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CC RESOLUTION 4502RESOLUTION NO. 450? A RESOLUTION OF THE CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -713 AND CONDITIONAL USE PERMIT NO. 06-06 TO ALLOW WINE TASTING EVENTS (A BAR USE) IN AN EXISTING RETAIL STORE LOCATED AT 404 MAIN STREET. The City Council of the City of EI Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On June 2, 2006, Christina Yoon fled an application for Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 to allow wine tasting events (a bar use) at 404 Main Street, B Christina Yoon's application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "), C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993), D. The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 11, 2007, E On January 11, 2007, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by Johnny Yoon, F The Commission considered the information provided by City staff, public testimony, and Christina Yoon's representatives. The Planning Commission subsequently adopted Resolution No 2616, recommending that the City Council approve Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 to allow wine tasting events in an existing retail store located at 404 Main Street, and its findings, are made based upon the evidence presented to the Commission at its January 11, 2007 hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department, Page 1 of 9 G On February 6, 2007, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Council by Johnny Yoon, representing the applicant, and H The City Council considered the information provided by City staff, and public testimony This Resolution, and its findings, are made based upon the evidence presented to the City Council at its February 6, 2007 hearing and the Planning Commission on January 11, 2007 including, without limitation, the staff report submitted by the Department of Planning and Building Safety SECTION 2. Factual Findings The Council finds that the following facts exist- A The subject site is located in the Downtown Specific Plan area, B The surrounding land uses consist of commercial uses to the north, south and west and single and multi -family residential units to the east; C The subject site is a rectangular lot, measuring 75 feet wide by 140 feet deep, totaling 10,500 square feet; D The subject site is currently developed with an existing liquor store and three other commercial retail businesses, E Twenty -five parking spaces are provided on site, F Vehicular access to the existing liquor store is from the public alley located at the rear of the property, G. The proposed wine tasting activities would be incidental to the existing liquor store retail sales business, and H The proposed wine tasting activities will take place within a 170 square foot area within the existing liquor store SECTION 3 Environmental Assessment Because of the facts identified in Section 2 of this Resolution, the City Council determines that the proposed project is categorically exempt from additional environmental review pursuant to CEQA Guidelines § 15301, as the operation of an existing facility with negligible or no expansion of an existing use SECTION 4 General Plan and Zoning. The proposed project conforms with the City's General Plan and the zoning regulations in the ESMC as follows Page 2 of 9 A The Land Use Designation of the project site is Downtown Specific Plan The project conforms with Policy ED3 -1 2 in that is preserves the Downtown area's economic viability The project conforms with Policy ED3 -1 5 in that it encourages a mix or retail and commercial businesses that stimulate pedestrian traffic and meet the communities changing needs for goods and services The project also conforms with Goal LU4 Provision of a Stable Tax Base for El Segundo through commercial uses B The ESMC zoning classification for the project site is Downtown Specific Plan, which allows wine tasting events (a bar use) with approval of a Conditional Use Permit in conformance with ESMC Chapter 15 -23; C The proposed project complies with the applicable provisions of ESMC Chapter 14 -1, since proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered SECTION 5 Conditional Use Permit Findings. After considering the above facts regarding proposed Conditional Use Permit No 06 -06, the City Council finds as follows. A. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located. The proposed wine tasting within the existing liquor store is an incidental use of the premises when limited in area, time and frequency of activity. Type 42 ABC licenses are permitted within the Main Street District of the Downtown Specific Plan subject to approval of a conditional use permit B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed wine tasting within the existing liquor store is an incidental use of the premises when limited in area, time and frequency of activity City Council approval of a Conditional Use Permit is required for businesses seeking a Type 42 ABC license and located in the Main Street District Zone of the Downtown Specific Plan The location, size, design and operating characteristics of the wine tasting activity will not create conditions which may be objectionable, detrimental to the public health, safety and welfare or incompatible with other permitted uses in the vicinity Furthermore, conditions of approval are incorporated to minimize any Page 3 of 9 impacts from the proposed activity Therefore, the project will not be materially injurious to property or improvements in the vicinity C. That the proposed conditional use will comply with each of the applicable provisions of this chapter. The proposed Conditional Use Permit complies with the applicable provisions of ESMC § 15 -23 -7 since proper notification and a public hearing were provided, proper hearing decision and records will be compiled, and the required findings will be considered SECTION 6. Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 7 Approval Based upon the evidence in the record, the City Council finds that subject to the conditions listed on the attached Exhibit 'A," which are incorporated into this Resolution by reference, the City Council approves EA No 713 and CUP No 06 -06 SECTION 8 This Resolution will remain effective until superseded by a subsequent resolution SECTION 9 The City Clerk is directed to mad a copy of this Resolution to any person requesting a copy SECTION 10, This Resolution is the City Council's final decision and will become effective immediately upon adoption. , -i PASSED AND ADOPTED tt Page 4 of 9 ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No 4205 was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 6th day of February, 2007, and the same was so passed and adopted by the following vote AYES McDowell, Busch, Boulgarides, Fisher, Jacobson NOES None ABSENT None ABSTAA N % None APPROVED MARK D HE �M /MAX�jl City Attorney Page 5 of 9 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Christina Yoon, agrees to comply with the following provisions as revised conditions for the City of El Segundo's approval of Environmental Assessment No EA -713 and Conditional Use Permit No. 06 -06 ( "Project Conditions ") Zoning Conditions 1. Wine tasting activities are limited to one day per week for a maximum of 3 hours each such day Wine tasting activities are permitted between 5 00 p m and 8 00 p.m. Applicant may change the dates for wine tasting activities upon giving the Planning and Budding Safety Department ten days written notice 2 Wine tasting activities are limited to the area of the liquor store as shown on the floor plan submitted as part of the application The wine tasting area must not exceed 170 square feet of floor area 3 The number of participants must not exceed 10 persons at any one time 4 Any subsequent changes to the floor plan and areas where alcohol will be served must be reviewed and approved to the satisfaction of the Director of Planning and Budding Safety 5 Any subsequent changes to the project as approved must be referred to the Director of Planning and Budding Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 6 The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 et seq.) The applicant must obtain and maintain a Type 21 license for the liquor store for on- site sale and off -site consumption of beer, wine and distilled spirits, and a Type 42 license for occasional on -site sale and on -site consumption of beer and wine, where food would not be required for a wine tasting room 7 The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal Code of Regs. §§ 55 et seq. 8 The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership A change in project Page 6 of 9 ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the conditional use permit. 9 The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the market and parking lot Said contact's name and phone number must also be available through the market staff at all times 10. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10 ") in the wine tasting area at eye level The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver 11 "No Loitering" signs must be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee. Such signs must measure no less than seven inches by eleven inches (7" X 11 ") and the lettering must be no less than one inch (1 ") in height 12 All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol The training must be offered to new employees on not less than a quarterly basis. 13 Any and all employees hired to sell alcoholic beverages must provide evidence that they have either a Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Inglewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate; or, b Completed an accepted equivalent by the ABC, Inglewood District _Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age If any prospective employee designated to sell alcoholic beverages does not currently have such training, then, G The ABC - licensed proprietors must have confirmed with the Planning and Budding Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course d Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department Page 7 of 9 14 The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the budding premises Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one -half hour after closing. 15 If complaints are received regarding excessive noise, parking availability, lighting, budding access, and the like associated with the sale of alcohol, or wine tasting area, the city may, in its discretion, take action to review the Conditional Use Permit, including without limitation, adding conditions or revoking the permit 16 There must be signs posted at the various dining areas throughout the liquor store prohibiting the removal of alcoholic beverages from the designated wine tasting area 17 The budding must not be occupied by more persons than allowed by the California Fire Code, as adopted by the ESMC 18 A direct exit path from the wine tasting area that does not go behind the sales counter must be provided 19 Los Angeles County Health Department permits must be obtained as necessary 20. The Planning Commission must review the Conditional Use Permit 180 days from the date of the approval to verify compliance with all conditions of approval Miscellaneous Conditions 21 Christina Yoon agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No 713, Conditional Use Permit No 06 -06 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 713, Conditional Use Permit No 06 -06, Christina Yoon agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees Page 8 of 9 By signing this document, Christina Yoon, certifies that they read, understood, and agree to the Project Conditions listed In this document Christina Yoo {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P \Planning & Building Safety\PROJECTS \701 - 725 \EA - 713 \EA -713 CC reso doc Page 9 of 9