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HomeMy WebLinkAboutPC Res 08-30 - 2008-11-19 RESOLUTION NUMBER 08-30 o~~ 6'~ '4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT NO. 07-7 FOR 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 1. On October 2, 2008, Todd Stahl filed an application for Conditional Use Permit 07-7 (Indefinite Extension) with the Department of Development Services. Section 2. The applicant is requesting an Indefinite Extension of the existing CUP for the on-premise and off-premise sale of beer, wine, and wine accessories at an existing 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. ~ 15301, staff has determined as follows: The application for Conditional Use Permit 07-7 (Indefinite Extension) for the requested land use entitlements at a proposed retail wine store is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Plalming Commission on November 19, 2008, to consider the application for Conditional Use Permit No. 07-7 (Indefinite Extension). At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. the following: The record of the public hearing of November 19,2008, indicates (a) On October 2, 2008, Todd Stahl filed an application for Conditional Use Permit 07-7 (Indefinite Extension) with the Department of Development Services requesting an Indefinite Extension of the existing CUP for the on-premise and off- premise sale of beer, wine, and wine accessories at an existing retail wine store (Winestyles) located in the Shops at Rossmoor at 12205 Seal Beach Boulevard. 10f6 Planning Commission Resolution No. 08-30 Conditional Use Permit 07-7 (Indefinite Extension) 12205 Seal Beach Blvd. (Winestyles) November J 9, 2008 (b) Assessor's Parcel # 086-491-65 The subject property IS described as Orange County (c) The wine store location is approximately 300 feet west of Seal Beach Boulevard and 200 feet north of Rossmoor Center Way, and is approximately 2,128 square feet in area, located in "Building L", which has a total of 31,282 square feet of gross leasable area. NORTH: SOUTH: WEST: EAST: (d) Surrounding land uses and zoning are as follows: 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. The remaining portion of the Shops at Rossmoor in the C-2 General Commercial Zone. A 254-unit town home development in the Residential High Density (RHD) Zone is located west of the shopping center at this location. Across Seal Beach Boulevard is a 75-10t, single family detached home development approved and developed as part of the Old Ranch Towne Center Project in the Residential Medium Density (RMD) Zone with the Old Ranch Towne Center located further to south in the C-2 General Commercial Zone. (e) The wine store use is located in the northern end of "Building L". 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. 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 (Indefinite Extension) 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 service, subject to the issuance of a Conditional Use Permit. 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. 20f6 Planning Commission Resolution No. 08-30 Conditional Use Permit 07-7 (Indefinite Extension) J 2205 Seal Beach Blvd. (Winestyles) Novemberl9,2008 (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 ensures there will be adequate water supply and utilities for the proposed use. (c) 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 (Indefinite Extension), subject to the following conditions: 1. Conditional Use Permit 07-7 (Indefinite Extension) is approved for an approximately 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. 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) and a copy of said approved license shall be filed with the Department of Development Services. 3. 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. 4. 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. 5. 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, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. 30f6 Planning Commission Resolution No. 08-30 Conditional Use Permit 07-7 (Indefinite Extension) 12205 Seal Beach Blvd. (Winestyles) Novemberl9.2008 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. 6. The following organizations provide training programs, which comply with the above criteria: a. Provider: Department of Alcoholic Beverage Control Program: Licensee Education on Alcohol & Drugs (LEAD) Telephone: (714) 558-4101 Date: 1 st 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: Program: Telephone: Cost: 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 7. The hours of operation shall be 10:00 AM to 10:30 PM, seven days a week. 8. 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 9. No video games or similar amusements shall be permitted on the premises. 10. 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. 11. 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. 12. The establishment shall have a public telephone listing. 40f6 Planning Commission Resolution No. 08-30 Conditional Use Permit 07-7 (indefinite Extension) 12205 Seal Beach Blvd. (Winestyles) November 19, 2008 13. 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. 14. 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 provision of additional security measures. 15. 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. 16. 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 mitigate the noise level to comply with the provisions of Chapter 7.15. 17. 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 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. 18. 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. 19. 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. 20. 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. 50f6 Planning Commission Resolution No. 08-30 Conditional Use Permit 07-7 (Indefinite Extension) 12205 Seal Beach Blvd. (Winestyles) Novemberl9,2008 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 the aforementioned conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of November 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, and Massa-lavitt NOES: Commissioners None ABSENT: Commissioners Eager ABSTAIN: Commissioners None rL~ ./ Ellery Deaton Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commission ***** 60f6