HomeMy WebLinkAboutPC AG 2013-02-06 #5TO:
FROM:
MEETING DATE:
SUBJECT:
Planning Commission
Director of Community Development
February 6, 2013
PUBLIC HEARING
APPLICART: KOAAN & &OHAN Ef',ITERPRISLE
ASSOCIATES, INC. (C/O ALCOHOLIC
BEVERAGE CONSULTANTS).
RECOMMENDATION: After conducting the Public Hearing, staff
recommends that the Planning Commission
adopt Resolution No. 12-39, denying Conditional
Use Permit 12-26.
Planning Commission Staff Report
Conditional Use Permit 12-26
12240 Seal Beach Boulevard
February 6, 2013
GENERAL PLAN DESIGNATION:
WN4
P!101_314�f 0 i3
Assessor's Parcel Number:
Gross Floor Area:
Surrounding Properties
ENVIRONMENTAL ASSESSMENT:
Commercial - General
GC (General Commercial)
130-555-21
Approximately 35,265 sq. ft. (0.811 ac.)
Approximately 935 sq. ft.
North: Single-family properties within the City
of Los Alamitos
South: Single-family properties within the
Residential Medium Density (RMD-18)
zone.
East: Single-family properties within the
Residential Medium Density (RMD-1 8)
zone.
West: Seal Beach Boulevard; Commercial
properties within the General
Commercial (GC) zone (The Shops at
Rossmoor).
Pursuant to the State of California Public Resources Code and State Guidelines for the
California Environmental Quality Act (CEQA), the Community Development Department
has determined that this project is categorically exempt under Section 15305 (Minor
Alterations in Land Use Limitations) and has been prepared in accordance with the
provisions of the California Environmental Quality Act (CEQA ).
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
December 6, 2012 and mailed to 102 property owners and 105 occupants within a 500'
radius of the subject property on December 4, 2012, in the with affidavits of publishing and
posting on file.
Planning Commission Staff Report
Conditional Use Permit 12 -26
12240 Seal Beach Boulevard
February 6, 2013
LOCATION MAP:
FACTS:
• On September 26, 2012, Kohan & Kohan Enterprise Associates, Inc. (c /o Alcoholic
Beverage Consultants) ( "the applicant ") filed an application with the Community
Development Department for Conditional Use Permit 12 -26, forthe establishment of
a Type 20 (Off -sale Beer & Wine — Package Store) ABC license, within the General
Commercial (GC) zone at 12240 Seal Beach Boulevard.
• The property was first established as a Mobil service station in 1968.
• In 1988, the property was granted a Conditional Use Permit (CUP 88 -9) to demolish
and rebuild the gas station. The reconstruction of the service station included
eliminating the service bays and establishing a convenience store; construction of
three fueling islands with a total of six multi -hose fuel dispensers; and construction
of a coin - operated, automated car wash. As part of the application for CUP 88 -9,
the applicant also requested permission for an off -sale beer & wine ABC license,
which was subsequently denied.
Planning Commission Staff Report
Conditional Use Permit 12-26
12240 Seal Beach Boulevard
February 6, 2013
• There are presently no service stations with convenience stores that sell alcohol
within the City of Seal Beach.
• The most recent request for an off -sale ABC license was in 2009 for the Chevron
station located at 4000 Lampson Avenue, which was denied by the Planning
Commission on August 19th of that same year.
• There are presently three off -sale ABC licenses existing within the census tract
(Tract # 1100.12) and underABC regulations, three licenses are allowed within the
census tract.
• All three of the existing businesses with off-sale licenses are located within 1,500
feet of the subject property.
As of January 30, 2013, planning staff has received no correspondence in response
to the hearing notices that were mailed out and published for the public hearing on
February 6, 2013.
ANALYSIS:
Section 11.4.05.035 of the Seal Beach Municipal Code outlines the requirements for the
establishment, reconstruction, and operation of automobile service stations. With regard to
the sale of alcohol at service stations, the Zoning code states that no alcohol shall be sold
at an automobile service station convenience market, except as follows:
a. The service station convenience market shall comply with all requirements
for off -sale retail applications in City Council Policy 600-1: Standard
Conditions for Alcohol Related Uses, including but not limited to the
maximum proximity to residences, the proscription of an undue concentration
of alcohol uses, and the prohibition on on-site consumption....
With regard to proximity to residences, City Council Policy 600-1 states that no issuance of
a retail license shall be approved for premises at which the premises are located within 100
feet of a residence or the parking lot of the premises is located within 100 feet of a
residence. It goes on to state that the distances provided for in the rule shall be measured
by airline from the closest edges of any residential structure to the closest edge of the
premises or the closest edge of the parking lot or parking area, whichever is greater.
