HomeMy WebLinkAboutCC AG PKT 2009-07-13 #AAf-iViE~®~ ~~~~~ ~~~®i`i~
DATE: July 13, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager ,,
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: APPR®VA~ OF C®iV®ITI®IVr4L USE PERiV617' 09-3
21 o nn~o~ sT~EEr (W~~i sus~i~
sU~nnnA~v ®~ ~EC~UEST:
Consider Adopting Resolution No. 5899, in its proposed form or as may be
amended by the City Council, approving the establishment of a new restaurant
and the on-premise sale of alcoholic beverages at 210 Main Street (Conditional
Use Permit No. 09-3).
~AC~CGF~®U~V®:
The City Council considered this matter at a public hearing on May 11, 2009 and
at a continued public hearing on June 8, 2009. Upon concluding the public
hearing and consideration of all evidence and testimony submitted, the Council
directed staff to prepare a draft resolution approving the subject Conditional Use
Permit with appropriate conditions. Staff has prepared a draft resolution with
draft conditions for City Council consideration and is recommending the adoption
of said resolution.
As noted by the City Attorney at the conclusion of the public hearing, the Council
has the discretion to consider imposing any reasonable condition. The draft
Resolution contains the City's standard conditions typically imposed on
businesses issued CUPs for the on-premise sale of alcoholic beverages. During
the public hearing, the applicant and speakers in favor of the application raised
the issue of whether the permit could have a term. If the City Council determines
that an additional condition establishing a term is appropriate and reasonable,
the following language has been prepared by the City Attorney for City Council
consideration:
This Conditional Use Permit is valid for a term of 5 years from the
date of the granting of the Indefinite Extension of Conditional Use
Permit 09-3. Upon the expiration of Conditional Use Permit 09-3,
any application for a new Conditional Use Permit for the uses
Agenda Item /~1A
Page 2
conferred herein shall be considered at a public hearing of the
Planning Commission. The Commission may deny, approve or
conditionally approve the application subject to any reasonable
conditions of approval, based on the record of the public hearing.
If the City Council wants to impose this additional condition, it is recommended
that this additional condition be added as Condition 23 to Resolution No. xxxx.
FISCAL IMPACT:
None.
REC®MMEIV®ATI®LV:
Adopt Resolution
the on-premise s
Permit No. 09-3).
SUBMITTED BY:
No. 5899, approving the establishment of a new restaurant and
ale of alcoholic beverages at 210 Main Street (Conditional Use
_ /
ee Whittenberg
Director of Development Se ices
NOTED AND APPROVED:
6'-~ -~-V
David Carmany, City Manager
Attachment:
A. Resolution No. 5899
RESOLUTION NUMBER 5899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING THE ESTABLISHMENT OF A NEW
RESTAURANT AND THE ON-PREMISE SALE OF ALCOHOLIC
BEVERAGES AT THE RESTAURANT AT 210 MAIN STREET
(CONDITIONAL USE PERMIT NO. 09-3)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On March 5, 2009, Yong & Jane Park (the "Applicants") filed an
application with the Department of Development Services for Conditional Use }
Permit 09-3 requesting approvals of the following requests:
^ To establish a new restaurant; and
^ To allow the new restaurant to operate with a Type 41 (Beer & Wine -
Eating Place) ABC license.
Section 2. Pursuant to the Seal Beach Municipal Code, the City may
conditionally approve a restaurant use and the on-premise sale of alcoholic
beverages in conjunction with a restaurant use, subject to conditions designed to
ensure that the use is compatible with surrounding uses, the community in
general and the General Plan.
Section 3. Pursuant to the California Environmental Quality Act and the
regulations implementing the Act, specifically 14 Calif. Code of Regs. §§
15303(b) ("New Construction or Conversion of Small Structures") and 15315
("Minor Land Divisions"), this project is categorically exempt from formal
environmental review.
Section 4. After a duly noticed public hearing held on April 8, 2009, the
Planning Commission adopted Planning Commission Resolution No. 09-16
denying the subject applications, without prejudice.
Section 5. The Applicant duly filed a notice of appeal.
