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HomeMy WebLinkAboutPC Res 04-25 - 2004-05-05 ~ A RESOLUTION OF THE PLANNING COMMISSION ~ OF THE CITY OF SEAL BEACH APPROVING ~ CONDITIONAL USE PERMIT NO. 02-2 (INDEFINITE (' EXTENSION), APPROVING THE CONTINUED SALE OF LIQUOR IN CONJUNCTION WITH A RESTAURANT OPERATION ON PROPERTY LOCATED AT 12380 SEAL BEACH BOULEVARD (MACARONI GRILL). RESOLUTION NUMBER 04-25 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 5, 2004, Robert Montgomery (the "Applicant") filed an apphcation WIth the Department of Development ServIces for Conditional Use Permit 02-2 (Indefinite ExtenSIon). The apphcant is proposing to continue to sell alcohol at an existing 7,417 square foot Macaroni Gnll Restaurant, on property located at 12380 Seal Beach Boulevard, on the east side of Seal Beach Boulevard, approximately 650 feet north the intersection of St. Cloud and Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was cIrculated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provIsions of the CalifornIa Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the pubhc review period, the Plannmg Commission at a public hearing held on September 9, October 21, and November 4, 1998 reviewed a Final Environmental Impact Report. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considenng the Fmal EIR and public testimony thereto at a public hearmg on November 9 and November 17, 1998, the City Council adopted CIty Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a pubhc hearing to consider revisions to the EIR and a statement of ovemdmg consIderations pursuant to the August 3, 1999 writ issued 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 hereby incorporated by this reference. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on May 5, 2004, to consider the application for Conditional Use PermIt 02-2 (Indefinite Extension). Section 4. The record of the hearing of May 5,2004 indicates the following: (a) On April 5, 2004, Robert Montgomery (the "Applicant") filed an application with the Department of Development ServIces for Conditional Use Permit 02-2 (Indefinite Extension). (b) The applicant is proposing to contmue to sell alcohol at a prevIously approved, 7,417 square foot Macaroni Grill Restaurant, at 12380 Seal Beach Boulevard, located on the east SIde of Seal Beach Boulevard, approximately 650 feet north the intersection of St. Cloud and Seal Beach Boulevard. Page 1 of6 Plannmg CommISSIOn ResolutIOn No 04-25 CondItIOnal Use Permit 02-2 Macaroni GnU 12380 Seal Beach Boulevard May 5, 2004 (c) The proposed development is located in the General Commercial (C-2) zone with10 the Old Ranch Towne Center, a 26.045-acre 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 hav10g approximately 108 feet of frontage on Seal Beach Boulevard. (d) The commercial shopping center includes 286,967 square feet of retail commercIal floor area separated 1Oto numerous bUIld10g pads, which includes an outdoor nursery servIce area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscaping. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; and Sav-On Drugstore. (e) Surrounding land uses and zoning are as follows: North - World Savings bank building & Islands restaurant as part of Old Ranch Towne Center 10 the General Commercial (C-2) zone. To the north of the shopping center IS a 75-lot residential development in the Residential Medium Density (RMD) zone. South & East - Remaimng portions of Old Ranch Towne Center 10 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 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 zon1Og of the subject area to conform to the proposed uses of land set forth in thIS apphcation. (g) The City Council approved "Mztigatzon Momtoring Program" establish a number of specific action measures, which have been proposed to reduce the identified environmental Impacts to a level of insignIficance in relation to this development application. The applicable mitigation measures are conditions of approval for the accompanying Site Plan Review 02-2 relating to this project, and are set forth in Planning CommiSSIOn Resolution 02-8 (56 mitigation measures). (h) The nearest homes to the requested land use are north of the shopping center, approximately 520 feet and separated from those residential uses by another commercial structure, as well as another structure operated by Islands Restaurant. The proposed orientatIOn of the restaurant is on the south side of the structure, away from the residential development. (i) The proposed restaurant development plan complIes with all CIty standards regarding m10imum lot size, build10g setbacks, lot coverage, building heIght, landscap1Og, and parking requirements. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to 9928-1400,28-2503 and 28-2504 of the City's Code, the Plann10g Commission makes the following findings: a. CondItional Use PermIt No. 02-2 (Indefinite Extension), a request to continue to permit the on-premise sale of beer, wine, and liquor in conjunctIOn with an eXIsting restaurant at 12380 Seal Beach Boulevard 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 Page 2 of6 Plannzng CommISSIOn ResolutIOn No 04-25 CondItIOnal Use Permit 02-2 Macaroni Gnll 12380 Seal Beach Boulevard May 5. 