HomeMy WebLinkAboutPC Res 05-42 - 2005-09-07
RESOLUTION NUMBER 05-42 0 R / G / IV,
A RESOLUTION OF THE PLANNING COMMISSION OF TIIE '4 L.
CITY OF SEAL BEACH APPROVING THE INDEFINITE
EXTENSION OF CONDITIONAL USE PERMIT NO. 03-3,
ALLOWING FOR THE OFF-PREMISE SALE OF BEER AND
WINE IN CONJUNCTION WITH THE OPERATION OF A
WALK UP/TAKE OUT RESTAURANT AND MARKET AT
13312 MAIN STREET, SEAL BEACH (ANGELO'S ITALIAN
DELI)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On August 3, 2005, Pat Brown submitted an application for
Melinda Marciuliano, the applicant, for CUP 03-3 (Indefinite Extension) at 133 12 Main St.
Specifically, the applicant is proposing to continue the sale of beer and wine for off-site
consumption.
Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and ~II(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP
03-3 (Indefinite Extension) for the sale of beer and wine for off-site consumption is categorically
exempt from review pursuant to the California Environmental Quality Act pursuant to 14
California Code of Regulations ~1530l (Minor Alterations in Land Use Limitations), because
the proposal involves a negligible expansion of an existing use; pursuant to ~15305 (Mmor
Alterations in Land Use Limitations), because the proposal involves a minor alteration m 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 dining area was considered as part of Negative Declaration 96-2,
evaluating the environmental impacts of tlie Main Street Specific Plan.
Section 3. A duly noticed public hearing was held before the Planning
Commission on September 7, 2005 to consider the application for CUP 03-3 (Indefinite
Extension) for off-premise sale of beer and wine. No written evidence was submitted for or
against the project, and at the public heanng no one spoke in favor of the request and no one
spoke in opposition.
Section 4.
The record of the hearing of September 7, 2005 indicates the
following:
(a) On August 3, 2005, Pat Brown submitted an application for Melinda
Marciuliano, the applicant, for CUP 03-3 (Indefinite Extension) at 133 12 Main Street.
(b) Specifically, the applicant is proposing to continue sale of beer and wine
for off-premise consumption as part of a walk upltake out restaurant and market.
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Planmng Commlsswn Resolutwn 05-42
Condltwnal Use PermIt 03-3 (Indefimte Extenswn)
133 Yz Mam Street (Angelo's Itahan Deb)
September 7, 2005
(c) The subject walk up/take out restaurant and market contains
approximately 1,470 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 surrounding land uses and zoning are as follows:
WEST Residential Housing in a Residential High Density (RHD) zone
EAST Residential Housing in a Residential High Density (RHD) zone and
Commercial Businesses in the Main Street Specific Plan
NORTH Commercial Businesses in the Main Street Specific Plan area
SOUTH Commercial Businesses in the Main Street Specific Plan area
Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~28-1250 of the City's Code, the Planning Commission
makes the following findings:
(a) This Conditional Use Permit is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a "Main Street Specific Plan"
designation for the subject area and permits walk up/take-out restaurants subject to the issuance
of a conditional use permit. The use is consistent with other 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 133 Y2 Main Street are adequate in size,
shape, topography, and location to meet the needs ofthe proposed use of the property.
(c) The proposed use is consistent with the intent and purpose and vision
established for the Main Street Specific Plan.
(d) 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.
(e) The use will contribute to the unique character of Main Street and the
qualities that provide the Main Street sense of identity.
(f) The proposed use complies with all applicable City Council policies, such
as the policies the Council has adopted concerning alcohol serving uses.
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Planmng CommiSSIOn ResolutIOn 05-42
ConditIOnal Use Permit 03-3 (Indefinite ExtensIOn)
133 ~ Mazn Street (Angelo's ftalzan Delz)
September 7, 2005
(g) The Police Department has not had a history of calls to this location.
(h) 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 Permit 03-3 (Indefinite Extension), subject to the following
conditions:
1. CUP No. 03-3 (Indefinite Extension) is approved for the sale of beer and wine in
conjunction with walk up / take out restaurant and market at 133 12 Main Street, Seal
Beach.
2. No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit 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 seats in the walk up/take-out restaurant at any
time.
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 permitted.
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 Planning 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 oftms CUP shall be applied for when:
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Planning Commlssion Resolutlon 05-42
Conditional Use Permit 03-3 (lndefimte ExtenslOn)
133 ~ Main Street (Angelo's Ital,an Deb)
September 7, 2005
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. There shall not be a service window, which will facilitate food dispersal.
12. The applicant shall comply with all restrictions placed on the license issued by the State
of California's Department of Alcoholic Beverage Control (ABC).
13. 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
indicating that the law prohibits drinking inside and outside of the licensed premises.
14. 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.
15. 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.
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.
16. 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,
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Planmng Commlsswn Resolutwn 05-42
Conditional Use Permit 03-3 (Indefimte Extension)
133 % Main Street (Angelo's Italzan Delz)
September 7. 2005
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
herby. 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 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 7th day of September 2005 by the following vote:
AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts,
NOES: Commissioners None
ABSENT: Commissioners None
~~~~
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Comml sion
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