Section 6. The City Council considered the appeal at a duly noticed public
hearing de novo held on May 11, 2009 and June 8, 2009. On May 11, numerous
speakers, including the applicant, spoke in favor of the application and numerous
speakers spoke in opposition to the sale and service of alcohol at the site. In
addition, the City received several letters in support of and in opposition to the
proposed project. At the continued public hearing on June 8, numerous
speakers, including the applicant and the owner of the property, spoke in favor of
the application.
Section 7. The record of the hearing indicates the following:
(a) On March 5, 2009, Yong & Jane Park (the "Applicants") filed
an application with the Department of Development Services for Conditional Use
Permit 09-3.
(b) Specifically, the applicant is requesting approvals of the
following requests:
^ To establish a new restaurant; and
^ To allow the new restaurant to operate with a Type 41 (Beer
& Wine -Eating Place) ABC license.
(c) The subject property is described as Orange County
assessor's parcel # 199-043-12. -
Resolution Number 5899
(d) The proposed restaurant is approximately 1,087 square feet
in size and the proposed floor plan shows approximately 14 seats at tables and
an additional 8 seats at a bar area located along the southern interior portion of
the restaurant.
(e) The subject property is a rectangular shaped property that is
25'-0" feet wide by 117'-6" feet deep. The proposed lease space for the
restaurant shows an approximately 21'-11" by 55'-9" area. The property is
developed with an existing single-story retail building fronting Main Street, as well
as a two-story residential property with a single car garage at the rear of the
building. ,
(f) There is no record of the property receiving any previous
discretionary approvals or use permits from the City. The most recent business ''
that was located on the property was "Sweet Berry Bliss", a frozen yogurt shop.
This previous business was "grandfathered" as a permitted use within the Main
Street Specific Plan zone, and was also known as "Grandma's Cookies" prior to
the establishment of the frozen yogurt shop.
(g) Aside from the residential unit on the premises, the nearest
residential properties are located to the rear of the subject premises, east of the
alley to the rear of the property, approximately 75 feet from the proposed
business.
(h) The surrounding land uses and zoning are as follows:
^ NORTH, SOUTH, and WEST -Retail businesses in the
Main Street Specific Plan (MSSP) zone.
^ EAST -Residential uses in the Residential High Density
(RHD) Zone.
(i) A primary goal and objective for the City's General Plan is
the retention of the City's "small-town character." The Land Use Element of the
General Plan requires that the City's "small town feel" with a "small town like"
population shall be preserved and enhanced. In addition, the Land Use Element
directs the City to "continue to provide support for its residents, maintain its
infrastructure and provide jobs and housing balance while still maintaining its
small town atmosphere:'
Q) The subject property is located within the Main Street
Specific Plan area, which contains the following vision and statements relative to
the subject applications:
Vision - "The Main Street area is particularly important
because if is a cohesive agent for a city that is geographically
fragmented. The vision for Main Street is small town America.
Important features include a family town with friendly people who
care for each other. A pedestrian area where people walk and feel
safe on the street at night. An area with both architectural and
economic diversity with a mix of offices and businesses. Main
Street is surrounded by an area of mixed housing types and
institutions, creating a complete small town community. Although it
recognized that the area will have businesses that serve both
residents and visitors, the goal is to not have visitor serving uses
overwhelm the area at the expense of the small town character. !t
is recognized that when the weather and beach conditions are
attractive, the demand for parking may exceed the supply.°
Land Use (excerpts) - "However, of major importance, if not
the single most important element, is the mix of uses in close
proximity to one another.
Resolution Number 5899
The commercial uses are the key to the area's special
character. The commercial center has been able to retain its small
town character due to those businesses that depend on and
support the adjoining residential development. These uses are
traditionally found in a small town, village center."
Section 8. Based upon substantial evidence in the record of the
hearing, including the facts stated in Sections 1 through 7 of this
resolution, and pursuant to §§ 28-800, 28-2503 and 28-2504 of the City's
Municipal Code, the City Council hereby finds:
(a) The issuance of Conditional Use Permit 09-3 for a restaurant
serving alcohol in connection with the service of meals, as reasonably
conditioned, 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. The Main Street Specific Plan allows
restaurants serving alcohol in connection with the service of meals. The
proposed 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 based on the following:
(1) The proposed project, as reasonably conditioned,
would not result in an adverse addition to the commercial character of Main
Street. An additional restaurant business within the Main Street area would not
adversely impact parking availability for residents of the community and visitors
to the City.
