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HomeMy WebLinkAboutAgenda Packet 2020-02-03CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday,February 3,2020 —7:00 PM City Council Chambers 211 Eighth Street Seal Beach,CA 90740 District 1 —Steve Miller District 2 —Vacant District 3 —Michael Thomas District 4 —Patty Campbell –Chair District 5 —Mariann Klinger Department of Community Development Les Johnson,Community Development Director Steve Fowler.,Senior Planner Marco Cuevas Jr.,Assistant Planner Amy Greyson,Assistant City Attorney •City Hall office hours are 8:00 a.m.to 5:00 p.m.Monday through Friday.Closed noon to 1:00 p.m. •The City of Seal Beach complies with the Americans with Disabilities Act.If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562)431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD.Telephone:(562)596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at:http://sealbeachca.suiteonemedia.com/web/home.aspx PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL:The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS:Anyone wishing to address the Planning Commission on tonight's agenda may do so during this time period.The Planning Commission may also allow the public to address any other matters within the subject matter jurisdiction of the Planning Commission.No action can be taken by the Planning Commission on these communications on this date,unless agendized. CONSENT CALENDAR:Consent Calendar items are considered routine items that normally do not require separate consideration.The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. DIRECTOR'S REPORT:Updates and reports from the Director of Community Development (Planning and Building Divisions)are presented for information to the Planning Commission and the public. COMMISSION CONCERNS:Items of concern are presented by the Planning Commissioners and discussed with staff. SCHEDULED MATTERS:These items are considered by the Planning Commission separately and require separate motions.These transactions are considered administrative and public testimony is not heard. PUBLIC HEARING ITEMS:Public Hearings allow citizens the opportunity to speak in favor of or against agendized items.More detailed information is found in the actual agenda attached.If you have documents to distribute,you should have enough copies for all Planning Commissioners,City staff,and the public.Please give one to the secretary for the City files.The documents become part of the public record and will not be returned. All proceedings are recorded. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda,re-arrange the order of the agenda,and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission.Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law.Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record.All speakers will be limited to a period of 5 minutes. CONSENT CALENDAR CONTINUED ITEMS SCHEDULED MATTERS A.Reorganization of Planning Commission –Election of new Chairperson and Vice Chairperson for 2020. NEW BUSINESS B.Conditional Use Permit (CUP 19-9) 1101 Pacific Coast Highway Applicant:Christina Meza c/o Albertsons/Vons/Pavillions Request:Request for a Conditional Use Permit (CUP 19-9)to allow a type 86 Alcoholic Beverage Control (ABC)license for the on-site tasting of beer,wine and distilled spirits at the Pavilion’s super market within the Seal Beach Center in the Service Commercial (SC)zoning area. Recommendation:After reviewing the application,staff recommends that the Planning Commission adopt Resolution No.20-01,DENYING Conditional Use Permit 19-9. PUBLIC HEARINGS DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Tuesday,February 18,2020 at 7:00 p.m. PLANNING COMMISSION STAFF REPORT DATE:February 3, 2020 TO:Planning Commission THROUGH:Les Johnson, Director of Community Development FROM:Marco Cuevas Jr., Assistant Planner SUBJECT:Request for a Conditional Use Permit (CUP 19-9) to allow a type 86 Alcoholic Beverage Control (ABC) license for the on-site tasting of beer, wine and distilled spirits at the Pavilion’s supermarket within the Seal Beach Center in the Service Commercial (SC) zoning area. LOCATION:1101 Pacific Coast Highway APPLICANT:Christina Meza c/o Albertsons/Vons/Pavilions RECOMMENDATION:After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 20-01, DENYING Conditional Use Permit 19-9. GENERAL PLAN DESIGNATION: COMMERCIAL ZONE:SC (SERVICE COMMERCIAL) SITE DESCRIPTION:Assessor’s Parcel Map Number: 043-260-05 Lot Area: 306,627 square feet Building Area: 48,666 square feet Surrounding Properties: North: Residential Low Density (RLD-9) South: General Commercial (GC) East: Residential Low Density (RLD-9) West: General Commercial (GC) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of beer, wine, and distilled spirits tasting within an existing super market. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on January 23, 2020 and mailed to property owners and occupants within a 500’ radius of the subject property on January 23, 2020, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: ANALYSIS The subject property is located on the north side of Pacific Coast Highway at 1101 Pacific Coast Highway in the Service Commercial (SC) zone. The property is developed with a multi-tenant shopping center approximately 306,627 square feet in size referred to as the Seal Beach Center. The center is anchored by a Von’s Pavilions supermarket and a CVS drug store. There are single-family residences located to the north and east of the commercial center with commercial and residential uses to the south and west across Pacific Coast Highway. The applicant has submitted an application on behalf of Von’s Pavilions 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 05-13 for CUP 05-3. The applicant will continue to operate as a supermarket within the existing 48,666 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 would be limited to the defined area within the inside of the supermarket only. The supermarket will continue to be open 24 hours a day seven days a week. In addition, the establishment is required to comply with all policies pertaining to alcohol uses. 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. Additionally, the City of Seal Beach requires any new alcohol licenses issued to be compliant with Seal Beach Council Policy 600, which requires establishments to be 100 feet away from residential areas. The subject establishment currently measures approximately 70 feet away from the nearest residential property to the east. Although the supermarket has an existing approval to sell beer, wine and distilled spirits for off premise consumption through CUP 05-3, the supermarket does not meet the criteria specified under Seal Beach Council Policy 600, which requires a 100 foot distance away from residential areas. For reference, the issuance of a Type 86 ABC license does not count as an additional license within the census tract ratio, as an instructional license is granted only in conjunction with a qualified off-sale license, such as retail licenses. The proposed does 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. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 20-01 denying Conditional Use Permit CUP 19- 9 to permit the instructional tasting of beer, wine and distilled spirits with a Type 86 Alcohol License in conjunction with a supermarket. Prepared by: Marco Cuevas Jr. Les Johnson Marco Cuevas Jr. Les Johnson Assistant Planner Director of Community Development Attachments: 1. Resolution No. 20-01 – A Resolution of the Planning Commission of the City of Seal Beach, Denying Conditional Use Permit 19-9 to permit the instructional tasting of beer, wine, and distilled spirits within a supermarket at 11001 Pacific Coast Highway in the Service Commercial (SC) Zoning Area. 2. Site Plan and Floor Plan 1 of 3 RESOLUTION NO. 20-01 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT 19-9 PERMITTING THE INSTRUCTIONAL TASTING OF BEER, WINE, AND DISTILLED SPIRITS IN A SUPERMARKET LOCATED AT 1101 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Christine Meza on behalf of Pavilions (“applicant”) submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 19-9 to permit a Type 86 instructional tasting ABC license for the tasting of beer, wine, and distilled spirits within a Pavilions supermarket in an existing commercial shopping center, at 1101 Pacific Coast Highway (the “subject property”), which is located in the Service Commercial (SC) 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 February 3, 2020 to consider the application for CUP 19-9. 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 Seal Beach Center located on the north side of Pacific Coast Highway north of Balboa Drive. The property is developed with a multi-tenant shopping center approximately 306,627 square feet in size referred to as the Seal Beach Center in the Service Commercial (SC) zone. The subject property is surrounded by residential uses to the north and east with commercial uses to the south and west. B. The proposal includes permitting a Type 86 Alcoholic Beverage Control (ABC) license for the tasting of beer, wine, and distilled spirits within an existing Von’s Pavilions 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 05-03, approved through Resolution 05-13. An instructional tasting ABC license is only allowed with an ABC retail license, such as a Type 21 ABC license. 