HomeMy WebLinkAboutPC Res 10-06 - 2010-02-17M
RESOLUTION NUMBER 10-6
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 08-3 FOR AN
EXISTING RETAIL WINE BAR / WINE STORE AT
302 MAIN STREET, SEAL BEACH (MAIN STREET
WINE CELLAR)
019
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE:
Section 1. On September 16, 2009, Randy Maddix (the "applicant")
filed an application for an indefinite extension of Conditional Use Permit 08-3 allowing a
Type 42 ABC license (On-sale beer and wine — public premises) at 302 Main Street
(Main Street Wine Cellar) and for modification of the conditions of approval for the same
to allow for expanded hours of operation to 11:00 p.m. on Fridays and Saturdays.
Section 2. An application to modify a Conditional Use Permit is treated
the same as an application for a Conditional Use Permit and the applicable standards of
review are therefore the same. The City may conditionally approve a Conditional Use
Permit only if the City can make certain findings, and can impose conditions, to ensure
compatibility. Section 28-2503 provides that the City may conditionally approve a
Conditional Use Permit only if it can be conditioned prior to approval so as to insure
compatibility with surrounding uses and the community in general and the General Plan.
Section 28-2504, states: "The purpose of a conditional use permit shall be to insure
proposed uses are compatible with surrounding uses and not detrimental to the
neighborhood."
Section 3. Pursuant to 14 Calif. Code of Regs. § 15301 and § 11.13 of the
City's Local CEQA Guidelines, staff has determined that the application for indefinite
extension and modification of Conditional Use Permit 08-3 (indefinite Extension)
requested by the applicant 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.
005
Planning Commission Resolution No. 10-6
Conditional Use Permit 08-3 (1E)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
Section 4. A duly noticed public hearing was held before the Planning
Commission on October 21, 2009, to consider the application for additional expanded
hours and Conditional Use Permit 08-3 (Indefinite Extension). At the public hearing, the
Planning Commission received written and oral evidence regarding the proposed
project.
Section 5. The record of the public hearing of October 21, 2009,
indicates the following:
(a) The subject property is described as Orange County
assessor's parcel # 043-113-14. It is a trapezoidal shaped property having 110 feet of
frontage on Main Street and 78 feet of frontage along the City-owned parking lot that is
located to the south of the subject property, containing approximately 8,362 square feet.
The subject tenant space has 29 feet of frontage along Main Street. The property is
developed with existing single-story retail buildings that contains a total of approximately
6,500 square feet of leasable space; including a 1,500 square foot mattress sales store,
a 1,500 square foot restaurant called The Abbey, a 1,500 square foot Furnace Board
Shop, a skateboard/clothing goods store, and the 1,865 square foot wine store called
Main Street Wine Cellar, which is the subject of the application.
(b) The existing wine store area is 1,865 square feet in
size and accommodates approximately 23 seats at tables and an additional 11 seats at
a wine tasting bar area located along the northern interior wall of the wine store. The
main retail and tasting area comprises the front 40 feet of the building space. The
restroom, storage, and cleanup areas are proposed to be located in the rear 28 feet of
the subject building space and occupy approximately 800 square feet, leaving
approximately 1,065 square feet of sale, display and wine bar area (57% of the building
area).
(c) The nearest residential property is located to the
northeast of the property, across the alley to the rear of the subject property and
easterly of the Main Street alley, approximately 100 feet from the subject premises. 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.
(d) The subject property has previously received the
following approvals from the City:
1 Minor Plan Reviews 67-16, 73-9, 73-13, and
76-21 for various sign requests for the subject property affecting all of the various
business operators on the subject property, approved by adoption of Planning
Commission Resolutions 177, 770, 801, and 1032 respectively.
w1wei
En
Planning Commission Resolution No, 10-6
Conditional Use Permit 08-3 (1E)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
2. Conditional Use Permits 73-10, 75-2, 78-17,
and 80-4 for on sale beer and wine licenses in conjunction with the operation of the
Mandarin Garden Restaurant (now The Abbey), at 306 Main Street, approved by
adoption of Planning Commission Resolutions 791, 897, 1169, and 1204 respectively.
