RESOLUTION NO. 23-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING MINOR Conditional Use Permit 22-197, primo food bEER AND WINE, a request to allow BEER AND WINE sales for off-site consumption located at 2801 El Camino Real WHEREAS, on June 14, 2022, an application was submitted, and completed on September 27, 2022, by Sam Assi, 2801 South El Camino Real, San Clemente, CA, 92672, for Minor Conditional Use Permit (MCUP) 22-197, a request to allow beer and wine sales for off-site consumption at a grocery/food store. The site is located in the Mixed-Use 5.0 Zone within the Affordable Housing Overlay at 2801 South El Camino Real. The site’s legal description is Lot 1 of Block 1 of Tract 900 and Assessor’s Parcel Number 060-071-10; and WHEREAS, the Planning Division completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and the Zoning Administrator determined that the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities) because the project consists of permitting and licensing alcohol sales at an existing grocery/food store involving negligible or no expansion of the use; and WHEREAS, the Development Management Team (DMT) reviewed the proposed project for compliance with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, on November 3, 2022, the Zoning Administrator of the City of San Clemente held a duly-noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties, and approved Minor Conditional Use Permit 22-197, subject to Conditions of Approval; and WHEREAS, on November 22, 2022, the City Council of the City of San Clemente held a duly-noticed public hearing and subsequently appealed the November 3, 2022 decision of the Zoning Administrator of the City of San Clemente, requesting that the Minor Conditional Use Permit 22-197 be considered by the City Council; and WHEREAS, on December 20, 2022, the City Council of San Clemente held a duly- noticed public hearing on the subject application and appeal. At that meeting, the appeal was continued by the City Council to accommodate the applicant’s request for a continuation to the February 7, 2023 City Council meeting; and WHEREAS, on February 07, 2023, the City Council of San Clemente held a duly-noticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, appellants, City staff, and other interested parties and the motion to approve failed to pass; and WHEREAS, on June 20, 2023, the City Council adopted Resolution No. ____, approving parking modifications on South El Camino Real and Avenida San Luis Rey. These parking modifications included a reduction of the red curb on South El Camino Real between Avenida San Luis Rey and Avenida Santa Inez to 50 linear feet; an installation of 60 linear feet of green curb for 20 minute limited term parking on South El Camino Real, installation of 40 linear feet of red curb at the northeast corner of Calle Del Comercio and Avenida San Luis Rey, and installation of 80 linear feet of green curb for 20-minutes limited term parking on the south side of Avenida San Luis Rey between South El Camino Real and the alley; and reducing the limited term parking from 24 minutes to 20 minutes for the 80 linear feet of curb on the south side of Avenida San Luis Rey between South El Camino Real and the alley; and WHEREAS, in addition to the parking modifications that required City Council approval, City Public Works staff issued work orders for the following measures to be implemented: repainting the existing 6-foot red curb which had faded on the south side of Avenida San Luis Rey from the end of curb return to east; placing two (2) “SAN LUIS REY PARK-PUBLIC PARKING” signs on Avenida San Luis Rey to provide wayfinding to the nearby public park and its parking lot (which signs are consistent with other City directional wayfinding signage); and posting one (1) “NO PARKING IN ALLEY” sign on the alley behind Primo to avoid traffic obstruction; and WHEREAS, on July 18, 2023, the City Council held a duly-noticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, resolve and determine as follows:
Section 1. Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
Section 3. Minor Conditional Use Permit Findings.
