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HomeMy WebLinkAboutPC Res 04-59 - 2004-11-03 RESOLUTION NUMBER 04-59 0 t9;, A RESOLUTION OF THE PLANNING COMMISSION 6/41..11 OF THE CITY OF SEAL BEACH APPROVING rl,1 CONDITIONAL USE PERMIT NO. 03-3, ALLOWING ~ FOR THE OFF-PREMISE SALE OF BEER AND WINE IN CONJUNCTION WITH OPERATION OF A WALK- UP/TAKE-OUT RESTAURANT AT 133 Yz MAIN STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 27, 2004, Melinda Marciuliano (the "Applicant") filed an application with the Department of Development Services for an Indefinite Extension of Conditional Use Permit 03-3 for the operation of a walk up / take out restaurant with a new request for the off-premise sale of beer and wine for off-site conswnption at 133 Y2 Main Street, Seal Beach. Section 2. Pursuant to 14 California Code of Regulations 915305 and 9Il(B) of the City's Local CEQA Guidelines, staff has detennined as follows: the application for CUP 03-3 (Indefinite Extension) for the proposed walk up/take out restaurant with sales of beer and wine for off-site consumption is categOlically exempt from review pursuant to the California Enviromnental Quality Act pursuant to 14 California Code of Regulations 915301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to 915305 (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; and, the dming area was considered as part of Negative Declaration 96-2, evaluating the enviromnental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was held before the Planning Commission on November 3, 2004, to consider the application for CUP 03-3 (Indefinite Extension) and proposed off-premise sale of beer and wme. No written evidence was submitted for or against the project, and at the public hearing no one spoke in favor of the request and no one spoke in opposition. Section 4. The record of the hearing of November 3, 2004 indicates the following: (a) On September 27, 2004, Melinda Marciulano, the applicant, submitted an application for CUP 03-3 (Indefinite Extension) at 133 Y2 Main Street. Specifically, the applicant is proposing to continue to sell sandwiches, take-out food items, deli meats and cheeses, and specialty groceries including introduction of beer and wine sales. (b) Specifically, the applicant is proposing to operate a walk up / take out restaurant with no more than 10 seats. (c) The subject deli/restaurant contains approximately 1470 square feet. The property is located on the west side of Main Street, in the 100 block, within the Main Street Specific Plan Zone. (d) The subject property is legally described as Orange County assessor's parcel number 199-034-07. (e) The subject property is legally nonconforming due to inadequate parking. However, the CIty considers changes of land use that create a lower demand for parking to be a net positive gain to the City, and routinely approve such requests. (t) The sunounding land uses and zoning are as follows: NORTH, SOUTH Commercial business along Main Street, in Page 10f4 Plan11lng ComllllsslOn ResolutIOn No 04-59 CUP 03-03 - 133 ~ Mam Street (Angelo'~ Italian Dell) November 3, 2004 AND EAST the Main Street Specific Plan (MSSP) Zone. WEST Various residential developments of single-family and multiple-family, in the Residential High Density (RHD) Zone Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~28-1250, 28-1400, 28-2503, and 28-2504 of the City's Code, the Planning Commission makes the following findings: . Conditional Use Pennit 03-3 (Indefinite Extension) 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 propeIty and permits restaurants subject to the issuance of a conditional use pennit. The proposed conditional use pennit is to operate a walk up / take out restaurant, including sales of beer and wine for off-site consumption. 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 in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. . The building and property at 133 Y2 Mam Street are adequate in size, shape, topography, and location to meet the needs of the proposed use ofthe property. . The proposed use is consistent with the intent and purpose and vision established for the Main Street Specific Plan. . The proposed 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. . The use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. . The proposed use complies with all applicable City Council policies, such as the policies the Council has adopted concerning alcohol serving uses. . The Police Department has not had a history of calls to this location. . Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Pennit 03-3, subject to the following conditions: 1. CUP No. 03-3 is approved for the sale of beer and wine in conjunction with walk-up/take- out restaurant at 133 Y2 Main Street, Seal Beach. The sale of beer and wine for off-site consumption is to be reviewed 6 months after receipt of a license from California Alcoholic Beverage Control (ABC). 2. No video games or similar anmsements shall be pennitted on the premises unless a separate conditional use penn it is approved for that use. 3. 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. 4. There shall be no more than 10 total ~eats in the walk up/take-out restaurant at any time. Page 2 of 4 P/alllllng CommiSSIOn Reso/ullOll No 04-59 CUP 03-03 - 133 Yz Mam Street (Angelo's Itahan Dell) November 3, 2004 5. 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. 6. There shall be no live entertainment, amplified music, or dancing pennitted. 7. The establishment shall comply with Chapter 13D, "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 Plannmg 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 13D. 8. 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. 9. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 10. 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. 11. This CUP shall become null and void unless exercised within one (I) 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 ninety (90) days prior to such expiration date. 12. There shall not be a service window, which will facilitate food dispersal. 13. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC). 14. Consumption of alcoholic beverages is prohibited in the establishment and its parking area. There shall be posting of signs both inside and outside the licensed premises indicatmg that the law prohibits drinking inside and outside of the licensed premises. IS. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays. 16. It shall be the responsibility of the applicant/licensee to provide all employees that sell alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. The knowledge and skills deemed necessary for responsible alcoholic beverage 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 excessive consumption of alcoholic beverages. Page 3 of4 PIlllllUllg CommlSSlO1l ResolllllOll No 04-59 CUP 03-03 - 133 !6 Mlll11 Stl'eel (Allgelo 's llllllllll Deli) November 3, 2004 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. 17. The Director of Public Works/City Engineer shall evaluate the need for trash facilities directly in fi'ont of the subject business locatIon. Upon detennination and discretion of the Director of Public Works/City Engineer, the proposed project applicant shall either: a. Pay the City of Seal Beach to provide a trash container, which will be emptied by City forces, to be placed adjacent to or in the nearby vIcmity of the business operation, or b. The business operator shall purchase its own container, in a style approved by the Department of Public Works, and shall place said container within the publIc right-of- way and/or directly adjacent to its place of business during business hours. The business operator shall empty and remove the container from the public right-of-way at the end of each business day. 18. The business operator to steam-clean the public sidewalk in front of their store area on a quarterly basis, and to participate in any City-sponsored sidewalk steam cleaning program that the City may ultimately establish in the future. The business operator shall provide proof to the City on a yearly basis of compliance with said sidewalk steam-cleamng program. 19. 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 fumishing or supplying work, servIces, materials, or supplies in comlection with the perfonnance of the use pennitted 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 pennitted by this Conditional Use Pennit, 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 herby. Applicant's obligation to indemnify, defend and hold hannless the City as stated herein shall include, but not be limited to, paying all fees and costs incun'ed 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, cOUIi costs or attorney's fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of November 2004 by the following vote: AYES: Commissioners Shanks, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners Ladner h~~ Gordon Shanks Vice-Chairperson, Planning Commission ee hittenberg Secretary, Planning Commisso **** Page 4 of 4