The subject property is surrounded by residences on three sides- residences located to the
north side of the property are within the City of Los Alamitos and on the east and South
sides, within the City of Seal Beach. The closest residence is located in Los Alamitos and
is approximately 40' from the subject property's parking lot. To the east, the closest
residence is located approximately 50' from the rear of the parking lot and to the south, that
distance increases to 60' but on all three sides, there are residences located within 100' of
the subject premises, as measured under the rules of Policy 600-1.
Planning Commission Staff Report
Conditional Use Permit 12-26
12240 Seal Beach Boulevard
February 6, 2013
The State Department of Alcoholic Beverage Control (ABC) assigns an allowable number
of alcohol licenses, both off- sale and on-sale, within census tracts based upon the total
population of the census tract. For the subject census tract (Tract #1100.12), ABC has
assigned a maximum of three (3) off-sale licenses. There are currently three (3) off-sale
licenses located within census tract #1100.12 (Target, Ralph's Supermarket, CVS
Pharmacy). An undue concentration of ABC licenses within a census tract does not
preclude the Planning Commission from approving additional licenses, however to approve
additional licenses, the Commission would need to demonstrate that the public
convenience and necessity would be served by approval of such additional licenses. Since
there already exists three businesses within 1,500 feet of the subject property, all of which
have somewhat extended hours (Target: 8:00 AM to 11:00 PM; CVS: 7:00 AM to 10:00
PM; and Ralph's: 6:00 AM to 1:00 AIM), staff believes that the public convenience and
necessity is currently being served by the existing off-sale licenses.
b. The service station convenience market shall be located in a zone permitting
an automobile service station use.
The existing service station is located in a zone (GC) that permits automobile service
stations with convenience stores, subject to the approval of a CUP. The service station
Currently operates under a CUP that was first issued in 1988. Prior to 1988, the service
station was considered a 'grandfathered' use, as the original establishment of the service
station in 1968 precluded the CUP requirement.
C, The business shall not be located within 1,000 feet of a park, religious
institution, or school, whether such use is inside or outside of the City.
There is a public park (Orville R. Lewis, Jr. Park) located approximately 725 feet from the
subject property, within the City of Los Alamitos.
Council Policy 600-1 also states the Planning Commission may issue an ABC license if the
applicant can show that the public convenience and necessity would be served by such
issuance, in the case of undue concentration of ABC licenses, or if the applicant can
establish that the operation of business would not interfere with the quiet enjoyment of
property by residents. While staff believes that the public convenience and necessity is
already being served by existing licenses in this area, staff is uncertain that an off-sale
license at this location would necessarily interfere with the quiet enjoyment of property by
residents. However, staff believes that existing conditions within the neighborhood and
greater census tract area (perABC Crime Reporting District standards, the subject property
is located within a high crime reporting district) warrant denial of the requested CUP.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt the attached Resolution denying CUP 12-26 to allow a Type
20 (off-sale Beer & Wine — Package Store) ABC license at 12240 Seal Beach Boulevard,
Seal Beach.
Planning Commission Staff Report
Conditional Use Permit 12-26
12240 Seal Beach Boulevard
February 6, 2013
Prepared by:
ivera, AICP
F5
Attachments (7):
of Community Development
1. Resolution No. 12-39 — A Resolution of the Planning Commission of the City of Seal
Beach, Denying Conditional Use Permit 12-26, for the Establishment of a Type 20
((off-Sale Beer & Wine — Package Store) Within the General Commercial (GC) Zone
at 12240 Seal Beach Boulevard (Mobil Gas Station and Car Wash).
2. City Council Policy 600-1 Regarding Alcohol Related Land Uses; Section
11.4.05.035 of the Seal Beach Municipal Code regarding Automobile Service
Stations
3. Department of Alcoholic Beverage Control Permit Application Work Sheet
4. Statement from Project Applicant
5. Letter Received in Opposition to the Proposed Project
6. Petition Submitted by the Applicant in Support of the Proposed Project
7. Project Plans
ATTACHMENT 'I
• r • ! r y = # y
! . I i l - 1
1:1 *94A gftflf] 04 1 ilk If] 8 1 8A
A RESOLUTION • THE PLANNING
COMMISSION • THE CITY OF SEAL BEACH
DENYING CONDITIONAL USE PERMIT 12-26,
FOR THE ESTABLISHMENT OF A TYPE 20 (OFF 40
-
SALE BEER & WINE) ABC LICENSE AT 122
SEAL BEACH BOULEVARD (MOBIL GAS
STATION AND CAR WASH)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On September 26, 2012, Kohan & Kohan Enterprise Associates,
Inc. (c/o Alcoholic Beverage Consultants) (the "Applicant") applied for Conditional Use
Permit (CUP) 12-26 with the Department of Development Services for the establishment
of a Type 20 (Off-sale Beer & Wine) ABC license in the General Commercial zone at
12240 Seal Beach Boulevard.
Section 2. The Planning Commission held a duly noticed public hearing on
February 6, 2013 to consider CUP 12-24, during which the Planning Commission
received and considered all evidence, both written and oral, regarding the application.
