HomeMy WebLinkAboutPC Res 11-05 - 2011-04-20RESOLUTION NUMBER 11 -5 O ��
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 Conditional Use Permit 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 Conditional Use Permit 11 -3 for the
requested modification to the existing Conditional Use Permit 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 Conditional Use Permit
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 Conditional
Use Permit for the on- premise preparation and sale of deli sandwiches in conjunction
with an existing liquor /convenience store at 112 Main Street.
1 of 7
Planning Commission Resolution No. 11 -5
Conditional Use Permit 11 -3
112 Main Street (Seal Beach Liquor
April 20, 2011
(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:
a Conditional Use Permit 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.
2 of 7
Planning Commission Resolution No. 11 -5
Conditional Use Permit 11 -3
112 Main Street (Seal Beach Liquor
April 20, 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 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.
3 of 7
Planning Commission Resolution No. 11 -5
Conditional Use Permit 11 -3
112 Main Street (Seal Beach Liquor
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 sf Monday of each month
Time: 10:00 a.m. to 1:30 p.m.
4 of 7
Planning Commission Resolution No. 11 -5
Conditional Use Permit 11 -3
112 Main Street (Seal Beach Liquor
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 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.
17. 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.
18. 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.
5of7
Planning Commission Resolution No. 11 -5
Conditional Use Permit 11 -3
112 Main Street (Seal Beach Liquor
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 Conditional
Use Permit 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 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.
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 20th day of April 2011, by the following vote:
AYES: Commissioners Massa- Lavitt, Bello, Cummings, Everson, and
Galbreath
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
6of7
Planning Commission Resolution No. 11 -5
Conditional Use Permit 11 -3
112 Main Street (Seal Beach Liquor
April 20, 2011
I WIO VI &OPL7
tz Sandra Massa - Lavitt
Chairperson, Planning Commission
Mark Persico, AIC
Secretary, Planning Commission
7 of 7