Loading...
HomeMy WebLinkAbout4 - CUP 11-12 (135 Main St - Angelo's Deli)December 7, 2011 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 11 -12 133 -135 Main Street (Angelo's Italian Deli) GENERAL DESCRIPTION Applicant: ANGELO MARCIULIANO Owner: INNOMINATE, LLC ILocation: 133 -135 MAIN STREET MAIN ST. SPECIFIC PLAN ZONE (MSSP) FOR THE EXPANSION OF AN EXISTING DELICATESSEN AND SPECIALTY GROCERY STORE WITH A TYPE 41 (ON -SALE BEER & WINE — EATING PLACE) ABC LICENSE INTO AN ADJACENT LEASE SPACE WITHIN THE MAIN STREET SPECIFIC PLAN 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 s: 11.2.10.010; 11.4.05.015; AND 11.5.20 dation: STAFF RECOMMENDS THAT THE PLANNING COMMISSION, AFTER CONSIDERING ALL TESTIMONY, WRITTEN AND ORAL, APPROVE CUP 11 -12, WITH CONDITIONS AS ATTACHED AND AS MAY BE MODIFIED BY THE COMMISSION, THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 11 -29. Z: \Conditional Use Permits \CUP 11 -12 135 Main Street (Angelo's Italian Deli) \CUP 11 -12 135 Main Street PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 o On November 14, 2011, Angelo Marciuliano ( "the applicant ") filed an application with the Department of Development Services for Conditional Use Permit (CUP) 11 -12. o The subject property is described as Orange County assessor's parcel #'s 199 -034- 06 and 199 - 034 -07 ® The existing deli is approximately 1,450 square feet in size and proposed expanded area is approximately 1,450 square feet in size, for a total of approximately 2,900 square feet. ® The existing subject lease space for the business shows an approximately 25' -0" by 58' -0" area. The property is developed with an existing single -story retail building fronting Main Street. El Previous approvals from the City for the subject property include: o CUP 03 -3: For the off - premise sale of Beer and Wine; and the operation of a walk -up /take -out restaurant with a maximum of 10 seats. U CUP 11 -1: For the on- premise sale of Beer and Wine at a walk-up /take- out restaurant with a maximum of 10 seats. © 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 EAST — Retail businesses in the Main Street Specific Plan (MSSP) zone. • WEST — Residential uses in the Residential High Density (RHD) zone ® Captain Tim Olson with the Seal Beach Police Department has reviewed the application and has expressed no concern about the expansion of the business into the adjacent lease space. 13 As of November 30, 2011, the Planning Department has received one comment (attached) in response to the public hearing notices published and mailed regarding this application. CUP 11 -12 135 Main Street PC Staff Report.doc 2 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 DISCUSSION — The applicant is requesting an expansion of the existing delicatessen and specialty grocery store into an adjacent lease space at 135 Main Street. The existing business was most recently granted a CUP for on- premise consumption of beer and wine (Type 41 ABC license) in March of this year, and has a previous CUP on file (CUP 03 -3) for the operation of a walk -up /take -out restaurant with 10 or fewer seats. Since the most recent alcohol permit was granted, Staff is unaware of any adverse impacts resulting from the sale and /or consumption of alcohol at this location. One of the City's standard CUP conditions is that if a business operating under a CUP proposes a substantial change in the nature or operation of the business, then the business operator must apply for a new CUP to incorporate those changes. While the current business has no known issues regarding the sale and /or service of alcohol, or the operation of the business in general, Staff would like to help ensure that the business maintains its good standing going forward. To that end, while Staff is generally supportive of the expansion of the delicatessen and grocery aspect of the business, Staff does have reservations regarding any corresponding expansion of the existing alcohol permit into the proposed expanded lease space. In order to address Staff concerns, Staff is proposing that the expanded lease area (135 Main Street) be prohibited from the sale, on- premise consumption, or display of alcoholic beverages. All sales, displays and consumption of alcoholic beverages shall occur solely within the presently existing lease space of the business (133 Main Street); and that all existing conditions of CUP 11 -1 (which authorized the on- premise sale of alcoholic beverages) remain in force. Additionally, Staff is proposing that present allowance for indoor seating (10 seats or less) as authorized by CUP 03 -3, occur solely within the existing lease space (133 Main Street); that no expansion of indoor seating beyond the 10 seat allowance occur within the existing lease space; and that no seating be located within the proposed expanded lease space (135 Main Street). The layout of the storefronts of both 133 Main Street and 135 Main Street are such that they either can be, or at one time were, internally subdivided to create additional, smaller lease spaces, as there are a total of four separate entry doors between the two addresses. To create a more controlled ingress and egress into the business, Staff is recommending that the northernmost entry door (135 Main Street) be removed and replaced with a fixed glass pane, thereby reducing the total number of entry doors for the business to three. CUP 11 -12 135 Main Street PC Staff Report.doc 3 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 The subject property is legally nonconforming due to inadequate parking. There is a small parking lot behind the establishment that is shared between several businesses and as such, does