HomeMy WebLinkAboutPC Res 10-39 - 2010-09-01O � 91 G,
RESOLUTION NUMBER 10 -39 1*44
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
APPROVING THE INDEFINITE EXTENSION OF
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'/2
MAIN STREET (PHO BASIL LEAF).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On August 4, 2010, Michael Luu and Jennifer Ly ( "the
applicants ") filed an application with the Department of Development Services for
Conditional Use Permit 09 -8 (Indefinite Extension) requesting the indefinite extension of
a Type 41 ABC license (On -sale beer and wine — Eating place) in conjunction with an
existing restaurant at 136 -136Y2 Main Street.
Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 09 -8 (Indefinite
Extension) for the requested indefinite extension of 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 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 September 1, 2010, to consider the. application for Conditional Use
Permit 09 -8 (Indefinite Extension). At the public hearing the Planning Commission
received evidence and testimony regarding said application.
Section 4 . The record of the hearing of September 1, 2010, indicates
the following:
(a) On August 4, 2010, Michael Luu and Jennifer Lee
( "the applicants ") filed an application with the Department of Development Services for
Conditional Use Permit 09 -8 (Indefinite Extension). Specifically, the applicants are
requesting the indefinite extension of a Type 41 ABC license in conjunction with an
existing restaurant.
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Planning Commission Resolution No. 10 -39
Conditional Use Permit 09 -8 (indefinite Extension)
136 -136% Main Street
September 1, 2010
(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.
(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, 31% 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 of the subject structure.
(f) 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.
(g) Capt. Tim Olson 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 (Indefinite Extension), as
conditioned, is consistent with the provisions of the Land Use Element of the City's
General Plan, which provides a "Service Commercial" land use 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 use is consistent with the General
Plan.
(b) The restaurant use, as conditioned, is consistent with
the intent and purpose and vision established for the Main Street Specific Plan.
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Planning Commission Resolution No. 10 -39
Conditional Use Permit 09 -8 (Indefinite Extension)
136 -136% Main Street
September 1, 2010
(c) The building and property at 136 -136'/ Main St. are
adequate in size, shape, topography, and location to meet the needs of the proposed
use of the property, as conditioned.
(d) Required adherence to applicable building and fire
codes ensures there will be adequate water supply and utilities for the use.
(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.
(f) The use contributes to the unique character of Main
Street and the qualities that provide Main Street a sense of identity.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 09 -8 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 09 -8 (Indefinite Extension) is approved for the indefinite
extension of a Type 41 ABC License (On -sale Beer & Wine — Eating Place) 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. 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 California 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
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Planning Commission Resolution No. 10 -39
Conditional Use Permit 09 -8 (Indefinite Extension)
136 -136% Main Street
September 1, 2010
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,
or 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: 1 st Monday of each month
Time: 10:00 a.m. to 1:30 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Santa Ana
❑ 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:
❑ 7:00 A.M. to 10:00 P.M. Sunday through Thursday;
❑ 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.
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Planning Commission Resolution No. 10 -39
Conditional Use Permit 09 -8 (Indefinite Extension)
136 -136% Main Street
September 1, 2010
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 that staff determines security or other 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 Conditional Use Permit for reconsideration and may require
the applicant/operator to mitigate the noise level to comply with the provisions of
Chapter 7.15.
15. 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 ten (10) calendar -day
appeal period has elapsed.
16. 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.
17. 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.
18. 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.
19. 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.
20. The establishment shall have a public telephone listing.
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Planning Commission Resolution No. 10 -39
Conditional Use Permit 09 -8 (Indefinite Extension)
136 -136% Main Street
September 1, 2010
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 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 1 st day of September 2010, by the following
vote:
AYES: Commissioners Deaton, Bello, Cummings, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners Galbreath
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Mark Persico,
Secretary, Planning Commission
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