HomeMy WebLinkAbout2 - CUP 11-01 133 Main St (Angelo's Italian Deli)U
March 2, 2011
To: Honorable Chair and Planning Commission
From: Department of Development Services
Subject: Conditional Use Permit 11 -1
133 Main Street (Angelo's Italian Deli)
GENERAL DESCRIPTION
Ilcant: ANGELO MARCIULIANO
INNOMINATE, LLC
Location: 133 MAIN STREET
V
Classification of Property: MAIN ST. SPECIFIC PLAN ZONE (MSSP)
Request: FOR THE ADDITION OF A TYPE 41 (ON -SALE BEER & WINE —
EATING PLACE) ABC LICENSE TO THE EXISTING TYPE 20 (OFF -
SALE BEER AND WINE)
Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW AND IS IN ACCORDANCE WITH THE PROVISIONS OF THE
MAIN STREET SPECIFIC PLAN, ADOPTED IN ACCORDANCE WITH
NEGATIVE DECLARATION 96 -1
Code Sections: 11.2.10.010; 11.4.05.015; AND 11.5.20
Recommendation: PER CITY COUNCIL RECOMMENDATION, STAFF IS NEUTRAL ON
THE GRANTING OF THE TYPE 41 ABC LICENSE; THE
COMMISSION MAY EITHER APPROVE OR DENY CUP 11 -1,
THROUGH THE ADOPTION OF PLANNING COMMISSION
RESOLUTION 11 -3.
Z: \Conditional Use Permits \CUP 11 -1 133 Main Street (Angelo's Italian Deli) \CUP 11 -1 133 Main Street PC Staff Report.doc
Pla ng Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
® On February 9, 2011, Angelo Marciuliano ( "the applicant ") filed an application with
the Department of Development Services for Conditional Use Permit (CUP) 11 -1.
The subject property is described as Orange County assessor's parcel # 199 -034-
07.
is The existing deli is approximately 1,470 square feet in size and the submitted floor
plan shows 9 seats at 3 tables near the business entrance.
IM The subject lease space for the business shows an approximately 25' -6" by 58,4,
area. The property is developed with an existing single -story retail building fronting
Main Street.
® Previous approvals from the City for the subject property include:
a CUP 03 -3: For the off - premise sale of Beer and Wine; and the
operation of a walk -up /take -out restaurant with a maximum of 10 seats.
® The nearest residential properties are located to the rear of the subject premises,
west of the alley to the rear of the property, approximately 100 feet from the
business.
13 The surrounding land uses and zoning are as follows:
• NORTH, SOUTH, and EAST — Retail businesses in the Main Street
Specific Plan (MSSP) zone.
• WEST — Residential uses in the Residential High Density (RHD) zone
® Captain Tim Olson with the Seal Beach Police Department has reviewed the
application and has stated that there have been no calls for service at the business
location, but has expressed concern about the potential for the business becoming
more of a bar than a delicatessen and grocery.
e As of February 24, 2011, the Planning Department has not received any comments
or responses to the public hearing notices published and mailed regarding this
application.
CUP 11 -1 133 Main Street PC Staff Report 2
Pla ng Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
DISCUSSION
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The applicant is requesting a Conditional Use Permit (CUP) to add a Type 41 (Beer &
Wine — Eating Place) ABC license to their existing Type 20 (Beer & Wine — Off -sale)
license at 133 Main Street. The existing business was previously granted a CUP for
their current license in 2003. This CUP was granted an Indefinite Extension in
September 2005. Since the alcohol permit was granted, Staff is unaware of any
problems resulting from the sale of alcohol at this location.
The Main Street Specific Plan allows for on- premise and off - premise alcohol sales,
subject to approval of a Conditional Use Permit. The use must be found consistent with
the following findings, as specified in the Zoning Ordinance:
❑ The use is consistent with the provisions of the City's General Plan, and 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.
❑ The use is compatible with surrounding uses and the community in general, and
is not detrimental to the neighborhood.
❑ The subject property is adequate in size, shape, topography and location to meet
the needs of the use of the property.
❑ Required adherence to applicable building and fire codes ensures there will be
adequate water supply and utilities for the use.
❑ The use is consistent with the intent and purpose and vision established for the
Main Street Specific Plan.
• The 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 Main Street a sense of identity.
