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HomeMy WebLinkAbout3 - CUP 11-3 112 Main St (Seal Beach Liquor)April 20, 2011 To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 11 -3 112 Main Street (Seal Beach Liquor) GENERAL - • STEPHANIE POTTER MARY SCHEID Location: 112 MAIN STREET assification of Property: MAIN ST. SPECIFIC PLAN ZONE (MSSP) FOR THE ON- PREMISE PREPARATION AND SALE OF DELI FOODS IN CONJUNCTION WITH AN EXISTING CONVENIENCE /LIQUOR STORE WITHIN THE MAIN STREET SPECIFIC PLAN (MSSP) ZONE. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW AND IS IN ACCORDANCE WITH THE PROVISIONS OF THE MAIN STREET SPECIFIC PLAN, ADOPTED IN ACCORDANCE WITH NEGATIVE DECLARATION 96 -1 11.2.10.010; 11.4.05.015; 11.4.05.070 AND 11.5.20 n: APPROVE CUP 11 -3, SUBJECT TO CONDITIONS AS RECOMMENDED BY STAFF, AND AS MAY BE AMENDED BY THE PLANNING COMMISSION. APPROVAL SHOULD BE THROUGH ADOPTION OF PLANNING COMMISSION RESOLUTION 11 -5. ZAConditional Use Permits \CUP 11 -3 112 Main Street (Seal Beach Liquor) \CUP 11 -3 112 Main Street PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 x 1 IN On March 3, 2011, Stephanie Potter ( "the applicant ") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 11 -3. ® The applicant is requesting a modification to the existing CUP (CUP 92 -8) to allow the on -site preparation and sale of deli foods, in conjunction with the existing liquor store. The applicant is not proposing any on- premise seating; all food will be prepared for take out only. ® The subject property is described as Orange County assessor's parcel # 199 -044- 22. ® The subject property contains approximately 2,940 square feet; and approximately 1,914 square feet of gross retail floor area. The property presently meets all existing parking requirements for the existing use by providing three (3) on -site parking spaces within a garage at the rear of the property, and being 'grandfathered' for the deficient spaces. ® Previous approvals from the City for the subject property include: ® CUP 92 -8: For a Type 21 (Off -sale — General, Package Store) ABC license. This approval was granted in response to City Ordinance #1448, which required all existing businesses that, at the time, were lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance. ® The nearest residential properties are located to the rear of the subject premises, west of the alley to the rear of the property, approximately 100 feet from the business. ® 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 ® Sergeant Ron Lavelle with the Seal Beach Police Department has reviewed the application and has stated that while there have been previous minor ABC enforcement incidents with the business in the past, he is supportive of bringing the business into conformance with current MSSP requirements. CUP 11 -3 112 Main Street PC Staff Report 2 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 ® As of April 11, 2011, the Planning Department has not received any comments or responses to the public hearing notices published and mailed regarding this application. I __ J_ BACKGROUND In January of 1992, the City of Seal Beach adopted Ordinance #1448. Section 10 of Ordinance #1448 required that the proprietor of any use which was nonconforming only due to the lack of a required discretionary permit either: 1.) Apply for and obtain any and all required discretionary permit(s) from the City within six (6) months of the effective date of the ordinance, or 2.) Terminate the use The proprietor chose to apply for, and was subsequently granted, CUP 92 -8, which placed certain conditions on the operation of the business, including, among other things, restrictions on signage and hours of operation. The business has operated under the conditions of CUP 92 -8 since October 1992. DISCUSSION The applicant is requesting to create a deli counter within the existing business for the preparation and sale of sandwiches and deli items to go. Condition #12 of the existing CUP 92 -8 states that a new CUP shall be obtained whenever "there is a substantial change in the mode or character of operations of the establishment ". Staff does consider the subject request a substantial change and is therefore requiring this new CUP. The applicant has proposed the deli counter as take -out only; there are no proposed seating areas either inside, or in front of, the business. Staff is recommending that a condition be added that precludes the business from adding any sort of interior or exterior seating at a later date. The current CUP 92 -8 allows business hours as follows: Monday through Thursday: Friday: Saturday and Sunday: 9:00 A.M. to 11:00 P.M. 9:00 A.M. to 12:00 A.M. (Midnight) 8:30 A.M. to 12:00 A.M. (Midnight) CUP 11 -3 112 Main Street PC Staff Report 3 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 When the Main Street Specific Plan (MSSP) was adopted in 