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HomeMy WebLinkAboutPC Res 22-09 - 2022-08-01 RESOLUTION NO. 22-09 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING A MODIFICATION TO THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT ALLOWING A CHANGE IN THE TYPE OF ALCOHOL LICENSE FROM A TYPE 41 TO A TYPE 23 ALCOHOL LICENSE IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT/CAFE WITHIN AN INDOOR SPORTS FACILITY AT 1709 APOLLO COURT IN THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On May 16, 2022, Fabio Mando, submitted an application on behalf of AIM Sport Group ("the applicant"), to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 22-4 to allow a modification to the previously approved Conditional Use Permit allowing for a Type 41 alcohol license (on- sale beer and wine) to a Type 23 alcohol license (Small Beer Manufacturer) in conjunction with the operation of a restaurant/cafe with a Type 41 (beer and wine) alcohol license located in the Boeing Integrated Defense Systems (BIDS) Specific Plan Area. 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 exempt from environmental review per Sections 15060(c)(2), 15061(b)(3), and 15332 of the State CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on July 18, 2022, and subsequently moved to the meeting of August 1, 2022, to consider the application for CUP 22-4. At the August 1, 2022, 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 site consists of a single 71,151-square-foot industrial building with two floors. The main tenant space on the first floor will be occupied by the proposed use and measures 71,151 square feet. The second-floor measures 16,351 square feet and is used as office space and leased to a separate tenant. The building is located on the west side of Apollo Court, at the terminus of Apollo Drive and is addressed 1709 Apollo Court. The property is surrounded by light industrial buildings that are occupied with light manufacturing, warehouse and office uses to the south and east; to the west by single-family homes located within the City of Long Beach (across the Los Alamitos channel); and, to the north by residences within Leisure World (across Westminster Avenue). The subject property is located in Planning Area 2 of the BIDS 1 of 8 Resolution 22-09 1709 Apollo Court Specific Plan Area which permits a gymnasium and similar sports facility uses, restaurants, and on-sale and off-sale liquor establishments with the approval of a Conditional Use Permit. B. The applicant proposed interior tenant improvements to convert 48,453 square feet of the 71,151 square feet of existing first floor space into a basketball and volleyball center which will allow for either eleven (11) volleyball or eight(8) basketball courts and the remaining 22,698 square feet for offices, a pro-shop, a conditioning training space, and a 2,700-square-foot restaurant/cafe area. The business will generally operate from 12 PM to 10 PM, Monday through Friday, and 7 AM to 12 AM Saturday and Sunday. C. A parking analysis was prepared by Linscott, Law, & Greenspan, Engineers to analyze the peak demand of the proposed basketball and volleyball center operations on the project site. The parking analysis concluded that the project site can accommodate the anticipated parking demand of a 2-hour weekday team practice schedule. The parking analysis found the 169 parking spaces allocated for the project can accommodate the peak demand of 162 parking spaces. D. Pursuant to Seal Beach Municipal Code Section 11.4.05.015, a conditional use permit is required for all alcoholic beverage establishments; and the CUP must include all appropriate conditions of City Council Policy 600-1: Standard Conditions for Alcohol-Related Land Uses 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: A. The General Plan Land Use Map designates the subject property as Industrial — Light. The Land Use Element of the General Plan identifies the development of a business park, combined with hotel and commercial uses as the goal for the BIDS Specific Plan area. The concept for the BIDS Specific Plan Land Use Plan was the development of a planned mixed use business park. The BIDS area is developed with a mix of light industrial with office and commercial uses along the northeasterly area. The BIDS Specific Plan identifies a mix of uses permitted and conditionally permitted throughout the four planning areas, including warehousing, manufacturing, research and development, restaurants and gymnasiums. The proposed basketball/volleyball center in conjunction with a restaurant use will add to the mix of uses within the Specific Plan area. B. The proposed uses are allowed within the applicable zoning district subject to approval of a Conditional Use Permit and comply with all other applicable provisions of the Municipal Code. The subject site is located within Planning Area 2 of the BIDS Specific Plan, which permits ice skating, ice hockey, gymnasium and similar sports related facilities in addition to restaurant uses and on-sale and off-sale of alcoholic beverages subject to approval of a Conditional Use Permit. The BIDS Specific Plan area was developed as a planned mixed-use business park with light manufacturing, warehouse and office uses throughout Planning Areas 1 , 2 and 3. The proposed basketball/volleyball center in conjunction with a restaurant use is consistent