HomeMy WebLinkAboutPC Res 02-24 - 2002-05-22
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RESOLUTION NUMBER 02-24
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CUP NO. 02-11, MODIFYING THE
HOURS OF OPERATION OF A PREVIOUSLY
APPROVED LAND USE ENTITLEMENT TO
SELL BEER & WINE AT 101 MAIN ST., SUITE O.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On April 12, 2002, Michelle Mundy (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 02-11,
requesting the ability to change the hours of operation at an existing restaurant which serves
beer and wine for on-premises consumption only.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ H.B of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for CUP 02-
11 for the proposed change of hours at a restaurant which sells 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 of20% slope or.a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on May 22, 2002, to consider the application for CUP 02-11. 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 record of the hearing of May 22,2002 indicates the
following:
(a) On April 12, 2002, Michelle Mundy submitted an application for CUP
02-11 with the Department of Development Services.
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(b) Specifically, the applicant is proposing to change the hours of
operation to 7 AM to 11 PM Sunday through Thursday and 7 AM to 12 AM Friday and
Saturday at a restaurant which sells beer and wine for on premises consumption only.
(c) The subject property is described as Orange County Assessor's parcel
number 199-034-04
(d) The City has granted the following approvals for the propeJ.iy:
D CUP 10-76, allowing the sale of beer and wine for on-premises consumption only.
D Plan Review 2-77, approving a sign program (Entire Property)
D SPR 22-77 for the above mentioned sign program (Entire Property)
D V AR 1-77 for architectural projections into the front setback (Entire Property)
D CUP 7-80 for on-sale beer & wine at Giancola's restaurant
D CUP 4-82 to transfer above mentioned on sale beer and wine license
D MHD 2-84 to allow for a minor height variance for an architectural projections
(Entire Property)
D CUP 92-2 for on sale beer and wine license in conjunction with a new restaurant
(~) The proposed hours of operation are 7 AM to 11 PM Sunday through
Thursday, and 7 AM to 12 AM Friday and Saturday.
(f)
The surrounding land uses and zoning are as follows:
West
Commercial Businesses in the Main St. Specific Plan (MSSP)
zone
Residential housing in a Residential High Density (RHD) zone.
North
South
Residential housing in a Residential High Density (RHD) and
Commercial businesses in the Main St. Specific Plan (MSSP)
zone.
Beach & Pacific Ocean in a Public Land Use/Recreation (PLU/R)
Zone
East
(g) Captain John Schaeffer of the Seal Beach police department said that
he has no objections regarding the granting of this request.
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:
D Conditional Use Permit 02-11 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a Main St. Specific Plan zoning
designation for the subject property and permits restaurants serving alcoholic
beverages subject to the issuance of a conditional use pennit. The use is also
consistent with the remaining elements of the City's General Plan, as the policies of
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those elements are consistent with, and reflected in, the Land Use Element.
Accordingly, the proposed use is consistent with the General Plan.
D The proposed use is consistent with the intent and purpose and vision established for
the Main St. Specific Plan.
D The building and property at 101 Main St. 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.
D 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 St. and the qualities that
provide the Main St. a sense of identity.
D The proposed use complies with all applicable City Council Policies, such as the
policies the Council has adopted concerning alcohol uses.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 02-11, subject to the following conditions:
1. CUP # 02-11 is approved for the ability to serve beer and wine for on sale
consumption only.
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 skill enabling theJ.TI 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:
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D 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.
D The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, hann
themselves or innocent victims as a result of the excessive consumption of
alcoholic beverages.
D 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:
D Provider:
Program:
Telephone:
Date:
Time:
Cost:
Place:
D Provider:
Program:
Telephone:
Date:
Cost:
Department of Alcoholic Beverage Control
Licensee Education on Alcohol & Drugs (LEAD)
(714) 558-4101
1 se Monday of each month
10:00 a.m. to 1 :30 p.m.
Free
ABC, 28 Civic Center Plaza, Santa Ana
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
7. The hours of operation shall be 7 AM to 11 PM, Sunday through Thursday and 7 AM
to 12 AM Friday and Saturday.
8. No video games or similar amusements shall be pennitted 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
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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 detennines security problems exist on the site, the Conditions of this
pennit 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 pennitted 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" fonn 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.
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 o,ccur 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. 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.
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20. The term of this permit shall be 12 months. At the end of the initial term, the
applicant may apply for an indefinite extension of CUP 02-11. 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.
21. The applicant remains bound by all conditions approved through prevIOUS
entitlements on the property including (but not limited to) CUP 92-2.
22. All windows and doors will be closed by 10 PM daily.
23. The applicant shall indeJ.TInify, 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
perfonnance 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 22nd day of May 2002, by the following vote:
AYES: Commissioners
Hood, Cutuli, Brown, Sharp, Ladner
NOES: Commissioners
ABSENT: Commissioners
David Hood, Ph.D.,
Chairman of the Planning
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