HomeMy WebLinkAboutPC Res 05-04 - 2005-02-09
RESOLUTION NUMBER 05-4
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 01-14 (INDEFINITE
EXTENSION), APPROVING AN INDEFINITE
EXTENSION OF A PREVIOUSL Y APPROVED
CONDITIONAL USE PERMIT INCLUDING SALE OF
ALCOHOL FOR ON SITE CONSUMPTION AND
OUTDOOR PATIO DINING AT 12420 SEAL BEACH
BOULEVARD (DAPHNE'S RESTAURANT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December 6, 2004, Ed Hoban (the "Applicant") filed an
applicatIon with the Department of Development Services for Conditional Use Permit 01-14
(Indefinite Extension). The conditional use permit was required for an indefinite extension of
the sale of alcohol for on site consumption and outdoor patio dining for the existing Daphne's
Greek Cafe restaurant at 12420 Seal Beach Boulevard.
Section 2. Pursuant to 14 California Code of Regulations ~ 15025 and ~II.(C)
and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft
Environmental Impact Report (DEIR), to study the environmental impacts arising from the
proposed Bixby Ranch Towne Center Development Plan and related General Plan amendments.
The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998,
in compliance with the provisions of the California Environmental Quality Act (CEQA) and the
City's Local CEQA Guidelines. Upon completion of the public review period, a Final
Environmental Impact Report was reviewed by the Planning Commission at a public hearing
held on September 9, October 21, and November 4, 1998. After the public hearing, the Plannmg
Commission found, through the adoption of Planning Commission Resolution No. 98-37, that
the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report
(EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at
a public hearing on November 9 and November 17, 1998, the City Council adopted City Council
Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding
considerations. On August 23, 1999, the City Council conducted a public hearing to consider
revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999
writ Issued by the Orange County Superior Court. The approval of this resolution is within the
scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728
is hereby incorporated by this reference.
Section 3. A duly noticed public hearing was scheduled before the Planning
CommissIOn on January 19, 2005 to consider the application for Conditional Use Permit 01-14
(Indefinite Extension).
Section 4.
The record of the heanng of January 19, 2005 indicates the
following:
(a) On December 6, 2004, Ed Hoban (the "Applicant") filed an application
with the Department of Development Services for Conditional Use Permit 01-14 (Indefimte
Extension).
(b) A conditional use permit is required to allow on site consumption of
alcoholic beverages and to allow for the provision of outdoor seating for a restaurant business in
conjunction with the existing Daphne's Greek Cafe restaurant at 12420 Seal Beach Boulevard.
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Planmng CommISSIOn ResolutIOn 05-4
CondItIOnal Use PermIt 01-14 (Indefimte ExtensIOn)
Daphne's Greek Cafe 12420 Seal Beach Blvd
February 9, 2005
(c) The applicant is proposing to provide a maximum of 12 outdoor seats in
conjunction with a restaurant business on property located on the east side of Seal Beach
Boulevard, in what is commonly referred to as the "Bixby Old Ranch Towne Center."
(d) The development is located in the General Commercial (C-2) zone within
the Old Ranch Towne Center, a 26.045-acre commercial shoppmg center site located at the
northeast corner of Seal Beach Boulevard and St. Cloud.
(e) The commercial shopping center includes 286,967 square feet of retail
commercial floor area separated into numerous building pads, which includes an outdoor nursery
service area of approximately 10,000 square feet attached to one of those retail sites,
approximately 1,564 parking spaces and landscaping. Major tenants within the shopping center
include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On Drugstore; and Islands
Restaurant.
(f) Surrounding land uses are as follows:
North, South & East - remaining portions of Old Ranch Towne Center m the General
Commercial (C-2) zone.
West - Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor
Center development, in the City of Seal Beach.
(g) The City Council has approved requests by the Bixby Ranch Company for
General Plan amendments, zone changes, subdivision map approvals and development
agreement approvals to conform the General Plan land use designations and zoning of the subject
area to conform to the proposed uses of land set forth in this apphcation.
(h) The proposed development plan complies wIth all City standards
regarding minimum lot size, building setbacks, lot coverage, building height, landscapmg, and
parking requirements.
Section 5. 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. 01-14 (Indefinite Extension) is consistent with the provisions of
the Land Use Element of the City's General Plan, which provides a "general commercial"
designation for the subject property and permits outdoor food service areas and on site
consumption of beer and wine 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 building and property at the subject site of the Old Ranch Towne
Center are adequate in size, shape, topography and location to meet the needs of the proposed
use of the property. The entire shopping center is approximately 26 acres in area. Major tenants
within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; Sav-On
Drugstore; and Islands Restaurant. The proposed development plan complies with all City
standards regarding minimum lot size, building setbacks, lot coverage, bUIlding height,
landscaping, and parking requirements.
