HomeMy WebLinkAboutPC Res 04-06 - 2004-02-18
RESOLUTION NUMBER 04-6
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 01-16
(INDEFINTE EXTENSION), APPROVING AN
ALCOHOL RELATED LAND USE FOR ON SITE
SALE OF ALCOHOLIC BEVERAGES AND AN
OUTDOOR FOOD SERVICE AREA IN
CONJUNCTION WITH A RESTAURANT BUSINESS
(RUBIO'S) AT 12420 SEAL BEACH BOULEVARD,
(OLD RANCH TOWNE CENTER)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On January 8,2004, Art Rodriguez of Rodriguez & Associates (the
"Applicant") filed an application with the Department of Development Services for Conditional
Use Permit 01-16 (Indefinite Extension). A conditional use permit is required to allow on site
consumption of alcoholic beverages and to allow for the provision of outdoor seating for a
restaurant business (Rubio's) at 12420 Seal Beach Boulevard. On December 5, 2001, the
Plannmg Commission of the City of Seal Beach approved CUP 01-16 with a condition that
required a new application after a 12-month review. This application meets the criteria set forth
in that condition.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 99 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 public review period, a Final Environmental Impact
Report was reviewed by the Planning Commission at a public hearing held on September 9,
October 21, and November 4, 1998. 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 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 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 February 18,2004, to consider the application for Conditional Use Permit 01-16
(Indefinite Extension).
Section 4.
The record of the hearing of February 18, 2004 indicates the
following:
(a) On January 8, 2004, Art Rodriguez of Rodriguez & Associates (the
"Applicant") filed an application with the Department of Development
Services for Conditional Use Permit 01-16 (Indefinite Extension). On
December 5, 2001, the Planning Commission of the City of Seal Beach
approved CUP 01-16 with a condition that required a new application after
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Planning CommzsslOn ResolutIOn No 04-6
CUP 01-16 (Indefinite Extension) Rubio's Baja Gnll
February 18 2004
a 12-month review. This application meets the criteria set forth in that
condition.
(b) A conditional use permit is required to allow on site consumption of
alcoholic beverages and to allow for the provision of outdoor seating for a
restaurant business (Rubio's) at 12420 Seal Beach Boulevard.
(c) The applicant is proposing to provide a maximum of 30 outdoor seats in
conjunction with a new restaurant business, on property located on the east
side of Seal Beach Boulevard, north of St. Cloud Dr., in what is
commonly referred to as the "Bixby Old Ranch Towne Center."
(d) The proposed development is located in the General Commercial (C-2)
zone within 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.
(e) The commercial shopping center includes 286,967 square feet of retail
commercial floor area separated into numerous building 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. The center is currently being developed. Major
tenants within the shopping center include: Target; Bed, Bath & Beyond;
Ralph's Market; Sav-On Drugstore; and Islands Restaurant.
(f) Surrounding land uses and zoning are as follows:
North, 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.
(g) The proposed development plan complies with all City standards
regarding minimum 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 94 of this resolution and pursuant to the City Code, the Planning Commission makes the
following findings:
· CUP No. 01-16 (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 outdoor food service areas and on sale
consumption of 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.
· The building and property at the subject site of the Old Ranch Towne Center are adequate
in size, shape, topography and location to meet the needs of the proposed use of the
property. The entire shopping center is approximately 25 acres in area and is currently
bemg developed. Major tenants within the shopping center include: Target; Bed, Bath &
Beyond; Ralph's Market; Sav-On Drugstore; and Islands Restaurant.
· Required adherence to applicable building and fire codes ensure there will be adequate
water supply and utilities for the proposed use.
· The nearest homes to the requested outdoor seating area are to the southwest and
northeast of the shopping center, in excess of 500 feet in either direction. Given the
nature of the outdoor seating area and the orientation of the seating area away from the
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Planning CommissIOn Resolutzon No 04-6
CUP 01-16 (Indefinite ExtensIOn) RubIO's Baja Gnll
February 182004
residential development and the distance to existing residential areas, the proposed
outdoor seating area is compatible with the character of the surrounding area. Adherence
to conditions of approval placed on the use by the City of Seal Beach should mitigate any
negative impacts to neighboring residential properties.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 01-16 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 01-16 (Indefinite Extension) at 12420 Seal Beach Boulevard is
approved for an outdoor food service area, with a maximum of 30 outdoor seats.