not meet the total parking demand of any individual business. Staff believes that the subject request would not result in an additional demand for parking and could potentially decrease the total parking demand. The previous business that occupied the subject lease space was a retail clothing store, with an overall parking requirement of one parking space per 500 square feet of gross floor area, and the proposed new use as a grocery store has an overall parking demand of one parking space per 1,000 square feet of gross floor area. Therefore, because of the reduction in parking demand, there is no need for the provision of additional parking or participation in the City's In -Lieu Parking Program. Per MSSP requirements, the maximum permitted operating hours would be from 7:00 a.m. to 10:00 p.m. Sunday through Thursday, and 7:00 a.m. to 11:00 p.m. Friday, Saturday, and Holidays. However, the current CUP for the business restricts operating hours from 8:00 a.m. to 8:00 p.m., seven days a week and Staff is recommending that these restricted hours remain in force. Staff believes that because of the nature of the type of business and the present limitation in seating area (10 seats or less) for the business, the subject request is not anticipated to generate excessive noise concerns, based on typical clientele of such businesses, or other operation - related impacts to the adjacent commercial and residential land uses, and therefore recommends approval of CUP 11 -12, subject to conditions. RECOMMENDATION Staff recommends that the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve CUP 11 -12, provided the Commission can make affirmative findings to the following considerations: ❑ Is Conditional Use Permit 11 -12, as it may be proposed to be conditioned regarding business operations, 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 and on- premise alcoholic sales subject to the issuance of a conditional use permit? ❑ is Conditional Use Permit 11 -1 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 -12 135 Main Street PC Staff Report.doc 4 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 ❑ Is the proposed request, as may be proposed to be conditioned regarding business operations, consistent with the intent and purpose and vision established for the Main Street Specific Plan? ❑ Is the building and property at 133 and 135 Main Street adequate in size, shape, topography and location to meet the needs of the proposed use of the property, as proposed to be conditioned? ❑ Is the required adherence to applicable building and fire codes sufficient to ensure there will be adequate water supply and utilities for the proposed request? ❑ Would the proposed request 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? ❑ Will the proposed request contribute to the unique character of Main Street and the qualities that provide Main Street a sense of identity? ❑ Will the proposed request comply with all applicable City Council Policies, such as the policies the Council has adopted concerning alcohol uses? If the Planning Commission determines it can make affirmative findings for the above items of consideration and wishes to grant the CUP, Staff recommends that the following conditions be incorporated into CUP 11 -12, as well as any additional conditions deemed appropriate by the Planning Commission: 1. Conditional Use Permit 11 -12 is approved for the expansion of an existing delicatessen and specialty grocery store (Angelo's Italian Deli) with a Type 41 (On -sale Beer & Wine — eating place) ABC license, into the adjacent lease space at 135 Main Street. 2. All construction and interior remodel shall be in substantial compliance with the plans dated November 13, 2011, that were submitted as a supplement to the application for Conditional Use Permit 11 -12. 3. The expanded lease area (135 Main Street) shall only be utilized for the sale, display, and storage of dry goods, grocery items, produce, and other related items. 4. There shall be no sale, display, or consumption of alcoholic beverages within the expanded lease area (135 Main Street). All sales, displays, and on- premise consumption of alcoholic beverages shall only occur within the currently existing lease area (133 Main Street). CUP 11 -12 135 Main Street PC Staff Report.doc 5 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 5. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 6. All alcoholic beverages sold or consumed on the premises (133 Main Street) 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. 7. There shall be no advertisements on the premises (133 and 135 Main Street) indicating the availability of beer or wine for sale. 8. There shall be no more than ten (10) total seats within the business at any time for patrons wishing to eat meals on the premises; and all interior seating areas shall be located entirely within the existing lease space (133 Main Street). 9. Outdoor seating for the purpose of consumption of meals is prohibited. 10. There shall be no live entertainment, amplified music, or dancing permitted on the premises. 11. The sale of draught beer is prohibited. 12. 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. 13. A maximum of 20% of the total floor area of the existing delicatessen /specialty grocery store (133 Main Street) shall be dedicated to the sale of beer and wine. There shall be no floor area devoted to the sales of beer and wine within the expanded lease area (135 Main Street). 14. There shall be no fixed bar on the premises for the purpose of consumption of food or beverage. 15. Unless otherwise superseded by this Conditional Use Permit, the conditions of CUP 03 -3 and CUP 11 -1 shall remain in effect. 