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HomeMy WebLinkAboutPC Res 05-53 - 2005-12-07 RESOLUTION NUMBER 05-53 OR/G/f// "14~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN OUTDOOR DINING AREA OF APPROXIMATELY 145 SQUARE FEET IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 320 MAIN STREET (CONDITIONAL USE PERMIT NO. 05-11) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 3,2005, Conrad Mingura and Robert Marshall, (the "Applicants") filed an application with the Department of Development Services for Conditional Use Permit 05-11, requesting approvals of the following requests: o To add an outdoor dining area of approximately 145 square feet; o upgrade the current alcohol sales license from beer and wine to a full alcohol license; o change the approved hours of operation from 10:30 AM to 11 PM on Friday and Saturday to 10:30 AM to midnight; and o to allow live entertainment on Friday, Saturday and Sunday. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ H.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 05-11 for the requested land use entitlements at a restaurant which currently is authorized to sell 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 November 9, 2005, to consider the application for CUP 05-11. 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 Z \My Documents\RESO\CUP 05-11 PC Reso doc\LW\II-29-05 Planning CommissIOn ResolutIOn 05-53 Conditional Use Permll 05-11 - 320 Mam Street December 7, 2005 (a) On October 3, 2005, Conrad Mingura and Robert Marshall, (the "Applicants") filed an application with the Department of Development Services for Conditional Use Permit 05-11. (b) Specifically, the applicant is proposing: o to add an outdoor dining area of approximately 145 square feet; o upgrade the current alcohol sales license from beer and wine to a full alcohol license; o change the approved hours of operation from 10:30 AM to 11 PM on Friday and Saturday to 10:30 AM to midnight; and o to allow live entertainment on Friday, Saturday and Sunday. (c) The subject property is described as Orange County Assessor's Parcel # 043-113-37. (d) The subject restaurant is 1,955 square feet in size and comprises an 870 square foot seating area with 64 seats and an additional 14 seats at a new bar area, a 720 square foot area for kitchen and service areas, and 365 square feet is utilized for restrooms, hallways, etc. (e) The subject property is approximately 5,198 square feet and is developed with an existing 5,320 square foot, 2-story retail building that contains the subject restaurant, and a 1,000 square foot law office on the ground floor, with a medical office and travel agency on the second floor; both of which are 1,160 square feet in size. (f) The subject property has received the following approvals from the City: o V AR 84-11 was initially approved on November 7, 1984 to construct a new 5,320 square foot, 2-story retail building with less than the required parking (Entire Property) through the adoption of Planning Commission Resolution 1346. The approved variance allowed 5 parking spaces to be provided, when the zoning provisions at that time required a total of 24 spaces to be provided; a variance of 19 spaces. The November 1984 approval included a 1,000 square foot restaurant area. On December 4, 1985 the Planning Commission considered and approved an "Amendment of Variance 11-84" that allowed for the restaurant area to be 1,955 square feet, resulting in a variance for 26 parking spaces. The Commission did not adopt a new resolution; the previously adopted Resolution 1346 was amended to reflect the revised conditions as approved by the Commission. o CUP 85-20 was approved by the Planning Commission on December 18, 1985 for on-sale beer and wine ~ales in conjunction with a proposed new restaurant (the subject property) by the adoption of Planning Commission Resolution 1402. The subject premise has operated as a restaurant since 1986, first as Bayou St. John and most recently as Caroline's. CUP 05-11 PC Reso 2 Planning Commission ResolutIOn 05-53 CondItIOnal Use Pernllt 05-11 - 320 Mam Street December 7, 2005 (g) The nearest residential property is located immediately to the east of the property, across the alley to the rear of the subject property. (h) The surrounding land uses and zoning are as follows: D NORTH, SOUTH and WEST - Retail businesses in the Main Street Specific Plan (MSSP) zone. D EAST - Residential uses in the Residential High Density (RHD) zone. (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 4, 2005 the Planning Department has received 1 letter in opposition to 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 applicants spoke in favor of the request and 8 persons spoke in opposition to the requests for a full alcohol license and live entertainment. 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 05-11, as proposed to be conditioned regarding business operations, 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 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 based on the following: (1) The provision of outdoor dining areas 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 CUP 05-11 PC Reso 3 Planmng Commission ResolutIOn 05-53 CondItIOnal Use Permit 05-11 - 320 Main Street December 7, 2005 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 outdoor dining area 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.1, 28-1253.A.4, 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. (3) The subject premises has been licensed for the sale of beer and wine since 1985 and neither the City or the Department of Alcoholic Beverage Control has experienced any significant enforcement issues at this location during that time. Since the premises is already licensed to serve alcohol there is