2004 serving alcoholic beverages subject to the issuance of a conditional use permit. The use is also consistent with the rema1010g elements of the City's General Plan, as the policies of those elements are consistent with, and reflected 10, the Land Use Element. Accordingly, the proposed use IS consistent with the General Plan. b. Subject to the proposed conditions of approval, the cont1Oued use of the property as a restaurant serving alcohohc beverages will be compatible with surround1Og uses and will not be detnmental to the surrounding neIghborhood. As the 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 requested by the applicant, and the hours of outside disposal included as standard condItions. c. The proposed style, height and bulk of the eXIsting restaurant is consistent with surround1Og commercial uses, which include an eXIsting shopp1Og center in the same zoning area as the subject property, surround1Og this property on all sides. d. Required adherence 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 Permit No. 02-2 (Indefinite ExtenSIOn), subject to the following conditions: 1. Conditional Use Permit 02-2 (Indefinite Extension) at 12380 Seal Beach Boulevard is approved for Department of Alcohohc Beverage Control (ABC) license Type 47, Alcohol Sales & Service. 2. The apphcant 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 apphcant from ABC receives the license. 3. The apphcant shall comply with all City Conditions of Approval as set forth in Plann10g Commission Resolution Nos. 02-7 & 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. Consumption of alcohohc beverages is prohibited m the establishment's parking area or any adjoining non-approved seating areas. There shall be posting of signs both 10side 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 servIce 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 concernmg sales to minors and intOXIcated persons, driving under the mfluence, 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 themselves 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, 10cluding the operation of motor vehicles. Page 3 of6 Plannmg CommIssion ResolutIOn No 04-25 CondItIOnal Use PermIt 02-2 Macaroni Gnll 12380 Seal Beach Boulevard May 5, 2004 d. Methods of dealing wIth intoxIcated customers and recognIzmg under age customers. 7. The following organizations provide training programs, which comply with the above criteria: a. Provider: 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 1 st 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: Telephone: Cost: Orange County Health Care Agency Project Path (714) 895-9088 * Irene 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 be permitted on the premises. 10. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicatmg the availability of alcohohc beverages. 11. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons whIle not unreasonably disturbmg surroundmg 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 listmg. 14. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such estabhshments 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 permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additIonal security measures. 16. Conditional Use Permit 02-2 (Indefinite ExtenSIOn) shall be automatically terminated if the 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 pnor to closing tIme. Page 4 of6 Planning CommIssIOn ResolutIOn No 04-25 CondItIOnal Use PermIt 02-2 Macarom Gnll 12380 Seal Beach Boulevard May 5, 2004 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 permitted 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 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 compla1Ots be received regarding noise generated by the establishment, the Planning CommiSSIOn reserves the nght 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 13D. 21. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of hquor hcense. 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. 22. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit 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 crim10al or anti-social behavior, including but not limIted to the congregation of minors, violence, pubhc drunkenness, vandalism, solicitation and/or htter. 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 request for extension submitted to the Department of Development Services a m10imum of ninety (90) days prior to such expiration date. 24. ThIS Conditional Use Permit shall not become effective for any purpose unless/until a CIty "Acceptance of Conditions" form has been signed by the applicant 10 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 applicant shall 1OdemnIfy, defend and hold harmless City, ItS officers, agents and employees (collectively "the City" here1Oafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnish10g or supplying work, services, materials, or supplies in connection with the performance of the use permItted hereby or the exercise of the rights granted herein, and any and all claims, laWSUIts or actions ansing from the grant10g 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, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limIted to, paYIng all fees and costs 10curred 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 in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning CommiSSIOn of the City of Seal Beach at a meeting thereof held on the 5th day of May 2004 by the followmg vote: Page 5 of6 Planning CommIssIOn ResolutIOn No 04-25 ConditIOnal Use Permlf 02-2 Macaroni Grzll 12380 Seal Beach Boulevard May 5, 2004 AYES: CommissIoners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None CJ&~~p~ 'l. Jam~ Sharp ~ VChairperson, Planning CommIssion IJ t. Mac Cummins, AICP Secretary Plannmg CommIssion Page 6 of6