HomeMy WebLinkAboutPC Res 10-24 - 2010-07-07V*: iil k e lI 11010 10 h] ►yi 1 =1 :1:9 to] � J
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 10 -3
FOR THE ON- PREMISE SALE OF ALCOHOLIC
BEVERAGES (TYPE 47 ABC LICENSE) AND AN
OUTDOOR DINING AREA IN CONJUNCTION
WITH A PROPOSED NEW RESTAURANT AT
12359 SEAL BEACH BOULEVARD (CHIPOTLE
MEXICAN GRILL).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On May 4, 2010, Brett Gray (the "applicant ") filed an
application for Conditional Use Permit 10 -3 with the Department of Development
Services.
Section 2. The applicant is requesting a Conditional Use Permit to allow
a Type 47 ABC license (On -Sale General — Eating Place) at a proposed new restaurant
(Chipotle Mexican Grill) within The Shops at Rossmoor retail center.
Section 3 . 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 Conditional Use Permit 10 -3 to allow the on- premise sale of alcoholic
beverages; and an outdoor dining area is categorically exempt from review pursuant to
the California Environmental Quality Act §15303(c) (New Construction or Conversion of
Small Structures) because the proposed new building will comprise less than 10,000
square feet and is properly zoned for the proposed use.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on June 16, 2010, to consider the application for Conditional Use Permit
10 -3. 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 June 16, 2010, indicates
the following:
(a) On May 4, 2010, Brett Gray (representative for
Chipotle Mexican Grill) filed an application for Conditional Use Permit 10 -3 with the
Department of Development Services requesting a Conditional Use Permit to allow a
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Planning Commission Resolution No. 10 -24
Conditional Use Permit 10 -3
12359 Seal Beach Blvd. (Chipotle Mexican Grill)
July 7, 2010
Type 47 ABC license (On -Sale General — Eating Place) and an outdoor dining area at a
proposed new restaurant (Chipotle Mexican Grill) at 12359 Seal Beach Boulevard.
(b) The subject property is located in The Shops at
Rossmoor retail center, located west of Seal Beach Blvd, north of St. Cloud Drive, and
south of Bradbury Road.
(c) Surrounding land uses and zoning are as follows:
NORTH: Parking lot for The Shops at Rossmoor; Commercial /Retail lease
spaces within The Shops at Rossmoor commercial development.
SOUTH: Parking lot for The Shops at Rossmoor; Commercial /Retail lease
spaces within The Shops at Rossmoor commercial development.
WEST: Parking lot for The Shops at Rossmoor; Commercial /Retail lease
spaces within The Shops at Rossmoor commercial development.
EAST: Seal Beach Boulevard; Old Ranch Town Center.
(d) The proposed restaurant lease space comprises
approximately 2,220 square feet; the outdoor dining area comprises approximately 308
square feet.
(e) Based on current information obtained from the
Department of Alcoholic Beverage Control (ABC), the list of existing alcohol licenses
within the general vicinity of the existing business are as follows:
EXISTING ALCOHOL LICENSES WITHIN CENSUS TRACT 1100.08 as of 6/8/2010
Address
Business Name
Type of
ABC
License
Conditional
Use Permit
Case Number
3001 Old Ranch Parkway
Kobe Japanese
Steakhouse
47
88 -2; 99 -1
3005 Old Ranch Parkway
Spaghettini
47
88 -1
12171 Seal Beach Boulevard
California Pizza Kitchen
47
07 -6
12205 Seal Beach Boulevard
Winestyles
20,42
07 -7
12235 Seal Beach Boulevard
Pei Wei Asian Diner
41
07 -5
12301 Seal Beach Boulevard
Sprouts Farmer's
Market
20
08 -1
12489 Seal Beach Boulevard
Marie Callender's
47
03 -5
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Planning Commission Resolution No. 10 -24
Conditional Use Permit 10 -3
12359 Seal Beach Blvd. (Chipotle Mexican Grill)
July 7, 2010
License Types:
Type 20: Off Sale Beer and Wine (Package Store) Authorizes the sale of beer and
wine for consumption off the premises where sold. Minors are allowed on the
premises.
Type 41: On Sale Beer & Wine — Eating Place (Restaurant) Authorizes the sale of
beer and wine for consumption on or off the premises where sold. Must
operate and maintain the licensed premises as a bona fide eating place.
Must make actual and substantial sales of meals during the normal meal
hours that they are open. At least five days a week. Minors are allowed on
the premises.