16. 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. CUP 11 -12 135 Main Street PC Staff Report.doc 6 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 17. 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. 18. 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 se 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 19. The hours of operation shall be: ❑ 8:00 a.m. to 8:00 p.m., seven days a week. 20. No video games or similar amusements shall be permitted on the premises (133 and 135 Main Street) unless a separate conditional use permit is approved for that use. 21. 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. CUP 11 -12 135 Main Street PC Staff Report.doc 7 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 CUP 11 -12 135 Main Street PC Staff Report.doc 8 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 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. 29. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. For: December 7, 2011 ra, AICP �4-ianner rtment of Development Services Attachments (3): Attachment 1: Resolution Number 11 -29 — A resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 11 -12 for the expansion of an existing delicatessen and specialty grocery store with a Type 41 (on -sale beer & wine) ABC license into an adjacent lease space within the Main Street Specific Plan Zone at 135 Main Street. Attachment 2: Resolutions 04 -52 and 05 -42 pertaining to CUP 03 -3; Resolution 11 -3 pertaining to CUP 11 -1 Attachment 3: Project Plans CUP 11 -12 135 Main Street PC Staff Report.doc 9 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 ATTACHMENT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT 11 -12 FOR THE EXPANSION OF AN EXISTING DELICATESSEN AND SPECIALTY GROCERY STORE WITH A TYPE 41 (ON -SALE BEER & WINE) ABC LICENSE INTO AN ADJACENT LEASE SPACE WITHIN THE MAIN STREET SPECIFIC PLAN ZONE AT 135 MAIN STREET CUP 11 -12 135 Main Street PC Staff Report.doc 10 RESOLUTION NUMBER 11 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITONAL USE PERMIT 11 -12 FOR THE EXPANSION OF AN EXISTING DELICATESSEN AND SPECIALTY GROCERY STORE WITH A TYPE 41 ABC LICENSE (ON -SALE BEER & WINE - EATING PLACE) INTO AN ADJACENT LEASE SPACE WITHIN THE MAIN STREET SPECIFIC PLAN ZONE AT 135 MAIN STREET (ANGELO'S ITALIAN DELI) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On November 14, 2011, Angelo Marciuliano (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit 11 -12. Specifically, the applicant is requesting to expand the existing delicatessen and specialty grocery store with a Type 41 (on -sale beer & wine — eating place) ABC license into an adjacent lease space (135 Main Street). Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has determined as follows: The application for CUP 11 -12 for the subject request 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 December 7, 2011, to consider the application for CUP 11 -12. At the public hearing the Planning Commission received evidence and testimony regarding said application. Section 4 . The record of the hearing of December 7, 2011, indicates the following: (a) On November 14, 2011, Angelo Marciuliano (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit 11 -12. Specifically, the applicant is requesting to expand the existing delicatessen and specialty grocery store with a Type 41 (on -sale beer & wine — eating place) ABC license into an adjacent lease space (135 Main Street). (b) The subject property is described as Orange County assessor's parcel #'s 199 - 034 -06 and 199 - 034 -07. (c) The existing delicatessen and grocery is approximately 1,450 square feet in size and the expanded lease space is approximately 1,450 square feet in size, for a total of approximately 2,900 square feet. (d) The existing subject lease space for the business shows an approximately 25' -0" by 58' -0" area. The property is developed with a single -story retail building fronting Main Street. (e) Previous approvals from the City for the subject property include: v 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. o CUP 11 -1: For the on- premise sale of Beer & Wine at 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 expressed no concern about the expansion of the business into the adjacent lease space. (i) As of November 30, 2011, the Planning Department has received one comment in response to the public hearing notices published and mailed regarding this application. 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 -12, 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. (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 -135 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 -12, subject to the following conditions: Conditional Use Permit 11 -12 is approved for the expansion of an existing delicatessen and specialty grocery store (Angelo's Italian Deli) with a Type 41 (On -sale Beer & Wine — eating place) ABC license, into the adjacent lease space at 135 Main Street. 2. All construction and interior remodel shall be in substantial compliance with the plans dated November 13, 2011, that were submitted as a supplement to the application for Conditional Use Permit 11 -12. 3. The expanded lease area (135 Main Street) shall only be utilized for the sale, display, and storage of dry goods, grocery items, produce, and other related items. 4. There shall be no sale, display, or consumption of alcoholic beverages within the expanded lease area (135 Main Street). All sales, displays, and on- premise consumption of alcoholic beverages shall only occur within the currently existing lease area (133 Main Street). 5. