HomeMy WebLinkAboutPC Res 92-77 - 1992-12-09
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RFSOLUTION No. 92-77
A RFSOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH, CA APPROVING
CONDITIONAL USE PERMIT #92-21,PERMITTING AN ON-
SALE BEER AND WINE LICENSE CONJUNCTION WITH
AN EXISTING RFSTAURANT AT 303/305 MAIN STREET,
SEAL BEACH (MAIN STREET DELI)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOFS HEREBY
FIND AND RFSOLVE:
Section I. On November 2, 1992, Josiane Tafani ("Applicant") filed an
application for a Conditional Use Permit, CUP #92-21, with the Department of Development
Services. The Applicant seeks a new CUP alIowing the transfer of an existing on-sale beer and
wine license at Main Street Deli persuant to ~28-13()()(b) of the Code of the City of Seal Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. U5025(a) and ~II.B of
the City's local California Environmental Quality Act (CEQA) GUidelines, staff has determined
as follows: The apphcat:J.on for CUP #92-21 is categorically exempt from review pursuant to
CEQA, pursuant to 14 Calif. Code of Regs. ~1530l (Existing Uses), because it involves the
negligible expansion of an existing use; pursuant to ~15305 (Minor Alterations In Land Use
Limitations), because the proposal involves a minor alteration in a land use limitation and does
not involve either a property in excess of 20% slope or a change in land use or density, and
finally, pursuant to U5061(b)(3), because it can be seen with certainty that there is no possibility
that the approval may have a significant effect on the environment.
Section 3. A duly noticed Public Hearing was held before the Planning
Commission on December 9, 1992, to conSider the application for CUP #92-21. Evidence, both
written and oral, was submitted for and against the application.
Section 4. The record of the Public Hearing on December 9, 1992
indicated the following:
. On November 2, 1992, Josiane Tafani submitted an application, CUP #92-21, to the
Department of Development Services.
· The subject property is located within the Seal Beach Mall, a multiple tenant retail
center, at the northwesterly corner of Main Street and Electric A venue. There are twelve
(12) tenants in the Mall.
. The subject property is legally described as Lots 1, 3, 5, 7, 9, 11, 13, 15 of Block 208
of Stanton and Lothian's First Addition to Bay City in the City of Seal Beach, Map
recorded Book 3, Page 29 Miscellaneous maps, Office of the County Assessor, County
of Orange, State of California.
· The surrounding land uses and zoning are as follows:
NORTH, SOUTH & EAST
A mixture of commercial uses in
the Service Commercial zone (C-l).
WEST
Multiple family dwellings in the Residential High
Density zone (RHO).
· To the East is the Sea Coast Community church (formerly Lighthouse Christian
Assembly) at 919 Electric Avenue. Staff measurement of an Orange County Assessor's
map shows this to be 3()()' from the Main Street Deli.
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To the East is St. Anne's Church at 340 Tenth Street. Staff measurement of an Orange
County Assessor's map shows this church to be 450' from the Main Street Deli.
The nearest residential structure is to the West, at the rear of the Mall and across the
alley. The patio is adjacent a large parking lot, to the South.
. The subject property has received the following approvals:
CUP 13-77: On-sale beer and wine license/Resolution No. 1083
CUP 88-12: Approved a #41 license via Resolution No. 1525
CUP 88-12: Indefinite extension approved via Resolution No. 1561.
CUP 91-7: Transferred existing #41 license with ownership transfer via Resolution No.
1629.
CUP 91- 7: Indefinite extension approved via Resolution No. 92-12.
. Chief of Police William Stearns has reviewed this application and has no reservations on
its approval.
. Review of ABC documents for CUP #91-7 indicates the following information and
concerns:
The premises is in the immediate vicinity of Sea Coast Community Church and St.
Anne's Church.
Activities and conduct of persons at the patio is partially visible from the interior of the
premises and the unsupervised consumption of alcoholic beverages could become a public
nuisance contrary to public welfare and morals.
An unrestricted license may induce the unlawful removal of alcoholic beverages from this
patio and/or consumption of alcoholic beverages by minor or intoxicated persons.
The issuance of an ABC license without conditions would be contrary to public welfare
and morals.
Five (5) conditions were placed on the license and these are, sales/service/consumption
is allowed between 8:00 a.m. and 10:00 p.m., the premises must not be operated as a
public premise, the quarterly gross sales of alcoholic beverages won't exceed the gross
food sales, they are not allowed to have live entertainment, amplified music or dance and
the licensee or any employee of the licensee must be present on the patio to ensure State
ABC laws are not violated.
Section 5. Based upon the facts contained in the record, including those
stated in ~4 of this resolution, and pursuant to ~~28-2503 and 28-2504 of the City's IIlIIDpII
~, the Planning Commission hereby finds as follows:
(a) The granting of CUP #92-21 is consistent with the proviSIOns of the General Plan
which indicates the subject property is to be used for general commercial
purposes.
(b) The building and property at 303/305 Main Street are adequate in size, shape,
topography and location to meet the needs of the proposed use of the property.
(c) Required adherence to applicable building and fire codes ensure there will be
adequate water supply and utilities for the proposed use.
(d) The on-sale beer and wine is compatible with the character of the Main Street
area. Adherence to conditions of approval placed on the use by both the City
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of Seal Beach and the Department of Alcoholic Beverage Control should mitigate
any negative impacts to neighboring residential properties.
(e) The Seal Beach Police Department has reviewed the existing records and has no
reservations regarding the indefinite extension of the use and/or modification of
hours.
