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HomeMy WebLinkAboutPC Res 06-13 - 2006-03-22 RESOLUTION NUMBER 06-13 OR/S/Jil '''4~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 05-2, APPROVING THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION WITHIN AN ENCLOSED CLUBHOUSE AT 3900 LAMPSON AVENUE (SEAL BEACH TENNIS CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB: Section 1. On February 3, 2006, Enc Stephens (the "Applicant") filed an applicalion for an Indefinite ExtenSIon of Conditional Use PermIt 05-02 With the Department of Development Services, The condItional use permit is required to a110w the sale of alcohol for on site consumptIon for the Seal Beach Tenms Center at 3900 Lampson Avenue. SectJon 2, Pursuant to 14 Cahfornia Code of RegulatIons ~15301, Class I, staff has determined as follows: the apphcatIon for CUP 05-2 for the proposed sale of beer and wme for on-site consumption IS categorically exempt from reVIew pursuant to the CalIfornia EnVironmental Quality Act. SectIon 3, A duly noticed public hearing was scheduled before the Plarmmg Commission on March 22, 2006 to consider the application for the Indefimte Extension of Conditional Use PermIt 05-2, Section 4. The record of the heanng of March 22, 2006 mdIcates the followmg: (a) On February 3, 2006, Eric Stephens (the "Applicant") filed an applicatIOn WIth the Department of Development Services for an Indefimte Extension of ConditIonal Use PermIt 05-02, (b) A conditional use permit is reqUired to allow the sale of beer and wme III the clubhouse of the Seal Beach Tennis Center at 3900 Lampson Avenue With new ownership, a new application IS necessary from CalifornIa Alcoholic Beverage Control, promptmg the requirement for a new conditional use permit. (c) The snack shop m the clubhouse IS open from 7:30 AM to 9:30 PM Monday through Friday, and 7'30 AM to 5:30 PM on Saturday and Sunday (d) The subject property consists ofa tennis club located on the southwesterly corner of the mtersection of Lampson Avenue and Basswood Avenue, located in the Public Land Use/Recreation (PLU/R) zone, 10f6 Planmng CommISSIOn ResolullOn 06-13 CUP 05-2 (lndefimle Exlen>lOn) - 3900 Lamp.lon Avenue March 22, 2006 (e) The clubhouse is located in roughly the middle of the Seal Beach Tennis Center, Beer and wine has been sold since approxImately 1970, along with sandwiches and snack Items mside the clubhouse. (t) Surrounding land uses are as follows: North - Across Lampson Avenue, the Old Ranch Country Club and Golf Course in the City of Seal Beach South - The San Diego Freeway (1-405) East - Across Basswood Street, and automobIle servIce station at the comer of Basswood and Lampson m the General Commercial (C-2) zone, condommlUms in the Residenl1a1 MedIUm DenSIty (RMD) zone, and single family reSIdences m the Residenl1al Low DenSIty (RLD) zone in College Park East West - Sunrise Assisted LIving, Ayres Hotel, and the BIxby Center (g) The proposed uses of land set forth in thIS apphcal10n conform to the Public Facilihes General Plan land use designation and "Public Land Use / Recreation" zoning designation. (h) The Seal Beach Pohce Department has revIewed the existing records, and has mdicated that there has not been demand for law enforcement at thIS location Section 5. Based upon the facts contained in the record, mcludmg those stated m thIS resolution and pursuant to the City Code, the Planning CommIssion makes the following findings: (a) CUP No, 05-2 is consIstent with the proVIsions of the Land Use Element of the City's General Plan, which provides a "publtc facilities" designatIon for the subject property and permits the on-sale service of alcoholic beverages subject to the Issuance of a Conditional Use Permit. The use IS also consistent With the remaimng elements of the CIty'S General Plan as the poliCIes of those elements are conSIstent with, and reflected m, the Land Use Element. Accordingly, the proposed use IS consistent with the General Plan. (b) SubJect to the proposed conditions of approval, the use of the property as an eXIsting tennis center With a pro shop, snack shop and clubhouse, as approved herein, IS compatible with surrounding uses and is not detrimental to the surrounding neighborhood (c) The building and property at the subJect SIte are adequate in SIze, shape, topography and locatJon to meet the needs of the use of the property, 20f6 Planning CommISsIOn Resolution 06-13 CUP 05-2 (Indefintte extensIon) - 3900 Lampson Avenue March 22, 2006 (d) The on-premIses sale of beer and wine, If properly conditioned and enforced, is compatIble WIth the character of the surrounding area. Adherence to condItIons of approval placed on the use by both the CIty of Seal Beach and the CahfornIa Department of Alcoholic Beverages Control should mItigate any negative impacts to neighborIng resIdential propertIes, Section 6. Based upon the foregoing, the Planmng Commission hereby approves CondItIonal Use Permit 05-2, subJect to the following conditIons: 1. Conditional Use Permit 05-2 (Indefimte Extension) is approved for sale of beer and wine m the existing clubhouse at 3900 Lampson Avenue. 2. The applicant WIll prominently display these Conditions of Approval m a location wIthin the business' customer area that is acceptable to the Director of Development Services. 3, 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. 4, A modification of this ConditIonal Use Permit shall be applied for when: a. The establishment proposes to change the type, number or general locatIon of the snack shop/clubhouse area. 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. 