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 Seal Beach Municipal Code, the Planning Commission hereby denies CUP 19-9 and makes the following findings in support thereof: Resolution No. 20-01 Conditional Use Permit 19-9 1101 Pacific Coast Highway 2 of 3 A. The proposed alcoholic beverage 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 do not comply with applicable provisions of the Municipal Code relating to location of businesses that sell alcoholic beverages. 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 (CUP). To obtain an approval for a CUP for any alcoholic beverage establishment, compliance with all conditions of City Council Policy 600-1 is required. The subject site does not meet the minimum distance requirement of 100 feet from a residential land use, as required by City Council Policy 600 (as amended in 2016 pursuant to Resolution No. 6644). The subject site is only 70 feet from a single family residence. The subject site was originally approved for the off-site sale of beer, wine, and distilled spirits through the approval of Resolution 05-13. The supermarket is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is not physically adequate for the proposed interior alterations and use. The site physically is too close to a residential use to comply with all conditions of City Council Policy 600-1. The site is only 70 feet from a single family residence and City Council Policy 600-1 requires the establishment to be a minimum of 100 feet from a residence. 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. The location of the supermarket as previously stated will not comply with distance to sensitive land uses such as residential uses. E. The establishment, maintenance, and operation of the proposed 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. Resolution No. 20-01 Conditional Use Permit 19-9 1101 Pacific Coast Highway 3 of 3 F. The proposed use is not located over 100 feet from any sensitive land uses such as residences, religious facilities, schools, libraries, public parks and playgrounds and other similar uses. The Pavilions Supermarket is located toward the front of the commercial center along Pacific Coast Highway approximately 70 feet from the nearest residence and is immediately surrounded by parking areas, drive aisles and a multi-tenant commercial building. As such, it does not comply with the minimum distance requirement between the proposed use and residential uses. 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. The Planning Commission hereby finds and determines that it would have denied CUP 19-9 based on any one of the findings and conclusions stated in Section 4 of this Resolution, each of which is considered by the Planning Commission to be sufficient independent and alternative ground for denial. Section 6. SBMC Sections 11.5.20.030.A2 and 1.20.005.C govern the time within which this decision of the Planning Commission may be appealed to the City Council. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on February 3, 2020, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _________________________________ Patricia Campbell ATTEST:Chairperson _________________________________ Les Johnson Planning Commission Secretary PROJECT NO.:OWNER/AGENCY:BID ISSUE:CONSTRUCTION ISSUE:W:\19-037_PAV 2803 Seal Beach, CA\Entitlement\_PAV2803_FP Floor Plan.dwg December 10, 2019 - 10:37am Plot by: CeciliaH USE OF DRAWINGS AND COPYRIGHT NOTICE: Use of these drawings and specifications is restricted to the original project site for which they were intended. Re-use or reproduction by any method, in whole or in part, is prohibited unless the expressed written consent is provided by LE ARCHITECTURE. Title to drawings and specifications including all designs, ideas and information remains with LE ARCHITECTURE. Visual contact with these drawings and specifications shall constitute prima facie evidence of the acceptance of these restrictions.LE ARCHITECTUREREVIEWINTIALDATE06/08/201850%mm/dd/yy80%KICK OFF06/01/18REVIEWINTIALDATE06/13/201899%REVIEWINTIALDATEREVIEWINTIALDATEBALCOHOL JUSTIFICATIONCLEGENDDENLARGED PLAN1REFERENCE FLOOR PLANASCOPE OF WORK 1REFERENCE SITE PLANPROJECT NO.:OWNER/AGENCY:BID ISSUE:CONSTRUCTION ISSUE:W:\19-037_PAV 2803 Seal Beach, CA\Entitlement\_PAV2803__SP Site Plan.dwg December 10, 2019 - 10:21am Plot by: CeciliaH USE OF DRAWINGS AND COPYRIGHT NOTICE: Use of these drawings and specifications is restricted to the original project site for which they were intended. Re-use or reproduction by any method, in whole or in part, is prohibited unless the expressed written consent is provided by LE ARCHITECTURE. Title to drawings and specifications including all designs, ideas and information remains with LE ARCHITECTURE. Visual contact with these drawings and specifications shall constitute prima facie evidence of the acceptance of these restrictions.LE ARCHITECTUREREVIEWINTIALDATE06/08/201850%mm/dd/yy80%KICK OFF06/01/18REVIEWINTIALDATE06/13/201899%REVIEWINTIALDATEREVIEWINTIALDATE