(c) Required adherence to applicable building and fire codes ensure there will
be adequate water supply and utilities for the proposed use.
(d) The nearest homes to the requested outdoor seating area are to the north
and east of the shopping center are in excess of 500 feet in either direction. Given the nature of
the outdoor seating area and the orientation of the seating area away from the residential
development and the distance to existing residential areas, the proposed outdoor seating area IS
compatible with the character of the surrounding area. Adherence to conditions of approval
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Planning CommISSIOn ResolutIOn 05-4
ConditIOnal Use PermIt 01-14 (Indefinite ExtensIOn)
Daphne's Greek Cafe 12420 Seal Beach Blvd
February 9, 2005
placed on the use by the City of Seal Beach should mitigate any negative impacts to neighboring
residential properties.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 01-14 (Indefimte Extension), subject to the following
conditions:
1. Conditional Use Permit 01-14 (Indefinite Extension) at 12420 Seal Beach Boulevard is
approved for an outdoor food service area, with a maximum of 12 outdoor seats at four
separate tables located adjacent to the storefronts on the east and south entrances of the
restaurant.
2. Maintain a minimum of a 4-foot clear pedestrian path between the proposed exterior seats
and tables and any adjacent structure columns or parking lot.
3. No beer or wine is to be served or consumed in the outdoor patio area. Signs shall be
posted inside and outside the restaurant clearly stating this restriction.
4. The applicant will prominently display these Conditions of Approval m a location within
the businesses' customer area that is acceptable to the Director of Development Services.
5. 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 provision of additional security measures.
6. A modIfication of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to change the type, number or general location of the
outdoor seating area.
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
estab lishment.
7. 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.
8. The applicant shall comply with all restrictions placed upon the license issued by the State
of California Department of Alcoholic Beverage Control.
9. The applicant shall furnish the City a copy of his or her 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.
10. The hours of operation shall be 11 :00 A.M. to 11 :00 P.M. daily.
11. All alcoholic beverages must be consumed within the building.
12. No video games or similar amusements shall be permitted on the premises.
13. 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.
14. The establishment shall have a public telephone listing.
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Planning CommIssIOn ResolutIOn 05-4
ConditIOnal Use Permit 0/-/4 (Indefinite ExtensIOn)
Daphne's Greek Cafe /2420 Seal Beach Blvd
February 9, 2005
15. 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 mfluence,
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, includmg the operation
of motor vehicles.
d. Methods for dealing with intoxicated customers and recognIzmg underage
customers.
The following organizations have been identified by the State Department of Alcohohc
Beverage Control as providing training programs that 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
16. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment, and operators of such establishments shall remove trash and debris on an
appropriate basis so as not to cause a health problem. 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.
17. 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 anti-social
behavior, including but not limited to the congregation of minors, violence, public
drunkenness, vandalism, solicitation and/or litter.
18. This Conditional Use Permit 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 l1Inety (90) days prior to such
expiration date.
19. All alcoholic beverages sold in conjunction with the on-premise licensed establishment
must be consumed entirely on the premises prior to closing time, and none shall be sold as
take-out.
20. Consumption 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.
21. Conditional Use Permit #01-14 (Indefinite Extension) shall be automatically terminated if
the operation is no longer maintained as a "bona fide public eating place" as defined by
the California Department of Alcoholic Beverage Control.
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Planning CommISSIOn ResolutIOn 05-4
CondItional Use PermIt 01-14 (Indefinite ExtensIOn)
Daphne's Greek Cafe 12420 Seal Beach Blvd
February 9, 2005
22. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
23. 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 the
State of CahfornIa Department of Alcoholic Beverage Control.
24. The proposed facility 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 noises generated by the facllity, the
Planl1lng Commission reserves the right to schedule the subject permit for reconsideration
and may require the applicant/operator to mitigate the noise level to comply WIth the
provisions of Chapter 13D.
25. The knowledge and skills deemed necessary for responsible alcoholic beverage servIce as
set forth in this resolution 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 ofmixology, including marketable alternatives to alcoholic beverages.
26. 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 nghts
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 mcurred 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 9th day of February 2005 by the following vote:
AYES: Commissioners Ladner, Roberts, and Sharp
NOES: Commissioners Shanks
ABSENT: Commissioners Deaton
il Ladner
Chairperson, Planning CommissIOn
ee ittenberg
Secretary, Planning Commissi
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