5, This Indefinite ExtenSIon of CondItional Use Permit shall not become effective for any purpose unless/until a CIty "Acceptance of CondItions" form has been signed by the applicant m the presence of the Director of Development ServIces, or notarized and returned to the Planmng Department; and until the ten (10) calendar-day appeal perIod has elapsed 6 The applIcant shall comply WIth all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 7. The hours of operation shall be 7'30 AM to 9:30 PM Monday through Friday and 7:30 AM to 5:30 PM on Saturday and Sunday, 8. All alcoholic beverages must be consumed within the building. 9. No video games or SImilar amusements shall be permitted on the premIses, 10. There shall be no exterior advertising of any kind or type, including advertising dIrected to the exterior from withm, promoting or indicatmg the availabIhty of alcoholtc beverages II, The establishment shall have a public telephone lIstmg. 30f6 Planmng CommISsIOn ResolullOn 06-13 CUP 05-2 (lndefinile ExlenslOn) - 3900 Lampson Avellue March 22, 2006 12 It shall be the responsIbIlity of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with theIr responsibilities under State law, 13, 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 laws relating to alcoholic beverages, partIcularly ABC and penal prOVISIons concerning sales to minors and intoxicated persons, driving under the mfluence, hours of legal operations and penalties for VIolatIons of these laws. b) The potential legal liabilities of owners and employees of businesses dIspensmg alcoholic beverages to patrons who may subsequently injure, kill, or 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, mcluding the operatIon of motor vehicles, d) Methods for dealing with intoxicated customers and recogmzing underage customers. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing tralmng programs that comply WIth the above eritena: 1) Department of Alcoholic Beverage Control L.E.A,D, Program Telephone: (714) 558-6482 2) Orange County A,D,E.P,T. Program, for referral to eIther the B.A.D,D. or T,I.P,S, Program Telephone: (714) 568-4187 14, LItter and trash receptacles shall be 10cated at convement locations inside and outSide the establishment, and operators shall remove trash and debris on an appropnate baSIS so as not to cause a health problem. 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. l5 The Planning Commission reserves the nght to revoke or modIfy this CondItional Use Permit pursuant to Articles 25 and 28 of the Code of the Citv of Seal Beach if harm or retail related problems are demonstrated to occur as a result of crimmal or anti-socIal behavior, mcluding but not limIted to the congregation of minors, VIOlence, pubhc drunkenness, vandalism, solicitation and/or litter. 16, This Conditional Use Permit 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 Plannmg CommIssion pursuant to a wntten request for extension submItted to the Department of Development ServIces a minimum of ninety (90) days prior to such expiration date, 40f6 Planmng CommlS'lOn ResolullOn 06-13 CUP 05-2 (lndefimle ExlenslOn) - 3900 Lampson Avenue March 22, 2006 17. All alcoholic beverages sold in conjunction WIth the on-premIse licensed establishment must be consumed entirely on the premIses prior to closing time, and none shall be sold as take-out. 18. ConsumptIon of alcoholic beverages shall be prolubIted in the establishment's parking area, There shall be appropriate postmg of SIgnS both inside and outside the licensed premIses indicating that drinking outsIde the lIcensed premises is prohibited by law. 19, The establishment must serve a complete menu of food untIl thIrty (30) mmutes pnor to closmg tIme, 20, There shall be no live entertainment, amphfied music, or dancmg 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 the State of California Deparhnent of Alcoholic Beverage Control In the case of specIal events such as wedding receptIons, a Special Events Permit shall be obtained for speCIfic approval of each event. 21, The proposed facility shall comply with Chapter 13D, "NOIse Control", of the Code of the Citv of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended, Should complaints be receIved regarding noises generated by the facIhty, the Planning Commission reserves the right to schedule the subJect permit for reconsideratIon and may require the applicant/operator to mitigate the noise level to comply With the provisions of Chapter 13D, 22. The knowledge and skills deemed necessary for responsIble alcoholic beverage service as set forth in this resolution shall include for on-premise licensed locations, but not be limited to, the following additional tOpICS and skills development: a) Methods to appropriately pace customer drinking to reduce the risk that the customer will not leave the premIses in an mtoxicated manner. b) Knowledge ofmixology, mcludmg marketable alternatIves to alcoholic beverages 23. The applicant shall indemnify, defend and hold harmless CIty, ItS officers, agents and employees (collectIvely "the City" heremafter) from any and all claIms and losses whatsoever occumng 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 ofthe rights granted herem, 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 occumng or resulting to any person, firm, corporation or property for damage, mJury 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 mcurred by legal counsel of the CIty'S choice m representing the CIty m connection with any such claims, losses, lawsuits or actions, expert 50f6 , Planmng CommiSSIOn ResolullOn 06-13 CUP 05-2 (Indefinite ExlenslOn) - 3900 Lampson Avenue March 22, 2006 wItness fees, and any award of damages, judgments, verdIcts, court costs or attorneys' fees m any such lawsuIt or action, PASSED, APPROVED AND ADOPTED by the Plarming Commission of the City of Seal Beach at a meeting thereof held on the 22nd day of March 2006 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts, NOES: Commissioners None ABSENT' CommIssioners None .~~~.,. a ~~ Gordon hanks Chairperson, Plarmmg Commission ;7Y:A ~ Lee Whittenberg Secretary, Plarming Commission **** 60f6