HomeMy WebLinkAboutPC Res 05-07 - 2005-03-09
RESOLUTION NUMBER 05-7
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF PREVIOUSL Y
APPROVED CONDITIONAL USE PERMIT 00-11
PERMITTING AN EXISTING RESTAURANT TO
REMAIN OPEN TO SERVE DINNER AND THE
SALE OF ALCOHOL FOR ON SITE CONSUMPTION
AT 137 MAIN STREET (OLD TOWN CAFE).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On January 10, 2005, Stephen Prichard, on behalf of Manuel
Lopez (the "Applicant"), filed an application with the Department of Development Services for
Conditional Use Permit 00-11 (Indefinite Extension) to continue the ability to remain open for
dinner and the sale of beer and wine for on site consumption at the Old Town Cafe at 137 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 CUP
00-11 (Indefinite Extension) for the restaurant with sale of beer and wine for off-site
consumption is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 California Code of Regulations ~ 1530 1 (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 ofthe Main Street Specific Plan.
Section 3. A duly noticed public hearing was scheduled before the Planning
CommissIOn on March 9, 2005 to consider the application for ConditIOnal Use Permit 00-11
(Indefinite Extension).
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
findmgs:
(a) CUP No. 00-11 (Indefinite Extension) 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.
(b) The proposed use is consistent with the intent and purpose and VIsion
established for the Main Street Specific Plan.
(c) The building and property at 137 Mam Street are adequate in size, shape,
topography and location to meet the needs of the proposed use of the property.
(d) Required adherence to applicable building and fire codes ensures there
will be adequate water supply and utilities for the proposed use.
(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.
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Plannmg CommISSIOn ResolutIOn No 05-7
CUP 00-11 (Indefinite ExtensIOn)
Old Town Cafe - 137 Mam Street
March 9, 2005
(f) The use contributes to the unique character of Main Street and the
qualIties that provide the Main Street sense of identity.
(g) The proposed use complies with all applicable City Council policies, such
as the policies the Council has adopted concerning alcohol serving uses.
(h) The California Alcohol Beverage Control license was issued on January 7,
2003.
(i) The on-premIses sale of beer and wine, 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 CahfornIa Department of
Alcoholic Beverage Control should mitigate any negative impacts to neighbOrIng residential
properties.
Section 5 Based upon the foregoing, the Planning Commission hereby
approves CondItional Use Permit 00-11 (Indefinite Extension), subject to the following
conditions:
1. CUP No. 00-11 (Indefinite Extension) is approved for the ability to remain open for
dinner and to serve beer and wine for on-premises consumption.
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).
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 sk1l1 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:
. 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.
. 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.
. Alcohol as a drug and its effects on the body and behavior, including the operation of
motor vehicles.
. Methods of dealing with intoxicated customers and recognizing under age customers.
6. The following organizations provide training programs, which comply with the above
cri term:
. Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1 st Monday of each month
10:00 a.m. to 1 :30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
. Provider:
Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Page 2 of4
Planning CommISsIOn ResolutIOn No 05-7
CUP 00-11 (Indefinite ExtensIOn)
Old Town Cafe - 137 Main Street
March 9, 2005
Program:
Telephone:
Date:
Serving Alcohol Responsibly (BARCODE)
(714) 834-4058
By appointment
7. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday and
7:00 a.m. to 11:00 p.m. Fnday and Saturday.
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. 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.
11. 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.
12. 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.
13. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
14. There shall be no live entertainment, amplified music, or dancing permitted on the
premises at any time.
15. 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.
16. 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 penod has elapsed.
17. 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.
18. 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.
19. 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
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Planning CommIssIOn ResolutIOn No 05-7
CUP 00-11 (Indefinite ExtensIOn)
Old Town Cafe - 137 Main Street
March 9, 2005
or supplymg work, services, materials, or supphes 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, mjury 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.
20. 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 the business.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the CIty of Seal Beach
at a meeting thereof held on the 9th day of March 2005 by the following vote:
AYES: Commissioners
Shanks, Deaton, Roberts, and Sharp
NOES: Commissioners
None
ABSENT: Commissioners Ladner
~~
Vice-Chairperson, Planning Commission
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