Section 6. Based on the foregoing, the Planning Commission hereby
approves Conditional Use Permit #92-21, subject to the following conditions:
1. CUP # 92-21 is approved for an on-sale beer and wine license at 303/305 Main
Street and is issued to Josiane Tafani for the Main Street Deli.
2. The applicant shall comply with all restrictions placed upon the license by the
State of California Department of Alcoholic Beverage Control.
3. The applicant shall furnish the City a copy of her ABC license and a copy of the
conditions placed on the license by the Department of Alcoholic Beverage
Control. This shall be done as soon as it is received by the applicant from the
State of California Department of Alcoholic Beverage Control.
4. The hours of operation shall be 6:00 a.m. to 10:00 p.m. daily.
5. No video games or similar amusements shall be permitted on the premises.
6. No lighted signs advertising alcoholic beverages shall be placed in the window
areas, nor shall any other signs advertising specific brands of alcoholic beverages
be permitted in the window areas. Interior displays of alcoholic beverages which
are clearly visible to the exterior shall constitute a violation of this condition.
7. Conditional Use Permit #92-21 is non-transferrable.
8. The applicant wiII prominently display these conditions of approval in a location
within the business's customer area that is acceptable to the Director of
Development Services.
9. This Conditional Use Permit shall not become effective for any purpose unless
an "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) day appeal period has elapsed.
10. A modification of Conditional Use Permit shall be obtained when:
(a) A transfer of ownership of the license is proposed.
(b) The establishment proposes to change its type of liquor license.
(c) The establishment proposes to modify any of it's current conditions
of approval.
(d) There is a substantial change in the mode or character of
operations of the establishment.
11. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit if any violation of the approved conditions occurs, any violation of
the Code of the City of Seal Beach, occurs, or for those reasons specified by
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Article 28, and in the manner specified in Article 25, Code of the Cil;y of Seal
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12. Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while not disturbing surrounding residential or
commercial areas. A lighting plan shall be provided, subject to review and
approval by the Director of Development Services, which promotes minimal
disturbance to nearby residences.
13. In the event staff determines security problems exist on the site, the conditions
of this permit may be amended, under the procedures of the City's municipal
~, to require the proviSIOn of additional security measures.
14. All establishments shall be required to have a public telephone listing.
15. It shall be the responsibility of the applicant/licensee to provide all employees that
sell or serve alcoholic beverages with the knowledge and skills enabling them to
comply with their responsibilities under State law.
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 influence, hours of legal operations and penalties for violations
of these laws.
b) The potential legal liabilities of owners and employees of businesses
dispensing 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, including the
operation of motor vehicles.
d) Methods for preventing customers from becoming intoxicated, methods for
dealing with intoxicated customers and recognizing underage customers.
The following organizations have been identified by the State Department
of Alcoholic Beverage Control as providing training programs which
comply with the above criteria:
(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
to B.A.D.D. or T.I.P.S. Programs.
(Telephone: [714] 568-4187).
16. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment, and operators of such establishments shall remove trash
and debris on an appropriate 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.
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17. 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 RP.."h
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 Conditional Use Permit shall become null and void unless exercised within
one (1) year of the date of fmal 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. All alcoholic beverages sold in conjunction with the on-premise licensed
establishment must be consumed entirely on the premises, and none shall be sold
as take-out.
20. Conditional Use Permit #92-21 shall be automatically terminated if the operation
is no longer maintained as a "bona fide public eating place" as defined by the
California Department of Alcoholic Beverage Control.
The establishment must have availability for ordering food until thirty (30)
minutes prior to closing time.
21. There shall be no live entertainment, amplified music, and/or dancing permitted
on the premises at any time, unless specifically authorized under the conditions
of approval of the Conditional Use Permit and by the State of California
Department of Alcoholic Beverage Control.
22. The proposed facility shall comply with Chapter 13D, "Noise Control", of the
Code of the City of Seal RP>1d:1 as the regulations of that Chapter now exist or
may hereafter be amended. Should complaints be received regarding noises
generated by the facility, 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.
23. The sale of alcoholic beverages for consumption off the premises shall be
prohibited. Consumption of alcoholic beverages shall be prohibited in the
establishment's parking area. There shall be appropriate posting of signs both
inside and outside the licensed premises indicating that drinking outside the
licensed premises is prohibited by law.
24. The knowledge and slolls deemed necessary for responsible alcoholic beverage
service as set forth in Condition No. 15, 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 wil\ leave the premises in an intoxicated manner.
b) Knowledge of mixology, including marketable alternatives to alcoholic
beverages.
25. Whenever the outdoor dining area is being utilized for the sale, service or
consumption of alcoholic beverages, a premise employee shall be in attendance
and maintain continuous supervision at all times to ensure the outdoor dining area
does not create a public nuisance contrary to public welfare and morals.
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26. All alcoholic beverages served in the outdoor dining area must be served in glass
containers.
27. All outdoor dining areas shall be surrounded by an enclosure of a design and
height satisfactory to the Planning Commission. The present enclosure, if
adequately maintained, shall satisfy this condition.
28. Any canopy constructed over an outdoor dining area shall comply with all
requirements of the Building Department and Fire Department.
29. There shall be no banner advertising on the outside of the building.
30. The term of this permit shall be six (6) months, after which tme the Planning
Commission shall review and may extend the permit indefinitely provided that all
conditions of approval have been satisfied and no significant police problems have
occurred.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 9th day of December, 1992 by the following vote:
AYES:
Commissioners Dahlman, Sharp, Law
NOES:
ABSTAIN:
ABSENT:
Commissioners Fife, Orsini
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Anton Dahlman, Vice Chairman
Planning Commission
Whittenberg, Secretary
UP anning Commission