HomeMy WebLinkAboutItem 3TO:
FROM:
MEETING DATE:
SUBJECT:
LOCATION:
APPLICANT:
PLANNING COMMISSION
STAFF REPORT
ITEM NUMBER
Planning Commission
Director of Community Development
July 18, 2016
PUBLIC HEARING
9
REQUEST FOR CONDITIONAL USE PERMIT
(CUP 16 -2) TO ALLOW A TYPE 86
ALCOHOLIC BEVERAGE CONTROL (ABC)
LICENSE THE ON -SITE TASTING OF BEER,
WINE AND DISTILLED SPIRITS AT THE
RALPH'S SUPER MARKET WITHIN THE OLD
RANCH TOWNE CENTER
12470 Seal Beach Boulevard
ART RODRIGUEZ & ASSOSCIATES
RECOMMENDATION: After conducting the Public Hearing, staff
recommends that the Planning Commission
adopt Resolution No. 16 -15, Approving
Conditional Use Permit 16 -2.
GENERAL PLAN DESIGNATION:
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Commercial Center Area:
Building Floor Area (Ralphs)
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Conditional Use Permit 16 -2
12470 Seal Beach Boulevard
Page 2 of 4
COMMERCAIL - GENERAL
GC (GENERAL COMMERCIAL)
130 - 861 -18
1,135,252 square feet (26.06 acres)
43,850 square feet
North: Residential
South: Commercial
East: Residential
West: Commercial
Pursuant to the State of California Public Resources Code and State Guidelines for the
California Environmental Quality Act (CEQA), the Community Development Department
has determined that the proposed project is categorically exempt from further
environmental review per Section 15301, existing structure of the State CEQA Guidelines.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July
7, 2016 and mailed to property owners and occupants within a 500' radius of the subject
property on July 7, 2016, with affidavits of publishing and mailing on file.
VICINITY MAP:
I_1
Conditional Use Permit 16 -2
12470 Seal Beach Boulevard
Page 3 of 4
ANALYSIS:
The subject property is located on the east side of Seal Beach Boulevard at 12470 Seal
Beach Boulevard in the General Commercial (GC) zone. The property is developed with a
multi- tenant shopping center approximately 286,967 square feet in size referred to as the
Old Ranch Towne Center. The center is anchored by a Target retail store, Ralph's super
market and CVS drug store. There are single - family residences located to the north and
east of the commercial center with commercial uses to the west across Seal Beach
Boulevard and Old Ranch Golf Course to the south and east. The applicant has submitted
an application on behalf of Ralph's Supermarket for a Conditional Use Permit (CUP) to
permit a Type 86 Alcoholic Beverage Control (ABC) license to allow instructional tasting of
beer, wine and distilled spirits inside the store.
The supermarket has an existing approval to sell beer, wine and distilled spirits for off
premise consumption through the approval of Resolution 04 -11 for CUP 00 -9. The
supermarket is also permitted to maintain three tables with four seats each for outdoor
dining through the approval of Resolution 07 -7 for CUP 07 -2. The applicant will continue to
operate as a supermarket within the existing 43,850 square foot retail building. As part of
the request for a Type 86 ABC license, minor alterations will be completed within the store
to establish a small- defined area for the tasting of beer, wine and distilled spirits. The
applicant is proposing to utilize vendors to provide instructional tastings within the approved
tasting area. The instructional tastings will be limited to the hours of 12:00 p.m. to 5:00 p.m.
and only one vendor with one product will be permitted at a time. Instructional tasting will
be prohibited in the approved outdoor dining area or in any area outside of the defined
tasting space within the store. The supermarket will continue to be open 24 hours a day
seven days a week.
