HomeMy WebLinkAboutPC Res 09-29 - 2009-07-22
RESOLUTION NUMBER 09-29
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A RESOLUTION OF THE PLANNlNG COMMISSION OF THE
CITY OF SEAL BEACH EXP ANDING THE HOURS OF
OPERATION, AND EXTENDING THE PROBATIONARY
PERIOD FOR CONDITIONAL USE PERMIT 08-3, BY THREE
MONTHS FOR AN EXISTING RETAIL WINE STORE AT 302
MAIN STREET (MAIN STREET WINE CELLAR).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On June 22, 2009, Randy Maddix filed an application for an
Indefinite Extension of Conditional Use Permit 08-3 with the Department of Development
Services.
Section 2. The applicant is requesting approval to allow a Type 42 ABC
license (On-sale beer and wine - public premises); and for an expansion of operating hours at
302 Main Street (Main Street Wine Cellar).
Section 3. Pursuant to 14 Calif. Code of Regs. 9 15301 and 91I.B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for CUP 08-
3(IE) for the requested land use entitlements for the proposed use is categorically exempt from
review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs.
9 15305 (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.
Section 4. A duly noticed public hearing was held before the Planning
Commission on July 22, 2009, to consider the application for Conditional Use Permit 08-3(IE).
At the public hearing, the Planning Commission received written and oral evidence on the
proposed project.
Section 5.
The record of the public hearing of July 22, 2009 indicates the
following:
(a) On June 22, 2009, Randy Maddix filed an application with
the Department of Development Services for Conditional Use Permit 08-3(IE), requesting
approval to allow a Type 42 ABC license (On-sale beer and wine - public premises); and an
expansion of operating hours at 302 Main Street (Main Street Wine Cellar).
(b)
assessor's parcel # 043-113-14.
The subject property is described as Orange COlmty
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
July 22, 2009
(c) The existing wine store area is 1,865 square feet in size and
is proposed to accommodate approximately 23 seats at tables and an additional 11 seats at a wine
tasting bar area located along the northern interior wall of the wine store. The main retail and
tasting area comprises the front 40 feet of the building space. The restroom, storage, and cleanup
areas are proposed to be located in the rear 28 feet of the subject building space and occupy
approximately 800 square feet, leaving approximately 1,065 square feet of sale, display and wine
bar area (57% of the building area).
(d) The subject property is a trapezoidal shaped property
having 110 feet of frontage on Main Street and 78 feet of frontage along the City-owned parking
lot that is located to the south of the subject property, containing approximately 8,362 square
feet. The subject tenant space has 29 feet of frontage along Main Street. The property is
developed with existing single-story retail buildings that contains a total of approximately 6,500
square feet of leasable space, including the 1,865 square foot wine store, a 1,500 square foot
mattress sales store, the existing 1,500 square foot Abbey Restaurant, and the existing 1,500
square foot Furnace Board Shop, a skateboard/clothing goods store.
(e) The subject property has received the following approvals
from the City:
D CUP 08-3 was approved by the Planning Commission on July 9, 2009, for a retail
wine store and wine bar with certain restrictions on beer and food service.
D CUP 06-2 was approved by the Planning Commission on January 18, 2006, for a
retail wine store offering wine sales, tasting, and personalized, private labeled wine
produced on the premises. An Indefinite Extension for CUP 06-2 was approved by
the Planning Commission on June 20,2007.
D CUP 05-14 was approved by the Planning Commission on December 7, 2005 for a
restaurant at this same location without the ability to offer alcohol with food
service, and that applicant has determined to not proceed with the project as
approved by the Planning Commission.
D CUP 73-10, CUP 75-2, CUP 78-17, and CUP 80-4 were all approved by the
Planning Commission for on sale beer and wine licenses in conjunction with the
operation of the Mandarin Garden Restaurant, now The Abbey, at 306 Main Street,
by the adoption of Planning Commission Resolutions 791, 897, 1169, and 1204
respectively. This business is located on the same property as the proposed
restaurant.
o Minor Plan Reviews 67-16, 73-9, 73-13, and 76-21 were all approved by the
Planning Commission for various sign requests for the subject property affecting all
of the various business operators, by the adoption of Planning Commission
Resolutions 177, 770, 801, and 1032 respectively
(f) The nearest residential property is located to the northeast
ofthe property, across the alley to the rear ofthe subject property and easterly of the Main Street
alley, approximately 100 feet from the subject premises.
