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Home My WebLink AboutPC Res 06-41 - 2006-09-20 RESOLUTION NUMBER 06-41 01>/6'!J /114<, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 06-5, PERMITTING AN UPGRADE OF THE CURRENT ALCOHOL LICENSE FROM BEER AND WINE TO A FULL ALCOHOL LICENSE IN CONJUNCTION WITH THE OPERATION OF AN EXISTING RESTAURANT WITH OUTDOOR DINING LOCATED AT 320 MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIOn 1. On August 16, 2006, Conrad Mingura (the "ApplIcant") filed an application with the Department of Development Services to request an upgrade of the current alcohol license from beer and wlOe to a full alcohol license 10 conjunctIOn with the operatIon of an eXIsting restaurant located at 320 Main Street, Seal Beach. SectIon 2. Pursuant to 14 California Code of Regulations g15305 and gII(B) of the City's Local CEQA GUIdelines, staff has determlOed as follows: the applIcation for CUP 06-5 for an upgrade to an existing alcohol license IS categorically exempt from review pursuant to the CalIfornia Environmental Quality Act pursuant to 14 CalIfornIa Code of RegulatIOns g 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). The proposal Involves a minor alteration in land use lImItatIon and does not involve eIther a property 10 excess of 20% slope or a change 10 land use or denSity, and, the restaurant was considered as part of NegatIve DeclaratIOn 96-1, evaluatIng the envIronmental Impacts of the MalO Street Specific Plan. SectIOn 3. A duly notIced public hearIng was held before the Planmng CommIssion on September 20, 2006, to consider the applIcatIon for CUP 06-5 and proposed an upgrade of the current alcohol lIcense from beer and wine to a full alcohol lIcense. No written eVidence was submItted for or agalOst the project, and at the public hearIng no one spoke In favor of the request and no one spoke 10 opposition. Section 4 The record of the hearing of September 20, 2006 indicates the follOWIng: (a) On August 16, 2006, Conrad MlOgura filed an applIcatIon With the Department of Development Services for ConditIOnal Use Permit 06-5 to permit an upgrade in the current alcohol lIcense from beer and WIne to a full alcohol lIcense (Type 47) (b) Specifically, the applIcant IS proposlOg to upgrade the current alcohol license from beer and wine to a full alcohol license in conjunctIOn WIth the operation of an existlOg restaurant. 10f6 Plalllllllg COlllll1lSSlO1l ResolutIOn No 06-41 COIl(btlOllal Use Permit 06-5 - 320 Malll Street September 20, 2006 (c) The subject restaurant is 1,955 square feet in sIze and compnses an 870 square foot seatlOg area with 64 seats and an additional 14 seats at the bar area, A 145 square foot outdoor dlOIng area, a 720 square foot area for kitchen and service areas, and 365 square feet IS utilized for restrooms, hallways, etc. (d) Assessor's Parcel # 043-113-37. The subject property IS descrIbed as Orange County (f) The surrounding land uses and zoning are as follows: NORTH, SOUTH AND WEST: CommercIal buslOess along MalO Street, In the MalO Street Specific Plan (MSSP) Zone. EAST: Various residentIal developments of sIngle-famIly and multiple-family, In the ReSIdentIal HIgh DenSIty (RHO) Zone Section 5. Based upon the facts contaIned In the record, includlOg those stated in 94 of this resolution and pursuant to 9928-1250,28-2503, and 28-2504 of the City's Code, the Planmng Commission makes the following findIngs: · Conditional Use Penmt 06-5 is consIstent wIth the provisIons of the Land Use Element of the CIty's General Plan, winch provIdes a "Main Street SpecIfic Plan" zoning designation for the subject property and penmts alcohol sales 10 conjunctIOn wIth a restaurant use subject to the issuance of a conditional use permit. The proposed conditional use permIt is to upgrade the current alcohol lIcense from beer and WIne to a full alcohol lIcense in conjunction wIth the operation of an existlOg restaurant. The use IS also consistent wIth the remaimng elements of the City's General Plan, as the policies of those elements are consistent with, and reflected 10, the Land Use Element. AccordlOgly, the proposed use is consistent with the General Plan. · The building and property at 320 MaIn Street are adequate In size, shape, topography, and location to meet the needs of the proposed use of the property · The proposed use is consIstent with the Intent and purpose and vIsion establIshed for the MalO Street Specific Plan · 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. · The use wIll contnbute to the umque character of MalO Street and the qualItIes that proVIde the Main Street sense of identIty · The proposed use complIes with all applIcable CIty CouncIl polICieS, such as the policies the Council has adopted concernlOg alcohol servIng uses 20f6 Plal1/1lng Commzs5lOn ResolutIOn No 06-41 ConditIOnal Use Permzt 06-5 - 320 Mazn Street September 20. 2006 · The Police Department has not had a history of calls to this locatIOn. · 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 Planmng Commission hereby approves ConditIonal Use PermIt 06-5, subject to the followlOg conditions. 1. Conditional Use Permit 06-5 is approved for a Type 47 License 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-premlse-licensed establishment must be consumed entirely on the premises pnor to closlOg 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 lOdicatlOg that law prohibits drlOking 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 enabllOg them to comply with theIr responSibilities under State of CalIfornIa law. 5. The knowledge and skills deemed necessary for responSible alcoholic beverage service shall lOclude, but not be limited to the following tOpiCS and skills development: CI State law relating to alcoholIc beverages, partICularly ABC and penal provIsions concernlOg sales to minors and lOtoxlcated persons, drivlOg under the influence, hours of legal operatIon and penalties for violation of these laws. CI The potential legal liabilities of owners and employees of bus messes dlspensmg alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the 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. 