The City of Seal Beach Municipal Code, Section 11.4.05.015 requires each alcoholic
beverage establishment to obtain approval of a CUP prior to issuance of an Alcoholic
Beverage Control (ABC) License from the State of California. The location of the
establishment is over 100 feet away from sensitive land uses such as residences, religious
facilities, parks and other similar uses. On -site tasting of alcohol will be restricted to a
defined area within the supermarket only. The establishment will be required to comply with
all policies pertaining to alcohol uses.
The supermarket is located in Census Tract 1100.12, which allows two off -sale alcohol
licenses by the California Department of Alcoholic Beverage Control. Currently there are
three off -sale alcohol licenses in this census tract. The issuance of a Type 86 ABC license
does not count towards this ratio as it is an instructional license granted only in conjunction
with retail licenses. The Resolution includes a condition that the approval is contingent
upon the Department of Alcoholic Beverage Control issuing the Type 86 ABC license to the
applicant.
The proposed use will not increase the number of parking spaces required for the center
as the proposed use is ancillary to the primary use of a supermarket and the proposed use
is not increasing the square footage of the building footprint. The shopping center is
compliant with Seal Beach Municipal Code Table 11.4.20.015.A.1 which requires a parking
ratio of 5 parking spaces per 1,000 square feet of Gross Floor Area (GFA) for a shopping
center with a GFA greater than 75,000 square feet. The shopping center has a GFA of
approximately 286,967 square feet. The ratio would require the site to provide 1,435
parking spaces and there are currently 1,530 parking spaces,
spaces.
Conditional Use Permit 16 -2
12470 Seal Beach Boulevard
Page 4 of 4
a surplus of 95 parking
Parking Demand Table
Gross Floor
Parking
Parking
Type of Use
Area Ratio
Parking Ratio:
required
Provided
(sq.ft.)
Shopping
286,967
5 spc /1,000 sq.ft. of
11435
1,530
Center
Gross Floor Area (GFA)
The proposed use is compliant with the General Plan Land Use Designation of General
Commercial, which encourages commercial centers to provide a broad range of retail, and
service needs for the community.
CONCLUSION:
After conducting the public hearing and receiving is testimony, staff recommends that
the Planning Commission adopt attached Resolu ion o. 16 -15 Approving CUP 16 -2 to
permit the instructional tasting of beer, wine an disti ed spirits with a Type 86 Alcohol
License in conjunction with a supermarket.
Prepared : _.
Steve Fowler
Assistant Planner — Community Development
Attachments 2:
of Community Development
1. Resolution No. 16 -15 —A Resolution of the Planning Commission of the City of Seal Beach
Approving Conditional Use Permit 16 -2 to permit the instructional tasting of beer, wine, and
distilled spirits within a supermarket at 12470 Seal Beach Boulevard.
2. Site Plan and Floor Plan
RESOLUTION NO. 16 -15
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE
PERMIT 16 -2 PERMITTING THE INSTRUCTIONAL
TASTING OF BEER, WINE, AND DISTILLED SPIRITS IN
A SUPERMARKET LOCATED AT 12470 SEAL BEACH
BOULEVARD
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. Art Rodriguez & Associates on behalf of Ralph's Grocery Company
( "applicant ") submitted an application to the City of Seal Beach Department of Community
Development for Conditional Use Permit (CUP) 16 -2 to permit a Type 86 ABC license for
the tasting of beer, wine, and distilled spirits within a Ralph's supermarket in an existing
commercial shopping center, at 12470 Seal Beach Boulevard (the "subject property "), which
is located in the General Commercial (GC) Zone.
Section 2. Pursuant to the State of California Public Resources Code and State
Guidelines for the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the proposed project is categorically exempt
from environmental review per Section 15301 of the State CEQA Guidelines.
Section 3. A duly noticed public hearing was held before the Planning Commission
on July 18, 2016 to consider the application for CUP 16 -2. At the public hearing, the
Planning Commission received and considered all evidence presented, both written and
oral, regarding the subject application. The record of the public hearing indicates the
following:
A. The subject property is within the Old Ranch Towne Center located on
the east side of Seal Beach Boulevard north of St. Cloud Drive. The site consists of 8
parcels totaling 1,135,252 square -feet (26.06 acres) with approximately 286,967 square feet
of mixed retail and restaurant uses in the General Commercial (GC) zone. The subject
property is surrounded by residential uses to the north and east, and commercial uses to
the west and south.