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 6. All alcoholic beverages sold or consumed on the premises (133 Main Street) 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. 7. There shall be no advertisements on the premises (133 and 135 Main Street) indicating the availability of beer or wine for sale. 8. There shall be no more than ten (10) total seats within the business at any time for patrons wishing to eat meals on the premises; and all interior seating areas shall be located entirely within the existing lease space (133 Main Street). 9. Outdoor seating for the purpose of consumption of meals is prohibited. 10. There shall be no live entertainment, amplified 'music, or dancing permitted on the premises. 11. The sale of draught beer is prohibited. 12. 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. 13. A maximum of 20% of the total floor area of the existing delicatessen /specialty grocery store (133 Main Street) shall be dedicated to the sale of beer and wine. There shall be no floor area devoted to the sales of beer and wine within the expanded lease area (135 Main Street). 14. There shall be no fixed bar on the premises for the purpose of consumption of food or beverage. 15. Unless otherwise superseded by this Conditional Use Permit, the conditions of CUP 03 -3 and CUP 11 -1 shall remain in effect. 16. 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. 17. 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. 18. 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 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 19. The hours of operation shall be: ❑ 8:00 a.m. to 8:00 p.m., seven days a week. 20. No video games or similar amusements shall be permitted on the premises (133 and 135 Main Street) unless a separate conditional use permit is approved for that use. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 the City of Seal Beach at a meeting thereof held on the Of 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Planning Commission of day Sandra Massa -Lavitt Chairwoman, Planning Commission Mark Persico, AICP Secretary, Planning Commission Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 ATTACHMENT 2 RESOLUTIONS O4 -52 AND 05 -42 PERTAINING TO CUP 03 -3; RESOLUTION 11 -3 PERTAINING TO CUP 11 -1 CUP 11 -12 135 Main Street PC Staff Report.doc 11 RESOLUTION NUMBER 04 -52 OR A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITONAL LUSE PERMIT NO. 03 -3 (INDEFINITE EXTENSION), ALLOWING FOR THE OPERATION OF A WALK- UP/TAKE- OUT RESTAURANT AT 133 %Z MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On September 27, 2004, Melinda Marciuliano (the "Applicant ") filed an application with the Department of Development Services for an Indefinite Extension of Conditional Use Permit 03 -3 for the operation of a walk up / take out restaurant with sales of beer and wine for off -site consumption at 133 '/z Main Street, Seal Beach. Section 2 . Pursuant to 14 California Code of Regulations § 15305 and §I1(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 03 -3 (Indefinite Extension) for the proposed walk up /take out restaurant is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations §15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to §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; and, the dining area was considered as part of Negative Declaration 96 -2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3 . A duly noticed public hearing was held before the Planning Commission on November 3, 2004, to consider the application for CUP 03 -3 (Indefinite Extension). No written evidence was submitted for or against the project, and at the public hearing no one spoke in favor of the request and no one spoke in opposition. Section 4 . The record of the hearing of November 3, 2004 indicates the following: (a) On September 27, 2004, Melinda Marciulano, the applicant, submitted an application for CUP 03 -3 (Indefinite Extension) at 133 % Main Street. Specifically, the applicant is proposing to continue to sell sandwiches, take -out food items, deli meats and cheeses, and specialty groceries. (b) Specifically, the applicant is proposing to operate a walk up / take out restaurant with no more than 10 seats. (c) The subject deli/restaurant contains approximately 1470 square feet. The property is located on the west side of Main Street, in the 100 block, within the Main Street Specific Plan Zone. (d) The subject property is legally described as Orange County assessor's parcel number 199- 034 -07. (e) The subject property is legally nonconforming due to inadequate parking. However, the City considers changes of land use that create a lower demand for parking to be a net positive gain to the City, and routinely approve such requests. (f) The surrounding land uses and zoning are as follows: NORTH, SOUTH Commercial business along Main Street, in the Main AND EAST Street Specific Plan (MSSP) Zone. Page t of 4 Planning Commission Resolution No 04-51 CUP 03 -3 andefmte Extension) 133 % Main Street (Angelo's Italian Deli) November 3, 2004 WEST Various residential developments of single - family and multiple - family, in the Residential High Density (RHD) Zone Section 5 . Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to § §28 -1250, 28 -1400, 28 -2503, and 28 -2504 of the City's Code, the Planning Commission makes the following findings: • Conditional Use Permit 03 -3 (indefinite Extension) 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 restaurants subject to the issuance of a conditional use permit. The proposed conditional use permit is to operate a walk up / take out restaurant. 