This business subject to these CUPs is located on the same property as Main Street
Wine Cellar.
3. Conditional Use Permit 05-14 for a restaurant
without the ability to offer alcohol with food service located at the same location
currently occupied by the applicant's business, approved by the Planning Commission
on December 7, 2005. The applicant for Conditional Use Permit 05-14 subsequently
determined not to proceed with the project.
4. Conditional Use Permit 06-2 allowing a Type
02 ABC license (Winegrower) for a retail wine store offering wine sales, tasting, and
personalized, private labeled wine produced on the premises, approved by the Planning
Commission on January 18, 2006. The Planning Commission approved an indefinite
extension of Conditional Use Permit 06-2 on June 20, 2007.
5. Conditional Use Permit 08-3 allowing a Type
42 ABC license (On-sale beer and wine — public premises) for a retail wine store and
wine bar approved by the Planning Commission on July 9, 2008 with operational hours
of 12 p.m. until 7 p.m. Tuesday through Thursday and 11 a.m. until 7 pm. on Fridays
and Saturdays. Private wine tastings for up to 15 people were allowed no more than
NOW three times per week between the hours of 7 p.m. and 9 p.m. The Conditional Use
Permit was also subject to a 12-month review period for an indefinite extension.
(e) Between October 2008 and June 2009, the City
received complaints from residents that the business was operating and open to the
general public after 7 p.m., which was outside of the permitted hours of operation then
allowed by Conditional Use Permit 08-3. Staff subsequently sent and hand delivered
letters to the business owner reminding the owner of the approved hours of operation
and the need to adhere to them.
(f) Notwithstanding the applicant's record of non-
compliance with its permitted hours of operation, by June of 2009, the business had
attracted a regular and supportive clientele and had become a successful commercial
addition to the Main Street corridor.
(g) On June 22, 2009, the applicant applied for an
indefinite extension of Conditional Use Permit 08-3 and at the same time requested a
modification of the permitted operating hours to allow the business to operate from 11
a.m. until 10 p.m. daily.
(h) On July 22, 2009, at a duly noticed public hearing, the
Planning Commission considered the application for Conditional Use Permit 08-3
*4w (indefinite Extension) and after considering all public testimony and comments,
including evidence that the applicant had been operating outside its permitted hours of
" am
0-M
Planning Commission Resolution No. 10-6
Conditional Use Permit 08-3 (1E)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
operation, determined to extend the probationary period for Conditional Use Permit 08-3
for an additional 3 months and allow the expansion of operating hours from 11 a.m. until
10 p.m. daily.
(i) On September 16, 2009, the applicant filed an
application for an indefinite extension of Conditional Use Permit 08-3 and requested a
modification of the permitted operating on Fridays and Saturdays to 11 p.m.
0) On October 21, 2009, at a duly noticed public hearing,
the Planning Commission again considered the application for Conditional Use Permit
08-3 (indefinite Extension) and after considering all testimony and evidence presented
at the hearing, decided to extend the probationary period of Conditional Use Permit 08-
3 for an additional three months until to the regular Planning Commission meeting of
January 20, 2010 and to allow the expansion of the business's operating hours to 11
p.m. on Fridays and Saturdays.
(k) At the regular Planning Commission meeting of
January 20, 2010, staff requested additional time to verify that all conditions of approval
for CUP 08-3 were being met, and asked to Planning Commission to continue the
hearing to the regular Planning Commission meeting of February 3, 2010.
(1) Lieutenant Bob Mullins with the Seal Beach Police
1%W Department has reviewed the application and has no reservations or concerns
regarding the subject requests.
Section 6. On February 3. 2010, at a continued public hearing, the
Planning Commission again further considered the application for Conditional Use
Permit 08-3 (Indefinite Extension) and after considering all testimony and evidence
presented at the hearing, voted to grant the indefinite extension of Conditional Use
Permit 08-3 with an added condition that all patrons vacate the premises no later than
one (1) hour after the posted closing time.
