HomeMy WebLinkAboutPC Res 05-62 - 2005-12-07
RESOLUTION NUMBER 05-62
OR/G/1V4l
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING A RESTAURNAT
WITHOUT THE ON-PREMISE SALE OF
ALCOHOLIC BEVERAGES AT 302 MAIN
STREET (CONDITIONAL USE PERMIT NO.
05-14)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On October 7, 2005, Michael Rosetti (the "Applicant")
filed an application with the Department of Development Services for Conditional Use
Permit 05-14 requesting approvals of the following requests:
o To establish a new restaurant with a full alcohol license;
o To establish operating hours of 10:30 AM to 11 PM Sunday through Thursday
and 10:30 AM to Midnight, on Friday and Saturday.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ II.B of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
CUP 05-14 for the requested land use entitlements for a restaurant to be authorized to sell
alcoholic beverages 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 November 9, 2005, to consider the application for CUP 05-14. 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 following:
The record of the hearing of November 9, 2005 indicates
(a) On October 7, 2005, Michael Rosetti (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 05-
14.
(b) Specifically, the applicant is requesting approvals of the following
requests:
Z \My Documents\RESO\CUP 05-14 PC Reso doc\LW\II-29-05
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ConditIOnal Use Permit 05-14 -302 Mam Street
December 7, 2005
D To establish a new restaurant with a full alcohol license;
D To establish operating hours of 10:30 AM to 11 PM Sunday
through Thursday and 10:30 AM to Midnight, on Friday and Saturday.
(c) The subject property is described as Orange County assessor's
parcel # 043-113-14.
(d) The proposed restaurant area is 1,865 square feet in size and is
proposed to accommodate approximately 50 seats and additional 21 seats at a proposed
bar area to be located along the northern interior wall of the restaurant. The kitchen,
restroom, storage, and office areas are proposed to be located at the rear of the subject
building space.
(e) The subject property is a trapezoidal shaped property having 110
feet of frontage on Main Street and 78 feet of frontage along the City-owned parking lot
that is located to the south of the subject property, containing approximately 8,362 square
feet. The subject tenant space has 29 feet of frontage along Main Street. The property is
developed with existing single-story retail buildings that contains a total of approximately
6,500 square feet of leasable space, including the proposed 1,865 square foot restaurant, a
soon to be opened 1,500 square foot mattress sales store, the existing 1,500 square foot
Abbey Restaurant, and the existing 1,500 square foot Furnace store, a clothing/sporting
goods store.
(f) The subject property has received the following approvals from the
City:
D CUP 73-10, CUP 75-2, CUP 78-17, and CUP 80-4 were all
approved by the Planning Commission for on sale beer and wine licenses in conjunction
with the operation of the Mandarin Garden Restaurant, now The Abbey, at 306 Main
Street, by the adoption of Planning Commission Resolutions 791, 897, 1169, and 1204
respectively. This business is located on the same property as the proposed restaurant.
D Minor Plan Reviews 67-16, 73-9, 73-13, and 76-21 were all
approved by the Planning Commission for various sign requests for the subject property
affecting all of the various business operators, by the adoption of Planning Commission
Resolutions 177, 770,801, and 1032 respectively
(g) The nearest residential property is located to the northeast of the
property, across the alley to the rear of the subject property and easterly of the Main
Street alley, approximately 100 feet from the subject premises.
(h) The surrounding land uses and zoning are as follows:
D NORTH, SOUTH, EAST and WEST - Retail businesses in
the Main Street Specific Plan (MSSP) zone.
D NORTHEAST - Residential uses in the Residential High
Density (RHD) Zone.
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December 7, 2005
(i) Sergeant Tim Olsen with the Seal Beach Police Department has
reviewed the application and has no reservations or concerns regarding the subject
requests.
G) As of November 3, 2005 the Planning Department has not received
any comments to the public hearing notices published and mailed regarding this
application.
(k) At the public hearing City staff informed the Planning Commission
that the Main Street Specific Plan Zone standards regarding hours of operation cannot be
modified by the Planning Commission or City Council, unless a CUP condition granted
prior to the establishment of the Main Street Specific Plan Zone grants such authority.
The City would need to revise the provisions of the Main Street Specific Plan and
ultimately the Main Street Specific Plan Zone to consider such requests. In discussing
this matter further with the City Attorney, it was determined that a "variance" from the
allowable operating hours could not be considered by the City, as such a request does not
relate to an unusual circumstance of condition that is related to the property; it would
relate to an operational characteristic of the premises.
(1) At the public hearing the applicant spoke in favor of the request
and 5 persons spoke in opposition to the request for a full alcohol license.
Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this resolution and pursuant to ~~ 18-1250,28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 05-14, as proposed to be conditioned
regarding business operations to not allow alcohol sales, is consistent with the provisions
of the Land Use Element of the City's General Plan, which provides a Main Street
Specific Plan zoning designation for the subject property and permits restaurants, either
serving alcoholic beverages or not, 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 based on the following:
(1) The proposed project would be a positive addition to the
commercial character of Main Street, providing services to be residents of the community
and visitors to the City, while providing an additional dining option on Main Street that
does not now exist
(2) The proposed restaurant is in conformance with several
urban design factors that are identified within the adopted Main Street Specific Plan and
the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250 through 28-
1257 of the Seal Beach Municipal Code. The applicable urban design factors include:
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
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December 7, 2005
(3) The proposed restaurant reinforces the above identified
urban design factors specified in the Main Street Specific Plan and further complies with
the provisions of Section 28-1253.A.l, 28-1253.AA, and Section 28-1253.A.6., which
discusses transparency of store fronts; fayade setbacks, including outdoor restaurant
seating areas; and fayade width and appearance of interconnecting buildings.
(4) The proposed restaurant area of 1,865 square feet will
require the provision of 17 additional off-street parking spaces, or the payment of an
additional in-lieu parking fee of $3,500.00 per space in accordance with the provisions of
Section 28-1256 of the Main Street Specific Plan Zone standards. The total 'in-lieu" fee
that will be required to be paid for the new restaurant use is $59,500.00.
(5) The proposed use of the subject premises as a restaurant
with alcohol sales is incompatible with the surrounding neighborhood given the existing
overconcentration of alcohol licenses within the "Old Town" area of the City, as set forth
in the Planning Commission Staff Report.
(b) The proposed use, as proposed to be conditioned regarding
business operations to not allow alcohol sales, is consistent with the intent and purpose
and vision established for the Main Street Specific Plan based on the following:
(1) The provision of a restaurant is in conformance with
several urban design factors that are identified within the adopted Main Street Specific
Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o
Provision of transparent storefronts with views into shops, offices, and
restaurants;
Eclectic architecture without national trademark buildings; and
Building facades limited to 35-50 feet in width.
(2) The proposed restaurant reinforces these identified urban
design factors specified in the Main Street Specific Plan and further complies with the
provisions of Section 28-1253.A.1, 28-1253.AA, and Section 28-1253.A.6., which
discusses transparency of store fronts; fayade setbacks; and fayade width and appearance
of interconnecting buildings.
(3) The proposed restaurant is located within a Census Tract,
995.12, that has been identified by the State Department of Alcoholic beverage Control
as being over-concentrated. Issuance of a full alcohol sales license would be
incompatible with the goals and policies of the Main Street Specific Plan, based on the
alcohol and drug related incident and arrest information entered into the record of the
public hearing.
(4) The record of alcohol and drug related incidents and arrests
presented by the Police Department, and included within the Planning Commission Staff
Report, regarding the Main Street Specific Plan Area indicate a direct correlation with
alcohol sales and these types of incidents and arrests, and further indicate that restaurants
with a full alcohol license generate more such incidents that establishments with only a
beer and wine license.
(5) The proposed use of the subject premises as a restaurant
with alcohol sales is incompatible with the surrounding neighborhood given the existing
o
o
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December 7, 2005
overconcentration of alcohol licenses within the "Old Town" area of the City, as set forth
in the Planning Commission Staff Report.
(c) The building and property at 320 Main St. are adequate in size,
shape, topography and location to meet the needs of the proposed use of the property, as
proposed to be conditioned based on the following:
(1) The proposed restaurant location is blocked by the mass of
the existing I-story and 2-story commercial buildings located adjacent to the subject
property and therefore noise impacts to the residential neighborhood to the east would not
be expected to be adverse from the dining functions.
(2) The proposed restaurant area is 1,865 square feet in size
and is proposed to accommodate approximately 50 seats and additional 21 seats at a
proposed bar area to be located along the northern interior wall of the restaurant. The
kitchen, restroom, storage, and office areas are proposed to be located at the rear of the
subject building space.
(3) The subject property is a trapezoidal shaped property
having 110 feet of frontage on Main Street and 78 feet of frontage along the City-owned
parking lot that is located to the south of the subject property, containing approximately
8,362 square feet. The subject tenant space has 29 feet of frontage along Main Street.
The property is developed with existing single-story retail buildings that contains a total
of approximately 6,500 square feet of leasable space, including the proposed 1,865
square foot restaurant, a soon to be opened 1,500 square foot mattress sales store, the
existing 1,500 square foot Abbey Restaurant, and the existing 1,500 square foot Furnace
store, a clothing/sporting goods store.
(d) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use based on the
following:
(1) The proposed project will be required to comply with all
standard building, fire, and health code provisions for the proposed uses of the subject
property.
(2) The project proponent will be required to pay the required
in-lieu parking fee of $59,500.00 in accordance with the provisions of Section 28-1256
prior to issuance of the building permit for the tenant improvements for said restaurant
use.
(3) The project proponent will be required to comply with all
applicable provisions of Chapter 9.25, Fats, Oil and Grease Management and Discharge
Control as part of the building plan check process for the necessary tenant improvements.