❑ The use complies with all applicable City Council Policies, such as the policies
the Council has adopted concerning alcohol uses.
The above findings direct the determinations of the Planning Commission regarding the
approval of the Conditional Use Permit. The Commission would need to make
affirmative findings to support each of the above criteria if it determines to grant the
subject request.
The existing business is primarily a delicatessen and specialty grocery store, a use that
is unique on Main Street.
The subject property is legally nonconforming due to inadequate parking. There is a
small parking lot behind the establishment that is shared between several businesses
and as such, does not meet the total parking demand of any individual business. Staff
CUP 11 -1 133 Main Street PC Staff Report 3
Plat/ g Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
believes that the subject request would not result in an additional demand for parking,
since the basic nature of the business will remain unchanged.
Per MSSP requirements, the maximum permitted operating hours would be from 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, and the current CUP for the business conforms to these
operating hours. Staff is unaware of any complaints of adverse noise impacts from the
business, and they presently do not stay open beyond 8:00 p.m. any night of the week.
Overconcentration of alcoholic beverage licenses:
Overconcentration of alcoholic beverage licenses has been an issue within the city in
the past, particularly in areas with high crime reporting districts. The State's Alcoholic
Beverage Control Act, Regulation 61.3, says that if an area has both high crime and an
over concentration of ABC licenses, ABC can automatically deny an application for a
liquor license. Several years ago, the City's Police Chief made a request to ABC that
the City be placed under Regulation 61.3. The purpose of this request was to give ABC
a basis on which to deny a license request. However, a City may approve a CUP
application in an over concentrated area if it so desires.
ABC calculates the total number of ABC licenses in Orange County and divides the
total County population by the number of ABC licenses to determine a ratio of licenses
per capita. ABC then takes the latest US Census population statistics for the Census
Tract in which a license is to be placed and compares it with the ratio of a number of
people per license. If there are more licenses than the number allowed, the ABC
considers that census tract over concentrated. The current ratio (based on the last
available census data) is 1 on -sale license per 952 people in a census tract, and 1 off
sale license per 1,751 people.
Based on the information available to Staff, the following data was gathered regarding
Census Tract 995.11, the tract in which the subject property is located, and Census
Tract 995.12. Census Tract 995.11 encompasses "Old Town" southerly of Electric
Avenue, Fifth Street and Marina Drive, while Census Tract 995.12 encompasses "Old
Town" northerly of that boundary up to Pacific Coast Highway.
The following table indicates the current ABC licensing regulations and permits issued
for both Census Tract Areas:
Census
Tract
Population
2000
On Sale
Allowed
On Sale Current
Licenses
Off Sale
Allowed
Off Sale Current
Licenses
995.11
3,416
4
16
2
3
995.12
2,766
3
14
2
4
Total
6,182
7
30
4
7
CUP 11 -1 133 Main Street PC Staff Report 4
Plan ing Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
The licensed off -sale establishments in Census Tracts 995.11 and 995.12 are:
❑ Seal Beach Liquor, 112 Main Street (Tract 995.11)
❑ Angelo's Italian Deli, 133 Main Street (Tract 995.11)
• Dolphin Market, 1430 Ocean Avenue (Tract 995.11)
• 7- Eleven, 1200 Pacific Coast Highway (Tract 995.12)
• Marina Liquor, 412 Marina Drive (Tract 995.12), and
• West Beach Liquor, 462 Pacific Coast Highway (Tract 995.12)
• Bay Liquor, 1780 Pacific Coast Highway (Tract 995,12)
The licensed on -sale establishments in Census Tracts 995.11 and 995.12 are:
❑ River's End Caf6, 15 First Street (Tract 995.11)
❑ Seaside Grill, 101 Main Street, Suite O (Tract 995.11)
• Clancy's Saloon, 111 Main Street (Tract 995.11)
• Taco Surf, 115 Main Street (Tract 995.11)
❑ Thai on Main, 117 Main Street (Tract 995.11)
• Irisher, 121 Main Street (Tract 995.11)
• Beachwood BBQ, 131 Main Street (Tract 995.11)
• Old Town Cafe, 137 Main Street (Tract 995.11)
❑ O'Malleys, 140 Main Street (Tract 995.11)
• Hennessey's Tavern, 143 Main Street (Tract 995.11)
• Walt's Wharf, 201 Main Street (Tract 995.11)
❑ Woody's Diner, 209 Main Street (Tract 995.11)