(g) The surrounding land uses and zoning are as follows:
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cella1~
July 22,2009
D NORTH, SOUTH, EAST and WEST - Retail businesses in the Main Street
Specific Plan (MSSP) Zone.
D NORTHEAST - Residential uses in the Residential High Density (RHD) Zone.
(h) Lieutenant Bob Mullins with the Seal Beach Police
Department has reviewed the application and has no reservations or concerns regarding the
subject requests.
(i) At the Planning Commission hearing of July 9, 2009, the
Commission received public testimony and comments, and approved the Conditional Use Permit
with the conditions that beer sales and hours of operation be restricted.
Section 6. Between October 2008 and June 2009, the City has received
complaints from residents that the business was operating outside of their approved hours of
operation. Staff subsequently sent and hand delivered letters to the business owner reminding
the owner of the approved hours of operation and the need to adhere to them.
Section 7. On July 22, 2009, at a duly noticed public hearing, the Planning
Commission considered the application for CUP 08-3(IE) and after considering all public
testimony and comments determined to expand the existing hours of operation and extend the
probationary period for CUP 08-3(IE) for an additional three (3) months.
Section 8. Based upon the facts contained in the record, including those stated
in 94 of this resolution and pursuant to 99 18-1250,28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 08-3(IE), as proposed to be
conditioned relating to business operations regarding alcohol sales, and the restriction of beer
sales and hours of operation, 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 property and permits the on-premise and off-premise sale of wine, 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 based on the
following:
(1) The existing wine bar and retail wine store is a
positive addition to the commercial character of Main Street, provides services to the residents of
the community and visitors to the City, while providing an additional retail sales option on Main
Street.
(2) The existing wine bar and retail wine store is in
conformance with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
July 22, 2009
o Provision of transparent storefronts with views into shops, offices, and
restaurants;
o Eclectic architecture without national trademark buildings; and
o Building facades limited to 35-50 feet in width.
(3) The existing wine bar and retail wine store
reinforces the above identified urban design factors specified in the Main Street Specific Plan
and further complies with the provisions of Section 28-1253.A.l, 28-1253.AA, and Section 28-
1253.A.6., which discusses transparency of store fronts; fa9ade setbacks, and fa9ade width and
appearance of interconnecting buildings.
(4) The existing wine bar and retail wine store area of
1,865 square feet requires the provision of 2 additional off-street parking spaces, or the payment
of an additional in-lieu parking fee of $3,500.00 per space in accordance with the provisions of
Section 28-1256 of the Main Street Specific Plan Zone standards. The total 'in-lieu" fee that has
been previously paid for the wine bar and retail wine store use by the applicant is $7,000.00.
(5) The existing use of the subject premises as a wine
bar and retail wine store is compatible with the surrounding neighborhood given the existing
concentration of alcohol licenses within the "Old Town" area of the City, as set forth in the
Planning Commission Staff Report.
(b) The existing use, as conditioned regarding business
operations by the City and by the State Department of Alcoholic Beverage Control, is consistent
with the intent and purpose and vision established for the Main Street Specific Plan based on the
following:
(1) The provision of a wine bar and retail wine store is
in conformance with several urban design factors that are identified within the adopted Main
Street Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-
1250 through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o
Provision of transparent storefronts with views into shops, offices, and
restaurants;
Eclectic architecture without national trademark buildings; and
Building facades limited to 35-50 feet in width.
(2) The existing wine bar and retail wine store
reinforces these identified urban design factors specified in the Main Street Specific Plan and
further complies with the provisions of Section 28-1253.A.l, 28-1253.AA, and Section 28-
1253.A.6., which discusses transparency of store fronts; fa9ade setbacks; and fa9ade width and
appearance of interconnecting buildings.