B. The proposal includes permitting a Type 86 Alcoholic Beverage Control
(ABC) license for the tasting of beer, wine, and distilled spirits within a Ralph's supermarket.
Instructional tasting will be provided within the store by a vendor. The proposal includes
interior improvements to establish an approved tasting area.
C. The supermarket has an existing Type 21 ABC license for the off-
premise sale of beer, wine, and distilled spirits, CUP 00 -9, approved through Resolution 04-
11. The supermarket also has outdoor dining including three tables with four seats each,
pursuant to CUP 07 -2, approved pursuant to Resolution No. 07 -7. Both CUP 00 -9 and CUP
07 -2 will remain active.
Section 4. Based upon the facts contained in the record, including those stated in
the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Code of the
City of Seal Beach, the Planning Commission makes the following findings:
1 of 6
Resolution No. 16 -15
Conditional Use Permit 16-2
12470 Seal Beach Boulevard
A. The proposed alcohol tasting in conjunction with the off - premise retail
sale of beer, wine, and distilled spirits within an existing supermarket is consistent with the
General Plan. The General Plan specifies that the General Commercial Land Uses
encourages commercial centers to provide a broad range of retail and service needs for the
community. The addition of instructional tasting of alcoholic beverages within the shopping
center expands the services offered to the community and attracts a wider range of
residents.
B. The proposed use and alterations comply with applicable provisions of
the Municipal Code. The Seal Beach Municipal Code permits the sale of beer, wine, and
distilled spirits at a retail establishment with approval of a Conditional Use Permit. The
subject site was originally approved for the off -site sale of beer, wine, and distilled spirits
through the approval of Resolution 04 -11. An instructional tasting ABC license is only
allowed with an ABC retail license. The supermarket is in compliance with all other
applicable provisions of the Municipal Code.
C. The subject site is physically adequate for the proposed interior
alterations and use. The site contains adequate parking to continue to meet the needs of
the supermarket. The instructional tasting use will serve as a complimentary use to the
existing supermarket only. A small area within the existing supermarket will be established
as an approved tasting area and on -site consumption or tasting will not be permitted outside
of the approved tasting area.
D. The location, size, design, and operating characteristics of the
proposed interior alterations would be compatible with the surrounding uses and will not
adversely affect those uses or properties in the surrounding areas. The supermarket
complies with the height, setback and parking requirements of the General Commercial
zoning area and conditions have been imposed to ensure the proper instructional service of
alcohol to patrons in compliance with City Council Policy 600 -1 (Standard Conditions for
Alcohol Related Land Uses). The hours of operation for instructional tasting are limited to
12:00 PM to 5:00 PM per regulation in the Alcohol Act of 2011. All activities related to the
instructional tasting will take place within a designated area on the interior and will serve as
a complimentary use to the existing supermarket.
E. The establishment, maintenance, and operation of the proposed interior
alterations and use would not be detrimental to the health, safety, or welfare of persons
residing or working in the vicinity. The proposed interior alterations will require a minimal
period of construction to create a designated instructional tasting area adjacent to where
alcoholic beverages are sold. The subject site will continue to operate as a supermarket
which is consistent with surrounding commercial uses in the area. This Resolution includes
several conditions that require compliance with the Alcohol Act of 2011 to ensure the
operation the instructional tasting use does not affect persons residing or working in the
vicinity.