• Nick's Deli, 223 Main Street (Tract 995.11)
• Ruby's (at the Pier), 900 Ocean Avenue (Tract 995.11)
• Kinda Lahaina Restaurant, 901 Ocean Avenue (Tract 995.11)
• El Burrito Jr., 909 Ocean Avenue (Tract 995.11)
• Main Street Wine Cellar, 302 Main Street (Tract 995.12)
❑ Athens West, 303 Main Street (Tract 995.12)
❑ The Abbey, 306 Main Street (Tract 995.12)
❑ Three Twenty Main, 320 Main Street (Tract 995.12)
❑ Cafe Lafayette, 330 Main Street (Tract 995.12)
❑ Patty's Place, 550 Pacific Coast Highway #104 (Tract 995.12)
❑ Yucatan Grill, 550 Pacific Coast Highway #111 (Tract 995.12)
❑ Restaurant Koi, 600 Pacific Coast Highway #A (Tract 995.12)
❑ Thai Cuisine, 600 Pacific Coast Highway #108 (Tract 995.12)
❑ Finbar's Italian Kitchen, 620 Pacific Coast Highway (Tract 995.12)
❑ Kamikaze Sushi, 1013 Pacific Coast Highway (Tract 995.12)
❑ Blackboard Bistro, 1198 Pacific Coast Highway #A (Tract 995.12)
❑ Mahe Restaurant, 1400 Pacific Coast Highway (Tract 995.12)
❑ Dave's Other Place, 1500 Pacific Coast Highway (Tract 995.12)
CUP 11 -1 133 Main Street PC Staff Report 5
Planning Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
Approving Alcohol Licenses in Overconcentrated Areas
Staff would like to point out that merely being overconcentrated does not automatically
necessitate denial of a new ABC license request. ABC reserves the right to
automatically deny a request in an overconcentrated area, but individual cities are left
with the ability to analyze individual applications as they arise and make decisions
based on the individual circumstance.
Staff is aware that new liquor licenses have been an issue along Main Street in the
past, particularly with the street's close proximity to residential neighborhoods. The
Main Street Specific Plan sets forth the general vision for the district, saying: "The vision
for Main Street is small town America. Important features include a family town with
friendly people who care for each other." The specific plan goes on to say "Part of Seal
Beach's old town charm is the close proximity of its residential development to the
commercial establishments. This arrangement is highly desirable."
There is obviously a balance between the existence of restaurants, off - premise alcohol
sales uses, and other visitor and locally serving businesses within the Main Street
Specific Plan area, and the purpose of consideration of alcohol requests through the
Conditional Use Permit process is the mechanism the City has chosen to evaluate this
type of land use request.
The issue of noise and other effects of overconcentration is worthy of note in this regard
as well. Much of the fear regarding overconcentration comes from the fear that
excessive noise, calls for police services, or other ill effects will result as a result of the
new application. This is the thrust behind regulation 61.3 detailed above. However,
this regulation gives cities the autonomy to analyze the applications on a case by case
basis. In this case, the applicant seeks the ability to allow customers who choose to
consume food on the premises, of enjoying beer or wine with their meals. Staff
believes that because of the present limitation in seating area (10 seats or less) for the
business, the subject request is not anticipated to generate excessive noise concerns,
based on typical clientele of such businesses, or other operation - related impacts to the
adjacent commercial and residential land uses.
In December 2005, the City Council directed Planning Staff to take a more neutral
position when making recommendations for alcohol licenses within the Main Street
Specific Plan area.
H MMENDATION
The Planning Commission, after considering all relevant testimony, written or oral,
presented during the public hearing, may either approve or deny the subject request for
a Type 41 ABC license.
CUP 11 -1 133 Main Street PC Staff Report 6
Pla ng Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
The Commission determination to approve or deny the subject request must be based
upon the following considerations:
❑ Is Conditional Use Permit 11 -1, as it may be proposed to be conditioned
regarding business operations, 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 off - premise and on-
premise alcoholic sales subject to the issuance of a conditional use permit?
❑ Is Conditional Use Permit 11 -1 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?
❑ Is the proposed request, as may be proposed to be conditioned regarding
business operations, consistent with the intent and purpose and vision
established for the Main Street Specific Plan?
