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HomeMy WebLinkAboutPC Res 07-31 - 2007-05-23 RESOLUTION NUMBER 07-31 OR/6'/~ '4(' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 07-7, APPROVING THE ON-PREMISE AND OFF- PREMISE SALE OF BEER, WINE, AND WINE ACCESSORIES AT A RETAIL WINE STORE AT 12205 SEAL BEACH BOULEVARD (WINESTYLES) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On April 18, 2007, Todd Stahl filed an application for Conditional Use Pemlit 07-7 with the Department of Development Services. Section 2. The applicant is requesting approval to pennit the on-premise and off-premise sale of beer, wine, and wine accessories at a new retail wine store (Winestyles) to be located in the Shops at Rossmoor at 12205 Seal Beach Boulevard. Section 3. Pursuant to 14 Calif. Code of Regs. 9 15301, staff has determined as follows: The application for Conditional Use Permit 07-7 for the requested land use entitlements at a proposed retail wine store is categorically exempt from review pursuant to the Califomia Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Plamling Commission on May 23,2007, to consider the application for Conditional Use Permit No. 07-7. At the public hearing the Plamling Commission received written and oral evidence on the proposed proj ect. Section 5. The record of the public hearing of May 23, 2007 indicates the following: a. On April 18, 2007, Todd Stahl filed an application for Conditional Use Permit 07-7 with the Department of Development Services requesting approval to permit the on-premise and off-premise sale of beer, wine, and wine accessories at a new retail wine store (Winestyles) to be located in the Shops at Rossmoor at 12205 Seal Beach Boulevard. b. The subject property is located in the Shops at Rossmoor development, located west of Seal Beach Blvd. and north of Rossmoor Center Way. The proposed retail wine store is north of the "Parasol" structure, which is to be renovated for a "Mel's Diner" restaurant. Page 1 of7 Planning Commission Resolution No. 07-31 Conditional Use Permit 07-7 - 12205 Seal Beach Blvd. (Winestyle~) May 23, 2007 c. The proposed retail wine store location is approximately 300 feet west of Seal Beach Boulevard alld 200 feet north of Rossmoor Center Way, and is proposed to be 2,128 square feet in area, located in "Building L", which has a total of 31,282 square feet of gross leasable area. These buildings are currently under construction. d. Surrounding land uses and zoning are as follows: NORTH: To the north of the subject lease space are additional lease spaces within the Shops at Rossmoor, in the C-2, General Commercial Zone. Further north is a 184 unit town home development in the unincorporated community of Rossmoor. SOUTH: The remaining portion of the Shops at Rossmoor, 111 the C-2, General Commercial Zone. WEST: A 254-unit townhome development in the RHD, Residential High Density Zone is located west of the shopping center at this location. EAST: Across Seal Beach Boulevard is a 75-lot, single family detached home development approved and developed as part of the Old Ranch Towne Center Project in the RMD Zone with the Old Ranch Towne Center located further to south, in the C-2, General Commercial Zone. e. The proposed retail wine store use comprises 2,128 square feet and is located in the northern end of "Building L" which is cun'ently under construction. Building L is oriented in a north-south configuration, and is approximately 300 feet west of Seal Beach Boulevard. The structure is approximately 75 feet from the north property line, with a 24- foot wide service drive and 8-foot high block wall separating the rear of the building from the adjoining residential townhome development. f. As a result of the current construction activity at the Shops at Rossmoor retail center, the following on-premise and off-.premise alcohol sales approved business locations have been eliminated: PREVIOUS ALCOHOL LICENSES IN PROJECT AREA Address Business Name Type of ABC Conditional Use License Permit Case No. 12101 Seal Beach Boulevard Carriage Trade Liquor 21 2-90 12147 Seal Beach Boulevard Yucatan Grill 41 97-1 12149 Seal Beach Boulevard Davio's 41 82-3 12161 Seal Beach Boulevard Champ's 41 86-10 12235 Seal Beach Boulevard The Fit Stop 41 93-10 Page 2 of7 Planning Commission Resolution No. 07-31 Conditional Use Peril/it 07-7 - 12205 Seal Beach Blvd. (Willestyles) May 23, 2007 12241 Seal Beach Boulevard Parasol 41 96-2 12309 Seal Beach Boulevard Panda Panda 47 88-8 12311 Seal Beach Boulevard Brunswick Rossmoor Bowl 47 92-15 12331 Seal Beach Boulevard Rite Aide 21 02-9 Note: A "21" license is an off-premise sales license. A "41" license is an on-premise beer and wine license, and a "47" license is a distilled spirits license. Section 6. Based upon the facts contained in the record, including those stated in 95 of this resolution and pursuant to 99 28-1300, 28-2504-2508 of the City's Code, the Planning Commission makes the following findings: a. CUP No. 07-7 is consistent with the provisions ofthe Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits alcohol sales and outdoor dining areas subject to the issuance of a Conditional Use Pennit. The use as a retail wine store with on-premise and off-premise beer, wine, and wine accessory sales is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. The building and property at the Shops at Rossmoor are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. c. The subject al"ea of the Shops at Rossmoor had previously been approved for 7 on-premise alcohol sale uses and 2 off-premise alcohol sales locations which have been demolished as part of the reconstruction of this portion of the shopping center. This request will re-establish the third of those previously existing on-sale license approvals and the first of those previously existing off-sale license approvals. d. The requested retail wine store with on-premise and off- premise beer, wine, and wine accessory sales, if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach would mitigate any negative impacts to neighboring residential properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 07-7, subject to the following conditions: 1. Conditional Use Permit 07-7 is approved for a 2,128 square foot retail wine store with Department of Alcoholic Beverage Control (ABC) License Types 20, Off-premise sale of beer and wine (package store), and 42, On-premise sale of beer and wine - Public Premises, at 12205 Seal Beach Boulevard. Page 3 of7 Planning Commission Resolution No. 07-31 Conditional Use Permit 07-7 - 12205 Seal Beach Blvd. (Winestyle5) May 23. 