1996, operating hours for restaurants and all liquor establishments were standardized. For any CUP issued after the effective date of the MSSP, the permitted operating hours for such businesses were established as follows: Sunday through Thursday: 7:00 A.M. to 10:00 P.M. Friday and Saturday: 7:00 A.M. to 11:00 P.M. Since the current CUP was issued prior to the adoption of the MSSP, the currently allowed operating hours exceed those established by the MSSP in 1996. Staff is therefore recommending that a condition be added which brings the business operating hours into conformance with those established by the MSSP, specifically, that the establishment close one (1) hour earlier during the week and on the weekends. Per CUP 92 -8, the subject business does meet the parking requirements for the size and type of business within the MSSP. Staff believes that the subject request would not result in an additional demand for parking since the basic nature of the business, a liquor and convenience store with no seating areas, will remain unchanged. Staff is unaware of any adverse impacts to the Main Street area or surrounding residential areas that are related to the current operation of the business. The addition of a deli counter for the preparation and sale of sandwiches for off - premise consumption is not anticipated to create any adverse impacts, as it is currently conditioned, and Staff recommends approval of CUP 11 -3. RECOMMENDATION Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve Conditional Use Permit 11- 3 subject to conditions. Staff's recommendation is based on the following: ❑ Conditional Use Permit 11 -3, 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 Main Street Specific Plan zoning designation for the subject property and permits off - premise alcohol sales subject to the issuance of a conditional use permit. ❑ Conditional Use Permit 11 -3 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. CUP 11 -3 112 Main Street PC Staff Report 4 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 ❑ The subject request, as proposed to be conditioned regarding business operations, is consistent with the intent and purpose and vision established for the Main Street Specific Plan. ❑ The building and property at 112 Main Street is adequate in size, shape, topography, and location to meet the needs of the proposed use of the property, as proposed to be conditioned. ❑ The required adherence to applicable building and fire codes is sufficient to ensure there will be adequate water supply and utilities for the proposed request. ❑ The subject request 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 subject request will contribute to the unique character of Main Street and the qualities that provide Main Street a sense of identity. ❑ The subject request will comply with all applicable City Council Policies, such as the policies the Council has adopted concerning alcohol uses. Approval of Conditional Use Permit 11 -3 should be through the adoption of Resolution No. 11 -5, with the following conditions in place: 1. Conditional Use Permit 11 -3 is approved for the addition of a deli counter and the preparation and sale of sandwiches and deli items for off - premise consumption only, in conjunction with the existing liquor and convenience store with a Type 21 ABC, "Off -sale General — package store ", license designation as approved by the State of California Department of Alcoholic Beverage Control. 2. There shall be no fixed bar on the premises for the purpose of consumption of food or beverage. 3. The proposed food preparation and service area shall not exceed 15% of the total gross floor area of the business. 4. All alcoholic beverages sold for off - premise consumption 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 within the premises or upon any public rights -of -way. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. CUP 11 -3 112 Main Street PC Staff Report 5 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 5. The applicant shall comply with any and all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 6. There shall be no exterior advertisements on the premises indicating the availability of beer, wine, or distilled spirits. There shall be no lighted signs advertising alcoholic beverages placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are intentionally directed to be clearly visible to the exterior shall constitute a violation of this condition. 7. There shall be no interior or exterior seating of any type within the business at any time for patrons wishing to eat food or consume beverages on the premises. 8. The business premises are to remain primarily as a liquor and convenience store with off - premise alcohol sales. 9. 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. 10. 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 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. 