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HomeMy WebLinkAboutPC Res 05-29 - 2005-06-08 . . RESOLUTION NUMBER 05-29 O'-?/6't /fI4~ . . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 03-5 (INDEFINITE EXTENSION), PERMITTING A TYPE 47 ALCOHOL SALES & SERVICE LICENSE, INTERIOR REMODEL AND ADDITIONS TO PROPERTY AT 12489 SEAL BEACH BOULEVARD (MARIE CALLENDER'S RESTAURANT) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 14, 2004, Bob Barger (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 03-5 (Indefinite Extension). The conditional use permit was required for an indefinite extension of the change from existing on-sale beer and wine license to an on-sale general license, an interior remodel and various additions to the existing Marie Callender's Restaurant. Section 2. Pursuant to 14 California Code of Regulations ~15305 and ~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 03-5 for the proposed interior remodeling, additions, and outdoor patio dining area and change in on-premise alcohol sales license is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; the proposed additions will not result in an increase of more than 50% of the structure, or in excess of 10,000 square feet in an area where all public services and facilities are available to allow for maximum development under the General Plan and the area in which the project is located is not environmentally sensitive. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on November 3, 2004 to consider the application for Conditional Use Permit 03-5 (Indefinite Extension). At that meeting, the Planning Commission continued the matter for six months. Section 4. A duly noticed public hearing was scheduled before the Planning Commission on June 8, 2005 to consider the application for Conditional Use Permit 03-5 (Indefinite Extension). Section 5. The record of the hearing of June 8, 2005 indicates the following: (a) On October 14, 2004 Bob Barger (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 03-5 (Indefinite Extension). (b) On November 3, 2004, the Planning Commission continued Conditional Use Permit 03-5 (Indefinite Extension) [or six months. (c) The conditional use pennit was required to approve requests for the following items at an existing 7,225 square foot Marie Callender's Restaurant: o a proposed interior remodel o a proposed 671 square foot addition to the existing restaurant o a proposed 980 square foot open outdoor patio dining area o a proposed 273 square foot covered patio dining area o a proposed 296 square foot service yard area o a proposed 332 square foot front porch/entry area, and Page I of6 Planning CommissIOn ResolutIOn 05-29 CUP 03-5 (Indefinite ExtensIOn) - Marie Callender's 12489 Seal Beach Blvd June 8, 2005 o a proposed change to the existing on-sale beer and wine license to an on- sale general license. (d) The proposed development is located in the General Commercial (C-2) zone within Rossmoor Center, a 39.5-acre commercial shopping center site located at the northwest corner of Seal Beach Boulevard and St. Cloud Drive. The subject site is located in the southern portion of the shopping center site approximately 250 feet north ofSt. Cloud Drive. (e) That portion of the center south of Rossmoor Center Way comprises 31.26 and contains approximately 341,200 square feet of building area. This portion of the shopping center has recently undergone renovations. Major tenants within this area of the shopping center include: Kohl's Department Store, Home Goods, Stats, and Albertsons Market. (f) The major renovation was evaluated through Mitigated Negative Declaration 02-1. This environmental review document analyzed the potential impacts of the proposed demolition of 4 existing retail/theater/medical buildings (102,175 square feet) and construction of two new retail buildings for the Kohl's Department Store and the Home Goods Store (124,378 square feet). This project resulted in a net increase of 22,203 square feet of building area within the shopping center. o The Planning Commission approved the Mitigated Negative Declaration and an accompanying height variation request on April 17, 2002. o This project has since been constructed. (g) The existing Marie Callender's Restaurant Site has received the following discretionary land use entitlements from the City of Seal Beach: o Plan Review 26-70 - approving the construction of a Marie Callender's pie shop facility, was approved by the Planning Commission through the adoption of Resolution No. 451 on June 17, 1970. o Plan Review 4-72 - approving an addition of 2,675 square feet. to the existing Marie Callender's Restaurant was approved by the Planning Commission through the adoption of Resolution No. 622 on April 5, 1972. o Conditional Use Permit 80-10, approving the on-premise sale of beer and wine at the existing Marie Callender's Restaurant was approved by the Planning Commission through the adoption of Resolution No. 1211 on July 16, 1980. (h) Surrounding land uses and zoning are as follows: o North, South & West - remaining portions of Ross moor Center. o East - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Old Ranch Towne Center development, also in the City of Seal Beach. (i) The proposed style, height and bulk of the proposed commercial structure is consistent with surrounding commercial uses, which include large and small scale commercial structures in the same zoning area as the subject property. These uses are to the east, south, west, and north of the subject site, respectively. Similar development standards regarding building height and landscaping apply to those previously approved project components. The subject restaurant structure and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, off-street parking, and landscaping. Section 6. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: (a) CUP No. 03-5 (Indefinite Extension) is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits the on-sale service of alcoholic beverages and outdoor dining areas subject to the issuance of a Conditional Use Permit. The use is also Page 2 of6 . . Plannmg CommissIOn ResolutIOn 05-29 CUP 03-5 (Indefimte Extension) - Marte Callender's 12489 Seal Beach Blvd June 8, 2005 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) Subject to the proposed conditions of approval, the proposed use of the property as a full-service restaurant structure with an outdoor dining area, as approved herein, will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the proposed structure is sufficiently screened from adjoining uses by landscaping and the adjoining uses are retail components of the same shopping center, with another commercial retail complex located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time. (c ) The building and property at the subject site of Rossmoor Center are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The proposed style, height and bulk of the proposed restaurant structure is consistent with surrounding commercial uses located within Rossmoor Center, which include Kohl's Department Store, Home Goods, Stats, and Albertsons Market. This portion of the shopping center provides approximately 131% of the required parking for all uses located in the subject area. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. (d) The on-premises sale of beer, wine and distilled spirits, 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 Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. The nearest residential properties are approximately 350 feet to the south of the existing restaurant, in Rossmoor, and 850 feet west of the shopping center, in Seal Beach. In both directions, the restaurant is screened from the adjoining residential uses by other business structures located within Rossmoor Center. To the south is a small retail building of approximately 2,500 square feet and the service station facility. To the west is the existing Albertson's Market. Large parking areas are also provided between the restaurant structure and the adjoining residential areas. Sufficient conditions have been imposed by the City to ensure adequate supervision and separation of public areas of Rossmoor Center from the outdoor patio dining areas. (e) The subject development and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height, off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 03-5 (Indefinite Extension), subject to the following conditions: 1. Conditional Use Permit 03-5 (Indefinite Extension) is approved for California Department of Alcoholic Beverage Control (ABC) license Type 47, Alcohol Sales & Service. All development shall be in substantial compliance with the plans submitted as part of the application. 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). This shall be done as soon as the applicant receives the license from ABC. 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 or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. Page 3 of6 . . Planmng COmnllSSlOn Resolution 05-29 CUP 03-5 (Indefimte extensIOn) - Marie Callender's 12489 Seal Beach Blvd June 8. 2005 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. 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 recognizing under age customers. 6. The following organizations provide training programs, which comply with the above criteria: a. Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: 1 st Monday or Tuesday of each month Time: 10:00 a.m. to 1 :00 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Room 369, Santa Ana b. Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Program: California Coordinating Council for Responsible Beverage Service (C3RBS) Telephone: (714) 834-2860 Cost: $12.00 per person For special events training c. Provider: Orange County Health Care Agency Program: Project Path Telephone: (949) 757-1096 Cost: Free 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 the public welfare and morals. 8. Any alcoholic beverages sold to customers utilizing the outdoor dining space shall be served in bottles or glass containers only. 9. The hours of operation shall be 7:00 AM to 11:00 PM, Sunday through Thursday, and 7:00 AM to Midnight, Friday, Saturday, and holidays. 10. No video games or similar amusements shall be permitted on the premises. 11. 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. 12. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. Page 4 of6 , . Plannmg CommISSIOn ResolutIOn 05-29 CUP 03-5 (Indefimte extensIOn) - Mane Callender's 12489 Seal Beach Blvd June 8, 2005 13. A grease trap shall be provided for the restaurant in accordance with the standards of the Orange County Health Department and City of Seal Beach. 14. 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 ABC or a Special Activities permit is issued to the applicant by the City. 15. 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. 16. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 ofthe Code of the City of Seal Beach. 17. In the event staff determines that 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 measures. 18. The business establishment shall have a public telephone listing. 19. 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. 20. 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. 21. 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 Conditional Use Permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter l3D. 22. A modification of this Conditional Use Permit 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. 23. This Conditional Use Permit shall become null and void unless exercised within one (I) 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. 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 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. 25. The business operator shall comply with conditions of Planning Commission Resolution 03-37, adopted on October 8, 2003. Page 5 of6 , . , . 26. 27. Planning CommIssIon ResolutIOn 05-29 CUP 03-5 (Indefinite ExtensIOn) - MaYle Callender's 12489 Seal Beach Blvd June 8, 2005 The proposed patio at the northwest area of the restaurant, if constructed, will require a separate Conditional Use Permit (Indefinite Extension) after the area has been open and operational for six months. If any claim, action or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the this approval, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such action against City within ten working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if City fails promptly to notify Developer of any action against City, or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse all of City's defense costs including, without limitation, court costs, attorneys fees incurred by counsel selected by the City, and expert witness fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 8th day of June 2005 by the following vote: AYES: Commissioners Ladner, Roberts, and Shanks NOES: Commissioners None ABSENT: Commissioners Deaton ~er Chairperson, Planning Commission ~~ Lee WhIttenberg Secretary, Plannmg CommISSIOn **** Page 6 of6