HomeMy WebLinkAboutPC Res 09-22 - 2009-08-05
RESOLUTION NUMBER 09-22
,
OR/S//1I
'1/4(
A RESOLUTION OF THE CITY OF SEAL BEACH
PLANNING COMMISSION APPROVING CONDITONAL
USE PERMIT 09-8 FOR A TYPE 41 ABC LICENSE (ON-
SALE BEER & WINE - EATING PLACE) IN CONJUNCTION
WITH AN EXISTING RESTAURANT USE AT 136-136~
MAIN STREET (pHO BASIL LEAF)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On April 3, 2009, Jennifer Ly and Michael Luu (the "Applicants")
filed an application with the Department of Development Services for Conditional Use Permit
09-8 requesting approval of a Type 41 ABC license (On-sale beer and wine - Eating place) in
conjunction with an existing restaurant.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301, staff has determined
as follows: The application for CUP 09-8 for the requested land use entitlements for a Type 41
ABC license 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 July 22, 2009, to consider the application for CUP 09-8. At the public hearing
the Planning Commission received evidence and testimony regarding said application.
Section 4.
The record of the hearing of July 22,2009 indicates the following:
(a) On April 3, 2009, Jennifer Ly and Michael Luu (the
"Applicants") filed an application with the Department of Development Services for Conditional
Use Permit 09-8. Specifically, the applicant is requesting approval of a Type 41 ABC license in
conjunction with an existing restaurant.
(b) The subject property IS described as Orange County
assessor's parcel # 199-040-30, and is 25' x 117.5' in size.
(c) The subject property is a rectangular property having 25
feet of frontage on Main Street and having 117.5 feet of depth, containing approximately 2,937.5
square feet. The property is developed with an existing single-story retail building that contains
a total of approximately 1,584 square feet of lease space and provides 2 parking spaces at the
rear of the property that are accessed by the alley.
10f8
Planning Commission Resolution No. 09-22
Conditional Use Permit 09-8
136-136~ Main Street (Pho Basil Leaf
August 5, 2009
(d) The restaurant area is approximately 1,584 square feet in
size and accommodates approximately 31 seats. The seating area consists of approximately 500
square feet, 33% of the building area, located at the front of the premises. The kitchen, restroom,
storage, and office areas are proposed to be located at the rear of the subject building space and
comprise the remaining approximate 1,084 square feet of floor area.
( e) The nearest residential property is located across the alley
to the rear of the subject property and easterly of the Main Street alley, approximately 40 feet
from the rear ofthe subject structure.
(f) The surrounding land uses and zoning are as follows:
D North, South, and West - Retail businesses in the Main Street Specific Plan
(MSSP) Zone.
D East - Residential uses in the Residential High Density (RHD) Zone.
(g) Lt. Bob Mullins with the Seal Beach Police Department has
reviewed the application and has no reservations or concerns regarding the subject requests.
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:
(a) Conditional Use Permit 09-8, as proposed to be conditioned
regarding business operations, 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 with alcohol licenses, 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 based on the
following:
(1) The use would be a positive addition to the
commercial character of Main Street, providing services to residents and visitors to the City,
(2) The restaurant with a Type 41 ABC license is in
conformance with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
D
Provision of transparent storefronts with views into shops, offices, and
restaurants;
Eclectic architecture without national trademark buildings; and
Building facades limited to 35-50 feet in width.
(3) The restaurant with a Type 41 ABC license
reinforces the above identified urban design factors specified in the Main Street Specific Plan
and further complies with the provisions of Section 28-1253.A.1, 28-1253.A.4, and Section 28-
D
D
20f8
Planning Commission Resolution No. 09-22
Conditional Use Permit 09-8
136-136~ Main Street (Pho Basil Leaf
August 5, 2009
1253.A.6., which discusses transparency of store fronts; fa<;ade setbacks, including outdoor
restaurant seating areas; and fa<;ade width and appearance of interconnecting buildings.
(4) The restaurant lease space is approximately 1,584
square feet in size and accommodates approximately 31 seats. The seating area consists of
approximately 500 square feet (33% of the building area) located at the front of the premises.
The kitchen, restroom, storage, and office areas are proposed to be located at the rear of the
subject building space and comprise the remaining approximate 1,084 square feet offIoor area.
(b) The proposed use, as proposed to be conditioned regarding
business operations, is consistent with the intent and purpose and vision established for the Main
Street Specific Plan based on the following:
(1) The provision of a restaurant with a Type 41 ABC
license is in conformance with several urban design factors that are identified within the adopted
Main Street Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in
Sections 28-1250 through 28-1257 of the Seal Beach Municipal Code. The applicable urban
design factors include:
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(2) The restaurant with a Type 41 ABC license
reinforces these identified urban design factors specified in the Main Street Specific Plan and
further complies with the provisions of Section 28-1253.A.l, 28-1253.A.4, and Section 28-
1253.A.6., which discusses transparency of store fronts; fa<;ade setbacks; and fa<;ade width and
appearance of interconnecting bui Idings.
(c) The building and property at 136-136Y2 Main St. are
adequate in size, shape, topography, and location to meet the needs of the proposed use of the
property, as proposed to be conditioned based on the following:
(1) The restaurant location is within the mass of the
existing I-story commercial building located on the subject property and, therefore, noise
impacts to the residential neighborhood to the east would not be expected to be adverse from the
dining functions.
(2) The restaurant lease space is approximately 1,584
square feet in size and accommodates approximately 31 seats. The seating area consists of
approximately 500 square feet (33% of the building area) located at the front of the premises.