6. The followmg organizations provide traimng programs, which comply With the above criteria. CI PrOVIder: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: 1st! Monday of each month Time: 10:00 a.m. to 1 :30 p.m. Cost: Free Place: ABC, 28 CIVIC Center Plaza, Santa Ana 30f6 Plannll1g CommiSSIOn ResolutIOn No 06-41 Conditional Use Pe/"/111t 06-5 - 320 Mal/1 Street September 20. 2006 CI Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Serving Alcohol ResponsIbly (BARCODE) (714) 834-2860 * Karen Keay They wIll schedule appomtments $12.95 per person Program: Telephone: Date: Cost: 7. The hours of operatIon shall be 10:30 AM to 11 PM, mghtly, as previously approved pursuant to Conditional Use Permit 85-20, approved on December 18, 1985. 8. No video games or SImIlar amusements shall be pernlltted on the premIses unless a separate conditIOnal use permit IS approved for that use. 9. There shall be no extenor advertising of any kmd or type, Includmg advertising directed to the exterior from within, promoting or mdicating the availability of alcoholIc beverages. 10. Litter and trash receptacles shall be located at convement locatIOns mSlde and outsIde the establishment. Operators of such establishments shall remove trash and debns on an appropnate basis so as not to cause health problems. There shall be no dumpmg 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 CIty of Seal Beach, to require the proviSIOns of additional securIty measures. 12. The establIshment must serve a complete menu of food until thirty (30) mmutes prIor to c10smg time. 13 Whenever the outdoor dining area is bemg utilized for the sale, service or consumptIOn of alcoholic beverages, a premise employee shall be 10 attendance and maintain contmuous superviSIon at all times to ensure the outdoor dming area does not create a public nUIsance contrary to publIc welfare and morals. 14. All alcoholic beverages served 10 the outdoor dining area must be served 10 glass contamers. 15. A decorative separation wall at least 42" 10 height shall be installed to enclose the outdoor dmmg area from Main Street and adjoining business entrances. Said decoratIve separation wall to be approved by the Director of Development Services. 16. 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 complamts be received regarding noise generated by the establIshment, the Planning Commission reserves the nght to schedule the subject CUP for 40f6 Planl1ll1g Commission ResolutIOn No 06-41 ConditIOnal Use Permit 06-5 - 320 Mazn Street September 20, 2006 reconsideration and may reqUIre the applIcant/operator to mitIgate the noise level to comply with the provisIOns of Chapter 13D. 17. The applicant remains bound by all conditIons approved through prevIOus entItlements on the property mcluding (but not limited to) CUP 85-20, Variance 11-84, and CUP 05-11 18. ThIS CUP shall not become effectlVe for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant 10 the presence of the Dlfector of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 19. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of ItS current ConditIons of Approval b. There is a substantIal change 10 the mode or character of operatIOns of the establIshment 20. The Planning CommiSSIOn reserves the nght to revoke or modify thiS CUP pursuant to Articles 25 and 28 of The Code ofthe City of Seal Beach ifharm or retail-related problems are demonstrated to occur as a result of cnminal or antI-social behavIOr, mcludmg but not lImited to the congregatIOn of minors, violence, public drunkenness, vandalism, solicitatIOn and/or lItter. 21. 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 Plannmg Commission pursuant to a written request for extensIOn submitted to the Department of Development ServIces a mmimum of ninety (90) days prior to such expiration date 22. The term of thIs permit shall be 12 months. At the end of the initIal term, the applIcant may apply for an mdefinite extensIOn of CUP 06-5. The commission may grant an mdefimte 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 pnor to consideratIon of an mdefimte extenSIon. 23. The applicant will prominently display these ConditIOns of Approval 10 a location Within the busmesses' customer area that is acceptable to the Director of Development Services. 24. The applIcant shall mdemnify, defend and hold hamlless City, ItS officers, agents and employees (collectlVely "the City" hereinafter) from any and all claims and losses whatsoever occumng or resulting to any and all persons, firms, or corporatIons fumlshmg or supplymg work, servIces, matenals, or supplIes in connection WIth the performance of the use permitted hereby or the exercise of the nghts granted herein, and any and all claims, laWSUIts or actions arising from the grantmg 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, mjury or death ansing out of or 50f6 Planlllng Comml5sIOn ResolutIOn No 06-41 ConditIOnal Use Permzt 06-5 - 320 Malll Street September 20. 2006 connected with the performance of the use permItted hereby. ApplIcant's obligatIon to mdemmfy, 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 m any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Plannmg Commission of the City of Seal Beach at a meetmg thereof held on the 20th day of September 2006 by the followmg vote: AYES: CommIssioners Bello, Ladner, O'Malley, and Roberts NOES' Commissioners Deaton ABSENT: Commissioners None ;t H'lC,/ o...0-1'~ . Ellery Deaton Chairperson, Planning CommissIOn P0 Lee Whittenberg Secretary, Planning CommI **** 60f6