no over- concentration issue created by the proposed change in the type of license, as the criteria utilized by the Department of Alcoholic Beverage Control does not differentiate between the type of on-premise sales licenses, and this premise is already counted in the ABC database as an existing establishment. (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 business operator may apply for limited live entertainment events in conformance with the adopted Special Event policies and procedures of the City. (b) The proposed use, as proposed to be conditioned by the approval of the requested outdoor dining area, with no change in (1) business operating hours, (2) no change to the current alcohol license for only beer and wine, a limitation of no more than 8 seats at the new bar area, and (4) no allowance for live entertainment other than that permitted through the Special Event process of the City, is consistent with the intent and purpose and vision established for the Main Street Specific Plan based on the following: (1) The provision of outdoor dining areas 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. CUP 05-11 PC Reso 4 Planmng ComnllSSlOn ResolutIOn 05-53 Conditional Use Permit 05-11 - 320 Mam Street December 7,2005 (2) The proposed outdoor dining area 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; fa<;ade setbacks, including outdoor restaurant seating areas; and fa<;ade width and appearance of interconnecting buildings. (3) The subject premises has been licensed for the sale of beer and wine since 1985 and neither the City or the Department of Alcoholic Beverage Control has experienced any significant enforcement issues at this location during that time. Since the premises is already licensed to serve alcohol there is no over- concentration issue created by the proposed change in the type of license, as the criteria utilized by the Department of Alcoholic Beverage Control does not differentiate between the type of on-premise sales licenses, and this premise is already counted in the ABC database as an existing establishment. 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 business operator may apply for limited live entertainment events in conformance with the adopted Special Event policies and procedures of the City. (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 by the approval of the requested outdoor dining area, with no change in (1) business operating hours, (2) no change to the current alcohol license for only beer and wine, a limitation of no more than 8 seats at the new bar area, and (4) no allowance for live entertainment other than that permitted through the Special Event process of the City based on the following: (1) The proposed outdoor dining area is blocked by the mass of the existing 2-story commercial building and therefore noise impacts to the residential neighborhood to the east would not be expected to be adverse from the dining functions. (2) The subject restaurant is 1,955 square feet in size and comprises an 870 square foot seating area with 64 seats and an additional 14 seats at a new bar area, a 720 square foot area for kitchen and service areas, and 365 square feet is utilized for restrooms, hallways, etc. (3) The subject property is approximately 5,198 square feet and is developed with an existing 5,320 square foot, 2-story retail building that contains the subject restaurant, and a 1,000 square foot law office on the ground floor, with a medical office and travel agency on the second floor; both of which are 1,160 square feet In SIze. (4) CUP 85-20 was approved by the Planning Commission on December 18, 1985 for on-sale beer and wine sales in conjunction with a proposed new restaurant (the subject property) by the adoption of Planning Commission Resolution 1402. The subject premise has operated as a restaurant since 1986, first as Bayou St. John and most recently as Caroline's. CUP 05-11 PC Reso 5 Planning CommiSSIOn ResolutIOn 05-53 Conditional Use Pennlf 05-11 - 320 Mam Street December 7, 2005 (5) The business operator may apply for limited live entertainment events in conformance with the adopted Special Event policies and procedures of the City. (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. (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, as proposed to be conditioned by the approval of the requested outdoor dining area, with no change in (1) business operating hours, (2) no change to the current alcohol license for only beer and wine, a limitation of no more than 8 seats at the new bar area, and (4) no allowance for live entertainment other than that permitted through the Special Event process of the City, based on the following: (1) The proposed restaurant expansion will serve both residents and visitors of Seal Beach. (2) The proposed outdoor dining area is blocked by the mass of the existing 2-story commercial building and therefore noise impacts to the residential neighborhood to the east would not be expected to be adverse from the dining functions. (3) The subject premises has been licensed for the sale of beer and wine since 1985 and neither the City or the Department of Alcoholic Beverage Control has experienced any significant enforcement issues at this location during that time. Since the premises is already licensed to serve alcohol there is no over- concentration issue created by the proposed change in the type of license, as the criteria utilized by the Department of Alcoholic Beverage Control does not differentiate between the type of on-premise sales licenses, and this premise is already counted in the ABC database as an existing establishment. 