The record of the hearing includes the following facts, which the Planning Commission
finds to be true and correct:
a. The property was first established as a Mobil service station in
1968. In 1988, the property was granted a Conditional Use Permit (CUP 88-9) to
demolish and rebuild the gas station. The reconstruction of the service station included
eliminating the service bays and establishing a convenience store; construction of three
fueling islands; and construction of a coin-operated car wash.
b. ABC regulations allow 3 licenses within the census tract in which
the subject property is located(Tract # 1100.12), and -there are presently three off-sale
licenses within the subject census tract, each of which is located within 1,500 feet of the
subject property. Per ABC standards, the subject property is also located within a high
crime reporting district
C. The subject property is located within 725 feet of a park on one side
and sixty feet or less from residences on three sides.
Section 3. Based upon the facts contained in the record, including
those stated in the preceding Section of this Resolution and pursuant to Chapter
11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the
following findings:
a. The establishment of a Type 20 ABC license at the subject property
is inconsistent with the General Plan due to the undue concentration of existing ABC
licenses in the surrounding area and the incompatibility with the residential
neighborhoods that abut three sides of the subject property.
b. The subject property is not physically adequate for the type,
density, and intensity of use proposed because the property is surrounded by
residences on three sides, all of which are located sixty feet or less from the subject
premises, and there is no effective buffer for potential noise and other use impacts that
may be generated by the proposed use.
c. The location, size, design, and operating characteristics of the
proposed use would be incompatible with and adversely affect uses and properties in
the surrounding neighborhood because a Type 20 ABC license would not be compatible
with the surrounding residences in such close proximity to the subject property and a
public park located approximately 725 feet away from the subject premises.
d. The maintenance and operation of a Type 20 ABC license would be
detrimental to the health, safety, or welfare of persons residing in the vicinity because of
the potential for increased noise, loitering, and other adverse environmental impacts.
Section 4 Based on the findings made in the preceding Section of this
Resolution, the Planning Commission hereby denies Conditional Use Permit 12-26, and
further finds and declares that it would have denied the application based on any one of
the four findings made in the preceding Section, each of which is considered by the
Planning Commission to be sufficient alternative grounds for denying the CUP.
PASSED, APPROVED AND ADOPTED by the Planning Commission of
the City of Seal Beach at a meeting thereof held on the 6x" day of February, 2013, by
the following vote:
AYES: Commissioners
NOES: Commissioners
Jim Basham
Secretary of the Planning Commission
PA
Sandra Massa-Lavitt, Chairwoman
Planning Commission
ATTACHMENT 2
CITY COUNCIL POLICY 600 -1 REGARDING
ALCOHOL RELATED LAND USES; SECTION
11.4.05.035 OF THE SEAL BEACH MUNICIPAL
CODE REGARDING AUTOMOBILE SERVICE
STATIONS
i
N=*
-
• ..0 01911,"1
To require the Planning Commission to utilize the following listing of Standard Conditions
for approval of alcohol related land uses.
This policy shall require the Planning Commission to utilize -the following Standard
Conditions when considering the approval of permits for Alcohol Related Land Uses
through the approval of a Conditional Use Permit application. Specific conditions maybe
modified or deleted by the Planning Commission upon a determination that one or more
conditions cannot be properly applied to the request under consideration. Nothing in this
policy statement shall limit the authority of the Planning Commission to impose additional
conditions of approval upon alcohol related land uses pursuant to the authority granted the
Planning Commission by the Code of the City of Seal Beach.
.1 CUP @ , (application numbers is approved for (number and type of license)
at (street address) and is issued to (name of applicant) . for (name of business),. .
.2 The applicant shall comply with all restrictions placed upon the license issued by
the State of California Department of Alcoholic Beverage Control. In connection with City
consideration of an application, the applicant must demonstrate compliance with all
restrictions placed upon the issuance of such license by the Alcoholic Beverage Control
Act, Business and Professions Code S 23000 to 2600, including but not limited to Rule
61.3(a) and 61.4, included as information below:
"S 61.3 Undue Concentration.
(Standard Conditions ofApproval for Alcohol Related Land Uses)
SECTION
ISSUE D
CMVFAPPRovAL
600
2/1993
N=*
-
• ..0 01911,"1
To require the Planning Commission to utilize the following listing of Standard Conditions
for approval of alcohol related land uses.
This policy shall require the Planning Commission to utilize -the following Standard
Conditions when considering the approval of permits for Alcohol Related Land Uses
through the approval of a Conditional Use Permit application. Specific conditions maybe
modified or deleted by the Planning Commission upon a determination that one or more
conditions cannot be properly applied to the request under consideration. Nothing in this
policy statement shall limit the authority of the Planning Commission to impose additional
conditions of approval upon alcohol related land uses pursuant to the authority granted the
Planning Commission by the Code of the City of Seal Beach.
