HomeMy WebLinkAboutPC Res 10-05 - 2010-02-17RESOLUTION NUMBER 10 -5
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT NO. 09 -2
PERMITTING AN OUTDOOR DINING AREA WITH
NO OUTSIDE ALCOHOL SERVICE AT A
RESTAURANT AT 12235 SEAL BEACH
BOULEVARD (PEI WEI ASIAN DINER).
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THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE:
Section 1 . On January 11, 2010, Nina Raey of Fancher Development
Services filed an application for Conditional Use Permit 09 -2 (IE) with the Department of
Development Services.
Section 2 . The applicant is requesting an Indefinite Extension of the
existing Conditional Use Permit approval permitting an outdoor dining area (no outside
alcohol service) at an existing restaurant, Pei Wei Asian Diner, located in the Shops at
Rossmoor.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 09 -2 (IE) for the
requested land use entitlements at an existing restaurant is categorically exempt from
review pursuant to the California Environmental Quality Act; and 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 of 20% slope or a change in land use or density.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on February 17, 2010, to consider the application for Conditional Use
Permit No. 09 -2 (IE). At the public hearing the Planning Commission received written
and oral evidence on the proposed project.
Section 5 . The record of the public hearing of February 17, 2010,
indicates the following:
(a) On January 11, 2010, Nina Raey of Fancher
Development Services filed an application for Conditional Use Permit 09 -2 (IE) with the
Department of Development Services.
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Planning Commission Resolution No. 10 -5
Conditional Use Permit 09 -2 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
February 17, 2010
(b) The
the existing Conditional Use Permit
outside alcohol service) at an existing
applicant is requesting an Indefinite Extension of
approval permitting an outdoor dining area (no
restaurant, Pei Wei Asian Diner, located in the
Shops at Rossmoor.
(c) The subject property is located in the Shops at
Rossmoor development, located west of Seal Beach Blvd. and north of Rossmoor
Center Way. The restaurant location is immediately behind the old "Parasol" structure,
which was formerly the location of a "Mel's Drive -in" restaurant.
(d) The Pei -Wei restaurant location is immediately north
of Rossmoor Center Way, and is 3,299 square feet in area, located in "Building L ",
which has a total of 31,021 square feet of gross leasable area. The area that is
requested to be able to be utilized for outdoor dining is approximately 1,500 square feet
in area.
(e) The shopping center comprises a total of 465,645
square feet of store area, and is required to provide a minimum of 1,661 spaces, based
on the required parking for the current tenants.. The center provides a total of 2,272
parking spaces, 611 spaces more than required. The utilization of the approximate
1,500 square foot outdoor dining area requires 1 parking space per 100 square feet of
area, or 15 spaces. Initial approval of this requested outdoor dining area resulted in the
center providing 596 spaces more than is required.
(f) Surrounding land uses and zoning are as follows:
NORTH: The Shops of Rossmoor center, including the 62,280 square feet of
new retail recently completed and the old "Parasol." building which was
formerly the location of a "Mel's Diner' restaurant, in the C -2, General
Commercial Zone.
SOUTH: The remaining portion of the Shops at Rossmoor, in the C -2, General
Commercial Zone.
EAST: Across Seal Beach Boulevard is a 75 -lot, single family detached home
development approved and developed as part of the Old Ranch Towne
Center Project in the RMD Zone with the Old Ranch Towne Center
located further to south, in the C -2, General Commercial Zone.
WEST: A 254 -unit townhome development in the RHD, Residential High
Density Zone. Further to the north is a 184 unit townhome
development in the unincorporated community of Rossmoor.
(g) The restaurant use comprises 3,299 square feet and
is located in the southerly end retail space of "Building L" which is oriented in a north-
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Planning Commission Resolution No. 10 -5
Conditional Use Permit 09 -2 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
February 17, 2010
south configuration, and is approximately 330 feet west of Seal Beach Boulevard. The
structure is 36 feet from the west property line, with a 20 -foot wide service drive and 8-
foot high block wall separating the rear of the building from the adjoining residential
townhome development.
