HomeMy WebLinkAboutPC Res 07-55 - 2007-09-19
RESOLUTION NUMBER 07-55
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 07-11 FOR THE
ON-PREMISE SALE OF BEER AND WINE AT A
RETAIL DELICATESSEN AND SPECIALTY FOODS
STORE AT 12430 SEAL BEACH BOULEVARD
(SANTA FE IMPORTERS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On August 17, 2007, Vincent Passanisi filed an application for
Conditional Use Permit 07-11 with the Department of Development Services.
Section 2. The applicant is requesting approval to permit the on-premise sale
of beer and wine at a retail delicatessen and specialty foods store (Santa Fe Importers) to be
located in the Old Ranch Town Center at 12430 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 07-11 for the requested land use
entitlements at a proposed retail delicatessen and specialty foods store is categorically exempt
from review pursuant to the California Environmenta 1 Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on September 19, 2007, to consider the application for Conditional Use Permit No.
07 -11. At the public hearing the Planning Commission received written and oral evidence on the
proposed proj ect.
Section 5.
the following:
The record of the public hearing of September 19, 2007 indicates
(a) On August 17, 2007, Vincent Passanisi filed an application
for Conditional Use Permit 07-11 with the Department of Development Services requesting
approval to permit the on-premise sale of beer and wine at a retail delicatessen and specialty
foods store (Santa Fe l1nporters) to be located in the Old Ranch Town Center at 12430 Seal
Beach Boulevard.
(b) The subject property is located in the Old Ranch Town
Center development, located east of Seal Beach Blvd.
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Planning Commission Resolution No. 07-55
Conditional Use Permlt 07-11
12430 Seal Beach Blvd. (Santa Fe Importers)
September 19, 2007
(c) Surrounding land uses and zoning are as follows:
NORTH:
To the north of the subject lease space are additional lease spaces within
the Old Ranch Town Center, in the C-2, General Commercial Zone.
Further north are residential properties within the City of Seal Beach and
City of Los Alamitos.
SOUTH:
Additional lease spaces within the Old Ranch Town Center in the C-2,
General Commercial Zone; Old Ranch Country Club Golf Course.
WEST:
Commercial/Retail lease spaces within the Shops at Rossmoor comlnercial
development.
EAST:
Additional lease spaces within the Old Ranch Towne Center in the C-2,
General Commercial Zone; Old Ranch Country Club Golf Course.
The proposed retail wine store use comprises 1,730 square feet and is located on the western side
of the Old Ranch Town Center, adjacent to Starbucks Coffee and Jamba Juice.
Based on current obtained from the Department of Alcoholic Beverage Control (ABC), the list of
existing alcohol licenses within the general vicinity of the existing business are as follows:
EXISTING ALCOHOL LICENSES WITHIN CENSUS TRACT 1100.12
Address Business Name Type of Conditional
ABC Use Permit
License Case Number
3900 Lampson Avenue Seal Beach Tennis Center 41 05-2
3901 Lampson Avenue Old Ranch Country Club 57 92-14
12300 Seal Beach Boulevard Target 20 03-4
12320 Seal Beach Boulevard Islands Restaurant 47 01-12
12380 Seal Beach Boulevard Romano's Macaroni Grill 47 02-2
12420 Seal Beach Boulevard Rubio's Baja Grill 41 01-16
12470 Seal Beach Boulevard Ralph's Supermarket 21 00-9
12490 Seal Beach Boulevard CVS Pharmacy 21 99-5
12850 Seal Beach Boulevard Ayres Hotel 70 02-10
License Types:
TyPe 20: Off Sale Beer and Wine- (Package Store) AuthorIzes the sale of beer and wine for
consumption off the premises where sold. Minors are allowed on the premIses.
Type 21: Off Sale General- (Package Store) Authorizes the sale of beer, wine, and distIlled
spirits for consumption off the premises where sold. Minors are allowed on the
premIses.
20f7
Planning Commission Resolution No. 07-55
Conditional Use Permit 07-11
12430 Seal Beach Blvd. (Santa Fe Importer5)
September 19,2007
Type 41: On Sale Beer & Wine - Eating Place- (Restaurant) Authorizes the sale of beer and
wine for consumptIOn on or off the premises where sold. Must operate and maintain
the licensed premises as a bona fide eating place. Must make actual and substantial
sales of meals, during the normallneal hours that they are open, at least fIve days a
week. Minors are allowed on the premises.
Type 47: On Sale General- Eating Place- (Restaurant) Authonzes the sale of beer, wine, and
distilled spirits for consumption on the licensed premises. Authonzes the sale of beer
and wine for consumption off the lIcensed premises. Must operate and maintain the
licensed premises as a bona fide eating place. Must make actual and substantIal sales
of meals, during the normal meal hours that they are open, at least five days a week.