.1 CUP @ , (application numbers is approved for (number and type of license)
at (street address) and is issued to (name of applicant) . for (name of business),. .
.2 The applicant shall comply with all restrictions placed upon the license issued by
the State of California Department of Alcoholic Beverage Control. In connection with City
consideration of an application, the applicant must demonstrate compliance with all
restrictions placed upon the issuance of such license by the Alcoholic Beverage Control
Act, Business and Professions Code S 23000 to 2600, including but not limited to Rule
61.3(a) and 61.4, included as information below:
"S 61.3 Undue Concentration.
(Standard Conditions ofApproval for Alcohol Related Land Uses)
-'Cl-I / For the purpose of Section 23958 of the Alcoholic Beverage Control Act, undue
I
concentration includes, but is not limited to, conditions as set forth below:
The applicant premises for an original or premises-to-premises transfer of any. retail
license are located in a crime reporting district which as a 20% greater number of reported,
crimes, as defined in subsection (b), than the average number of reported crimes as
determined from all crime reporting districts within the jurisdiction of the local law
enforcement agency if the following conditions exist.
(1) As to on-sale retail license applications, the ratio of on-sald retail licenses
to population in the census tract or census division in which the applicant premises are
located exceeds the ratio of on-sale retail licenses to population in the county in which the
applicant premises are located.
(2) As to off -sale retail license applications, the ratio of off -sale retail licenses
to population in the census tract or census division in which the applicant premises are
located exceeds the ratio of off -sale retail licenses to population in the county in which the
applicant premises are located.
Notwithstanding the above, the department may issue a license if the
applicant shows that public convenience or necessity would be served by such issuance,
This rule does not apply where the premises have been licensed and
operated with the same type license within 90 days of the application."
"S 61.4 Proximity to Residences.
No original issuance of a retail license or premises-to-premises transfer of a retail
license shall be approved for premises at which either of the following conditions exist:
(a) The premises are located within 100 feet of a residence.
(b) The parking-lot or parking area which is maintained for the benefit of patrons
of the premises, or operated in conjunction with the premises, is located within 100 feet of
a residence. Where the parking lot is maintained for the benefit of patrons of multiple
businesses in the vicinity of the premises, the parking lot area considered for the prupose
of this rule shall be determined by the area necessary to comply with the off -street parking
requirements mandated by local ordinance, or if there are no local requirements for off
street parking, then the area which would reasonably be necessary to accomoodate the
anticipated parking needs of the premises, taking into consideration the type of business
and operation contemplated.
Distances provided for in this rule shall be measured by airline from the closest
edge of any residential structure to the closest edge of the premises or the closest edge of
the parking lot or parking area, as defined herein above, whichever distance is shorter.
(Standard Conditions ofApproval forAlcohol Related Land Uses)
"101-fis rule does not apply where the premises have been licensed and operated with
the same type license within 90 days of the application,
Notwithstanding the provisions of this rule, the department may issue an original
retail license or transfer a retail license premises-to-premises where the applicant
establishes that the operation of the business would not interfere with the quiet enjoyment
of property by residents."
.3 The applicant shall furnish the City a copy of his ABC license and a copy of
the conditions placed on the license by the Department of Alcoholic Beverage Control.
This shall be done as soon as the license is received by the applicant from the State of
California Department of Alcoholic Beverage Control.
4 The hours of operation shall be A.M. to P.M./A.M. daily.
L9
The hours of operation shall be A.M. to P.M./A.M., Sunday
through Thursday, and A.M. to P.M./A.M., Friday and Saturday.
.5 No video games or similar amusements shall be permitted on the premises,
.6 There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages.
.7 The applicant will prominently display these conditions of approval in a
location within the business's customer area that is acceptable to the Director of
Development Services.
.8 This Conditional Use Permit shall not become effective for any purpose
unless an "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) day appeal period has elapsed.
11111111 ll ilii��liiiill li , ; ! i 11��I�Iiipiiiiiii�r
(a) The establishment proposes to change its type of liquor license.
(b) The establishment proposes to modify any of it's current conditions of
approval.
(c) There is a substantial change in the mode or character of operations of
the establishment.
.10 The Planning Commission reserves the right to revoke or modify this
Conditional Use Permit if any violation of the approved conditions occurs, any violation of
(Standard Conditions of Approval for Alcohol Related Land Uses)
the Code of the City of Seal Beach occurs, or for those reasons specified by Article 28 and
in the manner specified in Article 25 of Chapter 28 of the Code of the City of Seal Beach,
,11 Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while not unreasonable disturbing surrounding residential or
commercial areas. A lighting plan shall be provided, subject to review and approval by the
Director of Development Services, which promotes minimal disturbance to nearby
residences.
.12 In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the Seal Beach
Municipal Code to require the provision of additional security measures.
.13 The establishment shall have a public telephone listing.