with the planned mix of uses identified in Table 5-1 of the BIDS Specific Plan. 2 of 8 Resolution 22-09 1709 Apollo Court C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The Seal Beach Municipal Code (SBMC) requires a ratio of 1 (one) parking space per 300 square feet of gross floor area for commercial recreation uses, which results in a minimum requirement of 162 spaces for the proposed use. The subject site is developed with a single light industrial building, consisting of two tenant spaces separated by floor, surrounded by a parking area with 169 stalls. As part of this project, the applicant has a secured a lease agreement with an adjacent property located at 1799 Apollo Way for use of an additional 110 parking spaces increasing the number of available parking during times of peak demand during weekends and special events. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding businesses. The subject site is located in the BIDS Specific Plan Area, which was intended to operate as a planned mixed-use business park. Tenant improvements are proposed for the interior of the tenant space and no additions are proposed on the exterior of the building. The facility will primarily operate as an indoor practice facility for youth sports teams and leagues with periodic league tournament events. The proposed operating hours are from 12 PM to 10 PM Monday through Friday, and 7 AM to 10 PM Saturday and Sunday. The weekday team practice schedules will be set at 2-hour intervals while private training sessions will be scheduled on an hourly basis. The weekday team practice schedule will prevent an overlap between AIM patrons entering the business park and surrounding business employees exiting the business park at the end of the workday, approximately 5 PM for most businesses, and minimizing any parking demands between this project and other tenants. E. The establishment, maintenance, and operation of the proposed basketball and volleyball center use, in conjunction with a restaurant/cafe, as conditioned below, will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed use is an indoor recreation facility; with restaurant/cafe; and all activity will be conducted within the tenant space. No manufacturing of beer shall occur on-site. The activities will be conducted on a fixed weekday schedule with periodic league tournaments on weekends. The applicant will be required to place trash receptacles at the facility's entrances and make regular patrols throughout the parking areas to deter littering and loitering. A lighting plan will be required to ensure sufficient exterior lighting is provided throughout the subject site. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 22-4 to allow a modification to the previously approved Conditional Use Permit allowing for a Type 23 alcohol license in lieu of a Type 41 alcohol license in conjunction with a restaurant/cafe on the subject property, subject to the following conditions: 1. Conditional Use Permit 22-4 is approved to allow a modification to the previously approved Conditional Use Permit allowing for a Type 23 (Small Beer Manufacturer) duplicate alcohol license in lieu of Type 41 (on-sale beer and wine) alcohol license) 3 of 8 Resolution 22-09 1709 Apollo Court in conjunction with the operation of a restaurant/cafe within the premises of an indoor sports facility at 1709 Apollo Court. 2. The applicant shall comply with all restrictions placed upon the duplicate Type 23 license by the State of California Department of Alcoholic Beverage Control. In connection with the City 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 applicant shall furnish the City a copy of the ABC license and a copy of the 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. 4. 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. 5. 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. 6. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not limited to the following topics and skills development: c 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. c 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. Methods of dealing with intoxicated customers and recognizing underage customers. 7. The following organizations provide training programs, which comply with the above criteria: Department of Alcoholic Beverage Control License Education on Alcohol & Drugs (LEAD) Training (657) 205-3533 or Leadinfoca abc.ca.gov Orange County Health Care Agency 4 of 8 Resolution 22-09 1709 Apollo Court Alcohol & drug Education Prevention Team (ADEPT) Serving Alcohol Responsibly (BARCODE) (714) 834-2178 8. Upon submittal for Building Division plan check, the applicant must submit a photometric plan that clearly shows the exterior lighting on the subject site. 9. The premises of the basketball/volleyball center and restaurant/cafe must be in substantial compliance with the project plans submitted with the application and maintained on file with the Community Development Department. 10. The recreational facility hours of operation shall be 12 PM to 10 PM Monday through Friday, and 7 AM to 12 AM Saturday and Sunday. 11. The restaurant/cafe hours of operation shall be 12 PM to 10 PM Monday through Friday, and 7 AM to 12 AM Saturday and Sunday. 12. The alcohol service hours shall be 5 PM to 10 PM Monday through Friday, and 12 PM to 12 AM Saturday and Sunday. 