HomeMy WebLinkAboutPC Res 08-09 - 2006-04-23
RESOLUTION NUMBER 08-9
OR/Ch
/114 (
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 08-3 FOR A TYPE 42
ABC LICENSE (ON-SALE BEER AND WINE -
PUBLIC PREMISES) AS APPROVED BY THE
STATE OF CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL, FOR AN
EXISTING RETAIL WINE STORE AT 302 MAIN
STREET (VINO VOYAGE).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREB Y FIND AND RESOLVE:
Section 1. On February 28, 2008, Randy Maddix filed an application for
Conditional Use Permit 08-3 with the Department of Development Services.
Section 2. The applicant is requesting approval to allow a Type 42 ABC
license (On-sale beer and wine - public premises) at 302 Main Street (Vino Voyage).
Section 3. Pursuant to 14 Calif. Code of Regs. 9 15301 and 9 Il.B of the
City's Local CEQA Guidelines, staff has detemlined as follows: The application for CUP 08-3
for the requested land use entitlements for the proposed use is categorically exempt from review
pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9
15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor
alteration in land use limitation and does not involve either a property in excess of 20% slope or
a change in land use or density.
Section 4. A duly noticed public hearing was held before the Planning
Commission on April 9, 2008, to consider the application for Conditional Use Permit 08-3. At
the public hearing, the Planning Commission received written and oral evidence on the proposed
project.
Section 5.
The record of the public hearing of April 9, 2008 indicates the
following:
(a) On February 28, 2008, Randy Maddix filed an application
with the Department of Development Services for Conditional Use Permit 08-3, requesting
approval to allow a Type 42 ABC license (On-sale beer and wine - public premises) at 302 Main
Street (Vino Voyage).
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Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
(b)
Assessor's Parcel # 043-113-14.
The subject property IS described as Orange County
(c) The existing wine store area is 1,865 square feet in size and
is proposed to accommodate approximately 23 seats at tables and an additional 11 seats at a wine
tasting bar area located along the north em interior wall of the wine store. The main retail and
tasting area comprises the front 40 feet ofthe building space. The restroom, storage, and cleanup
areas are proposed to be located in the rear 28 feet of the subject building space and occupy
approximately 800 square feet, leaving approximately 1,065 square feet of sale, display and
tasting location area (57% of the building area).
(d) The subject property is a trapezoidal shaped property
having 110 feet of frontage on Main Street and 78 feet of frontage along the City-owned parking
lot that is located to the south of the subject property, containing approximately 8,362 square
feet. The subject tenant space has 29 feet of frontage along Main Street. The property is
developed with existing single-story retail buildings that contains a total of approximately 6,500
square feet of leasable space, including the 1,865 square foot wine store, a 1,500 square foot
mattress sales store, the existing 1,500 square foot Abbey Restaurant, and the existing 1,500
square foot Fumace Board Shop, a skateboard/clothing goods store.
(e) The subject property has received the following approvals
from the City:
o CUP 06-2 was approved by the Planning
Commission on January 18, 2006, for a retail wine store offering wine sales, tasting, and
personalized, private labeled wine produced on the premises. An Indefinite Extension for CUP
06-2 was approved by the Planning Commission on June 20, 2007.
o CUP 05-14 was approved by the Planning
Commission on December 7, 2005 for a restaurant at this same location without the ability to
offer alcohol with food service, and that applicant has determined to not proceed with the project
as approved by the Planning Commission.
o CUP 73-10, CUP 75-2, CUP 78-17, and CUP 80-4
were all approved by the Planning Commission for on sale beer and wine licenses in conjunction
with the operation of the Mandarin Garden Restaurant, now The Abbey, at 306 Main Street, by
the adoption of Planning Commission Resolutions 791,897,1169, and 1204 respectively. This
business is located on the sanle property as the proposed restaurant.
o Minor Plan Reviews 67-16, 73-9, 73-13, and 76-21
were all approved by the Planning Commission for various sign requests for the subject property
affecting all of the various business operators, by the adoption of Planning Commission
Resolutions 177, 770, 801, and 1032 respectively
(f) The nearest residential property is located to the northeast
of the property, across the alley to the rear of the subject property and easterly of the Main Street
alley, approximately 100 feet from the subject premises.
