HomeMy WebLinkAboutPC Res 03-39 - 2003-10-08
RESOLUTION NUMBER 03-39
ORIGINA!
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 02-11 (INDEFINITE EXTENSION),
CONTINUING THE PREVIOUSL Y APPROVED
MODIFICATION OF THE HOURS OF OPERATION
OF A PREVIOUSLY APPROVED LAND USE
ENTITLEMENT TO SELL BEER & WINE AT 101
MAIN ST., SUITE O.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On August 29, 2003, Michelle Mundy (the "ApplIcant") filed an
applIcation with the Department of Development ServIces for CondItional Use Permit 02-11
(Indefimte Extension), requesting the ability to contmue the previously approved hours of
operatIOn at an eXIsting restaurant that serves beer and wine for on-premIses consumption only.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15301 and ~ lIB of the
City's Local CEQA GUIdelines, staff has determined as follows: The application for CUP 02-11
(Indefinite ExtensIOn) for the proposed indefimte extension of a previously approved CUP,
whICh changed the hours of operation at a restaurant which sells beer and wme, IS categoncally
exempt from review pursuant to the California EnVIronmental QualIty Act pursuant to 14 CalIf.
Code of Regs. 9 15305 (Minor Alterations m Land Use LImItations), because the proposal
involves a mmor alteratIOn in land use limItation and does not mvolve 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 Planmng
CommIssion on October 8, 2003, to consider the application for CUP 02-11 (Indefimte
Extension). At the publIc hearing the applicant was in attendance, and spoke on behalf of the
subj ect request.
Section 4.
The record of the hearmg of October 8, 2003 indIcates the
following:
(a) On August 29, 2003, Michelle Mundy submitted an applicatIon for CUP
02-11 (Indefimte ExtenSIOn) WIth the Department of Development Services.
(b) SpeCIfically, the applIcant is requesting the abilIty to continue the
prevIOusly approved hours of operation at an eXIsting restaurant that serves beer and wine for on-
premises consumptIOn only. These hours are requested to remain 7 AM to 11 PM Sunday
through Thursday, and 7 AM through 12 AM Fnday and Saturday.
(c) The subject property IS described as Orange County Assessor's parcel
number 199-034-04
(d) The City has granted the following approvals for the property:
o CUP 10-76, allowing the sale of beer and wine for on-premises consumptIOn
only.
o Plan Review 2-77, approvmg a SIgn program (Entire Property)
o SPR 22-77 for the above mentioned sign program (Entlre Property)
o V AR 1-77 for architectural proj ectIons into the front setback (Entire Property)
o CUP 7-80 for on-sale beer & wine at GIancola's restaurant
o CUP 4-82 to transfer above mentioned on sale beer and wme license
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Planl1lng ConunlsslOn ResolutIOn 03-39
CUP 02-11 Seaside Gnll (Indefimte ExtensIOn)
October 8. 2003
o MHD 2-84 to allow for a mInor height vanance for an architectural
projections (Entire Property)
o CUP 92-2 for on sale beer and wine license in conjunctIon with a new
restaurant
o CUP 02-11 for the extensIOn of hours of operation by 1 hour, allowIng the
applIcant to close the restaurant at midmght on Fnday and Saturday nights
(e)
The surroundIng land uses and zoning are as follows:
North
West
Commercial BUSInesses in the Main St. Specific Plan (MSSP)
zone
Residential hOUSIng In a Residential High DenSity (RHD) zone.
South
ResIdentIal hOUSIng In a Residential High Density (RHD) and
Commercial bUSInesses In the MaIn St. Specific Plan (MSSP)
zone.
Beach & Pacific Ocean in a PublIc Land Use/RecreatlOn (PLU/R)
Zone
East
(f) Captain John Schaeffer of the Seal Beach polIce department said that he
has no objections regarding the granting of this request.
Section 5. Based upon the facts contaIned In the record, includIng those stated
in ~4 of this resolution and pursuant to 99 18-1250,28-2503 and 28-2504 of the CIty'S Code, the
Planning Commission makes the following findings:
. Conditional Use Permit 02-11 (Indefinite Extension) is consIstent with the provIsions of
the Land Use Element of the City's General Plan, which provides a Main St. Specific
Plan land use designation for the subject property and pennits restaurants serving
alcoholic beverages 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 m, the Land Use Element. Accordmgly, the
proposed use IS consistent With the General Plan.
. The proposed use is consistent With the mtent and purpose and vision established for the
Main St. Specific Plan.
. The building and property at 101 MaIn St. are adequate In size, shape, topography and
location to meet the needs of the proposed use of the property.
. Required adherence to applicable building and fire codes ensures there will be adequate
water supply and utIlIties for the proposed use.
. The proposed use does not conflict With the Specific Plan's goal to establIsh and maIntain
a balanced mix of uses that serve the needs of both local and non-local populations.
. The use Will contribute to the unique character of MaIn St. and the qualities that provide
the Main St a sense of identity.
