review 02-2 and Conditional Use Pennit 02-2.
1
Plannlllg COIIIIIII.ISIOII ResolutlOll No. 02-7
CondlllOllal Use Permit 02-2 - MlIclIruni Gnll
FebruUlY 20.2002
(b) The applicant is proposing to build a single-story, 7,417 square
foot Macaroni Gnll Restaurant, on property located on the east
side of Seal Beach Boulevard, approximately 650 fcct north the
intersection orst. Cloud and Scal Beach Boulevard.
(c) The proposcd dcvclopment is located in the General Commercial
(C-2) zone within the Old Ranch Townc Center, a 26.045-acrc
commercIal shopping center site located at the northeast comer of
Seal Beach Boulevard and St. Cloud. The subject property is
located in the middle portion of the shopping center site having
approximatcly 108 feet of frontage on Seal Beach Boulevard.
(d) The commercial shopping center includes 286,967 square feet of
rctail commercial floor area separated into numerous bUIlding
pads, which includes an outdoor nurscry scrvice area of
approximately 10,000 square teet attached to one of those retail
sites, approximately 1,564 parking spaces and landscaping. Thc
center is currently being developed. Major tcnants within the
&hopping center includc: Targct; Bed, Bath & Beyond; Ralph's
Market; and Sav-On Drugstore.
(e) Surrounding land uscs and zoning are as follows:
North - World Savings bank building & Islands rcstaurant as part
of Old Ranch Towne Center in the General Commercial (C-2)
zone. To the north of the shopping center is a 75-lot rcsidcntial
development being constructed by Centex Homes, in the
Residential MediUm Density (RMD) zone.
South & East - remaming 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.
(f) The City Council has approved requcsts by thc Bixby Ranch
Company for Gcncral 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 COnf0I111 to the proposed uscs of land set forth in
this application.
(g) The CIty Council approvcd "Mitigation Monitoring Program"
establish a number of specific action measures, which have been
proposed to reduce the identified environmental impacts to a lcvel
of insignificance in relation to this development applicatIOn. Thc
applicable mitigation mcasures are conditions of approval for the
accompanying Site Plan Review 02-2 relating to this project, and
are sct forth in Planning CommiSSIon Resolution 02-8 (56
mitigation measures).
(h) Alcoholic Beverage Control was contacted by staff during the
revicw proccss of this case, and the following information was
gathered regarding the census tract 1100.12, the tract in which thc
subject property is located. Thc following table indicates the
currcnt ABC liccnsing regulations and penmts issued:
2
Planning CommissIOn Resolution No. 02-7
Conditional Use Penn1l 02-2 - Macaroni G,'ill
Febl limy 20, 2002
Population On Sale On Sale OITSale Off Sale
1990 Allowed Have Allowed Have
5024 6 4* 4 2**
*
This appltcation would approve a fifth on-sale hcense within the census tract
**
The Off-Sale Itccnscs are the previously approved Ralph's Market and Sav-On Drug
Store also withm Old Ranch Tuwne Center.
(i) The nearest homes to the requested land use are north of the
shoppmg center, approximately 520 feet and separated from those
residential uses by another commercial structure that is to be
occupied by World Bank, as well as another structure to be
operated by Island:; Restaurant. The proposed orientation of the
restaurant is on the south side of the structure, away from the
residential development.
G) The proposed restaurant development plan complies with all City
standards regarding minimum lot si.te, building setbacks, lot
coverage, building height, landscaping, and parking requirements.
Section 5. Based upon the facts contained in the record, ineluding
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 Pennit No. 02-2, a request to penmt the on-premise sale
of beer, wine, and liquor in conjunction with the proposed Restaurant
within 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 subjcct property and
pennits restaurants serving alcoholic beverages subject to the issuance of a
conditional use pcnnit. The use is also consistent with the remaining
clements of the City's General Plan, as the policies of those elements arc
consistent with. and rel1ected in, the Land Use Elcmcnt. Accordingly, the
proposed use is consistent with the General Plan.
b. Subject to the proposed conditions of approval, thc proposed use of the
property as a restaurant 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
520 feet from the nearest residential uses, staff is not recommending any
specific noise related conditions at this time, other than the hours of
operation rcquested 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 thc subject property, surrounding this
propelty 011 all sides.
d. As approved by the City Council, there arc 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 site proposed for the
restaurant devclopmcnt exceeds all standard development requirements of
the City related to lot size, setbacks, lot coveragc, building height, off-
street parking, and landscaping. Therefore, the site is adequate in size,
shape, topography and location to meet the needs of the proposed use of
the property as a restaurant with alcoholic beverage sales.
3
Plannmg Commi.mon ResolutIOn No. 02-7
ConditIOnal Use Pennlt 02-2 - MlIcaroni Gnll
February 20, 2002
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 restaurant operation will be compatible with surrounding uses and
will not be detrimental to the surrounding neighborhood. As the shopping
center is sufficiently screened from adjoining uses by landscaping and the
adjoining uses are a golf course and office and commcrcial development
located across Seal Beach Boulevard, with the nearest residential
development being approximately 650 feet away, staff is not
recommending any specific noisc rclated conditions at this hme.
f. Required adherence to applicable building and fire codes will ensurc there
will bc adequate water supply and utIlities for the proposed use.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit No. 02-2, subject to the following conditions:
1. Conditional Use Pennit 02-2 at Parcel 6 of Tract 15767 is approved for
Department of Alcoholic Beverage Control (ABC) license Type 47, Alcohol
Sales & Service.