(g) The surrounding land llses and zoning are as follows:
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Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
NORTH, SOUTH,
EAST and WEST
Retail businesses in the Main Street Specific Plan (MSSP) Zone.
NORTHEAST
Residential uses in the Residential High Density (RHD) Zone.
(h) Sergeant Tim Olsen with the Seal Beach Police Department
has reviewed the application and has no reservations or concerns regarding the subject requests.
(i) At the Planning Commission hearing, the Commission
received public testimony and comments, which are reflected in the project conditions.
Section 6. Based upon the facts contained in the record, including those stated
in 94 of this resolution and pursuant to 99 18-1250,28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 08-3, as proposed to be conditioned
relating to business operations regarding alcohol sales, and the prohibition of the sale of beer,
ale, and other malt beverages, is consistent with the provisions of the Land Use Element of the
City's General Plan, which provides a Main Street Specific Plan zoning designation for the
subject property and permits the on-premise and off-premise sale of wine, subject to the issuance
of a conditional use permit. The use 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 based on the
following:
(1) The existing wine bar and retail wine store is a
positive addition to the commercial character of Main Street, provides services to the residents of
the community and visitors to the City, while providing an additional retail sales option on Main
Street.
(2) The existing wine bar and retail wine store is in
conformance with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o Provision of transparent storefronts with vIews into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(3) The existing wine bar and retail wine store
reinforces the above identified urban design factors specified in the Main Street Specific Plan
and further complies with the provisions of Section 28-1253.A.l, 28-1253.AA, and Section 28-
1253.A.6., which discusses transparency of store fronts; fayade setbacks, and fayade width and
appearance of interconnecting buildings.
3 of 10
Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23. 2008
(4) The existing wine bar and retail wine store area of
1,865 square feet requires the provision of 2 additional off-street parking spaces, or the payment
of an additional in-lieu parking fee of $3,500.00 per space in accordance with the provisions of
Section 28-1256 ofthe Main Street Specific Plan Zone standards. The total 'in-lieu" fee that will
be required to be paid for the new wine bar and retail wine store use is $7,000.00.
(5) The existing use of the subject premises as a wine
bar and retail wine store is compatible with the sUlTounding neighborhood given the existing
concentration of alcohol licenses within the "Old Town" area of the City, as set forth in the
Planning Commission Staff Report.
(6) The existing use, as conditioned regarding business
operations by the City and by the State Department of Alcoholic Beverage Control, is consistent
with the intent and purpose and vision established for the Main Street Specific Plan based on the
following:
(b) The provision of a wine bar and retail wine store is in
conformance with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o Provision of transparent storefronts with VIews into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(c) The existing wine bar and retail wine store reinforces these
identified urban design factors specified in the Main Street Specific Plan and further complies
with the provisions of Section 28-1253.A.1, 28-1253.A.4, and Section 28-1253.A.6., which
discusses transparency of store fronts; fayade setbacks; and fayade width and appearance of
interconnecting buildings.
(d) The existing wine bar and retail wine store is located within
a Census Tract, 995.12, that has been identified by the State Department of Alcoholic beverage
Control as being over-concentrated. The issuance of a Type 42 (On-sale beer and wine - public
premises) license by the Department of Alcoholic Beverage Control is compatible with the goals
and policies of the Main Street Specific Plan, based on the limitations of the applicable operating
license from the Department of Alcoholic Beverage Control.
(e) The building and property at 302 Main St. are adequate in
size, shape, topography and location to meet the needs of the proposed use of the property, as
proposed to be conditioned based on the following:
(1) The existing wine bar and retail wine store location
is blocked by the mass of the existing I-story and 2-story commercial buildings located adjacent
4 of 10
Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
to the subject property and therefore noise impacts to the residential neighborhood to the east
would not be expected to be adverse from the business functions.
