HomeMy WebLinkAboutPC Res 10-36 - 2010-09-01RESOLUTION NUMBER 10 -36 14�
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 09 -1 TO ALLOW AN
EXISTING RESTAURANT WITH A TYPE 47 (ON-
SALE GENERAL) ABC LICENSE TO EXPAND
INTO AN ADJACENT 975 SQUARE -FOOT LEASE
AREA AND AN EXPANSION OF OPERATING
HOURS UNTIL 12:00 MIDNIGHT, SEVEN DAYS A
WEEK, WITHIN THE SERVICE COMMERCIAL (C-
1) ZONE AT 13956 SEAL BEACH BOULEVARD
(PRIMROSE CAFE).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On August 2, 2010, Frank Tahvildari (the "Applicant ") filed an
application with the Department of Development Services for Conditional Use Permit
09 -1 (Indefinite Extension) requesting an indefinite extension of Conditional Use Permit
09 -1, for approval to allow an existing restaurant with a Type 47 (On -Sale General) ABC
license to expand into an adjacent 975 square -foot lease area and an expansion of
operating hours until 12:00 midnight, seven days a week.
Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301 staff has
determined as follows: The application for Conditional Use Permit 09 -1 (Indefinite
Extension) for the requested land use entitlements to allow an existing restaurant with a
Type 47 (On -Sale General) ABC license to expand into an adjacent 975 square -foot
lease area and an expansion of operating hours until 12:00 midnight, seven days a
week 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 -1 (Indefinite Extension). At the public hearing the Planning Commission
received into evidence written and oral information regarding the request.
Page 1 of 8
Planning Commission Resolution No. 10 -36
Conditional Use Permit 09 -1 (Indefinite Extension)
13956 Seal Beach Boulevard, (Primrose Cafe)
September 1, 2010
Section 4 . The record of the hearing of September 1, 2010, indicates
the following:
(a) On August 2, 2010, Frank Tahvildari (the "Applicant ")
filed an application with the Department of Development Services for Conditional Use
Permit 09 -1 (Indefinite Extension).
(b) Specifically, the applicant is requesting an indefinite
extension of Conditional Use Permit 09 -1, allowing an existing restaurant with a Type 47
(On -Sale General) ABC license to expand into an adjacent 975 square -foot lease area
and an expansion of operating hours until 12:00 midnight, seven days a week.
(c) The subject property is described as Orange County
assessor's parcel #095 - 641 -55.
(d) The existing restaurant has been in operation since
approximately November, 1999, and has a total seating for approximately 65 persons.
(e) The existing restaurant 1,950 square feet in area, and
also includes an existing patio seating area of 320 square feet. The subject property is
located within the Seal Beach Village shopping center, west of Seal Beach Boulevard
and north of Westminster Boulevard.
(f) The proposed restaurant expansion area is 975
square feet in size and is proposed to accommodate approximately 31 seats and an
additional 10 seats at a bar area located along the southern interior wall of the
expanded restaurant. A new accessible restroom is located at the rear of the subject
building space. The existing kitchen, food preparation and office areas of the current
restaurant will remain as currently provided. An area approximately 12' x 16' in area in
front of the expansion area is also utilized for outdoor seating.
(g) The subject property has received numerous
approvals from the City over the years, including the following:
❑ MPR 69 -17 was approved by the Planning Commission on June 4, 1969 to add
additional shops /lease area to the Leisure World Shopping Center.
❑ CUP 74 -5 was approved by the Planning Commission on June 5, 1974 for on-
sale beer and wine sales in conjunction with an existing delicatessen in the
Leisure World Shopping Center.
❑ CUP 75 -7 was approved by the Planning Commission on July 16, 1975 to permit
on -sale beer and wine in conjunction with a restaurant/delicatessen in the
Leisure World Shopping Center.
❑ CUP 77 -4 was approved by the Planning Commission on October 5, 1977 for on-
sale beer and wine for an Italian Pizza Parlor in the Leisure World Shopping
Center.
Page 2 of 8
Planning Commission Resolution No. 10 -36
Conditional Use Permit 09 -1 (Indefinite Extension)
13956 Seal Beach Boulevard, (Primrose Cafe)
September 1, 2010
• CUP 80 -2 was approved by the Planning Commission on February 6, 1980 for
on -sale beer and wine in conjunction with a proposed restaurant "Bit O' Spice ".
• CUP 93 -3 was approved by the Planning Commission on March 3, 1993 to
permit off -sale beer and wine, and to amend the hours of operation from 8:00
a.m. — 6:00 p.m. daily to 7:00 a.m. — 10:00 p.m. daily (through CUP 93 -12) for
Seal Beach Market.
❑ CUP 96 -1 was approved by the Planning Commission on September 3, 1997 to
expand the existing off -sale beer and wine alcohol license to off -sale general
liquor for Seal Beach Market. Indefinite Extension of CUP 96 -1 was approved on
March 17, 1999.
❑ CUP 99 -12 was approved by the Planning Commission on November 17, 1999 to
permit on -sale beer and wine in conjunction with Layla's Cafe (now Primrose)
restaurant. Indefinite Extension of CUP 99 -12 was approved on April 18, 2001.
