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HomeMy WebLinkAboutPC Res 20-01 - 2020-02-03RESOLUTION 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: 1 of 3 Resolution No. 20-01 Conditional Use Permit 19-9 1101 Pack Coast Highway 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. 2of3 Resolution No. 20-01 Conditional Use Permit 19-9 1101 Pack Coast Highway 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 1.20.005.0 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 ariann Klinger ATTE Tk Chairperson Les ohrAon P nning Commission Secretary 3of3