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HomeMy WebLinkAboutPC Res 04-24 - 2004-04-21 RESOLUTION NUMBER 04-24 OR/Gh 1114< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 01-12 (INDEFINITE EXTENSION), APPROVING THE CONTINUED SALE OF LIQUOR FOR ON PREMISES CONSUMPTION IN CONJUNCTION WITH A RESTAURANT OPERATION ON PROPERTY LOCATED AT 12320 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 29, 2004, Urban Solution, Inc. (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 01-12 (Indefinite ExtensIon). The applicant is proposing to continue to serve alcoholic beverages in an existing 5,155 square foot Islands Restaurant, at 12320 Seal Beach Boulevard, approximately 960 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 ImtIal 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 Apn115, 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 public review period, a Final Environmental Impact Report was reviewed by the Planmng Commission at a public hearmg held on September 9, October 21, and November 4, 1998. After the pubhc hearing, the Plannmg Commission found, through the adoption of Planning CommIssion Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Fmal EnVIronmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing 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 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. The approval of this resolutIOn IS within the scope of the project analyzed in the Fmal EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by thiS reference. Section 3. A duly noticed public heanng was scheduled before the Planning Commission on Apnl 21, 2004, to consider the applicatIOn for Conditional Use Permit 01-12 (Indefinite Extension). Section 4. The record of the hearing of April 21, 2004 indicates the followmg: (a) On March 29, 2004, Urban Solution, Inc. (the "Applicant") filed an application WIth the Department of Development Services for Conditional Use Permit 01-12 (lndefimte Extension). The applicant is proposing to continue to serve alcohohc beverages in an existmg 5,155 square foot Islands Restaurant, at 12320 Seal Beach Boulevard, approxImately 960 feet north the intersection of St. Cloud and Seal Beach Boulevard. (b) The proposed development is located in the General Commercial (C-2) zone withm the Old Ranch Towne Center, a 26.045-acre commercial shopping center site located at the northeast corner of Seal Beach Boulevard and St. Cloud. The subject property is located, at the northerly portion of the shoppmg center site havmg approximately 150 feet of frontage on Seal Beach Boulevard. Page 1 of5 Plannmg Comnllsswn ResolutIOn 04-24 CondItIOnal Use PermIt 01-12 - - 12320 Seal Beach Blvd (Islands Restaurant) Apnl21, 2004 (c) The commercIal shopping center includes 286,967 square feet of retail commercial floor area separated into numerous building pads, which 10cludes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscap1Og. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; and Sav-On Drugstore. (d) Surrounding land uses and zon1Og are as follows: North - World Savings bank building as part of Old Ranch Towne Center in the General Commercial (C-2) zone. To the north of the shopping center IS a 75-10t resIdentIal development, in the Residential Medium DensIty (RMD) zone. South & East - remaining 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. (e) The City Council approved "MltlgatlOn Momtormg Program" establish a number of specIfic actIon measures, which have been proposed to reduce the identified environmental impacts to a level of insigmficance 10 relation to this development applIcation. The apphcable mItIgation measures are conditions of approval for the accompanying Site Plan ReVIew 01-3 relating to this project, and are set forth in Plann10g CommIssion Resolution 01-42 (56 mitigation measures). (f) The nearest homes to the requested land use are north of the shopp1Og center, approximately 210 feet and separated from those residential uses by another commercial structure that is to be occupied by World Bank. The orientation of the existing restaurant is on the south side of the structure, away from the residential development. (g) The restaurant development plan complies with all City standards regarding mImmum lot size, building setbacks, lot coverage, building height, landscaping, and parking reqUIrements. 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: a CUP No. 01-12 (Indefinite Extension) 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 the on-sale service of alcohohc beverages subject to the issuance of a Conditional Use Permit. The use is also consistent WIth the rema10ing 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 proposed use is consistent with the General Plan. a The building and property at the subject site of the BIxby Old Ranch Towne Center Project 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 ensure there will be adequate water supply and utilities for the proposed use. a The on-premises sale of beer, wine and distilled spints, if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcohohc Beverage Control should mitigate any negative impacts to neighboring reSIdentIal properties. Page 2 of5 Plannmg Comnllsswll ResolutIOn 04-24 COlldltwnal Use Permit 01-12 - - 12320 Seal Beach Blvd (Islands Restaurant) Aprz[ 21, 2004 Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 01-12 (Indefinite Extension), subject to the following conditions: 1. Conditional Use Permit 01-12 (Indefinite Extension) at 12320 Seal Beach Boulevard is approved for Department of Alcoholic Beverage Control (ABC) license Type 47, Alcohol Sales & Service. 2. The applIcant shall continue to comply with all restrictions placed on the license issued by the State of California's Department of Alcohohc Beverage Control (ABC). 3. The applicant shall comply with all City Conditions of Approval as set forth in Planning Commission Resolution No. 01-42 and 01-44. 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 alcoholic beverages is prohibited in the estabhshment's parking area or any adjoining non-approved seating areas. There shall be posting of signs both mside 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 concerning 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 injure, 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, including the operation of motor vehicles. d. Methods of dealing with intoxicated customers and recogmzmg under age customers. 7. The following organizations provide training programs, which comply with the above cntena: 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 Coordinatmg Council for Responsible Beverage Service (C3RBS) (714) 834-2860 * Karen Keay $12.00 per person * Tax Deductible For special events training Page 3 of5 Planning CommIssIOn ResolutIOn 04-24 CondItIOnal Use Pennl! 01-12 - - 12320 Seal Beach Blvd (Islands Restaurant) Aprtl 21, 2004 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 12:00 AM, Sunday through Thursday and 11 :00 AM to 1 :00 AM, Friday and Saturday 9. No video games or similar anmsements 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 indicating the availabIhty of alcoholic 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 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 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 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 secunty measures. 16. CondItional Use Permit 01-12 (Indefinite Extension) shall be automatically terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the 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. 19. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any tIme, unless specifically authonzed 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 complaints be received regarding noise generated by the estabhshment, the Planning Commission reserves the right 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 ofthis Conditional Use Permit shall be applied for when: a. The establishment proposes to change ItS type of hquor license. b. The establishment proposes to modIfy any of its current CondItions of Approval. Page 4 of5 Planmng CommISSIOn ResolutIOn 04-24 CondItIOnal Use Perlnl! 01-12 - - 12320 Seal Beach Blvd (Islands Restaurant) April 21, 2004 c. There is a substantial change in the mode or character of operations of the establishment. 22. The Planning Commission reserves the nght 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 criminal or anti-socIal behavior, including but not hmIted 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 wntten request for extension submitted to the Department of Development ServIces a mInimum of ninety (90) days pnor 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 apphcant 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 penod has elapsed. 25. 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 furnishIng or supplying work, services, matenals, 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 arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occumng 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 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 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 21 sl day of Apnl 2004, by the following vote: AYES: Commissioners Sharp, Deaton, and Eagar NOES: Commissioners None ABSENT: Commissioners Ladner and Shanks Lee Whittenberg Secretary Planning Commissi Page 5 of5