With respect to Minor Conditional Use Permit (MCUP) 22-197 for the proposed sale of beer and wine at a grocery/food store for off-site consumption, the City Council finds as follows:
The proposed use is permitted within the subject zone pursuant to the approval of a Minor Conditional Use Permit and complies with all the applicable provisions of the Zoning Ordinance, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed, in that:
Beer and wine sale at a grocery/food store is a conditionally permitted use in the Mixed-Use 5.0 Zone; and The proposed alcohol sale (for off-site consumption) is ancillary to the permitted grocery/food store use; and The purpose and intent of the Mixed-Use 5.0 Zone is to accommodate a mix of neighborhood- and community-serving commercial uses. Grocery/food stores are a typical use in this zone and are a type of general commercial use; and The provisions of the Affordable Housing Overlay District do not apply to the project because there is no proposed residential development to the site; and The General Plan Land Use Element establishes the following goal for the Commercial Land Uses in the City: “Achieve and maintain a healthy employment base with diverse retail, office, and service uses that: 1) meet citizens’ needs; 2) help generate municipal revenues that improve quality of life; 3) are compatible with adjacent residential neighborhoods; and 4) support the goals and policies of the Economic Development Element of the General Plan.” The project is consistent with this goal in that it allows for sale of beer and wine at a grocery/food store which meet the needs of residents and visitors to have a variety of commercial retail options.
The site is suitable for the type and intensity of use that is proposed, in that:
The proposed beer and wine sale (for off-site consumption) is ancillary to a permitted grocery/food store use; No modifications are proposed to the tenant space or the existing commercial retail operations other than to allow sales of beer and wine to be consumed off-site; and The City’s Code Compliance Division and the Orange County Sheriff’s Department reviewed the proposed alcohol service and concluded alcohol can be sold and consumed off-site without compatibility issues, provided that operations comply with licensing requirements, conditions of approval, and with other applicable regulations.
The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity, in that:
The proposed use must comply with conditions of approval and code requirements to maintain the public health, safety, and welfare of the area, such as the Fire Code, California Building Code, Alcohol Beverage Control licensing requirements, and the Municipal Code. This includes, but is not limited to, requiring employees to receive alcohol-service training to avoid the sale of alcoholic beverages to minors, limits on hours of operation, and requirements that limit amplified sound; Should there be a compatibility issue, conditions of approval attached hereto as Exhibit A, allow the City to adjust operating hours and require noise abating measures if changes are necessary to ensure compliance with the noise ordinance and maintain the public health, safety, and welfare of the area; and Code Compliance Staff and the Orange County Sheriff’s Department reviewed the proposed alcohol sales and concluded alcohol can be sold and consumed off-site without compatibility issues, provided that operations comply with licensing requirements, conditions of approval, and with other applicable regulations.
The proposed use will not negatively impact surrounding land uses, in that:
The proposed use must comply with conditions of approval and code requirements to maintain the public health, safety, and welfare of the area, such as the Fire Code, California Building Code, Alcohol Beverage Control licensing requirements, and the Municipal Code. This includes, but is not limited to, requiring employees to receive alcohol-service training to avoid the sale of alcoholic beverages to minors, limits on hours of operation, and requirements that limit amplified sound; Should there be a compatibility issue, conditions of approval attached hereto as Exhibit A, allow the City to adjust operating hours and require noise abating measures, if changes are necessary to ensure compliance with the City’s noise regulations and maintain the public health, safety, and welfare of the area; Code Compliance Staff and the Orange County Sheriff’s Department reviewed the proposed alcohol service and concluded alcohol can be sold and consumed off-site without compatibility issues, provided that operations comply with licensing requirements, conditions of approval, and with other applicable regulations; and Section 4. City Council Approval.
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council affirms the Zoning Administrator’s action and approves Minor Conditional Use Permit (MCUP) 22-197, Primo Food Beer and Wine, subject to the Conditions of Approval set forth in Exhibit A.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-03 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
EXHIBIT A
CONDITIONS OF APPROVAL
MCUP 22-197, primo food BEER AND WINE
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this acknowledgement may be grounds to revoke this approval.
Planning
1.2 The applicant shall defend, indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. Applicant shall pay all costs, The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
Planning
1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval.
Planning
1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted ordinances, and state laws.
All
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
Code Comp
1.6 No signage is approved through this permit. All signs, including permanent, window, and temporary signage shall comply with Zoning Ordinance, including issuance of any applicable required permits.