(h) The nearest homes to the requested land use are
located to the rear of the business operation, approximately 55 feet to the west of the
proposed Restaurant location.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §§ 28 -1300, 28- 2504 -2508 of the
City's Code the Planning Commission makes the following findings:
(a) CUP No. 09 -2 (IE) 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 dining areas
subject to the issuance of a Conditional Use Permit. The use as a restaurant with on-
premise beer and wine sales, and an outdoor seating area, as conditioned, 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 Shops at Rossmoor
are adequate in size, shape, topography and location to meet the needs of the
proposed use of the property. Required adherence to applicable building and fire codes
ensures there will be adequate water supply and utilities for the proposed use.
(c) The subject area of the Shops at Rossmoor had
previously been approved for 7 on- premise alcohol sale uses and 2 off - premise alcohol
sales locations which have been demolished as part of the reconstruction of this portion
of the shopping center. The approval of Conditional Use Permit 09 -2 (IE) allows for an
outdoor seating area in conjunction with an existing restaurant that was previously
approved to re- establish one of those previously existing on -sale license approvals.
(d) The restaurant with on- premise sale of beer and wine,
and an outdoor dining area that is not allowed to have alcoholic beverage service, as
conditioned and enforced, is compatible with the character of the surrounding area.
Adherence to conditions of approval placed on the use by the City of Seal Beach would
mitigate any negative impacts to neighboring residential properties.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 09 -2 (IE), subject to the following conditions:
1. Conditional Use Permit 09 -2 (IE) is approved for a 1,500 square foot outdoor
dining area in conjunction with an existing 3,299 square foot restaurant with
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Planning Commission Resolution No. 10 -5
Conditional Use Permit 09 -2 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
February 17, 2010
Department of Alcoholic Beverage Control (ABC) License Type 41, Alcohol Sales
& Service, on- premise sale of beer and wine, at 12235 Seal Beach Boulevard.
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) and a
copy of said approved license shall be filed with the Department of Development
Services as soon as the license is received by the applicant from 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 outdoor dining area, parking area or any
adjoining non - approved seating areas. 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 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:
a. 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.
b. 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.
C. 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:
a. Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558 -4101
Date: 1 St Monday of each month
Time: 10:00 a.m. to 1:00 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ana
b. Provider: Orange County Health Care Agency
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Planning Commission Resolution No. 10 -5
Conditional Use Permit 09 -2 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
February 17, 2010
Alcohol & Drug Education Prevention Team (ADEPT)
Program: California Coordinating Council for Responsible Beverage
Service (C3RBS)
Telephone: (714) 834 -2860 * Karen Keay
Cost: $12.00 per person * Tax Deductible
For special events training
C. Provider: Orange County Health Care Agency
Program: Project Path
Telephone: (714) 895 -9088 * Irene Glenday
Cost: Free
7. The hours of operation shall be 10:00 AM to 11:00 PM, seven days a week.
8. No commercial deliveries or commercial trash disposal activities may occur in
association with the operation of this business facility between the hours of 10:00
P.M. and 7:00 A.M.
9. No video games or similar amusements shall be permitted on the premises.
10. 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.
11. Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while not unreasonably disturbing surrounding
commercial areas.
12. 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.
13. The establishment shall have a public telephone listing.
14. 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 11:00 p.m. and 7:00 a.m.
15. 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.
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Planning Commission Resolution No. 10 -5
Conditional Use Permit 09 -2 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
February 17, 2010
16. Conditional Use Permit 09 -2 (IE) shall be automatically terminated if the
operation is no longer maintained as a "bona fide public eating place" as defined
by the ABC and as may be audited by the City staff.
17. The establishment must serve a complete menu of food until thirty (30) minutes
prior to closing time.
18. A grease trap shall be provided for and maintained by the restaurant in
accordance with the standards of the Orange County Health Department.
19. 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 Activities permit is issued to the
applicant by the City.
20. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal
Beach Municipal Code 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 this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
21. A modification of this Conditional Use Permit 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.
22. 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.
23. 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 10 calendar -day appeal
period has elapsed.
24. 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
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Planning Commission Resolution No. 10 -5
Conditional Use Permit 09 -2 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
February 17, 2010
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 17th day of February 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa- Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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EI ery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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