(2) The proposed restaurant use, as reasonably
conditioned, is compatible with the surrounding neighborhood given the existing
distribution of restaurant uses within the Main Street Specific Plan area, and in
particular, restaurant uses with alcohol licenses within the "Old Town" area of the
City, as set forth in the Planning Commission Staff Report.
(b) The proposed use, as proposed by the project applicant and
as reasonably conditioned, is consistent with the vision established for the Main
Street Specific Plan based on the following:
(1) The proposed restaurant would be compatible with
the vision of the Main Street Specific Plan, which encourages both visitor and
resident-serving businesses.
(2) The record of alcohol and drug related incidents and
arrests presented by the Police Department, and included within the Planning
Commission Staff Report, regarding the Main Street Specific Plan Area indicate a
direct correlation with alcohol sales that are not regulated by City-approved
Conditional Use Permits, and further indicate that bars with an alcohol license
generate more such incidents that restaurant establishments with alcohol sales
licenses. The proposed use is to be regulated by aCity-approved Conditional
Use Permit and subject to specific operational conditions to reduce the potential
of adverse incidents of such use, and is not a bar use.
(3) The proposed use of the subject premises as a
restaurant with alcohol sales, as reasonably conditioned, is compatible with the
surrounding neighborhood, given the nature and extent of the operational
conditions to be imposed and would not result in quantifiable adverse impacts to
parking availability for both residents of the community and visitors to the City
within the Main Street Specific Plan area and the adjoining residential areas of
the City.
(c) The building and property at 210 Main St. are adequate in
size, shape, topography and location to meet the needs of the proposed use of
the property, based on the following:
(1) The subject property is a rectangular shaped property
that is 25'-0" feet wide by 117'-6" feet deep. The proposed lease space for the
restaurant shows an approximately 21'-11" by 55'-9" area. The property is
Resolution Number 5899
developed with an existing single-story retail building fronting Main Street, as well
as a two-story residential property with a single car garage at the rear of the
building.
(2) Based on the configuration of the proposed
restaurant's floor plan, the use would encompass a floor area of 1,087 square
feet. The required parking ratio for restaurants is 1:100. Thus, the proposed
restaurant would need 11 parking spaces. The proposed restaurant use would
be `grandfathered' for three (3) parking spaces, based on the MSSP parking
requirements for general retail uses (1:500). Thus, the Municipal Code requires
8 more spaces. As is true with other uses on Main Street, the applicant cannot
provide any on-site parking and is required to participate in the City's in-lieu
parking program established for the Main Street Specific Plan area. Thus, the
project does not adversely impact the parking availability for residents of the
community and visitors to the City within the Main Street Specific Plan area and
the adjoining residential areas of the City. ~ ':
(d) The proposed use is consistent with the Specific Plan's goal
to establish and maintain a balanced mix of uses that serve the needs of both
visitor and resident populations based on the following:
(1) The proposed restaurant with on-premise alcohol
sales would result in an additional visitor- and resident-serving land use to the
commercial character of Main Street by providing an additional restaurant
business within the Main Street area.
(2) The record of alcohol and drug related incidents and
arrests presented by the Police Department, and included within the Planning
Commission Staff Report, regarding the Main Street Specific Plan Area indicate a
direct correlation with alcohol sales that are not regulated by City-approved
Conditional Use Permits, and further indicate that bars with an alcohol license
generate more such incidents that restaurant establishments with alcohol sales
licenses. The proposed use is to be regulated by aCity-approved Conditional
Use Permit and subject to specific operational conditions to reduce the potential
of adverse incidents of such use, and is not a bar use.
(3) The proposed use of the subject premises as a
restaurant with alcohol sales, as reasonably conditioned, is compatible with the
surrounding neighborhood, given the nature and extent of the operational
conditions to be imposed and would not result in quantifiable adverse impacts to
parking availability for both residents of the community and visitors to the City
within the Main Street Specific Plan area and the adjoining residential areas of
the City.
(e) The use will contribute to the unique character of Main Street
and the qualities that provide Main Street a sense of identity based on the
following:
(1) The proposed restaurant with on-premise alcohol
sales would result in an additional visitor- and resident-searing land use to the
commercial character of Main Street by providing an additional restaurant
business within the Main Street area.
