HomeMy WebLinkAboutPC Res 08-19 - 2008-07-09
RESOLUTION NUMBER 08-19
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 HEREBY 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 II.B of the City's Local CEQA Guidelines, staff has determined 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. S 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:
\\SBNAS\Users\LWhittenberg\My Documents\RESO\CUP 08-3.302 Main.PC Resolution #2 {7-9-08).doc\LW\07-09-08
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
(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).
(b) The subject property is described as Orange County
assessor's parcel # 043-113-14.
(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 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).
(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 Furnace Board Shop, a skateboard/clothing goods
store.
(e)
from the City:
The subject property has received the following approvals
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 same property as the proposed restaurant.
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 2
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
D 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 uses and zoning are as follows:
D NORTH, SOUTH, EAST and WEST - Retail
businesses in the Main Street Specific Plan (MSSP) zone.
D NORTHEAST - Residential uses in the Residential
High Density (RHO) 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, and approved the Conditional Use
Permit with the condition that beer sales shall be prohibited.
Section 6. After the April 9, 2008 hearing, the City was informed
by ABC that the Type 42 license could not be issued consistent with the
prohibition of beer sales imposed by the Planning Commission.
Section 7. On July 9, 2008, at a duly noticed public hearing, the
Planning Commission reconsidered the application for CUP 08-3 and after
considering all public testimony and comments determined to approve CUP 08-3
to permit beer sales not to exceed ten (10) percent of total alcohol sales.
Section 8. 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
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 3
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
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.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.
(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 of the 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 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.
(b) 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:
(1) 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.
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 4
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
(2) 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.
(3) 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.
(c) 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 1-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.
(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) .
(3) 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 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.
(d) 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:
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 5
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
(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.
(e) The existing use 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: '
(1) The existing wine bar and retail wine store will serve
both residents and visitors of Seal Beach.
(2) The existing wine bar and retail wine store will include
the sale of beer, ale, and other malt beverages not to exceed 10 percent of all
alcohol sales.
(3) The existing wine bar and retail wine store location is
blocked by the mass of the existing 1-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 compatible with the goals and policies of the Main
Street Specific Plan, based on the limitations of the business operation imposed
under the terms of the applicable operating license from the Department of
Alcoholic Beverage Control.
(f) 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 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.
(2) The existing wine bar and retail wine store reinforces
these identified urban design factors specified in the Main Street Specific Plan
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 6
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
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; fa9ade
setbacks; fa9ade width; and appearance of interconnecting buildings.
(3) The existing use of the subject premises as a wine
bar and retail wine store, as conditioned, 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.
(g) 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 9. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 08-3, subject to the following conditions:
1. Conditional Use Permit 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).
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. Beer sales shall not exceed ten percent (10%) of total alcohol sales.
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.
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 7
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
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:
D 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.
D 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.
D 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.
8. The following organizations provide training programs, which comply with
the above criteria:
D Provider: Department of Alcoholic Beveraoe 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
D Provider:
Program:
Telephone:
Date:
Cost:
Oranoe County Health Care Aoency
Alcohol & Drug Education Prevention Team (ADEPT)
Serving Alcohol Responsibly (BARCODE)
(714) 834-2860 * Karen Keay
They will schedule appointments
$12.95 per person
9. The hours of operation shall be:
o Noon to 7 PM Tuesday through Thursday;
o 11 AM to 7 PM on Friday and Saturday, and
o 1 PM to 5 PM on Sunday.
o Hours for private wine tasting, for a maximum of 20 persons, shall
be 7 PM to 10 PM, no more than 3 times p.er 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.
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 8
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
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 determines 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 in 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 right 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.
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
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 9
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
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 term of this permit shall be twelve (12) months from the date of ABC
approval of the new Type 42 license. Prior to the end of the initial term, 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 on 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 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, 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.
22. Failure to comply with any of these conditions may result in revocation of
this Conditional Use Permit.
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 10
Planning Commission Resolution 08-19
Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
July 9, 2008
PASSED, APPROVED AND ADOPTED by the Planning Commission of
the City of Seal Beach at a meeting thereof held on the 9th day of July, 2008, by
the following vote:
AYES: Commissioners
Bello, Deaton, DeLay, Eager, and Massa-Lavitt
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
A~/~h,~~
~nery Deaton
Chair of the Planning Commission
CUP 08-3.302 Main.PC Resolution #2 (7-9-08) 11