Code Comp
**
7.0 OPERATIONAL CONDITIONS OF APPROVAL
7.3 The sale of alcoholic beverages (beer and wine only) is for off-site consumption only, and shall be limited to the hours of 8:00 AM to 8:00 PM daily. No on-site consumption shall be allowed.
Planning
7.4 All employees shall receive Responsible Alcoholic Beverage Service training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Training shall be provided as soon as practical following the hire date of each employee. Evidence of such training shall be maintained on-site during business hours, and made available for inspection by any city official upon request. (SCMC Section 17.16.070) Code Comp
7.5 A manager shall be on the premises at all times, and available to respond to issues raised by representative from the Orange County Sheriff’s Department, Orange County Fire Authority, or City of San Clemente Code Compliance, during the hours of operation when alcohol sales are occurring.
Code Comp
7.7 These conditions of approval shall be posted in a conspicuous location clearly visible to employees to ensure they are informed of and adhere to requirements and policies for all operations of the business, including but not limited to alcohol sales.
Code Comp
7.8 The use of amplified sound (including the electronically amplified sound of live music, human voice, or other sound within a business, restaurant, bar, or other commercial establishment) shall not be permitted. This prohibition does not include the indoor use of televisions, radios, or reasonable background or ambient music.
Code Comp*
7.17 The Applicant shall post a sign or notice at the premises that states, “WARNING: DRINKING WINE, BEER AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. FOR INFORMATION AND MATERIALS RELATING TO FETAL ALCOHOL SYNDROME, CONTACT YOUR LOCAL MARCH OF DIMES.” The notice or sign shall be posted or displayed at the premises in the manner provided for in San Clemente Municipal Code, Title 8 – Health and Safety. [Citation - Section 8.08.010 of the SCMC] Code Comp**
7.18 Discharge of wash water and other pollutants is prohibited from entering the storm drain system. Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any wash water used during cleanup from entering the storm drain system.
Code Comp
WQ**
7.19 The Applicant shall use her/his best judgment and best management practices to ensure commercial activities on the premises will be conducted in a manner that will not be disruptive to neighbors. The business owner/property owner shall be responsible for ensuring compliance with the San Clemente Municipal Code (SCMC), and all conditions of approval contained herein. The Applicant (including any property owners and managers, and their designees) hereby understands that noncompliance with regulations and conditions of approval, shall be immediate grounds for citation pursuant to SCMC Section 8.52.030(Y), which states, “It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that … A structure, improvement, property, and/or land use is not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval,” and any subsequent revision of this section of the code. [Citation - Section 8.52.030(Y) of the SCMC] Code Comp**
7.20 The Applicant shall use his/her best judgment and best management practices to ensure activities on the premises will be conducted in a manner that will not be disruptive to other commercial or residential neighbors and result in police services, which cost the City of San Clemente expense.
Code Comp
OCSD**
7.21 The Applicant (including any property owners and managers, and their designees) shall be responsible for ensuring that no noise-generating activities on the subject property are conducted between the hours of ten (10:00) p.m. and seven (7:00) a.m. Such prohibited activities include, but are not limited to, dumping trash into outside trash bins, the use of parking lot sweepers, the use of high-pressure washers, or other maintenance or delivery activities which generate noise having the potential of disturbing neighboring properties. [Citation - Section 8.48.070(P) of the SCMC] Code Comp**
7.22 The Applicant understands and acknowledges sound amplification devices located outside any business’s primary building are not permitted, unless specifically identified and approved in this permit or subsequent permits approved by the City. [Citation - Section 8.48.080 of the SCMC] Code Comp**
7.23 The Applicant (including any property owners and managers, and their designees) shall abide by all applicable laws, including Orange County Health Department and the California Department of Alcoholic Beverage Control (ABC) laws.
Code Comp
OCHCA
ABC**
7.24 The Applicant shall rectify any outstanding violations related to signage or exterior improvements within two weeks of the approval of this permit.
Planning**
* Denotes a modified Standard Condition of Approval
** Denotes a project specific Condition of Approval
Resolution No. 23-03 Page 7
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