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 proposed use is consistent with the General Plan. • The building and property at 133 % Main Street are adequate in size, shape, topography, and location to meet the needs of the proposed use of the property. • The proposed use is consistent with the intent and purpose and vision established for the Main Street Specific Plan. • The proposed use 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 use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. • The proposed use complies with all applicable City Council policies, such as the policies the Council has adopted concerning alcohol serving uses. • The Police Department has not had a history of calls to this location. • Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 03 -3 (Indefinite Extension), subject to the following conditions: 1. CUP No. 03 -3 (Indefinite Extension) is approved for the operation of a walk up / take out restaurant located at 133 th Main Street, Seal Beach. 2. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 3. 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. 4. There shall be no more than 10 total seats in the restaurant at any time. 5. 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. Page 2 of 4 Planning Coiunnsston Resolution No 04-52 CUP 03 -3 (Indefinite Extension) 133 %: Mann Street (Angelo's Italian Deli) November 3, 2004 6. There shall be no live entertainment, amplified music, or dancing permitted. 7. The establishment shall comply with Chapter 13D, "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 applicantloperator to mitigate the noise level to comply with the provisions of Chapter 13D. 8. 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. 9. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 10. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 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. 11. 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. 12. There shall not be a service window, which will facilitate food dispersal. 13. The hours of operation shall be 7:00 am. to 10:00 p.m., Sunday through Thursday, and 7:00 am. to 11:00 p.m., Friday, Saturday, and holidays. 14. The Director of Public Works/City Engineer shall evaluate the need for trash facilities directly in front of the subject business location. Upon determination and discretion of the Director of Public Works/City Engineer, the proposed project applicant shall either. a. Pay the City of Seal Beach to provide a trash container, which will be emptied by City forces, to be placed adjacent to or in the nearby vicinity of the business operation, or b. The business operator shall purchase its own container, in a style approved by the Department of Public Works, and shall place said container within the public right -of- way and/or directly adjacent to its place of business during business hours. The business operator shall empty and remove the container from the public right -of -way at the end of each business day. 15. The business operator to steam -clean the public sidewalk in front of their store area on a quarterly basis, and to participate in any City- sponsored sidewalk steam cleaning program that the City may ultimately establish in the future. The business operator shall provide proof to the City on a yearly basis of compliance with said sidewalk steam - cleaning program. 16. 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 Page 3 of 4 Planning Commission Resolution No 04 -52 CUP 03 -3 (Indefinite Extension) 133 % Main Street (Angelo's Italian Deli) November 3, 2004 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 herby. 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 attorney's fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of November 2004 by the following vote: AYES: Commissioners Shanks, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners Ladner T Gordon Shanks Vice- Chairperson, Planning Commission Lee) enberg Secretary, Planning Commiss' Page 4 of 4 RESOLUTION NUMB 0)11G11V0 ER 05 - 42 t A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT NO. 03 -3, ALLOWING FOR THE OFF - PREMISE SALE OF BEER AND WINE IN CONJUNCTION WITH THE OPERATION OF A WALK UPTAKE OUT RESTAURANT AND MARKET AT 133% MAIN STREET, SEAL BEACH (ANGELO'S ITALIAN DELI) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On August 3, 2005, Pat Brown submitted an application for Melinda Marciuliano, the applicant, for CUP 03 -3 (Indefinite Extension) at 133 %z Main St. Specifically, the applicant is proposing to continue the sale of beer and wine for off -site consumption. Section 2 . 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 CUP 03 -3 (Indefinite Extension) for the sale of beer and wine for off -site consumption is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations §15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to §15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration m land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density; and, the dining area was considered as part of Negative Declaration 96 -2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3 . A duly noticed public hearing was held before the Planning Commission on September 7, 2005 to consider the application for CUP 03 -3 (Indefinite Extension) for oil premise sale of beer and wine. No written evidence was submitted for or against the project, and at the public heanng no one spoke in favor of the request and no one spoke in opposition. Section 4 . The record of the hearing of September 7, 2005 indicates the following: (a) On August 3, 2005, Pat Brown submitted an application for Melinda Marciuliano, the applicant, for CUP 03 -3 (Indefinite Extension) at 133 %Z Main Street. (b) Specifically, the applicant is proposing to continue sale of beer and