.14 It shall be the responsibility of the applicant/licensee to provide all employees
that sell or serve alcoholic beverages with the knowledge and skills that will enable them to
comply with their responsibilities under State law.
The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limited to the following topics and skills development:
(a) State laws relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving under
the influence, hours of legal operations and penalties for violations of these
laws.
(b) The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injur, kill,
or harm themselves or innocent victims as a result of the excessive
consumption of alcoholic beverages.
(c) Alcohol as a drug and its effects on the body and behavior, includirig the
operation of motor vehicles.
(d) Methods for dealing with intoxicated customers and recognizing underage
customers.
The following organizations have been identified by the State Department of Alcoholic
Beverage control as providing training programs which comply with the above criteria;
1 Department of Alcoholic Beverage Control L. E.A. D. Program
Telephone: (714) 558-6482
2) Orange County A-D.E.P.T. Program, for referral to either the B.A.D,D.
orT.I.P.S. Program
Telephone: (714) 568-5187
.15 Litter and trash receptacles shall be located at convenient locations inside
and outside the establishment and operators of such establishments shall remove trash 10,
(Standard Conditions of Approval for Alcohol Related Land Uses)
and debris on an appropriate basis so as not to cause a health problem. There shall be no
dumping of trans and/or glass bottles outside the establishment between the hours of
10:00 P.M. and 7:00 A.M.
.16 The Planning Commission reserves the right to revoke or *modify this
Conditional Use Permit 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.
.17 This Conditional Use Permit 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,
.18 All alcoholic beverages sold in conjunction with the on-premise licensed
establishment must be consumed entirely on the premises prior to closing time, and none
shall be sold as take-out.
.19 Conditional Use Permit # (application number) shall be automatically
terminated if the operation is no longer maintained as a "Bona fide public eating place" as
defined by the California Department of Alcoholic Beverage Control.
The establishment must serve a complete menu of food until thirty (30) minutes
prior to closing time.
.20 There shall be no live entertainment, amplified music, or dancing permitted
on the premises at any time, unless specifically authorized by a conditional use permit
issued by the City and unless such uses are consistent with the license conditions
imposed by the State of California Department of Alcoholic Beverage Control.
.21 The proposed facility shall comply with Chapter 13D, "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 noises generated by the
facility, the Planning Commission reserves the right to schedule the subject permit for
reconsideration and may require the applicant/operator to mitigate the noise level to
comply with the provisions of Chapter 13D.
.22 The sale of alcoholic beverages for consumption off the premises shall be
prohibited. Consumption of alcoholic beverages shall be prohibited in the establishment's
parking area. There shall be appropriate posting of signs both inside and outside the
licensed premises indicating that drinking outside the licensed premises is prohibited by
law.
(Standard Conditions of Approval forAlcohol Related Land Uses)
.23 The knowledge and skills deemed necessary for responsible alcoholic
beverage services as set forth in Condition No. 15, shall include for on-premise licensed
locations, but not be limited to the following additional topics and skills development:
(a) Method to appropriately pace customer drinking to reduce the risk that the
customer will not leave the premises in an intoxicated manner. -
(b) Knowledge of mixology, including marketable alternatives to alcoholic
beverages.
.24 Whenever the outdoor dining area is being utilized for the sale, service or
consumption of alcoholic beverages, a premise emplo9yee shall be in attendance and
maintain continuous supervision at all times to ensure the outdoor dining area does not
created a public nuisance contrary to public welfare and morals.
.25 All alcoholic beverages served in the outdoor dining area must be served in
glass containers.
.26 All outdoor dining areas shall be surrounded by an enclosure of a design and
height satisfactory to the Planning Commission.
.27 Any canopy constructed over an outdoor dining area shall comply with all
requirements of the Building Department and Fire Department.
.28 The sale of alcoholic beverages for consumption on the premises shall be
prohibited and there shall be appropriate posting of sings both inside and outside the
licensed premises that drinking of alcoholic beverages on the premises is prohibited by
law. The premises shall include the licensed premises prior, appurtenant and required
parking areas, and appurtenant common areas if locate din a commercial center.
Depending upon the complexity of the issue under consideration by the Planning
Commission, additional conditions of approval may be added to the above listing of items
in order to fully insure that the proposed issuance of a land use approval for, an alcoholic
related use is fully compatible with the surrounding neighborhood and that all adverse
environmental impacts are mitigated to the fullest extent possible.
(Standard Conditions of Approval forA Icohol Related Land Uses)
e. Motor vehicle products displayed along the front of
the structure shall be within 36 inches of the structure, and limited to 5 feet in
height and not more than 5 feet in length.
22. Vehicle Parking.
a. Outside storage of motor vehicle
C �s prohibited. For
I" mean
is Section, ' X
the purpose is Section, outside storage shall mean parking of a motor
3
vehicle in an une losed area of the service station longer than 24 hours,
ic
unless the vehicle is the process of being servic , in which case it may be
Im
parked for a maximum p i d of 72 hours.
b. VehieNk,sh7Xbe parked on alleys, driveways,
parkways, or sidewalks.
