Planners OK beer and wine sales at John’s Philly Grille

The Planning Commission this week approved a conditional use permit allowing John’s Philly Grille to sell beer and wine for on-site consumption. The vote was 4 to 0. (District Two Commissioner Dominic Massetti had an excused absence.) Staff recommended that planners approve the application.

The applicant spoke briefly at the public hearing, but he was the only person who spoke. There were no questions from the commissioners.

Background

“The restaurant can accommodate up to 30 occupants total with 18 seats located indoor and 12 seats located in the outdoor patio area,” according to the staff report by Associate Planner Marco Cuevas Jr. and Community Development Director Alexa Smittle.

“The restaurant currently operates daily from 10:00 am to 7:00 pm. In the future, the restaurant would like to consider extending operating hours until 10:00 pm for dinner service, and Resolution No. 23-11 reflects the longer hours,” according to the report.

“The applicant [business owner Pedro Perez] proposes to maintain the same method of service where patrons place their order at the counter and retrieve it when it is ready,” according to the Cuevas-Smittle report.

“The proposed addition of beer and wine is allowed subject to the Commission’s approval of the CUP application. The use is physically adequate and compatible with the existing commercial uses in the General Commercial zoned area, as the subject site has operated as a restaurant without an alcohol license since its inception,” according to the Cuevas-Smittle report.

“The Seal Beach Municipal Code Section 11.4.05.015 and 11.4.05.120 requires each alcoholic beverage restaurant establishment to obtain approval of a CUP prior to issuance of an Alcoholic Beverage Control (ABC) License from the State of California,” according to the Cuevas-Smittle report.

“The granting of a Conditional Use Permit requires issues be considered such as undue concentration of establishments dispensing alcoholic beverages, the distance to sensitive land uses, and noise levels generated by the operation of the establishment,” according to the Cuevas-Smittle report.

“The restaurant is located within a commercial center with other restaurants that also sell alcoholic beverages, however, the use is associated with an established restaurant which has no history of adverse impacts on surrounding uses, and imposition of conditions on operations will help prevent the use from creating a nuisance,” according to the Cuevas-Smittle report.

“Secondly, the location of the subject establishment is over 100 feet from the nearest park (Electric Avenue Median Park) and over 250 feet from residences and other sensitive land uses such as religious facilities, libraries, and other similar uses as measured from the front door of the establishment. Lastly, no significant increase in noise levels is foreseen as on-site alcohol consumption will be restricted within the premises of the indoor and outdoor areas of the restaurant only,” according to the Cuevas-Smittle report.

“Lastly, the Seal Beach Police Department has reviewed this request and does not object to the establishment serving alcohol beverages, so long as consumption is maintained on-site and does encroach onto the sidewalk, parking lot, or other public areas,” according to the Cuevas-Smittle report.