2007 2. All construction shall be in substantial compliance with the plans submitted as a part of the application and dated April 18, 2007. 3. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC) and a copy of said approved license shall be filed with the Department of Development Services as soon as the license is received by the applicant from ABC. 4. All alcoholic beverages sold in conjunction with the on-premise-licensed establishment must be consumed entirely on the premises prior to closing time. None shall be sold as take-out. Consumption of alcoholic beverages is prohibited in the establishment's parking area or any adjoining non-approved seating areas. There shall be posting of signs both inside and outside the licensed premises indicating that law prohibits drinking outside the licensed premises. 5. 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 Cali fomi a law. 6. 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. b. The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons, who may subsequently injure, kill, hann themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. c. Alcohol as a dmg 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. 7. The following organizations provide training programs, which comply with the above cri teria: a. Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: 15l Monday of each month Time: 10:00 a.m. to 1 :00 p.m. Cost: Free Place: ABC, 28 Civic Center Plaza, Room 369 Santa Ana b. Provider: Orange County Health Care Agency Alcohol & Drug Education Prevention Team (ADEPT) Page 4 of7 Planning Commission Resolution No. 07-31 Conditional Use Permit 07-7 - 12205 Seal Beach Blvd. (Winestyles) May 23, 2007 Telephone: Cost: Califomia Coordinating Council for Responsible Beverage Service (C3RBS) (714) 834-2860 * Karen Keay $12.00 per person * Tax Deductible Program: For special events training c. Provider: ProgralTI: Telephone: Cost: Orange County Health Care Agency Project Path (714) 895-9088 * Irene Glenday Free 8. The hours of operation shall be 10:00 AM to 10:30 PM, seven days a week. 9. No commercial deliveries or trash disposal activities may occur in association with the operation of this business facility between the hours of 10:00 P.M. and 7:00 A.M 10. No video galTIes or similar amusements shall be pemlitted on the premises. 11. 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 commercial areas. 12. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Director of Development Services. 13. The establishment shall have a public telephone listing. 14. Litter alld trash receptacles shall he 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 11 :00 p.m. and 7:00 a.m. 15. In the event staff detennines security problems exist on the site, the Conditions of this pennit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 16. There shall be no live entertainment, amplified music, or dancing pemlitted on the premises at any time, unless specifically authorized by a Conditional Use Pennit issued by the City and unless such uses are consistent with the license conditions imposed by ABC or a Special Activities permit is issued to the applicant by the City. 17. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code, as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, Page 5 of7 Planning Commission Resolution No. 07-31 Conditional Use Permit 07-7 - 12205 Seal Beach Blvd. (Winestyles) May 23. 2007 the Planning Commission reserves the right to schedule this pennit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 18. A modification ofthis 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. 19. The Planning Commission reserves the right to revoke or modify this Conditional Use Pennit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if halm 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. 20. This Conditional Use Pennit shall become null and void unless exercised within I 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 Department of Development Services a minimum of90 days prior to such expiration date. 21. 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 alld retumed to the Planning Department; and until the 10 calendar-day appeal period has elapsed. 22. The tenn of this permit shall be 12 months. At the end of the initial teml, the applicant may apply to the City for an extension of Conditional Use Pennit 07-11 The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite pemlit. 23. The applicant shall indemnify, defend and hold hamlless 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 perfonnance of the use permitted hereby or the exercise of the rights grallted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights pennitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, fiml, 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, Page 6 of7 Planning Commission Resolution No. 07-31 Conditional Use Permit 07-7 - /2205 Seal Beach Blvd. (Winestyles) May 23. 2007 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day of May 2007 by the following vote: AYES: Commissioners Deaton, Bello, Massa-Lavitt, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None d"<'-k.{.Laj;).II~ ./ I Ellery Deaton Chairperson, Planning Commission #~ ee WhIttenberg Secretary, Planning Commission **** Page 7 of7