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HomeMy WebLinkAboutPC Res 05-17 - 2005-05-04 RESOLUTION NUMBER 05-17 Ot9/CI. /tt4 <:' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-5 ALLOWING EXPANDED HOURS OF OPERATION TO OPEN FOR BREAKFAST AND TO ALLOW SMALL JUKE BOXES AT EACH OF TABLE FOR EXISTING RESTAURANT AT 209 MAIN STREET, SEAL BEACH (WOODY'S DINER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 25, 2005, Erik Johnson (the "Applicant"), filed an application with the Department of Development Services for ConditIOnal Use Permit 05-5 to expand the hours of operation to include breakfast and to allow small juke boxes at each table for Woody's Diner at 209 Main Street. 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 Conditional Use Permit 05-5 for the restaurant with expanded hours of operation and small juke boxes on the tables 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; pursuant to ~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; and dining uses were considered as part of Negative Declaration 96-2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on May 4,2005 to consider the application for Conditional Use Permit 05-5. Section 4. Based upon the facts contained in the record, including those stated in this resolution and pursuant to the City Code, the Planning CommiSSIOn makes the following findings: (a) CUP No. 05-5 is consistent with the provisions of the Land Use Element ofthe City's General Plan, which provides a Main Street Specific Plan zoning designation for the subject property and permits restaurants 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 proposed use is consistent with the intent and purpose and vision established for the Main Street SpeCIfic Plan. (c) 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. (d) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. (e) The proposed use complies with all applicable City council policies, such as the policies the Council has adopted concerning alcohol serving uses. Page 1 of6 Planning CommIssIOn ResolutIOn 05-17 CondItional Use Permit 05-5 - 209 Mam Street (Woody's Dmer) May 4, 2005 (f) This Conditional Use Permit is consistent with the provisions of the Land Use Element of the City's General Plan, which provides the Main Street Specific Plan designation for the subject area and permits restaurants 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. (g) The building and property at 209 Main Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (h) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 5 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 05-5, subject to the following conditions: 1. Conditional Use Permit 05-5 is approved for the ability to open for breakfast and to utilize small jukeboxes at each table in the restaurant located at 209 Main Street, Seal Beach. All interior floor plans shall be in substantial compliance with those approved as part of the previously approved Conditional Use Permit 92-23, and which apply to thIS Conditional Use Permit 05-5. 2. This Conditional Use Permit shall not become effective for any purpose unless an "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 10-day appeal period has elapsed. 3. All requirements of the Orange County Health Department and Uniform Building Code shall be met prior to occupancy. 4. The restaurant seating area shall not exceed the area designated on the floor plan as approved by the Planning Commission. 5. The rear of the building shall be posted as a no parking/loading zone between the hours of7:00 AM and 10:00 AM and shall be available for parking or loading at all other hours. The execution of this condition is subject to the review and approval of the Director of Development Services. 6. The applicant shall comply with all applicable provisions of Municipal Code Chapter 9.25, Fats, Oil and Grease Management and Discharge Control. 7. The business operator shall steam-clean the public sidewalk in front of the business location on a quarterly basis, and shall participate in any City-sponsored sidewalk cleaning program that the City may ultimately establish in the future. The business operator shall provide proof to the City on a yearly basis of compliance WIth said sidewalk steam-cleaning program. 8. The applicant shall furnish the City a copy of his ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 9. The hours of operation shall be: (a) 7:00 AM to 10:00 PM, Sunday through Thursday; and (b) 7 :00 AM to 11 :00 PM, Friday, Saturday and holidays 10. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. Tabletop jukebox machines are approved in conjunction with this Conditional Use PermIt 05-5. Page 2 of6 Planning CommISSIOn ResolutIOn 05-17 ConditIOnal Use PermIt 05-5 - 209 Mam Street (Woody's Dmer) May 4, 2005 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. A modification of the Conditional Use Permit shall be obtained 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 Conditional Use permit if any violation of the approved conditions occurs, any violation of the Code ofthe City of Seal Beach occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, Chapter 28 of the Code of the City of Seal Beach. 14. 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 residential or commercial areas. 15. 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 Seal Beach Mumcipal Code, to require the provision of additional security measures. 16. The establishment shall have a public telephone listing. 17. 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 which comply with the above criteria: 1. Department of Alcoholic Beverage Control L.E.A.D. Program. Telephone: (714) 558-6482 2. 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 18. The knowledge and skills deemed necessary for responsible alcoholic beverage service as set forth hereinabove, 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. Page 3 of6 Planning CommISsIOn ResolutIOn 05-17 ConditIOnal Use PermIt 05-5 - 209 Mam Street (Woody's Dmer) May 4, 2005 19. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishment 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 PM and 7:00 AM. 20. 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 City of Seal Beach if harm or retail related problems are demonstrated to occur as a result of criminal or antisocial behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 21. All alcoholic beverages sold in conjunction with the on-premise licensed establishment must be consumed entirely on the premises prior to closing time. The sale 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. 22. There shall be no live entertainment 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. 23. 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 13D. 24. 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 maintam continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. 25. All alcoholic beverages served in the outdoor dining area must be serviced in glass containers. 26. Interior remodeling and structural alteration shall be in substantial compliance with approved plans, and construction activity shall not commence until building permits have been obtained. 27. The applicant will prominently display these conditions of approval in a location within the business's customer area, in one or more locations acceptable to the Director of Development Services. 28. The applicant will make every effort to minimize noise to nearby residential properties. The rear door shall remain closed at all times, except as required by Building and FIre Code requirements. 29. The Director of Public Works/City Engineer shall evaluate the need for trash facilities directly in front of the subject business location. Upon the determination and discretion of the Director of Public Works/City Engineer, the proposed project applicant shall either: (a) Pay the City of Seal Beach to provide a trash container, which will be emptied by City forces, to be placed adjacent to or in the nearby vicinity of the business operation; or Page 4 of6 Planning CommIssIOn ResolutIOn 05-17 ConditIOnal Use Permit 05-5 - 209 Mam Street (Woody's Dmer) May 4, 2005 (b) The business operator shall purchase its own container, in a style approved by the Department of Public Works, and shall place said container within the public right-of-way and/or directly adjacent to its place of business during business hours. The business operator shall empty and remove the container from the public right-of-way at the end of each business day. 30. The Director of Public Works/City Engineer shall evaluate the need for a bike rack directly in front of the applicant's proposed place of business. Upon the determination and discretion of the Director of Public Works/City Engineer, the project applicant shall pay the City of Seal Beach to provide a bike rack, which will be maintained by City forces, to be placed adjacent to or in the nearby vicinity ofthe business. 31. Parking on the alley shall not be used between 7:00 am and 10:00 am to help protect the residential uses behind the restaurant. A sign shall be prominently posted adjacent to the parking area stating "No Parking from 7:00 am to 10:00 am." 32. 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. 33. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new restaurant. At the end of the initial term, the applicant may apply to the City Planning Commission. The Plannmg Commission may grant an extension as dIscussed above, provided that all 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 submitted to the City prior to consideration of any extensions. 34. 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 4th day of May 2005 by the following vote: AYES: Commissioners Ladner, Deaton, Roberts, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners None d%-. Phil Ladner Chairperson, Planning Commission Page 5 of6 Lee Whittenberg Secretary, Planning Commi sion **** Page 6 of6 Planning CommIssIOn ResolutIOn 05-17 ConditIOnal Use PermIt 05-5 - 209 Mam Street (Woody's Dmer) May 4, 2005