F. The proposed use is over 100 feet from any sensitive land uses such as
residences, religious facilities, schools, libraries, public parks and playgrounds and other
similar uses. The Ralph's Supermarket is located toward the rear of the commercial center
along Seal Beach Boulevard approximately 600 feet from the nearest residence and is
2 of 6
Resolution No. 16 -15
Conditional Use Permit 16 -2
12470 Seal Beach Boulevard
immediately surrounded by parking areas, drive aisles and a multi- tenant commercial
building.
G. The noise levels generated by the operation of the site would not
exceed the level of background noise normally found in the area as there will not be any
exterior music or instructional tasting activities on the exterior of the building. All instructional
tasting activity will be confined to an approved area within the supermarket. In the event that
complaints are received in the future, the Planning Commission reserves the right to
reconsider the operation.
Section 5. Based upon the foregoing, the Planning Commission hereby approves
CUP 16 -2 to allow a Type 86 ABC license for instructional tasting of beer, wine, and distilled
spirits at a supermarket within a commercial shopping center, located at 12470 Seal Beach
Boulevard, subject to the following conditions.
1. Conditional Use Permit 16 -2 is approved to permit a Type 86 ABC License allowing
the instructional tasting of beer, wine, and distilled spirits within a supermarket
located at 12470 Seal Beach Boulevard.
2. The applicant shall comply with all restrictions placed upon all licenses issued by the
State of California Department of Alcoholic Beverage Control (ABC). In connection
with the City's consideration of an application, the applicant must demonstrate
compliance with all restrictions placed upon the issuance of such license by the
Alcoholic Beverage Control Act, Business and Professions Code §2300 to §2600,
including but not limited to Rule 61.3(a) and 61.4.
3. The premises of the supermarket must be in substantial compliance with the floor
plan submitted with the application and maintained on file with the Community
Development Department dated May 25, 2016.
4. The applicant shall furnish the City a copy of the ABC license and a copy of any
conditions placed on the license by the Department of Alcoholic Beverage Control.
This shall be done as soon as the license is received by the applicant from the State
of California Department of Alcoholic Beverage Control.
5. Instructional tasting shall take place only between the hours of 12 p.m. and 5 p.m. in
the approved tasting area only.
6. Only one vendor and one product can be featured in the tasting area during each
session.
7. At all times during an instructional tasting event, the instructional tasting area shall be
separated from the remainder of the off -sale licensed premises by a wall, rope, cable,
cord, chain, fence, or other permanent or temporary barrier. The license holder shall
prominently display signage prohibiting persons under 21 years of age from entering
the instructional tasting event area.
8. The license holder shall not permit any consumer to leave the instructional tasting
area with an open container of alcohol.
9. The instructional tasting license shall not authorize the license holder to conduct any
on -sale retail sales to consumers attending the instructional tasting event.
10. The instruction of consumers regarding beer may include the furnishing of tastes of
beer to an individual of legal drinking age. Beer tastes at any individual course of
3 of 6
Resolution No. 16-15
Conditional Use Permit 16 -2
12470 Seal Beach Boulevard
instruction shall not exceed eight ounces of beer per person, per day. The tasting
portion of a course of instruction shall not exceed one hour at any individual licensed
retail premises. Tastes of beer may not be served to a consumer in their original
container but must be served in an individual glass or cup.
11. The instructional tasting event may include the serving of alcoholic beverages to an
attendee of legal drinking age. An instructional tasting event on the subject of wine or
distilled spirits shall be limited to not more than three tastings per person per day. A
single tasting of distilled spirits shall not exceed one -fourth of one ounce and a single
tasting of wine shall not exceed one ounce. An instructional tasting event on the
subject of beer shall be limited to not more than the tasting of eight ounces of beer
per person per day.
12. Tastes of beer, wine or distilled spirits shall not be served to a consumer in their
original container but must be served in an individual glass or cup.
13. The tasting portion of a course of instruction shall not exceed one hour per person
per day.
14. The wine, beer, or distilled spirits tasted shall be limited to the products that are
authorized to be sold by the authorized licensee and the license holder under its off-
sale license.
15. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
16. Deliveries to the premises are prohibited between 10:00 p.m. and 7:00 a.m.
17. Exterior lighting in the parking area shall be kept at a level so as to provide adequate
lighting for patrons while not unreasonably disturbing surrounding residential or
commercial areas.
18. There shall be no dumping of trash outside and /or glass bottles outside the
establishment between the hours of 10:00 p.m. and 7:00 a.m.
19. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach
Municipal Code. Should complaints be received regarding noise generated by the
establishment, the Planning Commission reserves the right to schedule this permit for
reconsideration and may require the applicant/business operator to mitigate the noise
level to comply with the provisions of Chapter 7.15,
20. Any proposed alterations or upgrades to the supermarket will require review and
approval from the City of Seal Beach Planning Division.
21. The applicant is required to obtain all required Building and Safety permits prior to
tenant improvements, construction or demolition.
22. A modification of this CUP must 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.
- .
Resolution No. 16 -15
Conditional Use Permit 16 -2
12470 Seal Beach Boulevard
23. In the event staff determines that security problems exist on the site, the conditions of
this permit may be amended, under the procedures of the Seal Beach Municipal
Code to require the provision of additional security measures.
24. The Planning Commission reserves the right to revoke or modify this CUP if any
violation of the approved conditions occurs, any violation of the Code of the City of
Seal Beach occurs or if harm or operational behavior problems or activities occur in
or around the supermarket or parking lot as a result of or arising out of the tasting
activities. Examples of harmful or operation behaviors, problems or activities include,
but are not limited to, violence, public drunkenness, vandalism, solicitation, litter,
criminal and /or anti - social behavior.
25. The establishment shall have a public telephone listing.
26. It shall be the responsibility of the applicant/licensee to provide all employees that sell
or serve alcoholic beverages with the knowledge and skills that will enable them to
comply with their responsibilities under State law.
The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but are not limited to the following topics and skills
development:
a) State laws relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving under
the influence, hours of legal operations and penalties for violating these laws.
b) 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.
c) Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
d) Methods for dealing with intoxicated customers and recognizing underage
customers.
27. Litter and trash receptacles shall be located at convenient locations inside the
establishment and operators of such establishments shall remove trash and debris
on an appropriate basis so as not to cause a health problem.
28. Consumption of alcoholic beverages shall be prohibited in the establishment's
parking area. There shall be appropriate posting of signs both inside and outside the
licensed premises indicating that drinking outside the licensed premises is prohibited
by law.
29. The subject property remains subject to CUP 00 -9 (approved pursuant to Resolution
No. 04 -11), and CUP 07 -2 (approved pursuant to Resolution No. 07 -7), and at all
times shall comply with all conditions of approval of CUP 00 -9 and CUP 07 -2.
30. The applicant shall prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Community
Development Director.
31. Failure to comply with any of these conditions or a substantial change in the mode or
character of the supermarket shall be grounds for revoking or modifying this CUP
approval.
5 of 6
Resolution No. 16 -15
Conditional Use Permit 16 -2
12470 Seal Beach Boulevard
32. This CUP shall not become effective for any purpose unless /until a City "Acceptance
of Conditions" form has been signed and notarized by the applicant before being
returned to the Planning Department; and until the ten (10) calendar day appeal
period has elapsed.
33. Approval of this request shall not waive compliance with all sections of the Municipal
Code, or all other applicable City Ordinances in effect at the time of permit issuance.
34. This CUP shall become null and void unless exercised within one 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 Community
Development Department at least ninety days prior to such expiration date.
35. The applicant must, and by signing the Acceptance of Conditions form, agrees to
indemnify, defend, and hold harmless City, its officers, agents, and employees
(collectively "the City" hereinafter in this paragraph) 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.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on July 18, 2016, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Jim Basham
Planning Commission Secretary
. . ^,
Esther Cummings
Chairperson
Emig
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