wine for off - premise consumption as part of a walk up /take out restaurant and market. Pagel of 5 Planning Commission Resolution 05 -42 Conditional Use Permit 03 -3 (Indefinite Extension) 133 % Main Street (Angelo's Italian Deli) September 7, 2005 (c) The subject walk up /take out restaurant and market contains approximately 1,470 square feet. The property is located on the west side of Main Street, in the 100 block, within the Main Street Specific Plan Zone. (d) The subject property is legally described as Orange County assessor's parcel number 199- 034 -07. (e) The surrounding land uses and zoning are as follows: WEST Residential Housing in a Residential High Density (RHD) zone EAST Residential Housing in a Residential High Density (RHD) zone and Commercial Businesses in the Main Street Specific Plan NORTH Commercial Businesses in the Main Street Specific Plan area SOUTH Commercial Businesses in the Main Street Specific Plan area Section 5 . Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to § §28 -1250 of the City's Code, the Planning Commission makes the following findings: (a) This Conditional Use Permit is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" designation for the subject area and permits walk up /take -out restaurants subject to the issuance of a conditional use permit. The use is consistent with other 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 133 %z Main Street are adequate in size, shape, topography, and location to meet the needs of the proposed use of the property. (c) The proposed use is consistent with the intent and purpose and vision established for the Main Street Specific Plan. (d) The proposed use 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. (e) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. (f) The proposed use complies with all applicable City Council policies, such as the policies the Council has adopted concerning alcohol serving uses. Page 2 of 5 Planning Commission Resolution 05-42 Conditional Use Permit 03 -3 (Indefinite Extension) 133 % Main Street (Angelo's Italian Deli) September 7, 2005 (g) The Police Department has not had a history of calls to this location. (h) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 03 -3 (Indefinite Extension), subject to the following conditions: 1. CUP No. 03 -3 (Indefinite Extension) is approved for the sale of beer and wine in conjunction with walk up / take out restaurant and market at 133 %: Main Street, Seal Beach. 2. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 3. 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. 4. There shall be no more than 10 total seats in the walk up /take -out restaurant at any time. 5. 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. 6. There shall be no live entertainment, amplified music, or dancing permitted. 7. The establishment shall comply with Chapter 13D, "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 13D. 8. 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. 9. A modification of this CUP shall be applied for when: Page 3 of 5 Planning Commission Resolution 05 -42 Conditional Use Permit 03 -3 (Indefinite Extension) 133 % Main Street (Angelo's Italian Deli) September 7, 2005 a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 10. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 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. 11. There shall not be a service window, which will facilitate food dispersal. 12. The applicant shall comply with.all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 13. Consumption of alcoholic beverages is prohibited in the establishment and its parking area. There shall be posting of signs both inside and outside the licensed premises indicating that the law prohibits drinking inside and outside of the licensed premises. 14. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays. 15. 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. The knowledge and skills deemed necessary for responsible alcoholic beverage shall include, but not be limited to, the following topics and skills development: a. 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. b. The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of excessive consumption of alcoholic beverages. c. Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d. Methods of dealing with intoxicated customers and recognizing under -age customers. 16. 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, Page 4 of 5 Planning Commission Resolution 05 -42 Conditional Use Permit 03 -3 (Indefinite Extension) 133 %: Main Street (Angelo's Italian Deli) September 7, 2005 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 herby. 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 attorney's fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of September 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts, NOES: Commissioners None ABSENT: Commissioners None Cord ShiiM Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commr sion Page 5 of 5 RESOLUTION NUMBER 11 -3 0 R IG' 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. following: Section 4 . The record of the hearing of March 2, 2011, indicates the (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. 2of7 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 & Wne) 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: 1st! 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. 5of7 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, ATCP Secretary, Planning Commission 7of7 Planning Commission Staff Report Conditional Use Permit 11 -12 133 -135 Main Street December 7, 2011 ATTACHMENT 3 PROJECT PLANS CUP 11 -12 135 Main Street PC Staff Report.doc 12