11. 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. CUP 11 -3 112 Main Street PC Staff Report 6 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 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 Date: They will schedule appointments 12. The hours of operation shall be: ❑ 8:00 A.M. to 10:00 P.M., Sunday through Thursday ❑ 8:00 A.M. to 11:00 P.M., Friday and Saturday 13. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 14. 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. 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. 15. 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. 16. 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 CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 17. This CUP 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. 18. A modification of this CUP 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. CUP 11 -3 112 Main Street PC Staff Report 7 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 C. There is a substantial change in the mode or character of operations of the establishment. 19. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Title 11 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. 20. 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 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. 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 the aforementioned conditions may result in the revocation of this Conditional Use Permit. For: April 20, 2011 c/ - orvfe grivera, AICP pfor e p tanner partment of Development Services CUP 11 -3 112 Main Street PC Staff Report 8 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 Attachments (4): Attachment 1 Attachment 2: Attachment 3: Attachment 4: Application Proposed Resolution 11 -5 Resolution 92 -40 pertaining to CUP 92 -8 Project Plans CUP 11 -3 112 Main Street PC Staff Report 9 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 ATTACHMENT APPLICATION CUP 11 -3 112 Main Street PC Staff Report 10 OFFICE USE ONLY Application for: (Check one or more) ❑ Conditional Use Permit (CUP) ❑ Minor Use Permit (MUP) ❑ Variance (VAR) ❑ Zone Text Amendment (ZTA) ❑ GPA/Zone Change ❑ Other Hearing On PC Mtg. Date: City of seal Beach h CITY OF SEAL BEACH MAR 3 2011 Department of PUBLIC FEARING AP � r ' � • �= ery /ces FOR OFFICE USE ONLY Application No.: Resolution No.: It—S 1 Property Address: Pt,i y1 2. County Assessor Parcel No: a- 3. Applicant Name: - P 0_14e� Address: �X� `�� i C1 6 L Phone: WorkC ( ) !4 1 S t 0 Mobile: (5 ) _ 1- -3 3 (o E -Mail Address: 4. Property Owner Name: 0. y- L G 1 Address: 1 1 aov G ( 0 - 7 4 6 Phone: Work ( ) Mobile: (a" o cl E -Mail Address: 5. General Plan and Zoning Designation: //� 6. Present Use of Property: C 4y1UftA-e nc-JV -�S_4DY'e- 7. 8. Request For: r��LaRx. - 1 -- i 9. Proof of Ownership Please attach a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by the applicant. or 3 of 9 Rev. 12 /9/10 .......... ' t` 10. f City of Seal Beach Public Hearing Application Form application. Property Owner's Affidavit to be completed and attached to the Legal Description (or attach description from Title or Grant Deed): 19q- 0qq- Do. vd B By: (Signature of Applicant) (Signature of Property Owner) IV Pint Name) (Date) (Pint Name) (Date) 4 of 9 Rev. Jan. 2011 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 ATTACHMENT 2 PROPOSED RESOLUTION 11 -5 CUP 11 -3 112 Main Street PC Staff Report 11 RESOLUTION NUMBER 11 -5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITONAL USE PERMIT 11 -3 FOR THE ON- PREMISE PREPARATION AND SALE OF DELI SANDWICHES IN CONJUNCTION WITH AN EXISTING LIQUOR /CONVENIENCE STORE AT 112 MAIN STREET (SEAL BEACH LIQUOR) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On March 3, 2011, Stephanie Potter (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 11 -3 requesting a modification to an existing CUP for the on- premise preparation and sale of deli sandwiches in conjunction with an existing liquor /convenience store at 112 Main Street. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has determined as follows: The application for CUP 11 -3 for the requested modification to the existing CUP 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 April 20, 2011, to consider the application for CUP 11- 3. At the public hearing the Planning Commission received evidence and testimony regarding said application. Section 4 . The record of the hearing of April 20, 2011, indicates the following: (a) On March 3, 2011, Stephanie Potter filed an application with the Department of Development Services for Conditional Use Permit 11 -3. Specifically, the applicant is requesting a modification to an existing CUP for the on- premise preparation and sale of deli sandwiches in conjunction with an existing liquor /convenience store at 112 Main Street. (b) The subject property is described as Orange County