Section 7. Based upon the facts contained in the record, including
without limitation those stated in Section 5 of this resolution and pursuant to Sections
18-1250, 28-2503 and 28-2504 of the Seal Beach Municipal Code, the Planning
Commission makes the following findings:
(a) Conditional Use Permit 08-3 (Indefinite Extension), as
conditioned relating to business operations regarding alcohol sales, and the restriction
of beer sales and hours of operation, 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 the on-premise and off-premise sale of
wine, 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
*W elements are consistent with, and reflected in, the Land Use Element. Accordingly, the
proposed use is consistent with the General Plan based on the following:
4 of 10
cm
Vol
Planning Commission Resolution No. 10-6
Conditional Use Permit 08-3 (1E)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
1. The existing wine bar and retail wine store is a
positive addition to the commercial character of Main Street, provides services to the
residents of the community and visitors to the City, while providing an additional retail
sales option on Main Street.
2. The existing wine bar and retail wine store is in
conformance with several urban design factors that are identified within the adopted
Main Street Specific Plan and the resulting Main Street Specific Plan Zone, as set forth
in Sections 28-1250 through 28-1257 of the Seal Beach Municipal Code. The
applicable urban design factors include:
L
views into shops, offices, and restaurants;
ii.
trademark buildings; and
iii
width.
Provision of transparent storefronts with
Eclectic architecture without national
Building facades limited to 35-50 feet in
3. The existing wine bar and retail wine store
reinforces the above identified urban design factors specified in the Main Street Specific
Plan and further complies with the provisions of Section 28-1253.A.1, 28-1253.A.4, and
Section 28-1253.A.6., which discusses transparency of store fronts; fagade setbacks,
and fagade width and appearance of interconnecting buildings.
4. The existing wine bar and retail wine store area
of 1,865 square feet requires the provision of 2 additional off -street parking spaces, or
the payment of an additional in-lieu parking fee of $3,500.00 per space in accordance
with the provisions of Section 28-1256 of the Main Street Specific Plan Zone standards.
The total 'in-lieu" fee that has been previously paid for the wine bar and retail wine store
use by the applicant is $7,000.00.
5. The existing use of the subject premises as a
wine bar and retail wine store is compatible with the surrounding neighborhood given
the existing concentration of alcohol licenses within the "Old Town" area of the City, as
set forth in the Planning Commission Staff Report.
(b) The existing use, as conditioned regarding business
operations by the City and by the State Department of Alcoholic Beverage Control, is
consistent with the intent and purpose and vision established for the Main Street
Specific Plan. The existing wine bar and retail wine store is located within a Census
Tract, 995.12, that has been identified by the State Department of Alcoholic beverage
Control as being over-concentrated. The issuance of a Type 42 (On-sale beer and wine
— public premises) license by the Department of Alcoholic Beverage Control will serve
the public convenience and necessity, and is compatible with the goals and policies of
the Main Street Specific Plan, based on the limitations of the applicable operating
license from the Department of Alcoholic Beverage Control.
(c) The building and property at 302 Main St. are
II%W adequate in size, shape, topography and location to meet the needs of the proposed
use of the property, as proposed to be conditioned based on the following:
.6-151%
Planning Commission Resolution No. 10-6
Conditional Use Permit 08-3 (IE)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
11"W
1 The existing wine bar and retail wine store
location is blocked by the mass of the existing 1 -story and 2-story commercial buildings
located adjacent to the subject property and therefore noise impacts to the residential
neighborhood to the east would not be expected to be adverse from the business
functions.
2. The existing wine bar and retail wine store area
is 1,865 square feet in size and accommodates approximately 23 seats at tables and an
additional 11 seats at a wine tasting bar area located along the northern interior wall of
the wine store. The main retail and tasting area comprises the front 40 feet of the
building space. The restroom, storage, and cleanup areas are proposed to be located
in the rear 28 feet of the subject building space and occupy approximately 800 square
feet, leaving approximately 1,065 square feet of sale, display and wine bar area (57% of
the building area).