. The proposed use complies With all applIcable City Council PolICies, such as the polICies
the CounCil has adopted concerning alcohol uses.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 02-11, subject to the following conditions:
1. CUP # 02-11 (Indefimte ExtenSIOn) IS approved for the ability to serve beer and
wine for on sale consumption only.
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).
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Planlllng CommiSSIOn ResolutIOn 03-39
CUP 02-11 Seaside Grill (Indefil1lte ExtensIOn)
October 8. 2003
3. All alcoholic beverages sold m conjunctIon with the on-premIse-licensed
estabhshment 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 estabhshment's parkmg area. There shall be postmg of signs both inside
and outSide the lIcensed premIses indICatmg that law prohibits drmking outside
the lIcensed premises.
4. 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 ofCahfornia law.
5. The knowledge and skIlls deemed necessary for responsible alcoholIc beverage
service shall include, but not be lImIted to the following tOpICS and skills
development:
. State law relating to alcoholic beverages, particularly ABC and penal
proVIsions concernmg sales to minors and intoxicated persons, driving
under the influence, hours of legal operation and penaltIes for violation of
these laws.
. The potential legal liabilitIes of owners and employees of businesses
dispensing alcoholic beverages to patrons, who may subsequently mjure,
kill; harm themselves or innocent victIms as a result of the excessive
consumption of alcoholic beverages.
. Alcohol as a drug and ItS effects on the body and behavior, including the
operatIOn of motor vehIcles.
. Methods of dealmg WIth mtoxicated customers and recognizing under age
customers.
6. The following organizations provide training programs, which comply With the
above criterIa:
ProVider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
Department of Alcoholic 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
PrOVider:
Program:
Telephone:
Date:
Cost:
Orange County Health Care Agency
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$1295 per person
7. The hours of operation shall be 7 AM to 11 PM, Sunday through Thursday and 7
AM to 12 AM Friday and Saturday.
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 exterior advertismg of any kind or type, including advertismg
directed to the exterior from within, promoting or indicating the aVailability of
alcoholIc beverages.
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Pla/1l1l/1g CommlSSIO/1 ResolutlO/1 03-39
CUP 02-11 Seaside Gnll (Indefimte ExtensIOn)
October 8. 2003
10. The applicant wIll prominently display these CondItIons of Approval m a locatIon
wIthm the businesses' customer area that is acceptable to the DIrector of
Development Services.
11. Litter and trash receptacles shall be located at convement locatIons inside and
outsIde the estabhshment. Operators of such estabhshments shall remove trash
and debris on an appropnate basis so as not to cause health problems. There shaH
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 determmes 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) ml11utes
prior to closing time.
14. There sha1l be no hve entertal11ment, amplified music, or dancmg permitted on the
premIses at any tune.
15. The establishment shaH 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 noise generated
by the establishment, the Plannmg CommiSSIOn reserves the right to schedule the
subject CUP for reconSideration and may require the apphcant/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 of this CUP sha1l be applied for when:
. The establishment proposes to change ItS type of hquor hcense.
. The establishment proposes to modIfy any of ItS current Conditions of
Approval.
. There is a substantIal change in the mode or character of operations of the
estabhshment.
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 cnml11al or anti-
social behavior, includmg but not limited to the congregatIon of ml11ors, VIOlence,
pubhc drunkenness, vandalism, solicitation and/or lItter.
19. ThIS CUP sha1l become nuH and void unless exercised withl11 one (1) year of the
date of final approval, or such extension of time as may be granted by the
Planning COmnllSSIOn 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.
20. The apphcant remains bound by all conditions approved through prevIOUS
entitlements on the property l11cludmg (but not hmlted to) CUP 92-2.
21. All wmdows and doors wiH be closed by 10 PM dally.
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Planmng CommiSSIOn ResolutIOn 03-39
CUP 02-1 J Seaszde GnU (Indefimte ExtensIOn)
October 8. 2003
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22. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishmg or supplymg work, serVIces, matenals, or supplies in
connection with the performance of the use permitted hereby or the exercise of the
rIghts granted herem, and any and all claIms, lawsuits or actIOns arismg from the
grantmg of or the exerCIse of the rIghts permItted by this Conditional Use PermIt,
and from any and all claIms and losses occurring or resulting to any person, firm,
corporation or property for damage, mJury or death arIsing out of or connected
with the performance of the use permitted hereby. ApplIcant's obligation to
mdemmfy, defend and hold harmless the City as stated herein shall mclude, but
not be limited to, paying all fees and costs incurred by legal counsel of the City's
choice in representing the City in connectIOn WIth any such claims, losses,
laWSUIts or actIons, expert WItness fees, and any award of damages, judgments,
verdicts, court costs or attorneys' fees m any such laWSUIt or action
PASSED, APPROVED AND ADOPTED by the Planmng CommIssion ofthe City of Seal
Beach at a meetmg thereof held on the 8th day of October 2003, by the following vote:
AYES: CommiSSIOners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
ABSENT: CommIssioners None
Jt~
vOhairman ofthe Planning CommIssion
Mac ummins
Secretary of the Planning Commission
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