(3) The existing wine bar and retail wine store is
located within a Census Tract, 995.12, that has been identified by the State Department of
Alcoholic beverage Control as being over-concentrated. The issuance of a Type 42 (On-sale
beer and wine - public premises) license by the Department of Alcoholic Beverage Control is
compatible with the goals and policies of the Main Street Specific Plan, based on the limitations
ofthe applicable operating license from the Department of Alcoholic Beverage Control.
o
o
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
July 22, 2009
(c) The building and property at 302 Main St. are adequate in
size, shape, topography and location to meet the needs of the proposed use of the property, as
proposed to be conditioned based on the following:
(1) The existing wine bar and retail wine store location
is blocked by the mass of the existing I-story and 2-story commercial buildings located adjacent
to the subject property and therefore noise impacts to the residential neighborhood to the east
would not be expected to be adverse from the business functions.
(2) The existing wine bar and retail wine store area is
1,865 square feet in size and accommodates approximately 23 seats at tables and an additionall1
seats at a wine tasting bar area located along the northern interior wall of the wine store. The
main retail and tasting area comprises the front 40 feet of the building space. The restroom,
storage, and cleanup areas are proposed to be located in the rear 28 feet of the subject building
space and occupy approximately 800 square feet, leaving approximately 1,065 square feet of
sale, display and wine bar area (57% of the building area) .
(3) The subject property is a trapezoidal shaped
property having 110 feet of frontage on Main Street and 78 feet of frontage along the City-owned
parking lot that is located to the south of the subject property, containing approximately 8,362
square feet. The subject tenant space has 29 feet of frontage along Main Street. The property is
developed with existing single-story retail buildings that contains a total of approximately 6,500
square feet of leasable space, including the existing l,865 square foot wine store, a 1,500 square
foot mattress sales store, the existing 1,500 square foot Abbey Restaurant, and the existing 1,500
square foot Furnace Board Shop, a skateboarding/clothing goods store.
(d) Required adherence to applicable building and fire codes
ensures there will be adequate water supply and utilities for the proposed use based on the
following:
(1) The existing wine bar and retail wine store is
required to comply with all standard building, fire, and health code provisions for the proposed
uses of the subject property.
(2) The applicants were required to pay an in-lieu
parking fee of $7,000.00 in accordance with the provisions of Section 28-1256 prior to granting
of the CUP Indefinite Extension for the existing wine bar and retail wine store.
(e) The existing 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 based on the following:
(1) The existing wine bar and retail wine store will
serve both residents and visitors of Seal Beach.
(2) The existing wine bar and retail wine store will
exclude the sale of beer, ale, and other malt beverages.
(3) The existing wine bar and retail wine store location
is blocked by the mass of the existing I-story and 2-story commercial buildings located adjacent
to the subject property and therefore noise impacts to the residential neighborhood to the east
would not be expected to be adverse from the business functions.
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
July 22, 2009
(4) The existing wine bar and retail wine store is
located within a Census Tract, 995.12, that has been identified by the State Department of
Alcoholic Beverage Control as being over-concentrated. The issuance of a Type 42 (On-sale
beer and wine - public premises) license by the Department of Alcoholic Beverage Control is
compatible with the goals and policies of the Main Street Specific Plan, based on the limitations
of the business operation imposed under the terms of the applicable operating license from the
Department of Alcoholic Beverage Control.
(t) The use will contribute to the unique character of Main
Street and the qualities that provide Main Street a sense of identity based on the following:
(1) The existing wine bar and retail wine store will
comply with several urban design factors that are identified within the adopted Main Street
Specific Plan and the resulting Main Street Specific Plan Zone, as set forth in Sections 28-1250
through 28-1257 of the Seal Beach Municipal Code. The applicable urban design factors
include:
o
o
o
Provision oftransparent storefronts with views into shops, offices, and restaurants;
Eclectic architecture without national trademark buildings; and
Building facades limited to 35-50 feet in width.
(2) The existing wine bar and retail wine store
reinforces these identified urban design factors specified in the Main Street Specific Plan and
further complies with the provisions of Section 28-1253.A.l, 28-1253.A.4, and Section 28-
1253.A.6., which discusses transparency of store fronts; fa9ade setbacks; fa9ade width; and
appearance of interconnecting buildings.
(3) The existing use of the subject premises as a wine
bar and retail wine store is compatible with the surrounding neighborhood given the existing
concentration of alcohol licenses within the "Old Town" area of the City, as set forth in the
Planning Commission Staff Report.
(g) The existing use has, to date, not complied with all
conditions placed on CUP 08-3. Specifically, the wine bar and retail wine store has been
operating outside of its approved hours of operation.