(2) The existing wine bar and retail wine store area is
1,865 square feet in size and accommodates approximately 23 seats at tables and an additional 11
seats at a wine tasting bar area located along the northern interior wall of the wine store. The
main retail and tasting area comprises the front 40 feet of the building space. The restroom,
storage, and cleanup areas are proposed to be located in the rear 28 feet of the subject building
space and occupy approximately 800 square feet, leaving approximately 1,065 square feet of
sale, display and tasting location area (57% of the building area).
(f) The subject property is a trapezoidal shaped property
having 110 feet of frontage on Main Street and 78 feet of frontage along the City-owned parking
lot that is located to the south of the subject property, containing approximately 8,362 square
feet. The subject tenant space has 29 feet of frontage along Main Street. The propeliy is
developed with existing single-story retail buildings that contains a total of approximately 6,500
square feet ofleasable space, including the existing 1,865 square foot wine store, a 1,500 square
foot mattress sales store, the existing 1,500 square foot Abbey Restaurant, and the existing 1,500
square foot Furnace Board Shop, a skateboarding/clothing goods store.
(g) Required adherence to applicable building and fire codes
ensures there will be adequate water supply and utilities for the proposed use based on the
following:
(1) The existing wine bar and retail wine store is
required to comply with all standard building, fire, and health code provisions for the proposed
uses of the subject property.
(2) The applicants will be required to pay the required
in-lieu parking fee of $7,000.00 in accordance with the provisions of Section 28-1256 prior to
granting of the CUP Indefinite Extension for the existing wine bar and retail wine store.
(h) The existing lIse does not conflict with the Specific Plan's
goal to establish and maintain a balanced mix of uses that serve the needs of both local and non-
local populations based on the following:
(l) The existing wine bar and retail wme store will
serve both residents and visitors of Seal Beach.
(2) The existing wme bar and retail wine store will
exclude the sale of beer, ale, and other malt beverages.
(3) The existing wine bar and retail wine store location
is blocked by the mass of the existing I-story and 2-story commercial buildings located adjacent
to the subject property and therefore noise impacts to the residential neighborhood to the east
would not be expected to be adverse from the business functions.
(4) The existing wine bar and retail wine store is
located within a Census Tract, 995.12, that has been identified by the State Department of
Alcoholic Beverage Control as being over-concentrated. The issuance of a Type 42 (On-sale
beer and wine - public premises) license by the Department of Alcoholic Beverage Control is
5 of 10
Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
compatible with the goals and policies of the Main Street Specific Plan, based on the limitations
of the business operation imposed under the tenns of the applicable operating license from the
Department of Alcoholic Beverage Control.
(i) The use will contribute to the unique character of Main
Street and the qualities that provide Main Street a sense of identity based on the following:
(1) The existing wine bar and retail wine store will
comply with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o Provision of transparent storefTonts with views into shops, offices,
and restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(2) The existing wine bar and retai I wine store
reinforces these identified urban design factors specified in the Main Street Specific Plan and
further complies with the provisions of Section 28-1253 .A.1, 28-1253.A.4, and Section 28-
1253.A.6., which discusses transparency of store fronts; fayade setbacks; fayade width; and
appearance of interconnecting bui Idings.
(3) The existing use of the subject premises as a wine
bar and retail wine store is compatible with the surrounding neighborhood given the existing
concentration of alcohol licenses within the "Old Town" area of the City, as set forth in the
Planning Commission Staff Report.
CD The existing use complies with all applicable City Council
Policies, such as the policies the Council has adopted concerning alcohol uses based on the
following:
(1) The existing wine store is conditioned for approval
utilizing all applicable standard conditions adopted by City Council Policy 600-1, on February
22, 1993.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 08-3, subject to the following conditions:
1. Conditional Use Pernlit 08-3 is approved for a Type 42 ABC License (On-sale beer and
wine - public premises) as approved by the State of California Department of Alcoholic
Beverage Control. Said license shall not allow for a bona fide eating place on said
premIses.
