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HomeMy WebLinkAbout2 - Resolution 11-3 CUP 11-1 (Angelo's italian Deli)To: Planning Commission From: Jerry Olivera, AICP — Senior Planner Date: March 16, 2011 Re: Resolution 11 -3 for CUP 11 -1 MEMO At the Planning Commission meeting of March 2, 2011, the Planning Commission approved CUP 11 -1 for a Type 41 ABC license (On -sale Beer & Wine) at 133 Main Street (Angelo's Italian Deli). Since Staff did not have a prepared resolution of approval at that meeting, Staff is now returning with the subject resolution for the Commission's consideration. RESOLUTION NUMBER 11 -3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITONAL USE PERMIT 11 -1 FOR THE ADDITION OF A TYPE 41 ABC LICENSE (ON -SALE BEER & WINE - EATING PLACE) TO THE EXISTING TYPE 20 ABC LICENSE (OFF - SALE BEER & WINE) AT 133 MAIN STREET (ANGELO'S ITALIAN DELI) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 9, 2011, Angelo Marciuliano (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit 11 -1 requesting the addition of a Type 41 ABC license (On -sale Beer & Wine — Eating place) to the existing Type 20 ABC license (Off - sale Beer & Wine) at 133 Main Street. Section 2. Pursuant to 14 Calif. Code of Regs. § 15301, staff has determined as follows: The application for CUP 11 -1 for the requested Type 41 ABC license is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 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 3. A duly noticed public hearing was held before the Planning Commission on March 2, 2011, to consider the application for CUP 11- 1. At the public hearing the Planning Commission received evidence and testimony regarding said application. Section 4. The record of the hearing of March 2, 2011, indicates the following: (a) On February 9, 2011, Angelo Marciuliano (the "applicant ") filed an application with the Department of Development Services for Conditional Use Permit 11 -1. Specifically, the applicant is requesting to add a Type 41 ABC license (On -sale Beer & Wine — eating place) to the existing Type 20 ABC license (Off -sale Beer & Wine) in conjunction with an existing delicatessen and specialty grocery store. (b) The subject property is described as Orange County assessor's parcel # 199 - 034 -07. (c) The existing delicatessen and grocery is approximately 1,470 square feet in size and the submitted floor plan shows 9 seats at 3 tables near the business entrance. (d) The subject lease space for the business shows an approximately 25' -6" by 58' -0" area. The property is developed with a single -story retail building fronting Main Street. subject property include: (e) Previous approvals from the City for the ® CUP 03 -3: For the off - premise sale of Beer & Wine; and the operation of a walk -up /take -out restaurant with a maximum of 10 seats. (f) The nearest residential properties are located to the rear of the subject property, approximately 100 feet from the rear of the business. (g) 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. (h) 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. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 11.2.10.010; 11.4.05.015; and 11.5.20 of the City's Zoning Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 11 -1, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" land use designation for the subject property and permits restaurants with alcohol licenses, 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 use is consistent with the General Plan. (b) The existing and proposed uses, as conditioned, are consistent with the intent and purpose and vision established for the Main Street Specific Plan. (c) The building and property at 133 Main St. are adequate in size, shape, topography, and location to meet the needs of the existing and proposed uses of the property, as conditioned. (d) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the existing and proposed uses. (e) The existing and proposed uses do 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. (f) The existing and proposed uses contribute to the unique character of Main Street and the qualities that provide Main Street a sense of identity. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 11 -1, subject to the following conditions: 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 interior or exterior advertisements on the premises indicating the availability of beer and wine that are specifically directed toward the exterior of 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. 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 se 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 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 Part V of Title 11 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 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa - Lavitt Chairwoman, Planning Commission Mark Persico, AICP Secretary, Planning Commission