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 business operator may apply for limited live entertainment events in conformance with the adopted Special Event policies and procedures of the City. (f) The use will contribute to the unique character of Main Street and the qualities that provide Main Street a sense of identity, as proposed to be conditioned by the approval of the requested outdoor dining area, with no change in (1) business operating hours, (2) no change to the current alcohol license for only beer and wine, a limitation of no more than 8 seats at the new bar area, and (4) no allowance for live entertainment other than that permitted through the Special Event process of the City, based on the following: CUP 05-11 PC Reso 6 Plannmg CommissIOn ResolutIOn 05-53 Conditional Use Pernut 05-11 - 320 Mam Street December 7, 2005 (1) The proposed restaurant with outdoor seating 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 outdoor dining area reinforces these 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.A.4, 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. (3) The subject premises has been licensed for the sale of beer and wine since 1985 and neither the City or the Department of Alcoholic Beverage Control has experienced any significant enforcement issues at this location during that time. Since the premises is already licensed to serve alcohol there is no over- concentration issue created by the proposed change in the type of license, as the criteria utilized by the Department of Alcoholic Beverage Control does not differentiate between the type of on-premise sales licenses, and this premise is already counted in the ABC database as an existing establishment. 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 business operator may apply for limited live entertainment events in conformance with the adopted Special Event policies and procedures of the City. (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: (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 05-11, subject to the following conditions: 1. Conditional Use Permit 05-11 is approved for a Type 41 License for on sale consumption only, and for an outdoor dining area of approximately 145 square feet in the existing front setback area adjacent to Main Street. 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). CUP 05-11 PC Rcso 7 Plannmg COmnllSSlOn Resolution 05-53 ConditIOnal Use PermIt 05-11 - 320 Main Street December 7, 2005 3. 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 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: o 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. o 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. o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing under age customers. 6. The following organizations provide training programs, which comply with the above criteria: o Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: 1 stt Monday of each month Time: 10:00 a.m. to 1 :30 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza; Santa Ana Program: Telephone: Date: Cost: 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 o Provider: CUP 05-11 PC Reso 8 Planmng Commission ResolutIOn 05-53 ConditIOnal Use Permit 05-11 - 320 Mam Street December 7, 2005 7. The hours of operation shall be 10:30 AM to 11 PM, nightly, as previously approved pursuant to Conditional Use Permit 85-20, approved on December 18, 1985. 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. 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. 11. 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. 12. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 13. The project proponent shall pay the required in-lieu parking fee of $7,000.00 in accordance with the provisions of Section 28-1256 prior to issuance of the building permit for the construction of the approved decorative separation walls around the outdoor dining area. This payment for the outdoor seating area does not eliminate the current obligations of the property owner to continue to participate in the in-lieu program for 26 spaces as established in accordance with the approved conditions of Variance 11-84. 14. Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 15. All alcoholic beverages served in the outdoor dining area must be served in glass containers. 16. A decorative separation wall at least 42" in height shall be installed to enclose the outdoor dining area from Main Street and adjoining business entrances. Said decorative separation wall to be approved by the Director of Development Services. CUP 05-11 PC Reso 9 Plannmg CommIssion ResolutIOn 05-53 CondItIonal Use Permit 05-11 - 320 Main Street December 7, 2005 17. 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. 18. The applicant remains bound by all conditions approved through previous entitlements on the property including (but not limited to) CUP 85-2 and Variance 11-84. 19. 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. 20. 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. 21. 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. 22. 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. 23. The term of this permit shall be 6 months. At the end of the initial term, the applicant may apply for an indefinite extension of CUP 05-11. 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. 24. 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. CUP 05-11 PC Reso 10 Plannmg CommiSSIOn ResolutIOn 05-53 Conditional Use Permit 05-11 - 320 Mam Street December 7, 2005 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, 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 December 2005, by the following vote: AYES: Commissioners Deaton, O'Malley, Roberts and Shanks NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners .~~~ Gordon Shanks Chairman of the Planning Commission L ittenberg ecretary of the Planning Commissi CUP 05-11 PC Rcso 11