Type 42: On Sale Beer & Wine — Public Premises (Bar, Tavern) Authorizes the sale of
beer and wine for consumption on or off the premises where sold. No
distilled spirits may be on the premises. Minors are not allowed to enter and
remain. Food service is not required.
Type 47: On Sale General — Eating Place (Restaurant) Authorizes the sale of beer,
wine, and distilled spirits for consumption on the licensed premises.
Authorizes the sale of beer and wine for consumption off the licensed
premises. Must operate and maintain the licensed premises as a bona fide
eating place. Must make actual and substantial sales of meals during the
normal meal hours that they are open. At least five days a week. Minors are
allowed on the premises.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §§ 28 -1300; 28 -2503 to 2505 of the
City's Code the Planning Commission makes the following findings:
(a) Conditional Use Permit 10 -3 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 alcohol sales and
outdoor dining areas, subject to the issuance of a Conditional Use Permit. The use as a
restaurant with on- premise general liquor sales and an outdoor patio 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 restaurant use with on- premise alcohol sales and
an outdoor dining area, if properly conditioned and enforced, is compatible with the
character of the surrounding area. Adherence to conditions of approval placed on the
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Planning Commission Resolution No. 10 -24
Conditional Use Permit 10 -3
12359 Seal Beach Blvd. (Chipotle Mexican Grill)
July 7, 2010
use by the City of Seal Beach would mitigate any adverse impacts to neighboring
residential properties.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 10 -3, subject to the following conditions:
1. Conditional Use Permit 10 -3 is approved for a new Type 47 ABC license (On-
Sale General) and an outdoor dining area, in conjunction with a proposed new
restaurant (Chipotle Mexican Grill) at 12359 Seal Beach Boulevard.
2. All construction and tenant improvements shall be in substantial compliance with
the plans submitted as a part of the application and dated April 14, 2010.
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) 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.
4. There shall be posting of signs in the area where alcoholic beverages are
displayed for sale stating that sales of alcoholic beverages to persons under 21
years of age is prohibited, as well as Proposition 65 warnings with regard to
alcohol consumption.
5. Outdoor dining areas shall be posted with posted with signs stating that the
consumption of alcoholic beverages within the outdoor dining area is prohibited.
6. The premises shall be operated and maintained as a bona fide eating place
(restaurant) at all times and must make actual and substantial sales of meals
during the allowed hours of operation.
7. There shall be no fixed bar, from which alcoholic beverages can be served, on
the premises.
8. It shall be the responsibility of the applicant/licensee to provide all employees
that sell alcoholic beverages with the knowledge and skill enabling them to
comply with their responsibilities under State of California law.
9. The hours of operation for the business shall be as follows:
- Sunday through Saturday— 10:00 a.m. to 10:00 p.m.
10. 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 -24
Conditional Use Permit 10 -3
12359 Seal Beach Blvd. (Chipotle Mexican Grill)
July 7, 2010
11. No commercial deliveries or 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
12. No video games or similar amusements shall be permitted on the premises.
13. Exterior lighting in the parking and outdoor dining areas shall be kept at a level
so as to provide adequate lighting for patrons while not unreasonably disturbing
surrounding commercial areas.
14. 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.
15. The establishment shall have a public telephone listing.
16. 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.
17. A grease trap /interceptor shall be provided for the restaurant, in accordance with
the standards of Chapter 9.25 of the Seal Beach Municipal Code, "Fats, Oil and
Grease Management and Discharge Control'. The applicant shall be responsible
for the periodic service and maintenance for the grease trap /interceptor.
18. 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.
19. 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.
20. All exterior signage shall be in conformance with Chapter 28, Article 18 of the
City of Seal Beach Municipal Code, as well as any applicable Planned Sign
Programs (PSP's) approved for The Shops at Rossmoor retail center.
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.
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Planning Commission Resolution No. 10 -24
Conditional Use Permit 10 -3
12359 Seal Beach Blvd. (Chipotle Mexican Grill)
July 7, 2010
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.
23. This Conditional Use Permit shall become null and void unless exercised within 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 90 days prior to such
expiration date.
24. 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.
25. The term of this permit shall be 12 months after the commencement of business
operations. At the end of the initial term, the applicant may apply to the City for
an indefinite extension of Conditional Use Permit 10 -3. The Planning
Commission may grant an indefinite extension provided that all 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 submitted to the City prior to consideration of an
indefinite permit.
26. 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.
27. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
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Planning Commission Resolution No. 10 -24
Conditional Use Permit 10 -3
12359 Seal Beach Blvd. (Chipotle Mexican Grill)
July 7, 2010
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 7th day of July 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, and Massa- Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
d. '&?�
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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