assessor's parcel # 199 - 044 -22. (c) The subject property contains approximately 2,940 square feet; and approximately 1,914 square feet of gross retail floor area. The property presently meets all existing parking requirements for the existing use by providing three (3) on -site parking spaces within a garage at the rear of the property, and being 'grandfathered' for the deficient spaces. (d) Previous approvals from the City for the subject property include: ® CUP 92 -8: For a Type 21 (Off -sale — General, Package Store) ABC license. This approval was granted in response to City Ordinance #1448, which required all existing businesses that, at the time, were lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance. (e) The nearest residential properties are located to the rear of the subject property, approximately 100 feet from the rear of the business. (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) Captain Tim Olson with the Seal Beach Police Department has reviewed the application and has stated that there have been no calls for service or unusual activity at the business location. Section 5 . Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 11.2.10.010; 11.4.05.015; 11.4.05.070 and 11.5.20 of the City's Zoning Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 11 -3, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" land use designation for the subject property and permits off -sale 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 existing and proposed uses, as conditioned, are consistent with the intent and purpose and vision established for the Main Street Specific Plan. (c) The building and property at 112 Main St. are adequate in size, shape, topography, and location to meet the needs of the existing and proposed uses 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 existing and proposed uses. (e) The existing and proposed uses do 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 existing and proposed uses contribute to the unique character of Main Street and the qualities that provide Main Street a sense of identity. (g) The existing and proposed uses will comply with all applicable City Council Policies, such as the policies the Council has adopted concerning alcohol uses. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 11 -3, subject to the following conditions: 1. Conditional Use Permit 11 -3 is approved for the addition of a deli counter and the preparation and sale of sandwiches and deli items for off - premise consumption only, in conjunction with the existing liquor and convenience store with a Type 21 ABC, "Off -sale General — package store ", license designation as approved by the State of California Department of Alcoholic Beverage Control. 2. There shall be no fixed bar on the premises for the purpose of consumption of food or beverage. 3. The proposed food preparation and service area shall not exceed 15% of the total gross floor area of the business. 4. All alcoholic beverages sold for off - premise consumption 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 within the premises or upon any public rights -of -way. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 5. The applicant shall comply with any and all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 6. There shall be no exterior advertisements on the premises indicating the availability of beer, wine, or distilled spirits. There shall be no lighted signs advertising alcoholic beverages placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are intentionally directed to be clearly visible to the exterior shall constitute a violation of this condition. 7. There shall be no interior or exterior seating of any type within the business at any time for patrons wishing to eat food or consume beverages on the premises. 8. The business premises are to remain primarily as a liquor and convenience store with off - premise alcohol sales. 9. 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. 10. 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 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. 11. 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 sf 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 Agencx Alcohol & Drug Education Prevention Team (ADEPT) Program: Serving Alcohol Responsibly (BARCODE) Telephone: (714) 834 -2860 Date: They will schedule appointments 12. The hours of operation shall be: ❑ 8:00 A.M. to 10:00 P.M., Sunday through Thursday ❑ 8:00 A.M. to 11:00 P.M., Friday and Saturday 13. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 14. 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. 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. 15. 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. 16. 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 CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 17. This CUP 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. 