2. The applicant shall comply with all restrictions placed on the license lssued 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 Commis&ion Resolution No. 02-8.
4. All alcoholic beverages sold in conjunction with the on-premise-licensed
establishment must be consumed entirely on the premises prior to closing time.
None shall be sold as take-out. Conswnption 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 outsidc the licensed premises
indicating that law prohibits drinking outside the licensed premises.
5. It shall be the responsibility of the applieant/licensce to provide all employees that
sell or serve alcoholic beverages with the knowledge and skill enabling them to
comply with their responsibilitics under State ofCaliforrua law.
6. The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limited to the followmg 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 mjure, kill,
harm themsclves or innocent victims as a result of the excessive 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 of dealing with intoxicated customers and reeogmzing under age
customers.
7. The following organizations provide training programs, which comply with the
above criteria:
4
a.
Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
b.
Provider:
Program:
Telephone:
Cost:
Plan/Illig Commission ResolutIOn No 02-7
COIulltional Use Penn it 02-2 - Macaroni Grill
February 20, 2002
Department of Alcoholic Beveragc Control
Liccnscc Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1 sl Monday of each month
10:00 a.m. to J :00 p.m.
Free
ABC, 28 Civic Ccntcr Plaza, Room 369 Santa Ana
Orange Countv Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
California Coordinating Council tor Responsible Beverage
Service (C3RBS)
(714) 834-2860 * Karen Keay
S 12.00 per person * Tax Deductible
For special events training
c.
Provider:
Program:
Telephone:
Cost:
Orange County Health Care Agency
Project Path
(714) 895-9088 * Ircne Glenday
Free
8. The hours of operation shall be 11:00 AM to 11:00 PM, seven days a week.
9. No video games or similar amusements shall bc pennittcd on the premises.
10. There shall be no extcrior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages.
11. Exterior lighting in the parking arca shall be kept at a level so as to provide
adcquate lighting for patrons while not unreasonably disturbing surrounding
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
Development 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 appropnate basis so as not to cause health problems. There shall
be no dumping of trash and/or glass bottles outside the establishment between the
hours of 11 :00 p.m. and 7 :00 a.m.
15. In the event staff determines security problems exist on the site, the Conditions of
this pennit may be amended, under the procedures of The Code of the City of
Scal Beach, to require the provision of additional security measures.
16. Conditional Use Pennit 02-2 shall be automatically tenninated if the operation is
no longer maintained as a "bona fide public eating placc" as detined 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 closing time.
18. A grease trap shall be provided for the restaurant in accordance with the standards
of the Orange County Health Department.
5
P/a1/1/lIIg CO/l!lIl1SSlOn Resollltion No. 02-7
Conditumal Use Pel71l1t 02-2 - Maca/"Oll/ Grill
Febl1lwy 20. 2002
19. There shall be no live entertainmcnt, amplified music, or dancing pennitted on the
premises at any time, unless specifically authorized by a Conditional Use Permit
issued by the City and unless such uses are consistent with the license conditions
imposed by ABC or a Special Activities permit is issued to the applicant by the
City.
20. The estabhshment shall comply with Chapter 13D, ''Noise Control", of The Code
of the Citv 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 Conditional Use Pennit for reconsideration and may require the
applicant/operator to mitigate the noise level to comply with the provisions of
Chapter l3D.
21. A modification of this Conditional Use Pennit shall be applied for when:
a. The establishment proposes to change its type of liquor license.
b. The establishment proposes to modify any of its current Conditions of
Approval.
c. Therc is a substantial change in the mode or character of operations of the
establishment.
22. The Plannmg Commission reserves the right to revoke or modifY this Conditional
Use Pennit pursuant to Articles 25 and 28 of The 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 mmors,
ViOlence, public drunkenness, vandalism, solicitation and/or litter.
23. This Conditional Use Permit 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 requcst for extension
submitted to the Department of Development Services a minimum of ninety (90)
days prior to sueh expiration date.
24. This Conditional Use Penuit shall not become elTective for any purpose
unless/until a City "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Dcvc10pment Services, or notarized
and returned to the Planning Department; and until the ten (10) calendar-day
appcal period has elapsed.
25 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 02-2. The Planning Commission may grant an indetinite 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 muStt be submitted to the City pnor to
cons.ideration of an indefinite pennit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a mceting thcrcof held on the 20th day of February, 2002, by thc
following vote:
AYES: Commissioners
Hood, Brown, Ladner, Sharp
NOES: Commissioners
ABSENT: Commissioners Cutuli
6
Planning CommisslOll Resolution No. 02-7
Conditional Use Pel1l1lt 02-2 - Macaroni GrIll
Feb,.IIwy 20,2002
David Hood, Ph.D.
Chainnan of the Planning
7