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Home My WebLink AboutCC Res 4591 1997-11-24 I I I . RESOLUTION NO, /I...5? / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN APPEAL OF THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 96-1, AND GRANTING A TWELVE (12) MONTH EXTENSION OF CUP 96-1 SUBJECT TO THE ORIGINAL CONDITIONS OF APPROVAL THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY DETERMINE AS FOLLOWS: Section 1. The Planning Commission held a duly noticed public hearing on July 9, 1997 to consider an indefinite extension of CUP 96-1. At the public hearing for the indefinite extension the Commission was advised the market's, ABC license for the upgrade was still pending. As such, the market had yet to begin selling distilled spirits. The Commission was reluctant to grant an indefinite extension for a use that had yet to be reviewed during a probationary period, Section 2. On August 20, 1997, the Planning Commission determined to deny Conditional Use Permit 96-1, without prejudice, on a 5-0 vote. Section 3, Planning Commission Resolution No, 97-19, adopted by the Commission on September 3, 1997, denied the requested indefinite extension as well as the conditional use permit itself. The resolution was adopted on a 5-0 vote ofthe Commission, Section 4. An appeal ofthe recommendation of the Planning Commission was filed by Pacific Food Services on September 18, 1997, and the matter is now before the City Council for consideration at a public hearing. Section 5. Findings, Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows: (a) The Planning Commission's denial was based on a concern with granting an indefinite extension to a use that was not yet established. An indefinite extension would not require further public review of the use once it was established and therefore, would effectively preclude further public review to address any actual impacts arising from the use. (b) Granting a twelve (12) month extension of CUP 96-1, effective the date of issuance of an ABC Type "21" license to the business, will allow for further public review of the upgraded alcohol sales from bear and wine only to beer, wine and distilled spirits, At that time the public and the City will be able to address any unforeseen negative effects of the project. (c) CUP 96-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits Alcohol Related Land Uses subject to the issuance of a Conditional Use Permit. The use is also cqnsistent with the remaining elements of the City's General Plan as the policie!l of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (d) The building and property at 13960 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (e) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. 96-1 Appeal Resolution Resolution NUInbern (f) A market has been in continuous operation on the subject property for approximately 30 years with no history of extraordinary demands for police services or of nuisance complaints from neighboring residents regarding the sale of alcoholic beverages for off- premises consumption. (g) The market is not located in a high crime area nor is it located in an over-concentrated census tract. (h) The sale of beer, wine and distilled spirits for off-premises consumption during the requested hours is compatible with the character of the surrounding I neighborhood. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to n~ighboring residential properties. (i) The Seal Beach Police Department has reviewed the existing records of the market and has no reservations regarding the requested license. Section 6. Based upon the foregoing, the City Council hereby approves a twelve (12) month extension of Conditional Use Permit 96-1, effective the date of issuance of an ABC Type "21" license to the business, subject to the following conditions: 1, CUP # 96-1 is approved for an alcohol related land use at 13960 Seal Beach (Seal Beach Market). The permitted use allows the sale of beer, wine and distilled spirits for off- premises consumption, 2. CUP 96-1 is approved subject to all conditions of Planning Commission Resolution No. 96-30. 3. The applicant shall furnish the City a copy of his ABC license and a copy of any 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. I 4, The term of this permit shall be for twelve (12) months, effective the date of issuance of an ABC Type "21" license to the business, after which time the applicant may apply to the Planning Commission for an indefinite extension, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occur with respect to the subject property. PASSED, APPROVED AND ADOPTED by th~C:i~ouncil of the City of at a meeting thereof held on the ~ day of 1997, by the following vote: r..,,,,n~mb.,,4Pf~~ ~~..;t/f, ~:,-a~~ c_n~m~o oU~ AYES: NOES: ABSENT: Councilmembers I ~~T: ~",?nc~ CLERK / I I I Resolution Number ~591 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yeo, City Clerk of Seal Beach, C~) do hereby certify that the foregoing resolution is the original copy of Resolution Numb on file in the office of the City Clerk, passed, approved, and adopted ~ City Council ~ City of S,eJ) Beal)h. at a regular meeting thereof held on the c2 _ day of '()tI~'t:L.eAJ ,1997. T PROOF OF PUBLlC~J~, ReSOlut~l!~e.~ STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled mailer. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24f75, Case Number &!2.~; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published In each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: \Jl, all in the year 19..ll.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this \0 day of ~. , 19 ~L. () YI p ~"Q", ~._4oo~ 4 SI.gnall ,'1'; ,--,::.::5 , PUBLlCATI'JN PROCEf,:~ 2'"' i3Y: Ttlf. SUN N~:~'i::'P/';P!':RS . 216 Main Street SeRI BC;'1cll; CA 90740 (310)430.7f;r,,,: (714) ':;;9-772u . . This space for f~ir the County Clerk's Filing Stamp Proof of Publication of ............................ . ............................ . I ". . ,', NOTICE OF' ... , -.' ;". .PUBUCHEARlNG .' - :.,:. NOnCE IS'HERESY QIVEN....Itj,~. . CllvCounc;R of....?;;__ ..wt~hold.puIII1ch an_' . N......'l."r 24,. '''7,'' :DO p.m.r,;, ,....CIIv....... ChombonL21. EIgNh- Slreef, S..I BelICh, 'CilUfoml., 10 J consld... the faUawtng Item: . CONDITIONAL USE PERMIT 98-, '3II6!l Se8J BeachI!oulev8rd ., Requ...: Th8 ippJlCant Is ...-if io . . JOYBrIl.mB~Q,,"'~ldli1IaI of an Indefinfte extension of CUP 98- . 1. RRlher than an IndBflnll8 8XItnIIon "I Ihe applICant Is reqUeshng 8 fwelv8 ~- {12) nD1Ih iJJctension from tnI d8Ie Ihe " -lleponnonol__ . -.......I>OnlIrv_ alP 98-1 W88 . request to upgrade B land ~ lase enlJtlement for ." aIcOhol-rslat8d ,...........3IIIlllSeol_a..-. Seal Beach {Sea. Beach Marken: 'SJ!!lCllicoly.RllII~I""""1o ooll_.wlnelllld splnlslor ofI,poomlseoa>nsumPbon.-.anty . bee, end wine sale. are currently ,. PBrmIIted, : . " . " Eftvfronmenhli Aevlew: ine Pllliecl IS cattgoncelly exe"'P.I tr:.om, .CE"OA 1'8YI8W,", . " ..... . eoe..se..ia.iS:28-'300:2e.m:28--' 2504 ., _ ..'. ""on.....: PacItIc Food s.M:... lne. . d.b.. Seal Beach Market .Ownor: Frank H. Ayroo!lld Son, Uct' - .PMnerstllP -" . " ~ ,_Al"IIII:xM""'-=-li~. . """::a..""Z.bo _.r.. _:'II: ~."'" ...._~.ln! t CcUt. you n1ay. be hmIteci to";.w;rig 'ori~"'~ .' f10se ..... yaJ or somec:ne else r8IS8d 1 L, HI the pub/Ic heanng descrlbed,ln thlS-" L notice," or In'wrmen correspondence' delIVered to the Clty'of sear Beach at, 01' pnor to, the pub!!C heanng _ .' llATEDThs3rddayof_.lll97. Joanne Yea, City CJerk , . Clly of Seal Beach" .. '. Published lM,the Seal Beach Sun - ""11106197 \ I ! I I I ! I