3. The subject property is a trapezoidal shaped
property having 110 feet of frontage on Main Street and 78 feet of frontage along the
City-owned parking lot that is located to the south of the subject property, containing
approximately 8,362 square feet. The subject tenant space has 29 feet of frontage
along Main Street. The property is developed with existing single-story retail buildings
that contains a total of approximately 6,500 square feet of leasable space, including the
existing 1,865 square foot wine store, a 1,500 square foot mattress sales store, the
existing 1,500 square foot Abbey Restaurant, and the existing 1,500 square foot
In
"- 0 0 0
(d) Required adherence to applicable building and fire
codes ensures there will be adequate water supply and utilities for the proposed use.
The existing wine bar and retail wine store is required to comply with all standard
building, fire, and health code provisions for the proposed uses of the subject property.
(e) The existing 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 based on the following:
1. The existing wine bar and retail wine store will
serve both residents and visitors of Seal Beach.
2. The existing wine bar and retail wine store will
exclude the sale of beer, ale, and other malt beverages.
3. The existing wine bar and retail wine store
location is blocked by the mass of the existing 1 -story and 2-story commercial buildings
located adjacent to the subject property and therefore noise impacts to the residential
neighborhood to the east would not be expected to be adverse from the business
functions.
Section 8. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 08-3 (IE) subject to the following conditions:
En
Planning Commission Resolution No. 10-6
Conditional Use Permit 08-3 (1E)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
1. Conditional Use Permit 08-3 (IE) is approved for a Type 42 ABC License, "On-
sale beer & wine — public premises" license designation as approved by the State
of California Department of Alcoholic Beverage Control. Said license shall not
allow for a bona fide eating place 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 signs posted inside the windows facing outward or outside of
the building indicating the sale or availability of alcohol.
5. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from within the building, promoting or indicating the
availability of alcoholic beverages. Appetizer menus shall not indicate the
NW availability of beer for sale on the premises.
6. The sale of draught beer shall be prohibited.
7. Beer sales shall not exceed 10% of total alcoholic beverage sales.
8. All business patrons shall vacate the premises no later than one (1) hour after
the posted closing time.
9. Food served in conjunction with the business operation shall be limited to
appetizers/snacks/finger foods. Entr6e-type food shall be prohibited.
10. 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.
11. The knowledge and skills deemed necessary for responsible alcoholic beverage
service 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.
09
En
M
Planning Commission Resolution No. 10-6
Conditional Use Permit 08-3 (1E)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
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 the 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.
12. The following organizations provide training programs, which comply with the
above criteria:
Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558-4101
Date: 1 st Monday of each month
Time: 10:00 a.m. to 1:30 p.m.
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
13. The hours of operation shall be:
a. 11:00 a.m. to 10:00 p.m., Sunday through Thursday;
b. 11:00 a.m. to 11:00 p.m., Friday and Saturday
14. No video games or similar amusements shall be permitted on the premises
unless a separate conditional use permit is approved for that use.
15. 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.
16. 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.
17. 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
8 of 10
Planning Commission Resolution No. 10-6
Conditional Use Permit 08-3 (1E)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
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.
18. 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.
19. 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.
c. There is a substantial change in the mode or character of operations of the
establishment.
20. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach
'VAW 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.
21. The applicant shall prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Director of
Development Services.
22. 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,
I%W judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
Planning Commission Resolution No. 10 -6
Conditional Use Permit 08 -3 (IE)
302 Main Street (Main Street Wine Cellar)
February 17, 2010
In
23. Failure to comply with any of these 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 17th day of February, 2010, by the following
vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, Massa- Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
M
Mark Persico, AICP
Secretary, Planning Commission
on
de
fiery Dea n
Chairwoman, Planning Commission
10 of 10