HomeMy WebLinkAboutPC Res 10-16 - 2010-04-07RESOLUTION NUMBER 10 -16
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 08 -7
(INDEFINITE EXTENSION) FOR THE UPGRADE
OF THE EXISTING TYPE 41 ABC LICENSE
(ON -SALE BEER AND WINE) TO A TYPE 47 ABC
LICENSE (ON -SALE GENERAL) WITHIN THE
SERVICE COMMERCIAL ZONE AT 13956 SEAL
BEACH BOULEVARD (PRIMROSE CAFE).
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THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On February 26, 2010, Farshid (Frank) Tahvildari (the
"Applicant ") filed an application with the Department of Development Services for
Conditional Use Permit (CUP) 08 -7 (IE), for the Indefinite Extension of the upgrade of
the existing ABC license at the property located at 13956 Seal Beach Boulevard.
Specifically, the applicant has previously upgraded the former Type 41 ABC license
(On -sale beer and wine) to a Type 47 ABC license (On -sale General).
Section 2 . Pursuant to 14 California Code of Regulations §15305 and
§II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for CUP 08 -7 (IE) for the ABC license upgrade is categorically exempt from
review pursuant to the California Environmental Quality Act pursuant to 14 California
Code of Regulations §15301 (Minor Alterations in Land Use Limitations), because the
proposal involves a negligible expansion of an existing use; pursuant to §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 3 . A duly noticed public hearing was held before the Planning
Commission on April 7, 2010, to consider the application for CUP 08 -7 (IE).
Section 4 . The record of the hearing of April 7, 2010, indicates the
following:
(a) On February 26, 2010, Farshid (Frank) Tahvildari
submitted an application for CUP 08 -7 (IE) with the Department of Development
Services.
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Planning Commission Staff Report
Conditional Use Permit 08 -7 (IE)
13956 Seal Beach Boulevard
April 7, 2010
(b) Specifically, the applicant is requesting the Indefinite
Extension of CUP 08 -7, which allowed the upgrade of the existing alcohol license from a
Type 41 (On -sale Beer and Wine) to a Type 47 (On -sale General).
(c) The subject restaurant comprises approximately
2,880 square feet (both lease spaces) in area, and has a patio area of approximately
450 square feet.
(d) The subject property is legally described as Orange
County assessor's parcel number 095 - 641 -45.
(e) The subject property is located within an existing
shopping center, which includes a variety of commercial businesses.
(f) The existing restaurant is a full service restaurant that
sells a variety of non - alcoholic beverages as well as beer, wine, and spirits.
(g) The subject property meets all of its parking
requirements through on -site parking within the center.
(h) The surrounding land uses and zoning are as follows:
NORTH & WEST Residential Housing in Leisure World, in a Residential High
Density, Planned Development (RHD -PD) Zone.
EAST Naval Weapons Station Seal Beach in a Public Land
Use /Recreation (PLU /R) Zone.
SOUTH Commercial retail and light industrial uses within the Boeing
Integrated Defense Systems (BIDS) Specific Plan Zone.
Section 5 . Based upon the facts contained in the record, including
those stated in §4 of this resolution and pursuant to § §28 -1300, 28 -2503 and 28 -2504 of
the City's Code the Planning Commission makes the following findings:
(a) Conditional Use Permit 08 -7 (1 E) is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
"Service Commercial (C -1)" zoning designation for the subject property and permits the
sales and service of alcoholic beverages 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.
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Planning Commission Staff Report
Conditional Use Permit 08 -7 (1E)
13956 Seal Beach Boulevard
April 7, 2010
(b) The building and property at 13956 Seal Beach Blvd.
are adequate in size, shape, topography and location to meet the needs of the
proposed use of the property and the proposed outdoor dining area.
(c) Required adherence to applicable building and fire
codes ensures there will be adequate water supply and utilities for the proposed use.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 08 -7 (IE), subject to the following conditions:
1. Conditional Use Permit 08 -7 (IE) is approved for the continued on- premise sale
of beer, wine, and distilled spirits (Type 47 ABC license) in conjunction with a
bona fide eating place at 13956 Seal Beach Blvd, Seal Beach.
2. The applicant shall continue to comply with all restrictions placed upon the
license issued by the State of California Department of Alcoholic Beverage
Control, and the applicant shall furnish the City a copy of the approved ABC
license and a copy of any conditions placed on the license is received by the
Department of Alcoholic Beverage Control.
3. 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. Consumption of alcoholic beverages is
prohibited in the establishment's parking area or any adjoining non - approved
seating areas. There shall be posting of signs both inside and outside the
licensed premises indicating that California law prohibits drinking outside the
licensed premises.
4. Whenever the outdoor dining area is being utilized for the sale, service, or
consumption of alcoholic beverages, a premise employee shall be in attendance
and maintain continuous supervision at all times to ensure the outdoor dining
area does not create a public nuisance contrary to public welfare and morals.
5. Any alcoholic beverages sold to customers utilizing the outdoor dining space
shall be served in bottles or glass containers only.
6. The hours of operation shall be 7:00 AM to 10:00 P.M. daily.
7. The establishment shall serve a complete menu of food until thirty (30) minutes
prior to closing time.
8. No video games or similar amusements shall be permitted on the premises.
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Planning Commission Staff Report
Conditional Use Permit 08 -7 (IE)
13956 Seal Beach Boulevard
April 7, 2010
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. Conditional Use Permit 08 -7 (IE) 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.
11. The applicant will prominently display these conditions of approval in a location
within the business's customer area that is acceptable to the Director of
Development Services.
12. A modification of this Conditional Use Permit shall be obtained 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.
13. 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
residential or commercial areas.
14. In the event staff determines security problems exist on the site, the conditions of
this permit may be amended, under the procedures of the Seal Beach Municipal
Code to require the provision of additional security measures.
15. The establishment shall have a public telephone listing.
16. 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 influence, 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, including the
operation of motor vehicles.
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Conditional Use Permit 08 -7 (IE)
13956 Seal Beach Boulevard
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d) Methods for dealing with intoxicated customers and recognizing underage
customers.
The following organizations have been identified by the State Department of
Alcoholic Beverage Control as providing training programs which 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
17. 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.
18. 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 or Special Event Permit issued by the City and unless such uses are
consistent with the license conditions imposed by the State of California
Department of Alcoholic Beverage Control.
19. The premises 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 noises generated by the
facility, the Planning 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 7.15.
20. 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.
21. 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 ninety (90)
days prior to such expiration date.
22. This Conditional Use Permit shall not become effective for any purpose unless
an "Acceptance of Conditions" form has been signed by the applicant in the
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Conditional Use Permit 08 -7 (IE)
13956 Seal Beach Boulevard
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presence of the Director of Development Services, or notarized and returned to
the Planning Department; and until the ten (10) day appeal period has elapsed.
23. 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.
24. Failure to comply with any of the aforementioned 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 7th day of April 2010 by the following vote:
AYES: Commissioners Massa- Lavitt, Bello, Galbreath, and Larson
NOES: Commissioners None
ABSENT: Commissioners Deaton
ABSTAIN: Commissioners None
A& . me.
Sandra Massa -l- vitt
Vice - Chairperson, Planning Commission
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Planning Commission Staff Report
Conditional Use Permit 08 -7 (IE)
13956 Seal Beach Boulevard
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Mark Persico, AICP
Secretary, Planning Commission
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