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HomeMy WebLinkAboutPC Res 04-19 - 2004-04-07 RESOLUTION NUMBER 04-19 0 t9h A RESOLUTION OF THE PLANNING COMMISSION OF THE 6'/;[;..,1 CITY OF SEAL BEACH APPROVING AN INDEFINITE 'i / EXTENSION OF PREVIOUSLY APPROVED CONDITIONAL ~ USE PERMIT 00-10 ALLOWING THE SALE OF BEER AND WINE FOR ON PREMISES CONSUMPTION AT AN EXISTING RESTAURANT AT 1198 PACIFIC COAST HIGHWAY (BLACKBOARD BISTRO). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 18, 2004, Joseph Barbara (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 00-10 (Indefinite Extension), for the ability to sell beer and wine for on-premises consumption only. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ lIB of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 00-10 (Indefinite Extension) 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 Alterations in Land Use Limitations), because the proposal involves a minor alteration 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 hearing was held before the Planning Commission on April 7, 2004, to consider the application for CUP 00-10 (Indefinite Extension). At the public hearing the applicant was in attendance, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of April 7, 2004 indicates the following: (a) On March 18,2004, Joseph Barbara submitted an application for CUP 00- 10 (Indefinite Extension) with the Department of Development Services. (b) Specifically, the applicant is proposing to sell beer and wine for on premises consumption only. (c) The subject restaurant contains approximately 2400 sq. ft., including a 400 square foot outdoor dining area. (d) The subject property is described as Orange County Assessor's parcel number 043-122-36 (f) The surrounding land uses and zoning are as follows: a EAST & WEST-Retail businesses in the General Commercial (C-2) zone. a NORTH - Retail businesses in the General Commercial (C-2) zone & Residential Housing in a Residential Low Density (RLD) zone a SOUTH- Zoeter field and "Surf & Sun" preschool in a Public Land Use (PLU/R) zone and Residential Housing in a Residential High Density (RHO) zone. (g) 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 ~~ 18-1400,28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 00-10 (Indefinite Extension) is consistent with the provisions of the Land Use Element of the City's General Plan, which Page 1 of 4 Planning CommISSIOn ResolutIOn 04-19 CUP 00-10 (Indefinite ExtensIOn) Blackboard BIstro, 1198 Pacific Coast HIghway Aprzl 7, 2004 provides a General Commercial zoning designation for the subject property and permits 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 in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The building and property at 1198 Pacific Coast Highway are adequate in size, shape, topography, and location to meet the needs of the proposed expansion to the existing restaurant. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 00-10 (Indefinite Extension), subject to the following conditions: 1. CUP # 00-10 (Indefinite 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). 3. All alcoholic 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 inside and outside the licensed premises indicating that law prohibits drinking 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 of California 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: 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. a 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. a Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. a Methods of dealing with intoxicated customers and recognizing under age customers. 6. The following organizations provide training programs, which comply with the above criteria: a Provider: Program: Telephone: Date: Time: Cost: Place: a Provider: Program: Telephone: Date: Cost: Department of Alcoholic Beverage Control Licensee Education on Alcohol & Drugs (LEAD) (714) 558-4101 1 stt Monday of each month 10:00 a.m. to 1 :30 p.m. Free ABC, 28 Civic Center Plaza, Santa Ana Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Serving Alcohol Responsibly (BARCODE) (714) 834-2860 * Karen Keay They will schedule appointments $12.95 per person Page 2 of 4 Planning CommIssIOn ResolutIOn 04-19 CUP 00-10 (Indefinite ExtensIOn) Blackboard BIstro, 1198 Pacific Coast HIghway Aprzl 7, 2004 7. The hours of operation shall be 7 AM to 10 PM, Sunday through Thursday and 7 AM to 11 PM 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 advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 10. 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. 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) minutes prior to closing time. 14. There shall be no live entertainment, amplified music, or dancing 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 regarding 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: . The establishment proposes to change its type of liquor license. . 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 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, 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 Page 3 of 4 Planning CommIssIOn ResolutIOn 04-19 CUP 00-10 (Indefinite ExtensIOn) Blackboard BIStro, 1198 Pacific Coast HIghway Aprzl 7, 2004 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 Commission 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. 21. 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, 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 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 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 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 7th day of April 2004 by the following vote: AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None (k1/Uo~ James Sharp, I ~hairman of the Planning Commission ~j1)~ e Whittenberg ~ Secretary of the Planning Commis~ Page 4 of 4