C. Vehicles
'00fiall nbLbe parked on the premises for the
purpose of offering same for /sale.
d. P ing shall be located screened to minimize
public r
Ig ts of
visibility of parked vehicle rom adjoining public rights -of-
23. 23. ^w Services. Tow service operation ay only be
s
c w
conducted n approval of a Conditional Use Permit and n co *ance with
c'ed u p i I
all appropriat ronditions of the approved Conditional Use Permit, w shall
sh for I " I
establish /cditions for operations to not create a public nuisance ay
ing
I op tio s.
Co
proped Conditions may be imposed regarding the following operations:
a. Hours for drop-off of towed vehicles;
b. Location for storage of any towed vehicles; and
C. Allowable routes for tow service vehicle operations
between 9,00 p.m. and 7:00 a.m.
24. Sale of Beer and Wine. No alcohol shall be sold at an
automobile service station convenience market, except as follows:
a. The service station convenience market shall comply
with all requirements for off-sale retail applications in City Council Policy 600-1:
Standard Conditions for Alcohol Related Land Uses, including but not limited to
the maximum proximity to residences, the proscription of an undue concentration
of alcohol uses, and the prohibition on onsite consumption; and the Conditional
Use Permit shall contain the applicable Standard Conditions for Alcohol Related
Land Uses, pursuant to City Council Policy 600-1.
Title I I - Part 111 - page 13
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2090
b. The service station convenience market shall be
located in a zone permitting an automobile service station use.
C. The business shall not be located within 1,000 feet of
a park, religious institution or school, whether such use is within or outside of the
city.
d. The distances specified in this section shall be
measured in a straight line, without regard for intervening structures, from the
property line of the lot containing the service station convenience market to the
property line of the lot containing the residence, park, religious institution, school,
or business.
e. The determination on whether to permit the sale of
beer and wine at a service station convenience market shall be supported by
written findings, based on substantial evidence in view of the whole record. T
a. Used or discarded automotive parts or equipment, or
permanently disabled junked or wrecked vehicles shall not b cated outside of
the main structure.
b. A waste collection an disposal storage area,
with a
/a I
t 11
completely enc d with a masonry wall no es an 6 feet high with a solid
gated opening, an rge enough to accomm ate standard-sized commercial
trash bins, shall be loc d on the rear portio of the property in a manner which
is accessible to refuse col ion vehicles.
C. Drive s d service areas shall be maintained and
kept free of grease, oil, and other p oleum products in addition to litter. These
areas shall be periodically cleave it quipment that dissolves spilled grease,
USoil, and other petroleum product itho t shing them into the drainage, gutter,
or sewer systems.
26. Public Vervice Facilities. All seXce stations shall:
a. Provide restrooms on-site, aT%%O, charge, for public
use during normal siness hours. The restrooms shNL be continuously
maintained in com/nce with the standards of the County HeaTkDepartment;
b. Provide and maintain in usable and dhod working
order, an adumrp and radiator water hose for public use. 60 _N
Title 11 - Part IV - page 14
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2010
ATTACHMENT 3
UVA-14-4000 Vq; 00 K.D.kl. WU41tt KAK r UU1
Depanment of Alcoholic Btvorige Control State of Catifornla
Santa Ana 01grict Office
605 W. Santa Ana Blvd,, Bldg 28, Ste. 389
Santa Ana. CA 92701
Phone: 714-5684101
Pax: 714-953-4486
AUMICUC
LINE
To:
FAX TRANSMISSION
Tout Number of Pages (Including this cover shoot)
Original: []To follow by regular mail AWilI I not follow
Firmloffice: —V
Fax' J Date: :
5 T -�
cc(*$):
From;
Subject., 7-1
Commonts:
NOTICE
Tlme:
This communication is intended only for the use of the individual or entity to which It Is
addressed, and may contain Information that is privileged, confidential and exempt from
disclosure under applicable law, If the roaderof this message is not the Intended
recipient, you are hereby notified that any dissemination, distribution or copying of this
communication Is strictly prohibited. If you have rocolved this communication In error,
planso notify us immediately by telephone, and return the original message to us at the
above address.
ABC -75 (7/09)
'Te Energy Efficient"
JAN-16-2000 25:03 3.C. SANTA ANA P.001/001
',4j4
23958.4 9 & P APPLICATION WORK SHEET
FRF-MiSSS ADDRESS:
1,90qo 6.,e,51,4 tw�ajck, C)lUe'.
LICENSE TYPE;
1. CRIME REPORTING DISTRICT
Jurisdiction unable to provide statletical detta.
Reporting 0 Istrict:
- Z
Total number of reporting districts:
Total number of offenses.,
Avarege number of offenses per distrii-,t-
120% of average number of offerises,
Total bffertaes In district �
Locaficm is within a high crime repotting district As No
' 2. CENSUS TRACT / UNDUE CONCENTRATION
Census Tract—ILU-,.