18. A modification of this CUP 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. 19. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Title 11 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. 20. 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 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. 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 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 day of 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa -Lavitt Chairwoman, Planning Commission Mark Persico, AICP Secretary, Planning Commission Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 ATTACHMENT 3 RESOLUTION 92 -40 PERTAINING TO CUP 92 -8 CUP 11 -3 112 Main Street PC Staff Report 12 RESOLUTION NUMBER 92-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 92 -8, A REQUEST FOR AN ON -SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN EXISITNG LIQUOR STORE LOCATED AT 112 MAIN STREET (SEAL BEACH LIQUOR) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE WHEREAS on August 27, 1992, Mary Scheid filed an application for CUP 92 -8 with the Department of Development Services, and WHEREAS, the applicant is requesting approval of an off -sale general liquor license in conjunction with a an existing liquor store located at 112 Main Street, Seal Beach (Seal Beach Liquor) This application has been filed in response to City Ordinance 1448 which required all existing businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance, and WHEREAS, the subject property is legally described as Orange County Assessors Parcel Number 199- 044 -22, and WHEREAS, the subject property contains approximately 2,940 square feet and is located approximately 165 northerly of the center of the intersection of Main Street and Ocean Avenue, and WHEREAS, the subject property has 25 feet of frontage on Main Street, and WHEREAS, the subject property contains a one story liquor store with a three (3) car garage at the rear, and WHEREAS, the applicants are proposing to maintain the existing hours of operation at Monday through Thursday 9 00 am to 1100 p m Friday 9 00 a m to 12 00 a m Saturday and Sunday 8 30 am to 12 00 a m, and WHEREAS, the surrounding land use and zoning are as follows NORTH, SOUTH Mixed commercial uses in the Service Commercial (C-1) & WEST Zone EAST A mixture of residential uses in the Residential High Density, zone, (RHD), and WHEREAS, Main Street is a secondary street developed to its ultimate right -of -way of 80 feet, and WHEREAS, the subject property contains approximately 1,914 square feet of gross retail floor area and currently meets all existing parking requirements by providing the following parking spaces On -Site Parking Grandfathered Parking 3 spaces (rear garage) 4 spaces, and MMIP OOCI DJAK9M eccbo Planning Commission Resolution 92-40 WI EREAS, Chief of Police Bill Stearns has reviewed this request and has no concerns regarding the granting of this request, and WHEREAS, a duly noticed public hearing was held on October 21, 1992 to consider CUP 92 -8, and WHEREAS, the Planning Commission makes the following findings i Staff inspected the subject property on October 13, 1992, and found that the liquor meets all requirements ofthe Code, excluding parking, and presently meets all normal conditions of approval for establishments serving off -sale general liquor 2 The granting of CUP 92 -8 is consistent with the provisions of the General Plan which indicate the subject property is to be used for service commercial purposes, which includes off -sale service of alcoholic beverages 3 The building and property at 112 Main Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property 4 Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use 5 Seal Beach Liquor has been in continuous operation for 53 years with no record of significant police or other problems 6 The off - premises sale of beer, wine and distilled spirits is compatible with the character of the Main Street 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 negative impacts to neighboring residential properties 7 The Seal Beach Police Department has reviewed the existing records of the liquor store and has no reservations regarding the requested license NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve of Conditional Use Permit 92 -8 subject to the following conditions 1 CUP 92 -8 is approved for an off -sale general liquor license at 112 Main Street and is issued to Mary Scheid 2 No alcoholic beverages shall be consumed on the premises 3 The applicant shall comply with all restrictions placed on the license by the California Department of Alcoholic Beverage Control 4 With the applicant's consent, the hours of operation shall be from Monday t h r o u g h Thursday 9 00 a m toll 00 p m Friday 900am to1200am Saturday and Sunday 8 30 a m to 12 00 a m 5 No