(e) 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 based on the following:
(1) The proposed restaurant will serve both residents and
visitors of Seal Beach.
(2) The proposed restaurant location is blocked by the mass of
the existing I-story and 2-story commercial buildings located adjacent to the subject
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Planning CommissIOn ResolutIOn 05-62
Conditional Use Permit 05-14 -302 Mam Street
December 7, 2005
property and therefore noise impacts to the residential neighborhood to the east would not
be expected to be adverse from the dining functions.
(3) The proposed restaurant is located within a Census Tract,
995.12, that has been identified by the State Department of Alcoholic Beverage Control
as being over-concentrated.
(4) The record of alcohol and drug related incidents and arrests
presented by the Police Department, and included within the Planning Commission Staff
Report, regarding the Main Street Specific Plan Area indicate a direct correlation with
alcohol sales and these types of incidents and arrests, and further indicate that restaurants
with a full alcohol license generate more such incidents that establishments with only a
beer and wine license.
(5) The proposed use of the subject premises as a restaurant
with alcohol sales is incompatible with the surrounding neighborhood given the existing
overconcentration of alcohol licenses within the "Old Town" area of the City, as set forth
in the Planning Commission Staff Report.
(t) The use will contribute to the unique character of Main Street and
the qualities that provide Main Street a sense of identity based on the following:
(1) The proposed restaurant will comply with several urban
design factors that are identified within the adopted Main Street Specific Plan and the
resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250 through 28-
1257 of the Seal Beach Municipal Code. The applicable urban design factors include:
o Provision of transparent storefronts with views into shops,
offices, and restaurants;
o Eclectic architecture without national trademark buildings;
and
o Building facades limited to 35-50 feet in width.
(2) The proposed restaurant reinforces these identified urban
design factors specified in the Main Street Specific Plan and further complies with the
provisions of Section 28-1253.A.1, 28-1253.A.4, and Section 28-1253.A.6., which
discusses transparency of store fronts; fayade setbacks; fal(ade width; and appearance of
interconnecting buildings.
(3) The record of alcohol and drug related incidents and arrests
presented by the Police Department, and included within the Planning Commission Staff
Report, regarding the Main Street Specific Plan Area indicate a direct correlation with
alcohol sales and these types of incidents and arrests, and further indicate that restaurants
with a full alcohol license generate more such incidents that establishments with only a
beer and wine license.
(4) The proposed use of the subject premises as a restaurant
with alcohol sales is incompatible with the surrounding neighborhood given the existing
overconcentration of alcohol licenses within the "Old Town" area of the City, as set forth
in the Planning Commission Staff Report.
(g) The proposed use complies with all applicable City Council
Policies, such as the policies the Council has adopted concerning alcohol uses based on
the following:
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(1) The proposed project is to be conditioned for approval
utilizing all applicable standard conditions adopted by City Council Policy 600-1, on
February 22, 1993.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 05-14, subject to the following conditions:
1. Conditional Use Permit 05-14 is approved for a restaurant with no alcohol sales.
All tenant improvements shall be in substantial conformance with revised plans
submitted by the applicant at the public hearing for Conditional Use Permit 05-14.
2. The hours of operation shall be 10:30 AM to 10 PM, Sunday through Thursday,
and 10:30 AM to 11 PM on Friday and Saturday.
3. No video games or similar amusements shall be permitted on the premises unless
a separate conditional use permit is approved for that use.
4. 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.
5. 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.
6. 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.
7. The establishment must serve a complete menu of food until thirty (30) minutes
prior to closing time.
8. The project proponent shall pay the required in-lieu parking fee of $59,500.00 in
accordance with the provisions of Section 28-1256 prior to issuance of the
construction permits for the approved tenant improvements.
9. A grease trap/interceptor shall be provided for the restaurant in accordance with
the standards of Chapter 9.25 of the Seal Beach Municipal Code, "Fats, Oil and
Grease Management and Discharge Control", as part of the building plan check
process for the necessary tenant improvements.
10. 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
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December 7, 2005
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.
11. 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.
12. A modification of this CUP shall be applied for when:
a. The establishment proposes to change its type of liquor license.
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.
13. 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.
14. 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.
15. The term of this permit shall be 12 months. At the end of the initial term, the
applicant may apply for an indefinite extension of CUP 05-14. The commission
may grant an indefinite extension provided that all the conditions of approval
have been met and no significant police or other problems have occurred. The
applicant is hereby advised that a new application and accompanying fee must be
paid to the city prior to consideration of an indefinite extension.
16. 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.
17. 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 perfonnance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
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December 7, 2005
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 December
2005, by the following vote:
A YES: Commissioners
Deaton, O'Malley, Roberts and Shanks
NOES: Commissioners
ABSENT: Commissioners Ladner
ABSTAIN: Commissioners
~~
Gordon Shanks
Chairman of the Planning Commission
ittenberg
ecretary of the Planning Commis . n
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