❑ Is the building and property at 133 Main Street adequate in size, shape,
topography and location to meet the needs of the proposed use of the property,
as proposed to be conditioned?
❑ Is the required adherence to applicable building and fire codes sufficient to
ensure there will be adequate water supply and utilities for the proposed
request?
❑ Would the proposed request 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?
❑ Will the proposed request contribute to the unique character of Main Street and
the qualities that provide Main Street a sense of identity?
❑ Will the proposed request comply with all applicable City Council Policies, such
as the policies the Council has adopted concerning alcohol uses?
Suggested Conditions of Approval if the Planning Commission moves to approve
Conditional Use Permit 11 -1 for the addition of a Type 41 ABC license at 133 Main
Street:
If the Planning Commission determines it can make affirmative findings for the above
items of consideration and wishes to grant the CUP, Staff would then prepare the
appropriate resolution for this request, including the imposition of the following
conditions for on- premise alcohol sales; as well as any additional conditions deemed
appropriate in conjunction with the business:
CUP 11 -1 133 Main Street PC Staff Report 7
Planning Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
1. Conditional Use Permit 11 -1 is approved for a Type 41 ABC License, "On -sale
Beer & Wine — eating place" license designation as approved by the State of
California Department of Alcoholic Beverage Control. Said license shall be in
addition to the existing Type 20 ABC license (Off -sale Beer & Wine) 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).
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 advertisements on the premises indicating the availability of
beer, and any menus shall also not indicate the availability of beer for sale on the
premises.
5. There shall be no more than ten (10) total seats within the business at any time
for patrons wishing to eat meals on the premises.
6. Outdoor seating for the purpose of consumption of meals is prohibited.
7. There shall be no live entertainment, amplified music, or dancing permitted on
the premises.
8. The sale of draught beer on the premises is prohibited.
9. The business premises are to remain primarily as a delicatessen and specialty
grocery store, with the majority of sales coming from delicatessen, grocery, and
prepared food items.
10. A maximum of 20% of the total floor area of the delicatessen /specialty grocery
store shall be dedicated to the sale of beer and wine.
11. There shall be no fixed bar on the premises for the purpose of consumption of
food or beverage.
12. Unless otherwise superseded by this Conditional Use Permit, the conditions of
CUP 03 -3 shall remain in effect.
CUP 11 -1 133 Main Street PC Staff Report 8
Pla`nn�ing Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
13. It shall be the responsibility of the applicant/licensee to provide all employees
that sell or serve alcoholic beverages with the knowledge and skill enabling them
to comply with their responsibilities under State of California 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:
❑ 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.
❑ 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.
❑ Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
❑ Methods of dealing with intoxicated customers and recognizing under age
customers.
15. The following organizations provide training programs, which comply with the
above criteria:
❑ Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558 -4101
Date: 1 stt Monday of each month
Time: 10:00 a.m. to 1:30 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Santa Ana
❑ 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
16. The hours of operation shall be:
❑ 8:00 a.m. to 8:00 p.m., seven days a week.
17. No video games or similar amusements shall be permitted on the premises
unless a separate conditional use permit is approved for that use.
18. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments shall remove trash
CUP 11 -1 133 Main Street PC Staff Report 9
PlaU g Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
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.
19. 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.
20. 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.
21. 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.
22. A modification of this CUP shall be applied for when:
a. The establishment proposes to change its type of liquor 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 establishment.
23. 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.
24. 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.
25. The term of this permit shall be one (1) year from the date of Planning
Commission approval of the new Type 41 license. At the end of the initial term,
the applicant may apply for an indefinite extension of CUP 11 -1. The commission
may grant an indefinite extension provided that all the conditions of approval
CUP 11 -1 133 Main Street PC Staff Report 10
U Pla ing Commission Staff Report
Conditional Use Permit 11 -1
133 Main Street
March 2, 2011
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 paid to the city prior to consideration of an indefinite extension.
26. 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.
27. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
Based on the determinations of the Commission, Staff will prepare the appropriate
Resolution for consideration by the Planning Commission on March 16, 2011.
I
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Manner
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Attachments (3):
Attachment 1: Application
Attachment 2: Resolutions 04 -52 and 05 -42 pertaining to CUP 03 -3
Attachment 3: Project Plans
CUP 11 -1 133 Main Street PC Staff Report 11