HomeMy WebLinkAboutPC Res 11-29 - 2011-12-07 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 (133 MAIN
STREET) WITH A TYPE 41 ABC LICENSE (ON-
SALE BEER & WINE - EATING PLACE) INTO AN
ADJACENT LEASE SPACE (135 MAIN STREET)
WITHIN THE MAIN STREET SPECIFIC PLAN ZONE
(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:
• CUP 03-3: For the off-premise sale of Beer
& Wine (Type 20 ABC license); and the
operation of a walk-up/take-out restaurant with a
maximum of 10 seats.
• CUP 11-1: For the on-premise sale of Beer
& Wine (Type 41 ABC license) 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:
1. Conditional Use Permit 11-12 is approved for the expansion of an existing
delicatessen and specialty grocery store (Angelo's Italian Deli) at 133
Main Street, into the adjacent lease space at 135 Main Street. Conditional
Use Permit 11-12 and Resolution 11-29 shall supersede Conditional Use
Permit 11-1 and Resolution 11-3 granted for the subject property.
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. 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.
16. 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.
17. 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 stt 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
18. The hours of operation shall be:
❑ 8:00 a.m. to 8:00 p.m., seven days a week.
19. 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.
20. Litter and trash receptacles shall be located at convenient locations inside
and outside the establishment. The business operator 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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 7 " day
of "I)cGPr"Lec 2011 by the following vote:
AYES: Commissioners 60,4,101;a 5 5'i E-vr Sall 6od6•fe,11i 60)dbrr3i 111 ss -I,o,v,If
NOES: Commissioners Pone_
ABSENT: Commissioners AJenG
ABSTAIN: Commissioners ijon{,
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andra Massa-Lavitt V V4 (l(
Chairwoman, Planning Commission
"----( P rsico, AICP
cr ary, Planning Commission