Number of licenses allowed:—
Number of existing licenses-.
Undue concentre6on exists: I No
41,
Umor of public convenience of necessity
/7 ( - AUG 3.O WZ
/7--57 .1*. C
I/
Three time publication required: lygs I No
Paman Taking Application rtv motor Supervisor
AB�-245 (7-98)
�W4
TOTAL F.001
ti
ATTACHMENT 4
IkAWLINGS
REALTY&LVISORS
January 22, 2013
Mr. Jim Basham
Community Development Director
City of Seal Beach
211 Eighth Street
I
Seal Beach, CA 90740
RE: Mobil CUP Application - 12240 Seal Beach Blvd.
Dear Mr. Basham:
I believe that your code incorporates a City Council Policy dated 2/22!1 993. This policy
states that no original issuance of a retail alcohol license shall be approved if within 100
feet of a residence. But, the policy goes on to state:
"Notwithstanding the provisions of'this rule, the department may issue an original retail
license or transfer a retail license premises -to premise where the applicant establishes
that the operation ofthe business world not interfere iiith the quiet enjoyment elf property
by residents.
The establishment of non-interference with quiet enjoyment of property by residents is
different than a variance. Seal Beach's requirement of non-interference with quiet
enjoyment parallels that of the California Department of Alcoholic Beverage Control.
Hence, I have prepared this as a non-interference of quiet enjoyment letter.
The following information regarding how the sale of beer and wine for off-site
consumption for the existing Mobil store will not interfere with its neighbors' quiet
enjoyment of their property:
• Sale of alcohol is permitted between the hours of 6:00 am and midnight only;
• Display and storage of beer and wine is limited to 3 ) coolers inside the store and
will be locked after midnight,
• Sale of beer and wine will only be an incidental sale to existing customers only;
• No additional customers are anticipated as a result of beer and wine as the
primary business of gas, convenience store and car wash already exist;
• There is a 12 foot high block wall separating the adjacent residents from our
business that not only reduces noise, it also prevents "wall jumping";
• Customers must come into our store to purchase beer or wine, and cannot
purchase it through any pass-through window or slide-out tray to the exterior of
the store;
Seal Beach Mobil Letter 1-22-13 Page 1
• Beer and wine coolers will not be sold in single containers, but must be sold in
prepackaged run ' Iti-unit quantities;
• We do not sell or rent any adult magazines, videos, tapes, discs or films;
• There are surveillance cameras on the interior and exterior of the property.-
• There are at least 2 employees on site at all times;
• Employees who sell alcoholic beverages will complete "Licensee Education on
Alcohol and Drugs" training that is provided by the California Department of
Alcohol Beverage Control within 3 ) 0 days of hire.
This site is located at the corner of Seat Beach Boulevard and Plymouth Drive and has
operated a combination fuel center, full-service car wash and convenience store since the
1980's. The business was established prior to the residences being built.
The entrance to the convenience store faces towards Seal Beach Boulevard. Patrons can
enter the site with two access point on Seal Beach Blvd., which borders the site to the
west. Seal Beach Blvd. is a major thoroughfare of sufficient width to carry the kind and
quality of traffic such use generates. In addition, the site is of sufficient size to
accommodate the parking needs of all patrons.
Directly behind the convenience store are a full-service car wash and a car detailing area.
To the east and north of the site along are single family homes. Separating these residents
directly from the property is a 12 foot tall block wall, as well as mature landscaping in the
form of dense shrubs and some tall trees.
To further reduce the likelihood of disturbing the surrounding neighbors, the proposed
alcohol deliveries are expected to take place during business daytime hours, rather than
evening hours when most residents are home. This will help to reduce any undue traffic
issues for the neighborhood, and prevent the disturbance of residents.
Extra precautions have been taken by the business owner to prevent any disturbances in
the car wash or car detailing areas located behind the convenience store. These areas
operate from 8:00 am and close promptly at 6:00 pm. The area is well-lit with light poles
automatically coming on at dusk and shutting off during the early morning. hours.
Additionally, a: security and surveillance system is currently in place to discourage any
loitering in the area after hours. The security and surveillance systems are continuously
monitored by the management staff during regular business hours. After hours, the
In
system is equipped with a sensor mechanism to alert management and local law
enforcement to any illicit activity on the premises. While a concern has been raised that
individuals may utilize the area behind the store for consumption of alcohol and loitering,
we are and will continue to be extremely diligent in monitoring the area for any transient
or loitering activity; we practice zero tolerance for individuals on the property not
engaged in patronizing our business. We have had no reports of this type of activity, and
no law enforcement issues in this regard.
The business owner will be a responsible retailer of alcoholic beverages at this location.
