HomeMy WebLinkAboutPC Res 11-03 - 2011-03-16RESOLUTION NUMBER 11 -3 0RI
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
APPROVING CONDITONAL USE PERMIT 11 -1
FOR THE ADDITION OF A TYPE 41 ABC
LICENSE (ON -SALE BEER & WINE - EATING
PLACE) TO THE EXISTING TYPE 20 ABC
LICENSE (OFF -SALE BEER & WINE) AT 133
MAIN STREET (ANGELO'S ITALIAN DELI)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On February 9, 2011, Angelo Marciuliano (the "applicant ")
filed an application with the Department of Development Services for Conditional Use
Permit 11 -1 requesting the addition of a Type 41 ABC license (On -sale Beer & Wine —
Eating place) to the existing Type 20 ABC license (Off -sale Beer & Wine) at 133 Main
Street.
Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 11 -1 for the
requested 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 March 2, 2011, to consider the application for Conditional Use Permit
11 -1. At the public hearing the Planning Commission received evidence and testimony
regarding said application.
Section 4 . The record of the hearing of March 2, 2011, indicates the
following:
(a) On February 9, 2011, Angelo Marciuliano (the
"applicant ") filed an application with the Department of Development Services for
Conditional Use Permit 11 -1. Specifically, the applicant is requesting to add a Type 41
ABC license (On -sale Beer & Wine — eating place) to the existing Type 20 ABC license
(Off -sale Beer & Wine) in conjunction with an existing delicatessen and specialty
grocery store.
1 of 7
Planning Commission Resolution No. 11 -3
Conditional Use Permit 11 -1
133 Main Street (Angelo's Italian Deli)
March 16, 2011
(b) The subject property is described as Orange County
assessor's parcel # 199- 034 -07.
(c) The existing delicatessen and grocery is
approximately 1,470 square feet in size and the submitted floor plan shows 9 seats at 3
tables near the business entrance.
(d) The subject lease space for the business shows an
approximately 25' -6" by 58' -0" area. The property is developed with a single -story retail
building fronting Main Street.
property include:
(e) Previous approvals from the City for the subject
CUP 03 -3: For the off - premise sale of Beer & Wine;
and the operation of a walk -up /take -out restaurant with
a maximum of 10 seats.
(f) The nearest residential properties are located to the
rear of the subject property, approximately 100 feet from the rear of the business.
(g) The surrounding land uses and zoning are as follows:
❑ NORTH, SOUTH, and EAST — Retail businesses in the Main Street
Specific Plan (MSSP) Zone.
❑ WEST — Residential uses in the Residential High Density (RHD) Zone.
(h) Captain Tim Olson with the Seal Beach Police
Department has reviewed the application and has stated that there have been no calls
for service at the business location, but has expressed concern about the potential for
the business becoming more of a bar than a delicatessen and grocery.
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; and
11.5.20 of the City's Zoning Code, the Planning Commission makes the following
findings:
(a) Conditional Use Permit 11 -1, 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 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.
2 of 7
Planning Commission Resolution No. 11 -3
Conditional Use Permit 11 -1
133 Main Street (Angelo's Italian Deli)
March 16, 2011
(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 133 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.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 11 -1, subject to the following conditions:
1. Conditional Use Permit 11 -1 is approved for a Type 41 ABC License, "On -sale
Beer & Wine — eating place" license designation as approved by the State of
California Department of Alcoholic Beverage Control. Said license shall be in
addition to the existing Type 20 ABC license (Off -sale Beer & Wine) on said
premises.
2. The applicant shall comply with all restrictions placed on the license issued by
the State of California's Department of Alcoholic Beverage Control (ABC).
3. 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.
4. There shall be no exterior advertisements on the premises indicating the
availability of beer and wine. There shall be no interior advertisements that are
specifically directed toward the exterior of the premises that indicate the
availability of beer and wine.
5. There shall be no more than ten (10) total seats within the business.
3 of 7
Planning Commission Resolution No. 11 -3
Conditional Use Permit 11 -1
133 Main Street (Angelo's Italian Deli)
March 16, 2011
6. Outdoor seating for the purpose of consumption of meals is prohibited.
7. There shall be no live entertainment, amplified music, or dancing permitted on
the premises.
8. The sale of draught beer on the premises is prohibited.
9. The business premises are to remain primarily as a delicatessen and specialty
grocery store, with the majority of sales coming from delicatessen, grocery, and
prepared food items.
10. A maximum of 20% of the total floor area of the delicatessen /specialty grocery
store shall be dedicated to the sale of beer and wine.
11. There shall be no fixed bar on the premises for the purpose of consumption of
food or beverage.
12. Unless otherwise superseded by this Conditional Use Permit, the conditions of
Conditional Use Permit 03 -3 shall remain in effect.
13. 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.
14. 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.
15. 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)
4of7
Planning Commission Resolution No. 11 -3
Conditional Use Permit 11 -1
133 Main Street (Angelo's Italian Deli)
March 16, 2011
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 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
16. The hours of operation shall be:
❑ 8:00 a.m. to 8:00 p.m., seven days a week.
17. No video games or similar amusements shall be permitted on the premises
unless a separate conditional use permit is approved for that use.
18. 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.
19. 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.
20. 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.
21. 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.
22. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to change its type of liquor license.
5 of 7
Planning Commission Resolution No. 11 -3
Conditional Use Permit 11 -1
133 Main Street (Angelo's Italian Deli)
March 16, 2011
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.
23. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit pursuant to Part V of 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.
24. 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.
25. The term of this permit shall be one (1) year from the date of Planning
Commission approval of the new Type 41 license. At the end of the initial term,
the applicant may apply for an indefinite extension of Conditional Use Permit 11-
1. The commission may grant an indefinite extension provided that all the
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 paid to the city prior to consideration of an indefinite
extension.
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.
6 of 7
Planning Commission Resolution No. 11 -3
Conditional Use Permit 11 -1
133 Main Street (Angelo's Italian Deli)
March 16, 2011
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 16th day of March 2011, by the following vote:
AYES: Commissioners Massa- Lavitt, Cummings, Everson, and Galbreath
NOES: Commissioners None
ABSENT: Commissioners Bello
ABSTAIN: Commissioners None
Sandra Massa - Lavitt
Chairperson, Planning Commission
Mark Persico, AtP
Secretary, Planning Commission
7 of 7