13. All alcoholic beverages sold in conjunction with the on-premises licensed establishment must be consumed entirely within the restaurant portion only. No alcoholic beverage shall be consumed outside of the restaurant/cafe area, in the basketball/volleyball facility, or in the parking lot. In no circumstance shall any alcoholic beverage be passed from patrons inside the restaurant/cafe to any location outside the restaurant/cafe. Open and/or closed containers of alcoholic beverages shall not be permitted outside the restaurant/cafe. 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. No manufacturing of beer or other alcoholic beverages shall occur on the subject property. 14. The applicant shall provide professional uniformed security during hours of alcoholic beverage sales to monitor activity and safeguard the aforementioned condition ensuring alcohol is not consumed or taken outside of the designated area. 15. The establishment must serve a complete menu of food until thirty minutes prior to closing time. 16. Basketball and volleyball league tournament games are prohibited on weekdays. 17. Fixed seating, such as bleachers or similar seating, are prohibited. 18. Private training sessions are prohibited on days scheduled for league tournament games. 19. Building occupancy is limited to 152 occupants during weekdays. 5 of 8 Resolution 22-09 1709 Apollo Court 20. All business activity must be conducted completely within the building. 21. A minimum of 169 on-site parking spaces must remain available for the basketball/volleyball center and restaurant/cafe use. Paid/fee parking is prohibited unless analyzed as a part of the parking demand analysis and found by the Director of Community Development to have no impacts to surrounding uses. 22. The facility shall be allowed amplified music and dancing for sports activities only within the internal confines of the building. Areas that are excluded are within the restaurant/cafe or outside the sports facility area. 23. 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. 24. The applicant shall provide adequate exterior lighting to promote a safe environment for patrons coming and going, to and from, the location's parking lot. 25. The recreation facility must place and maintain two trash cans of 30-gallon size, one at the front entrance of the office area and one just outside of the facility, for patron use. 26. Applicant shall have their staff routinely patrol the parking lot and discourage groups loitering in the parking lot before and after events. 27. A parking monitor must be provided during peak hours and at all weekend league tournaments and special events to ensure vehicles park within the designated areas and assist with maintaining unobstructed accessibility to fire lanes and neighboring utility facilities at all times. 28. A parking monitor must be provided at least 20 minutes before the start of each scheduled weekday team practice time and as needed when new teams begin use of the facility. 29. 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. 30. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license in any manner. b. The establishment proposes to modify any of its current Conditions of Approval. 6 of 8 Resolution 22-09 1709 Apollo Court c. There is a substantial change in the mode or character of operations of the establishment, including but not limited to a change in the approved sport activities. 31 . The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, if harm or operational problems such as criminal or anti-social behavior occur, or any or any violation of the Code of the City of Seal Beach occurs. 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. 32. 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. 33. The applicant shall comply with the recommendations of the Seal Beach Police Department through completion of the through Environmental Design program. 34. The establishment shall have a public telephone listing. 35. Contact information for on-site management must be provided to City Staff upon submittal of a business license application. Any changes in management or phone numbers must be provided to City Staff within 72 hours of change. 36. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause the development of vermin, rodents, or other unsanitary or unhealthy conditions. 37. This CUP shalibecome 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 written request for extension submitted to the Community Development Department a minimum of ninety days prior to such expiration date. 38. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 39. 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 building permit issuance. 40. 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, 7 of 8 Resolution 22-09 1709 Apollo Court 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. 41. Building permits must be obtained for all tenant improvements conducted within the building. 42. Failure to comply with any of these conditions or a substantial change in the mode or character of the establishment shall be grounds for revoking or modifying this CUP approval. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on August 1, 2022, by the following vote: AYES: Commissioners Miller, Massetti, Thomas, Campbell, Klinger NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Miller ATTEST: Chairperson .E� Alexa mit e Planning Commission Secretary 8 of 8