2. The applicant shall comply with all restrictions placed on the license issued by the State
of California's Department of Alcoholic Beverage Control (ABC).
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Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
3. All alcoholic beverages sold or consumed on the premises shall be in accordance with the
license terms of the Alcohol Sales License issued by the State of California Department
of Alcoholic Beverage Sales. Consumption of alcoholic beverages is prohibited outside
the establishment's enclosed building space. There shall be posting of signs both inside
and outside the licensed premises indicating that law prohibits drinking outside the
licensed premises.
4. The sale of beer, ale, or any type of malt beverage on the premises is prohibited.
5. Food served in conjunction with the business operation shall be limited to
appetizers/snacks/finger foods. Entree-type food shall be prohibited.
6. 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.
7. The knowledge and skills deemed necessary for responsible alcoholic beverage service
shall include, but not be limited to the following topics and skills development:
o State law relating to alcoholic beverages, paliicularly 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.
o 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.
o Alcohol as a dmg and its effects on the body a11d behavior, including the operation of
motor vehicles.
o Methods of dealing with intoxicated customers and recognizing under age customers.
8. The following organizations provide training programs, which comply with the above
criteria:
o Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558-4101
Date: 1 stt Monday of each month
Time: 10:00 a.m. to 1:30 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Santa Ana
Program:
Telephone:
Date:
Cost:
Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$12.95 per person
o Provider:
9. The hours of operation shall be:
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Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
o Noon to 7 p.m. Tuesday through Thursday;
o 11 a.m. to 7 p.m. on Friday and Saturday, and
o 1 p.m. to 5 p.m. on Sunday.
o Hours for private wine tasting, for a maximum of 20 persons, shall be 7 p.m. to 10
p.m., no more than 3 times per week.
10. No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use.
11. 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.
12. In the event staff detennines security problems exist on the site, the Conditions of this
permit may be amended, under the procedures of The Code of the City of Seal Beach, to
require the provisions of additional security measures.
13. The project proponent shall pay the required in-lieu parking fee of $ 7,000.00 III
accordance with the provisions of Section 28-1256 prior to granting CUP 08-3.
14. The establishment shall comply with Chapter 7.15, "Noise Control", of The Code of the
City of Seal Beach 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 fight to schedule the subject CUP for
reconsideration and may require the applicant/operator to mitigate the noise level to
comply with the provisions of Chapter 7.15.
15. This CUP 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 ten (10) calendar-day appeal period has elapsed.
16. A modification of this CUP 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.
17. The Planning Commission reserves the right to revoke or modify this CUP 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.
8 of 10
Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
18. This CUP shall become null and void unless exercised within one (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 ninety (90) days prior to such expiration date.
19. The tenn of this pemlit shall be twelve (12) months from the date of ABC approval of the
new Type 42 license. Prior to the end of the initial teml, at a period of six (6) months
after the date of ABC approval of the new Type 42 license, Staff shall review the
operation of the business for CUP compliance and any police requests for service and
report back to the Planning Commission or:. its findings. At the end of the initial twelve
(12) month term, the applicant may apply for an indefinite extension of CUP 08-3. The
Planning Commission may grant an indefinite extension, provided that all of the
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 paid to the City prior to consideration of an indefinite extension.
20. 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.
21. The applicant shall indemnify, defend and hold harnlless City, its officers, agents and
employees (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occun-ing or resulting to any and all persons, firms, or corporations furnishing
or supplying work, services, materials, or supplies in connection with the perfomlance of
the use pennitted 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, firnl, corporation or property for damage, injury or
death arising out of or connected with the perfonnance of the use permitted hereby.
Applicant's obligation to indemnify, defend and hold harnlless the City as stated herein
shall include, but not be limited to, paying all fees and costs incun-ed 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 Plalming Commission of the City of Seal Beach
at a meeting thereof held on the 23rd day of April 2008 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
9 of 10
Lee Whittenberg
Secretary, Planning Commission
Planning Commission Resolution No. 08-9
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
April 23, 2008
L'1aAd~
/ Ellery Deaton
Chairperson, Planning Commission
*****
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