Minors are allowed on the premises.
Type 57: Special On Sale General- Generally issued to certain organizations who cannot
qualIfy for club licenses. Authonzes the sale of beer, wine, and distilled spints, to
luembers and guests only, for consumption on the premises where sold. Authonzes
the sale of beer and wine, to members and guests only, for consumption off the
lIcensed premIses. Food service is not required. Minors are allowed on the premIses.
Type 70: On Sale General - Restrictive Service- Authonzes the sale or furnIshmg of beer,
wine, and distilled spirits for consumption on the premises to the establishment's
overnight transient occupancy guests or their invitees. This license is normally
issued to "suite-type" hotels and motels, which exercise the license privileges for
guests' "complimentary" happy hour. Minors are allowed on the premIses.
Section 6. Based upon the facts contained in the record, including those stated
in 95 of this resolution and pursuant to 99 28-1300; 28-2503 to 2508 of the City's Code, the
Planning Commission makes the following findings:
(a) CUP No. 07-11 is consistent with the provisions of the
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 Permit. The use as a retail delicatessen and specialty foods
store with on-premise beer and wine 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 Old Ranch Town Center
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 ensures there will be
adequate water sllpply and utilities for the proposed use.
(c) The requested retail delicatessen and specialty foods store
with on-premise beer and wine 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.
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Planning Commission Resolution No. 07-55
Conditional Use Permit 07-11
12430 Seal Beach Blvd (Santa Fe Importers)
September 19, 2007
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 07-11, subject to the following conditions:
1. Conditional Use Permit 07-11 is approved for a 1,730 square foot retail delicatessen and
specialty foods store with Department of Alcoholic Beverage Control (ABC) License
Type 41, On-premise sale of beer and wine - Eating Place, at 12430 Seal Beach
Boulevard.
2. All construction shall be in substantial compliance with the plans submitted as a part of
the application and dated August 17, 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, except where the
establishment's license provides for off-premise sales. 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 California 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 inj ure, 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.
d. Methods of dealing with intoxicated customers and recognizing under age
customers.
7. The following organizations provide training programs, which comply with the above
cn teria:
a. Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
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b.
Telephone:
Date:
Time:
Cost:
Place:
Provider:
Program:
Telephone:
Cost:
Planning Commission Resolutwn No. 07-55
Conditional Use PermIt 07-11
12430 Seal Beach Blvd. (Santa Fe Importers)
September 19, 2007
(714) 558-4101
1 st Monday of each month
10:00 a.m. to 1 :00 p.m.
Free
ABC, 28 Civic Center Plaza, Room 369 Santa Ana
Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
California Coordinating Council for Responsible Beverage Service
(C3RBS)
(714) 834-2860 * Karen Keay
$12.00 per person * Tax Deductible
For special events training
c.
Provider:
Program:
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 9:00 PM, Monday to Saturday; 11 :00 AM to
7:00 PM Saturday.
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 games or similar amusements shall be permitted 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 and trash receptacles shall be 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 10:00 p.m. and 7:00
a.m.
15. In the event staff determines security problems exist on the site, the Conditions of this
permit may be mnended, under the procedures of The Code of the City of Seal Beach, to
require the provision of additional security measures.
50f7
Planning Commlssion Resolution No. 07-55
Conditional Use Permit 07-11
/2430 Seal Beach Blvd. (Santa Fe Importers)
September /9, 2007
16. There shall be no live entertainment, amplified music, or dancing permitted on the
premises at any time, unless specifically authorized by a Conditional Use Permit 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,
the Planning Commission reserves the right to schedule this permit for reconsideration
and may require the applicant/business operator to n1itigate the noise level to comply
with the provisions of Chapter 7.15.
18. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to change its type of liquor license.
b. The establishlnent 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
Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm 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 Permit shall become null and void unless exercised within 1 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 of 90 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 and returned to the Planning
Department; and until the 10 calendar-day appeal period has elapsed.
22. The term of this permit shall be 12 months. At the end of the initial term, the applicant
may apply to the City for an extension of Conditional Use Permit 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 permit.
23. 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
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Planning Commisszo1'l Resolution No 07-55
Conditwnal Use Permit 07-//
/2430 Seal Beach Blvd. (Santa Fe Importer5)
September /9, 2007
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 Planning Commission of the City of Seal Beach
at a meeting thereof held on the 19th day of September 2007 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, and Roberts
NOES: Commissioners None
ABSENT: Commissioners Massa-lavitt
ABSTAIN: Cornmissioners None
P::JA~JJL~
llery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commission
*****
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