The kitchen, restroom, storage, and office areas are proposed to be located at the rear of the
subject building space and comprise the remaining approximate 1,084 square feet of fIoor area.
(3) The subject property is a rectangular property
having 25 feet of frontage on Main Street and having 117.5 feet of depth, containing
approximately 2,937.5 square feet. The property is developed with an existing single-story retail
building that contains a total of approximately 1,584 square feet of lease space and provides 2
parking spaces at the rear ofthe property that is accessed by an alley.
30f8
Planning Commission Resolution No. 09-22
Conditional Use Permit 09-8
136-136~ Main Street (Pho Basil Leaf
August 5,2009
(d) Required adherence to applicable building and fire codes
ensures there will be adequate water supply and utilities for the use based on the following:
(1) The project is required to comply with all standard
building, fire, and health code provisions for the existing and proposed uses of the subject
property.
(2) The project proponent has obtained and completed
all required Planning Department, Building Department, and Public Works Department
approvals prior to the issuance of the certificate of occupancy for said restaurant use.
(3) The project proponent has been required to pay the
required in-lieu parking fee of $42,000.00, in accordance with the provisions of Section 28-1256.
(4) The project proponent has been required to comply
with all applicable provisions of Chapter 9.25, Fats, Oil and Grease Management and Discharge
Control and has installed a grease interceptor on the premises to comply with said provisions.
(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 based on the following:
(1) The restaurant serves both residents and visitors of
Seal Beach.
(2) The restaurant does not have any public entrance
from the alley and will continue to be utilized by business staff and, therefore, noise impacts to
the residential neighborhood to the east would not be expected to be significantly different from
the previous use as a bakery/coffee shop.
(3) The restaurant with a Type 41 ABC license is
approved to be open for breakfast, lunch, and dinner. Many of the retail and professional service
businesses within the immediate vicinity are closed during the evening hours, when the majority
of the restaurant business would be anticipated. In addition, the building is located
approximately 225 feet from an existing City-owned parking lot which has served the subject
property and adjoining business operations along Main Street for many years. This City-owned
parking lot provides a total of 42 spaces, 2 of which are handicapped accessible parking spaces,
with the remaining 40 spaces being metered. On-street parking is also available along Main
Street.
(f) The use contributes to the unique character of Main Street
and the qualities that provide Main Street a sense of identity based on the following:
(1) The restaurant with a Type 41 ABC license
complies with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
40f8
Planning Commission Resolution No. 09-22
Conditional Use Permit 09-8
136-136~ Main Street (Pho Basil Leaf
August 5, 2009
(2) The restaurant with a Type 41 ABC license
reinforces these identified urban design factors specified in the Main Street Specific Plan and
further complies with the provisions of Section 28-1253.A.l, 28-1253.AA, and Section 28-
1253.A.6., which discusses transparency of store fronts; fayade setbacks; fayade width; and
appearance of interconnecting buildings.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 09-8, subject to the following conditions:
1. Conditional Use Permit 09-8 is approved for a Type 41 ABC License, (On-sale Beer &
Wine - Eating Place) license designation as approved by the State of Califomia
Department of Alcoholic Beverage Control. Said license shall require a bona fide eating
place on said premises.
2. Unless superseded by this Conditional Use Permit, all conditions of Conditional Use Permit
08-11 shall remain in effect.
3. The applicant shall comply with all restrictions placed on the license issued by the State of
California's Department of Alcoholic Beverage Control (ABC).
4. 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 California Department of
Alcoholic Beverage Sales. Consumption of alcoholic beverages is prohibited outside the
establishment's 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.
5. 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 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:
o 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.
o 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 ofthe excessive consumption of alcoholic beverages.
o Alcohol as a drug and its effects on the body and behavior, including the operation of
motor vehicles.
o Methods of dealing with intoxicated customers and recognizing under age customers.
7. The following organizations provide training programs, which comply with the above
criteria:
50f8
Planning Commission Resolution No. 09-22
Conditional Use Permit 09-8
/36-/361f2 Main Street (Pho Basil Leaf
August 5,2009
o Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558-4101
Date: 1 stt Monday of each month
Time: 10:00 a.m. to 1 :30 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Santa Ana
o Provider: Orange County Health Care Agency
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:
o 7:00 a.m. to 10:00 p.m. Sunday through Thursday;
o 7:00 a.m. to 11:00 p.m. Friday and Saturday
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. 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 ABC or a
Special Event permit is issued to the applicant by the City.
11. The establishment must serve a complete menu of food until thirty (30) minutes prior to
closing time.
12. 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.
13. 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.
14. The establishment shall comply with Chapter 7.15, "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 7.15.
60f8
Planning Commission Resolution No. 09-22
Conditional Use Permit 09-8
136-136!t2 Main Street (Pho Basil Leaf
August 5, 2009
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 ofthis 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 City of Seal Beach ifharm 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 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 12 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 09-8. 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 shall 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 establishment shall have a public telephone listing.
22. 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 aU 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
70f8
Planning Commission Resolution No. 09-22
Conditional Use Permit 09-8
136-136~ Main Street (Pho Basil Leaf
August 5,2009
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.
23. Failure to comply with any of these conditions may result in the revocation of this
Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 5th day of August 2009 by the following vote:
AYES: Commissioners Massa-Lavitt, Bello, Eagar, and Larson
NOES: Commissioners None
ABSENT: Commissioners Deaton
ABSTAIN: Commissioners None
~~;~
Vice-Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commission
*****
80f8