The owner has several other locations in Southern California that sells alcohol and has an
Seat Beach Mobil Letter 1-22-13 Page 2
excellent track record. While alcohol sales are not the primary focus (they are expected
to comprise a small percent of overall sales, between 5% - 10%), alcohol is nevertheless a
key element to provide a complete shopping experience.
In summary, we believe the sale of beer and wine at our store will not interfere with the
residents' quiet enjoyment of their property. The site is sufficiently separated by a very
tall block wall from the residents to reduce noise, and can be accessed by a major surface
street designed to handle traffic. Loading and deliveries of alcohol will be scheduled
during regular business hours to prevent undue disturbances to neighboring residents, and
a security and surveillance system is already in place to discourage unwanted activity on
the premises after hours. The owner will prove to be a responsible retailer of alcoholic
beverages, and a good neighbor, committed to protecting the public health, safety and
welfare of the community we are a part of
Sincerely,
Steve Rawlings
Seal Beach Mobil Letter 1-22-13 Page 3
ATTACHMENT 5
LETTER RECEIVED IN OPPOSITION TO THE
PROPOSED PROJECT
Kimberly A. Carasso, Esq.
12275 Nantucket Place
Seal Beach, CA 90740
(562)296-5812
December 8, 2012
Jerome Olivera, AICP
Senior Planner
Department of Development Services
City of Seal Beach
2118" Street
Seal Beach, CA 90740
Re: CUP 12-26 —12240 Seal Beach Boulevard
Dear Mr. Olivera:
I have an infant son whose bed time conflicts with the upcoming Planning Commission meeting
so I will be unable to personally attend the meeting, but I want my very strong feelings
concerning the Mobile Station's request for a ABC license considered. I have already submitted
an Opposition to the Alcoholic Beverage Control Board and sincerely request that the Planning
Commission deny the request.
First, our area already has so many establishments that sell alcohol — we do not need another one.
Within a mile and a half radius, just off of the top of my head, we have the following restaurants
that serve alcohol:
• Romano's Macaroni Grill
• Islands
• Bamboo Sushi
• Rubio's
• Santa Fe Importers
• Daphne's
• California Pizza Kitchen
• Pei Wei
• Chipotle
• Kobe
• Spaghettini
• Marie Callendar's
• Original Fish Company
• Fortune Cookies
• Mr. B's
Fio Rito's
• Blake's
Jerome Olivera
December 8, 2012
Re: Opposition to Mobil Station ABC License
•
Hof s Hut
• Maderas
• Siam Palace
• Polly's
Other establishments where you can purchase alcohol within the same mile and a half radius
include:
• Ralphs
• Target
• CVS (2)
• Rossmoor Liquor
• Rite Aid
•
Voris
• Sprouts
• Arco
• Chevron
• Shell
The area is already saturated with establishments that sell alcohol. We do not need another.
What would be the benefit to the community of allowing Mobil to have a license? The only real
purpose in allowing the Mobil to sell alcohol would be to allow consumers to purchase alcohol
after the establishments identified above stop selling alcohol. But do we really want individuals
making late -night booze runs in a residential neighborhood? This is a horrible idea for a number
of reasons.
First, it encourages drunk driving in the area. Second, Mobil is already a horrible neighbor. It
violates the noise ordinance and other aspects of its CUP chronically (see below). If it is allowed
to sell liquor late at night, it is foreseeable that this will mean more loud and obnoxious
customers who will not be respectful of the neighbors who are sleeping and Mobil will not police
these people to insure that they are quiet. I am extremely fearful that allowing Mobil to expand
and sell alcohol will constitute a public nuisance and significantly impact the surrounding
homeowners' rights to private and quite enjoyment of their property.
Finally, safety is a significant concern. The Mobil station chronically violates its CUP. For
example, it operates in a fashion that violates the noise ordinance. Despite the fact Mobil is not
supposed to have signs on the property, it does. Mobil stores trash and items behind the shed
even though it is prohibited. Mobil allows the required trees that act as a buffer between homes
and its property to die. Mobil habitually runs the car wash in hours in excess of those allowed by
its permit.
Jerome Olivera
December 8, 2012
• ............
se
If the Mobil station is this flippant with these rules, what makes you believe that they will honor
the requirements of the ABC permit, i.e. not sell alcohol to minors, etc.? The Mobil station and
its management have consistently demonstrated poor judgment and a willful disobedience of the
-rules under which they are supposed to operate. Giving them the opportunity to sell alcohol in a
way that jeopardizes Seat Beach residents is stupid. Period.
Allowing the Mobil station to have a liquor license will create a public nuisance, endanger Seal
Beach residents' safety and thus, adversely affect the property values of the homes surrounding
the station. Please protect the residents you are entrusted to serve and deny the request for the
ABC license. No compelling interest is served by Mobil's request.
If you have any questions or comments, please do not hesitate to contact me.
Very truly yours,
mberly . �Lo
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ATTACHMENT 7
PROJECT PLANS