2. Maintain a minimum of a 5-foot clear pedestrian path between the proposed exterior seats
and tables and any adjacent structure columns or parking lot.
3. Applicant must provide a minimum 42" high guardrail around outdoor seating area.
4. 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.
5. 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 rneasures.
6. A modification ofthis Conditional Use Permit shall be applied for when:
a) The establishment proposes to change the type, number or general location of
the outdoor seating area.
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.
7. 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.
8. 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 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.
9. The applicant shall comply with all restrictions placed upon the license issued by the
State of California Department of Alcoholic Beverage Control.
10. The applicant shall furnish the City a copy of his or her ABC license and a copy of any
conditions placed on the license is received by the Department of Alcoholic Beverage
Control. This shall be done as soon as the hcense is received by the applicant from the
State of California Department of Alcoholic Beverage Control.
11. The hours of operation shall be 10:00 AM to 11 P.M. daily
12. All alcoholic beverages must be consumed within the building, structure, or the outdoor
patio area.
13. No video games or similar amusements shall be permitted on the premises.
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Planning CommIssIOn ResolutIOn No. 04-6
CUP 01-/6 (Indefinite Extension) RubIO's Baja Gnll
February /82004
14. 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.
15. The establishment shall have a public telephone listing.
16. It shall be the responsibility of the applicant/licensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skills that will enable them to comply
with their responsibilities under State law.
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 laws relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving under the
influence, hours of legal operations and penalties for violations of these laws.
b) The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure, kill, or
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 for dealing with intoxicated customers and recognizing underage
customers.
The following organizations have been identified by the State Department of Alcoholic
Beverage Control as providing training programs that comply with the above criteria:
Department of Alcoholic Beverage Control L.E.A.D. Program
Telephone: (714) 558-6482
Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S.
Program.
Telephone: (714) 568-4187
17. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment, and operators of such establishments shall remove trash and debris on an
appropriate basis so as not to cause a health problem. There shall be no dumping oftrash
and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00
A.M
18. 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 Citv of Seal Beach ifharm 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. 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 minimum of ninety (90) days prior to such
expiration date.
20. All alcoholic beverages sold in conjunction with the on-premise licensed establishment
must be consumed entirely on the premises prior to closing time, and none shall be sold
as take-out.
21. Consumption of alcoholic beverages shall be prohibited in the establishment's parking
area. There shall be appropriate posting of signs both inside and outside the licensed
premises indicating that drinking outside the licensed premises is prohibited by law.
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Planning CommzsslOn ResolutIOn No 04-6
CUP 01-16 (Indefinzte ExtensIOn) Rubio's Baja Gnll
February 182004
22. Conditional Use Permit #01-16 (Indefinite Extension) shall be automatically terminated if
the operation is no longer maintained as a "bona fide public eating place" as defined by
the California Department of Alcoholic Beverage Control.
23. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time. Alcoholic beverages shall not be sold without purchase of food within 30
minutes of closing time.
24. 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 the
State of California Department of Alcoholic Beverage Control
25. The proposed facility shall comply with Chapter 13D, "Noise Control", ofthe 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 noises generated by the facility, the
Planning Commission reserves the right to schedule the subject permit for
reconsideration and may require the applicant/operator to mitigate the noise level to
comply with the provisions of Chapter 13D.
26. The knowledge and skills deemed necessary for responsible alcoholic beverage service as
set forth in this resolution, shall include for on-premise licensed locations, but not be
limited to the following additional topics and skills development:
a) Methods to appropriately pace customer drinking to reduce the risk that the
customer will not leave the premises in an intoxicated manner.
b) Knowledge of mixology, including marketable alternatives to alcoholic
beverages.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 18th day of February 2004, by the following vote:
AYES: Commissioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
None
ABSENT: Commissioners None
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(Jfm Sharp,
JChairman of the Planning Commis ion
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