HomeMy WebLinkAboutPC Res 08-33 - 2008-12-03
RESOLUTION NUMBER 08-33
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 07-11 FOR THE ON-PREMISE AND
OFF-PREMISE SALE OF BEER AND WINE AT A
RETAIL DELICATESSEN AND SPECIALTY FOODS
STORE AT 12430-B SEAL BEACH BOULEVARD
(SANTA FE IMPORTERS)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On October 23, 2008, Vincent Passanisi filed an application for
Conditional Use Permit 07-11 (Indefinite Extension) with the Department of Development
Services.
Section 2. The applicant is requesting the Indefinite Extension of CUP 07-11
for the on-premise and off-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. ~ 15301, staff has determined
as follows: The application for Conditional Use Permit 07-11 (Indefinite Extension) for the
requested land use entitlements at a proposed retail delicatessen and specialty foods store is
categorically exempt from review pursuant to the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on December 3, 2008, to consider the application for Conditional Use Permit No.
07-11 (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 December 3, 2008, indicates
(a) On October 23, 2008, Vincent Passanisi filed an application
for Conditional Use Permit 07-11 (Indefinite Extension) with the Department of Development
Services requesting an Indefinite Extension of CUP 07-11 for the on-premise and off-premise
sale of beer and wine at a retail delicatessen and specialty foods store (Santa Fe Importers) at
12430 Seal Beach Boulevard.
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Planning Commission Resolution No. 08-33
Conditional Use Permit 07-i I (Indefinite Extension)
12430-B Seal Beach Blvd. (Santa Fe importer:;)
December 3, 2008
(b) The subject property is located in the Old Ranch Town
Center development, located east of Seal Beach Blvd.
(c) Surrounding land uses and zoning are as follows:
NORTH:
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:
CommerciallRetaillease spaces within the Shops at Rossmoor commercial
development.
EAST:
Additional lease spaces within the Old Ranch Towne Center in the C-2
General Commercial Zone; Old Ranch Country Club Golf Course.
(d) The retail delicatessen and specialty foods 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.
Section 6. Based upon the facts contained in the record, including those stated
in ~5 of this resolution and pursuant to ~~ 28-1300; 28-2503 to 2508 of the City's Code, the
Planning Commission makes the following findings:
(a) CUP No. 07-11 (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 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 supply and utilities for the proposed use.
(c) The existing retail delicatessen and specialty foods store
with on-premise and off-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. 08-33
Conditional Use Permit 07-1 I (Indefinite Extension)
12430-B Seal Beach Blvd. (Santa Fe Importers)
December 3, 2008
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 07-11 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 07-11 (Indefinite Extension) 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. 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.
3. 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.
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 oflegal operation and penalties for violation ofthese 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.
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: 151 Monday of each month
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Time:
Cost:
Place:
b.
Provider:
Program:
Telephone:
Cost:
Planning Commission Resolution No. 08-33
Conditional Use Permit 07-11 (Indefinite Extension)
12430-B Seal Beach Blvd. (Santa Fe lmporter.\)
December 3, 2008
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
7. The hours of operation shall be 10:00 a.m. to 9:00 p.m., Monday to Saturday; 11 :00 a.m.
to 7:00 p.m. Saturday.
8. No commercial deliveries or trash disposal activities may occur in association with the
operation ofthis 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.
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.
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Planning Commission Resolution No. 08-33
Conditional Use Permit 07-11 (Indefinite Extension)
12430-B Seal Beach Blvd. (Santa Fe Importers)
December 3, 2008
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
Municioal 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 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.
20. The applicant remains bound by the conditions of Resolution 07-55, regarding CUP 07-
11, insofar as those conditions are not amended by this approval.
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,
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Planning Commission Resolution No. 08-33
Conditional Use Permit 07-11 (Indefinite Extension)
I2430-B Seal Beach Blvd. (Santa Fe Importers)
December 3, 2008
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 ofthe City of Seal Beach
at a meeting thereof held on the 3rd day of December 2008 by the following vote:
AYES: Commissioners Deaton, Bello, and Massa-Lavitt
NOES: Commissioners None
ABSENT: Commissioners Delay and Eager
ABSTAIN: Commissioners None
~1t~L
/ lery Deaton
Chairperson, Planning Commission
ee Whittenberg
Secretary, Planning Commissio
*****
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