HomeMy WebLinkAboutPC Res 03-46 - 2003-10-22
ORiGiNAL
RESOLUTION NUMBER 03-46
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF CUP NO. 01-9,
ALLOWING THE SALE OF BEER AND WINE FOR
ON PREMISES CONSUMPTION AT 15 FIRST
STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On September 30, 2003, MIke Ba1chin (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 01-9
(Indefinite Extension), for the abilIty to sell beer and wine for on-premises consumptlon only.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ II.B of the
City's Local CEQA Guidelines, staff has determined as follows: The applicatlon for CUP 01-9
for the proposed sale of beer and wine is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 CalIf. Code of Regs. ~ 15305 (Minor
Alteratlons m Land Use LImitations), because the proposal involves a minor alteratlon in land
use limitatIOn and does not involve either a property in excess of 20% slope or a change in land
use or density.
SectIOn 3. A duly noticed publIc heanng was held before the Plannmg
Commission on October 22, 2203, to consIder the application for CUP 01-9 (Indefinite
Extension).
Section 4.
The record of the hearing of October 22, 2203 indicates the
following:
(a) On September 30, 2003, Mike Balchin submitted an applIcatlon for CUP
01-9 (Indefinite Extension) with the Department of Development Services.
(b) SpecIfically, the applicant is proposing to mdefimtely extend a previously
approved CUP to sell beer and wme for on premises consumptIOn only.
(c) The subject restaurant contains approximately 868 sq. ft. There is also a,
1897 sq. ft. outdoor patlo, and a 522 square foot covered patio.
(d) The subject property is descnbed as Orange County Assessor's parcel
number 043-171-02.
(e) CUP 01-9 was originally approved on October 14, 2001.
(f) The surrounding land uses and zonmg are as follows:
o EAST-ResIdential Housing in a Residential Low DenSIty (RLD) zone commonly
referred to as the "Gold Coast."
o WEST - San Gabriel RIver & Long Beach Marma
o NORTH - Vacant property on the old Department of Water and Power site in the DWP
Specific Plan Zone
o SOUTH- Beach and Pacific Ocean in the Public Land Use/Recreation (PLU/R) zone.
(g) Captam John Schaeffer of the Seal Beach polIce department said that he
has no objections regarding the granting OfthIS request.
Page 1 of 4
Plannmg CommiSSIOn ResolutIOn 03-46
CUP 01-9 (Indefimte Extension) 15 First Street (River's End Re~taurant)
October 22, 2003
Section 5. Based upon the facts contamed m the record, mcluding those stated
in ~4 OfthIS resolution and pursuant to ~~ 28-2002, 28-2503 and 28-2504 of the CIty'S Code, the
Planning Commission makes the following findings:
o CondItIonal Use PermIt 01-9 (Indefinite Extension) IS consistent wIth the proviSIOns of
the Land Use Element of the City's General Plan, which prOVIdes a Public Land Use
zoning designation for the subject property and permits uses that the City deems
appropnate. The City has previously signed a lease agreement wIth River's End
restaurant. 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 Ill, the Land Use
Element. Accordmgly, the proposed use is conSIstent with the General Plan.
o The building and property 115 151 St. are adequate in SIze, shape, topography and location
to meet the needs of the proposed use of the property.
Section 6. Based upon the foregoing, the Planning CommIssion hereby
approves ConditIOnal Use Permit 01-9 (Indefimte Extension), subject to the followmg
conditions:
1. CUP # 01-9 (Indefimte Extension) is approved for the abIlity to serve beer and wine for
on sale consumption only.
2. The apphcant shall comply with all restrictIOns placed on the hcense Issued by the State
of California's Department of AlcoholIc Beverage Control (ABC).
3. All alcohohc beverages sold in conjunctIOn with the on-premise-hcensed establishment
must be consumed entirely on the premises prior to closing tIme. None shall be sold as
take-out. Consumption of alcoholic beverages is prohIbited in the establishment's
parking area. There shall be posting of signs both mside and outside the licensed
premises indicating that law prohibits dnnkmg outSIde the hcensed premises.
4. It shall be the responsibIlity of the applicant/hcensee 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.
5. The knowledge and skills deemed necessary for responsible alcoholic beverage servIce
shall include, but not be limited to the followmg topics and skills development:
o State law relating to alcoholic beverages, particularly ABC and penal proVIsions
concerning sales to minors and intOXIcated persons, dnving under the mfluence, hours
of legal operation and penalties for violatIon of these laws.
o 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 beverages.
o Alcohol as a drug and its effects on the body and behavior, including the operation of
motor vehicles.
o Methods of dealing WIth intoxicated customers and recognizing under age customers.
6. The followmg organizations provide training programs, which comply WIth the above
cri teria:
o Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
Department of Alcohohc Beverage Control
LIcensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1 se Monday of each month
10:00 a.m. to 1 :30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
o Provider:
Orange County Health Care Agency
Page 2 of4
Planmng CommISSIOn ResolutIOn 03-46
CUP 01-9 (Indefimte ExtensIOn) 15 FIrst Street (RIver's End Restaurant)
October 22, 2003
Program:
Telephone:
Date:
Cost:
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$12.95 per person
7. The hours of operation shall be 9 AM to 8 PM, 7 days a week.
8. No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use.
9. There shall be no extenor advertising of any kind or type, including advertising directed
to the exterior from within, promotmg or mdlcatmg the aVaIlabIlIty of alcoholIc
beverages.
10. The applicant Will prominently display these Conditions of Approval in a locatIon
wlthm the businesses' customer area that IS acceptable to the Director of Development
Services.
11. 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 appropriate 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 10:00 p.m. and
7:00 a.m.
12. In the event staff determines security problems exist on the site, the Conditions of this
permit may be amended, under the procedures of The Code of the City of Seal Beach, to
reqUIre the provisions of additional security measures.
13. The establishment must serve a complete menu of food until thirty (30) mmutes prIor to
closmg time.
14. There shall be no live entertainment, amplIfied music, or dancmg permItted on the
premises at any tIme.
15. 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 CUP
for reconsideration and may reqUIre the applIcant/operator to mitigate the nOIse level to
comply with the provisions of Chapter 13D.
16. This CUP 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.
17. A modificatIon ofthis CUP 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. There is a substantIal change in the mode or character of operations of the
establishment.
18. The Planning CommIssion reserves the right to revoke or modify this CUP pursuant to
Articles 25 and 28 of The Code of the City of Seal Beach If harm or retail-related
problems are demonstrated to occur as a result of criminal or anti-social behavior,
Page 3 of 4
Planmng CommiSSIOn ResolutIOn 03-46
CUP 01-9 (Indefimte ExtensIOn) 15 First Street (River's End Restaurant)
October 22, 2003
including but not lImited to the congregatIOn of minors, violence, publIc drunkenness,
vandalism, solicitatIon and/or lItter.
19. 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 contrary to public welfare and morals.
20. This CUP 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
COIrumssIOn pursuant to a written request for extension submItted to the Department of
Development ServIces a minimum of mnety (90) days pnor to such expiration date.
21. No alcoholic beverages shall be consumed on the beach. In no CIrcumstance shall any
alcohol be passed from patrons on the patio area to people on the beach.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 22nd day of October 2003, by the followmg vote:
AYES:
CommIssIoners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES:
Commi ssioners
None
ABSENT:
Commissioners
()~ ;f~
;Jim Sharp , /
r/ ChaIrman of the Plannmg Commission
Page 4 of 4