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HomeMy WebLinkAboutPC Res 05-10 - 2005-03-09 RESOLUTION NUMBER 05-10 OR/G/;v- '4~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-2 FOR 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 RESOLVE: Section 1. On January 24, 2005, Eric Stephens (the "Applicant") filed an application with the Department of Development ServIces for Conditional Use Permit 05-2. The conditional use permit is required to allow the sale of alcohol for on site consumption for the Seal Beach Tennis Center at 3900 Lampson Avenue. Section 2. Pursuant to 14 California Code of Regulations ~15301, Class I, staff has determined as follows: the application for CUP 05-2 for the proposed sale of beer and wine 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 Planning Commission on March 9, 2005 to consider the application for Conditional Use PermIt 05-2. Section 4. The record of the hearing of March 9, 2005 indicates the following: (a) On January 24, 2005, Eric Stephens (the "Applicant") filed an application WIth the Department of Development Services for Conditional Use Permit 05-2. (b) A conditional use permit is required to allow the sale of beer and wine in 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, prompting the requirement for a new conditional use permit. (c) The snack shop in the clubhouse is open from 7:30 AM to 9:30 PM Monday through Fnday, and 7:30 AM to 5:30 PM on Saturday and Sunday. (d) The subject property consists of a tennis club located on the southwesterly corner of the intersection of Lampson Avenue and Basswood Avenue, located in the Public Land Use/Recreation (PLU/R) zone. (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 inside the clubhouse. (f) 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 (I-405) Page 10f5 Planning CommIssIOn ResolutIOn 05-10 CondItIOnal Use PermIt 05-2 3900 Lampson Avenue (Seal Beach TennIS Center) March 9, 2005 East - Across Basswood Street, and automobile service station at the corner of Basswood and Lampson in the General Commercial (C-2) zone, condominiums in the Residential MedIUm Density (RMD) zone, and single family residences in the Residential Low Density (RLD) zone m College Park East West - Sunnse Assisted Living, Ayres Hotel, and the Bixby Center (g) The proposed uses of land set forth in this application conform to the Public Facilities General Plan land use designation and zoning. (h) The Seal Beach Police Department has reviewed the existing records, and has indicated that there has not been demand for law enforcement at this location. Section 5. Based upon the facts contained in the record, including those stated in 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 "public 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 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) 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 location to meet the needs of the use ofthe property. (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 California Department of Alcoholic Beverages Control should mitigate any negative impacts to neighboring residential properties. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 05-2, subject to the following conditions: 1. Conditional Use Permit 05-2 is approved for sale of beer and wine in the existing clubhouse at 3900 Lampson Avenue. 2. The applicant will prominently display these Conditions of Approval in 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. Page 2 of5 Planning CommISSIOn ResolutIOn 05-10 ConditIOnal Use PermIt 05-2 3900 Lampson Avenue (Seal Beach Tennis Center) March 9, 2005 5. 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 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 applicant shall furnish the City a copy of his or her ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 8. The hours of operation shall be 7:30 AM to 5:30 PM Monday through Friday and 7:30 AM to 5:30 PM on Saturday and Sunday. 9. All alcoholic beverages must be consumed within the building. 10. No video games or similar amusements shall be permitted on the premises. 11. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 12. The establishment shall have a public telephone listing. 13. 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. 14. 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 dealing with intoxicated customers and recogmzmg underage customers. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providmg training programs that comply with the above criteria: I) 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 15. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators 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. Page 3 of5 Planning CommISSIOn ResolutIOn 05-10 CondItIOnal Use PermIt 05-2 3900 Lampson Avenue (Seal Beach Tennis Center) March 9, 2005 16. 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. 17. This Conditional Use Permit 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. 18. All alcoholic beverages sold m 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. 19. 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. 20. The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. 21. 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 the State of California Department 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. 22. The proposed facility 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 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 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 intoxicated manner. b) Knowledge of mixology, including marketable alternatives to alcoholic beverages. 24. 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, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. Page 4 of 5 Planning CommISSIOn ResolutIOn 05-10 ConditIOnal Use Permit 05-2 3900 Lampson Avenue (Seal Beach Tennis Center) March 9, 2005 25. The term of this permit shall be twelve (12) months, beginning the first day of issuance of the California Department of Alcoholic Beverage Control license. At the end of the initial term, the applicant may apply to the City for an indefinite extension. The Planning Commission may grant an extension as discussed above, provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of any extensions. PASSED, APPROVED AND ADOPTED by the Planning CommIssion ofthe City of Seal Beach at a meeting thereof held on the 9th day of March 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners Ladner ~~ Gordon Shanks Vice-Chairperson, Planning Commission Lee Whittenberg Secretary, Planning CommissI n **** Page 5 of5