(2) The record of alcohol and drug related incidents and
arrests presented by the Police Department, and included within the Planning
Commission Staff Report, regarding the Main Street Specific Plan Area indicate a
direct correlation with alcohol sales that are not regulated by City-approved
Conditional Use Permits, and further indicate that bars with an alcohol license
generate more such incidents that restaurant establishments with alcohol sales
licenses. The proposed use is to be regulated by aCity-approved Conditional
Use Permit and subject to specific operational conditions to reduce the potential
of adverse incidents of such use, and is not a bar use.
(3) The proposed use of the subject premises as a
restaurant with alcohol sales, as reasonably conditioned, is compatible with the
surrounding neighborhood, given the nature and extent of the operational
conditions to be imposed and would not result in quantifiable adverse impacts to
parking availability for both residents of the community and visitors to the City
Resolution Number 5899
within the Main Street Specific Plan area and the adjoining residential areas of
the City.
Section 9. Based upon the foregoing, the City Council hereby approves
Conditional Use Permit 09-3 for a new restaurant with a Type 41 (Beer & Wine -
Eating Place) ABC license at 210 Main Street, subject to the following conditions:
1. Conditional Use Permit 09-3 is approved for a Type 41 ABC License, "On-
sale beer & wine -eating place" license designation as approved by the
State of California Department of Alcoholic Beverage Control. Said
license shall require a bona fide eating place on said premises.
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 or consumed on the premises shall be in
accordance with the license terms of the Alcohol Sales License issued by
the State of Califomia Department of Alcoholic Beverage Sales.
Consumption of alcoholic beverages is prohibited outside the
establishments enclosed building space. There shall be posting of signs
both inside and outside the licensed premises indicating that law prohibits
drinking outside the licensed premises.
4. There shall be no advertisements on the premises indicating the
availability of beer, and menus shall also not indicate the availability of
beer for sale on the premises.
5. It shall be the responsibility of the applicantnicensee 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
Califomia law.
6. 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.
7. The following organizations provide training programs, which comply with
the above criteria:
^ Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558-4101
Date: lstt Monday of each month
Time: 10:00 a.m. to 1:30 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Santa Ana
Resolution Number 5899
^ Provider. Oranoe County Health Care Aoencv
Alcohol & Drug Education Prevention Team (ADEPT)
Program: Serving Alcohol Responsibly (BARCODE)
Telephone: (714) 834-2860 * Karen Keay
Date: They will schedule appointments
Cost: $12.95 per person
8. The hours of operation shall be:
^ 11:00 a.m. to 10:00 p.m., Sunday through Thursday
^ 11:00 a.m. to 11:00 p.m., Friday, Saturday, and Holidays
9. No video games or similar amusements shall be permitted on the
premises unless a separate conditional use permit is approved for that
use.
10. 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.
11. 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 Citv of Seal Beach, to require the provisions of additional
security measures.
12. The project proponent shall pay the required in-lieu parking fee of
$28,000.00 in accordance with the provisions of Section 28-1256 prior to
issuance of the Conditional Use Permit and prior to the opening of the
business operation.
13. The establishment shall comply with Chapter 7.15, "Noise Control", of The
Code of the Citv 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 7.15.
14. The proposed restaurant shall comply with all requirements of Section
9.25 "Fats, Oil, and Grease Management and Discharge Control", as the
regulations of that Chapter now exist or may hereafter be amended,
including the installation of a grease control device and any other devices
or systems that may be required by the Department of Public Works.
15. 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 period has elapsed.
16. 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.
17. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The Code of the Citv 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 -
Resolution Number 5899
congregation of minors, violence, public drunkenness, vandalism,
solicitation and/or litter.
18. 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.
19. The term of this permit shall be 6 months from the date of ABC approval of
the new Type 41 license. At the end of the initial term, the applicant may
apply for an indefinite extension of CUP 09-3. 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.
20. 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.
21. 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.
22. Failure to comply with any of the aforementioned conditions may result in
the revocation of this Conditional Use Permit.
Section 10. Section 1094.6 of the California Code of Procedure and Seal Beach
Municipal Code Section 1.20.015 govern the time within which judicial review, if
available, of the City Council's decision must be sought, unless a shorter time is
provided by other applicable law.
(Intentionally Left Blank)
Resolution Number 5899
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach at a
meeting held on the 13th day of Julv , 2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5899 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 13th day
of Julv , 2009.
City Clerk