❑ CUP 04 -1 was approved on January 21, 2004 to allow a drive -thru restaurant for
a new Carl's Jr. Restaurant. Indefinite Extension of CUP 04 -1 was approved on
August 9, 2006.
❑ CUP 07 -17 was approved by the Planning Commission on February 6, 2008 to
permit the establishment of a drive - through window in connection with a
permitted retail pharmacy (Longs Drugs), and for a modification of the existing
approved hours of operation from 7:00 a.m. to 10:00 p.m. daily to new hours of
6:00 a.m. to 12 midnight daily.
❑ CUP 08 -7 was approved by the Planning Commission on August 6, 2008 to allow
for the upgrade of the existing Type 41 ABC license (on -sale beer and wine) to a
Type 47 ABC license (on -sale general) at the Primrose Cafe:
(h) The subject property is approximately 342,488 square
feet (approximately 7.9 acres) in land area and is developed with a total of
approximately 83,964 square feet of lease space. Tenants on the property include a
combination of retail shops, financial institutions, medical offices, business offices, and
restaurants. Based upon lease information provided to Staff by the applicant, Staff has
determined that the center provides adequate parking for the existing mix of uses.
There are 387 parking spaces provided within the center, and the existing breakdown of
uses, including the proposed additional restaurant space, require a total of 384 parking
spaces per current Zoning Code, for a surplus of 3 parking spaces.
(i) The closest residential development is located within
Leisure World, approximately 80 feet behind the rear of the building and behind the wall
that incorporates the Leisure World Community. The closest residential structures are
approximately 325 feet from the rear of the subject premises. There is no direct access
to the shopping mall through this wall.
0) The surrounding land uses and zoning are as follows:
NORTH & WEST Residential High Density Housing located within Leisure World, in
the RHD -PD Zone
Page 3 of 8
Planning Commission Resolution No. 10 -36
Conditional Use Permit 09 -1 (Indefinite Extension)
13956 Seal Beach Boulevard, (Primrose Cafe)
September 1, 2010
SOUTH Commercial retail and light industrial uses located within the Boeing
Integrated Defense Systems (BIDS) Specific Plan Zone.
EAST: Naval Weapons Station Seal Beach, located within the Public Land
Use /Recreation (PLU /R) Zone.
(k) Lieutenant 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 -1 (Indefinite Extension), 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
"service commercial" designation for the subject property and permits the on- premise
sale service of alcoholic beverages subject to the issuance of a Conditional Use Permit,
and operation hours up until 12:00 midnight daily. 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 existing use is
consistent with the General Plan.
(b) The building and property at 13956 Seal Beach Blvd.
are adequate in size, shape, topography and location to meet the needs of the existing
use of the property. Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the existing use.
(c) The on- premise sale of beer, wine, and distilled
spirits, as well as operational hours until 12:00 midnight daily, if properly conditioned
and enforced, is compatible with the character of the surrounding area. Adherence to
conditions of approval placed on the use by both the City of Seal Beach and the
Department of Alcoholic Beverage Control should mitigate any potential negative
impacts to neighboring residential properties.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 09 -1 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 09 -1 (Indefinite Extension) is approved for the indefinite
extension of Conditional Use Permit 09 -1, allowing a Type 47 (On -Sale General)
ABC license to expand into an adjacent 975 square -foot lease area, and an
expansion of operating hours until 12:00 midnight daily. All tenant improvements
shall be in substantial conformance with plans submitted as part of the original
application for Conditional Use Permit 09 -1, with the exception of the bar area
Page 4 of 8
Planning Commission Resolution No. 10 -36
Conditional Use Permit 09 -1 (Indefinite Extension)
13956 Seal Beach Boulevard, (Primrose Cafe)
September 1, 2010
being located along the southern interior wall, not the northern wall as depicted
on the plan.
2. The applicant shall 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 by the Department of Alcoholic Beverage
Control. This shall be done as soon as the license is received by the applicant
from the State of California 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.
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 for the restaurant shall be 7:00 AM to 12:00 Midnight,
daily.
7. The establishment must 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.
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 09 -1 (Indefinite Extension) 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 shall prominently display these conditions of approval in a location
within the business's customer area that is acceptable to the Director of
Development Services.
Page 5 of 8
Planning Commission Resolution No. 10 -36
Conditional Use Permit 09 -1 (Indefinite Extension)
13956 Seal Beach Boulevard, (Primrose Cafe)
September 1, 2010
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.
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.
Page 6 of 8
Planning Commission Resolution No. 10 -36
Conditional Use Permit 09 -1 (Indefinite Extension)
13956 Seal Beach Boulevard, (Primrose Caf6)
September 1, 2010
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
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
Page 7 of 8
Planning Commission Resolution No. 10 -36
Conditional Use Permit 09 -1 (Indefinite Extension)
13956 Seal Beach Boulevard, (Primrose Cafe)
September 1, 2010
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 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
Ilery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
Page 8 of 8