Section 9. Based upon the foregoing, the Planning Commission hereby
expands the existing hours of operation to 11:00 AM to 10:00 PM daily; and extends the
probationary period for Conditional Use Permit 08-3 for an additional three (3) months, subject
to the following conditions:
1. Conditional Use Permit 08-3 is approved for a Type 42 ABC License, "On-sale beer &
wine - public premises" license designation as approved by the State of California
Department of Alcoholic Beverage Control. Said license shall not allow for a bona fide
eating place on said premises.
2. The applicant shall comply with all restrictions placed on the license issued by the State
of California's Department of Alcoholic Beverage Control (ABC).
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
July 22, 2009
3. All alcoholic beverages sold or consumed on the premises shall be in accordance with the
license terms of the Alcohol Sales License issued by the State of California Department
of Alcoholic Beverage Sales. Consumption of alcoholic beverages is prohibited outside
the establishment's enclosed building space. There shall be posting of signs both inside
and outside the licensed premises indicating that law prohibits drinking outside the
licensed premises.
4. There shall be no signs posted inside the windows. facing outward or outside of the
building indicating the sale or availability of alcohol.
5. There shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from within the building, promoting or indicating the availability of
alcoholic beverages. Appetizer menus shall not indicate the availability of beer for sale
on the premises.
6. The sale of draught beer shall be prohibited.
7. Beer sales shall not exceed 10% of total alcoholic beverage sales.
8. Food served in conjunction with the business operation shall be limited to
appetizers/snacks/finger foods. Entree-type food shall be prohibited.
9. It shall be the responsibility of the applicant/licensee to provide aU employees that sell or
serve alcoholic beverages with the knowledge and skill enabling them to comply with
their responsibilities under State of California law.
10. The knowledge and skills deemed necessary for responsible alcoholic beverage service
shall include, but not be limited to the following topics and skills development:
o State law relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence, hours
oflegal operation and penalties for violation ofthese laws.
o 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 the excessive consumption of alcoholic beverages.
o Alcohol as a drug and its effects on the body and behavior, including the operation of
motor vehicles.
o Methods of dealing with intoxicated customers and recognizing under age customers.
11. The following organizations provide training programs, which comply with the above
criteria:
o Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone:(714) 558-4101
Date: I se Monday of each month
Time: 10:00 a.m. to 1 :30 p.m.
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cella1~
July 22,2009
Cost:
Place:
Free
ABC, 28 Civic Center Plaza, Santa Ana
o Provider: Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Program: Serving Alcohol Responsibly (BARCODE)
Telephone:(714) 834-2860 * Karen Keay
Date: They will schedule appointments
Cost: $12.95 per person
12. The hours of operation shall be:
o 11:00 AM to 10:00 PM Daily
13. No video games or similar amusements shall be permitted on the premises unless a
separate conditional use permit is approved for that use.
14. 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.
15. 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.
16. The establishment shall comply with Chapter 7.15, "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 7.15.
17. 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.
18. A modification of this CUP shall be applied for when:
a. The establishment proposes to change its type ofliquor license.
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
estab lishment.
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
July 22, 2009
19. 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.
20. This CUP 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 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.
21. The term of this permit shall be three (3) months from the date of approval by the
Planning Commission. At the end of this three (3) month term, the applicant may once
again apply for an indefinite extension of CUP 08-3. The commission may grant an
indefinite extension provided that all the conditions of approval have been met, the
business has stringently adhered to its permitted hours of operation as defined by this
resolution, and no significant police or other problems have occurred. The applicant is
hereby advised that a new application and accompanying fee must be paid to the city
prior to consideration of an indefinite extension.
22. The applicant shall prominently display these Conditions of Approval in a location within
the businesses' customer area that is acceptable to the Director of Development Services.
23. 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.
24. Failure to comply with any of these conditions may result in the revocation of this
Conditional Use Permit.
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Planning Commission Resolution No 09-29
Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
July 22, 2009
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 22nd day of July 2009 by the following vote:
AYES: Commissioners Deaton, Bello, Larson, and Massa-Lavitt
NOES: Commissioners None
ABSENT: Commissioners Eagar
ABSTAIN: Commissioners None
~wut4A1upbm2
. Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commission
*****
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