video games or similar amusements shall be permitted on the premises without permits from the City 6 No lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the c AIMR00 cIRMA saI eccx Page 2 Planning Commission Resolution 92.40 window areas Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition 7 CUP 92 -8 is non - transferrable 8 The applicant must bear the cost of modifications or cease operations 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 9 The applicant shall, in a location acceptable to the Director of Development Services, prominently display the above -listed conditions of approval within the store's sales area 10 This conditional use permit shall not become effective for any purpose unless an "acceptance of conditions" form has been signed by the applicant and property owner, notarized or signed before a City staff member subject to proper identification, and returned to the Department of Development Services, and until the ten (10) day appeal period has elapsed 11 The Planning Commission reserves the right to revoke tlus conditional use permit if any violation of these conditions or the Code of the City of Seal Beach occurs 12 A new Conditional Use Permit shall be obtained when any of the following occur (a) transfer of ownership of the license is proposed, (b) the establishment proposes to change its type of liquor license, (c) the establishment proposes to modify any of its current conditions of approval, or (d) there is a substantial change in the mode or character of operations of the establishment PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21 st day of October, 1992, by the following vote AYES Commissioners Sharp. Law_ Fife, Dahlman, Orsini NOES Commissioners ABSENT Commissioners -- Z"�� �In 4 — Plullip Fife, aA-man Planning Coffinssion Leh WhittimSerg, Sec retary ✓ Planning Commission C WAPROM)OMCUMM 9 BMW Page 3 Planning Commission Staff Report Conditional Use Permit 11 -3 112 Main Street April 20, 2011 ATTACHMENT 4 PROJECT PLANS CUP 11 -3 112 Main Street PC Staff Report 13 I s Department of Alcoholic Beverage Control Stale of California ARNOLD SCHWARZENEGGER, Governor LICENSED PREMISES DIAGRAM (RETAIL) t. APPLICANT NAME (LA�firat, �r /� dl17A (J/ f 2. LICENSE TYPE 3 PREMISES ADDRESS (Street number an amp, city, zip lode) 4 NEARESCROSS ST EET The diagram below is a true and correct description of the entrances, exits, interior walls and exterior boundaries of the premises to be licensed, including dimensions, .. .................... ......................:.:...... ......... .......................................................... ........................................ ...:........................... ........................................ ..........................�.�v. 5 ..... .. . ....... .......... ...... :k ............................... ..`....... ............. ....................... I . . . . . } . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . �...... ............. . .. ... �/v�a L /c — ,., . ..... . .. .. . . . . . . . . . . . . . .. . .. .. . . . ;.... ....................... .... ............ .. . .. ............. .. ......... .. :........................... ............................ .... ..... ....................... d .......................... .h .......................... . Z `►.............. ...... In � ......................... ....................... I . : j ........ �,Y. ......................." i 4. Z ..................... ................ �Z .............. ............ . . . It is hereby declared that the above - described boundaries, entrances and planned operation as indicated on the reverse side, will not be changed without first notifying and securing prior written approval of the Department of Alcoholic Beverage Control, I declare under penalty of perjury that the foregoing is true and correct. H Department of Alcoholic Beverage Control SUPPLEMENTAL DIAGRAM State of California ARNOLD SCHWARZENEGGER, Governor Instructions to Applicant: Draw a sketch of the area on which the licensed premises is or will be located Show adjacent structures and nearest cross streets. If this is an event for a daily license, catering authorization or miscellaneous use, show the area where sales and consumption of alcoholic beverages will occur. Post a copy of this diagram with Daily License, Catering Authorization or Event Authorization where the event is held. Sales and consumption of alcoholic beverages must be confined to the area designated in the diagram and supervised to prevent violations of the Alcoholic Beverage Control Act. 1. APPLICANTN"E (Last, first, middle) 2. LICENSE TYPE fftko r J101 ---Ydr- 3. PREMISES ADDRESS' (Street number and name, dry, zip cod ij 4. 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I.have read the above instructions-AndJ.dzqlare und r-o.!=ltY-of.v.eri.urY that the-abo.xe diaiaram.is-true-and correct.