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Home My WebLink AboutCC Res 4199 1993-02-08 .- RESOLUTION NUMBER #/99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING CUP 92-4, A REQUEST TO ALLOW THE OFF-PREMISE SALE OF BEER AND WINE IN CONJUNCTION WITH A PROPOSED CONVENlENCESTORE LOCATED AT 333 FIRST STREET, SEAL BEACH (OAKWOOD APARTMENTS) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. On May 5, 1992, John Abboud submitted applications for CUP 92-3 and CUP 92-4 requesting approval of a convenience store with an off-sale beer and wine license within a residential complex with more than 150 units located at 333 First Street, Seal Beach (Oakwood Apartments). Section 2, A duly noticed public hearing was held before the Planning Commission on July 15, 1992, regarding both requests. The Commission approved CUP 92-3 (Convenience Store) subject to conditions, and continued CUP 92-4 to September 9, 1992, due to concerns about the sale of beer and wine, On September 9, 1992, the Commission held a continued public hearing regarding CUP 92-4. Evidence, both written and oral, was submitted in favor and against the application at both public hearings. Section 3. The Planning Commission denied CUP 92-4 on a 5-0 vote, Section 4. An appeal of the Commission's decision was duly filed with the City, and I the City Council held a duly noticed public hearing on January 11, 1993, At the time of the scheduled public hearing, the appellant requested the matter be continued to January 25, 1993. The Council honored the applicant's request and continued the public hearing to January 25, 1993. At the January 25, 1993 public hearing, the City Council considered all oral and written testimony and evidence presented at the time of the public hearing, including the staff reports. Persons spoke in favor of and against the application, including Applicants' attorney, Section 5, The evidence submitted to the Commission and Council indicated: 1. The proposed convenience store is located within the Oakwood Apartments, which is located in a wholly residential street. 2. The Oakwood Apartments are located in the Residential High Density (RHO) Zone, which is not designated for intensive commercial activity and neither the street nor adjacent parking facilities can accommodate the relatively intense commercial activity that may be generated by the sale of beer and wine. 3. The nearest existing location at which beer and wine may be purchased for off- site consumption is just 1,000 feet from the Oakwood Apartments, with three (3) other off-premise general liquor license businesses located within one-half mile. ~ 4, The Oakwood Apartments are quite close to the Seal Beach Trailer Park, residential neighbors to the southwest, with setbacks of approximately 3 to 5 feet. Across First Street, are single family residences, approximately 120 feet from the Oakwood Apartments. Residents who live in the immediate vicinity testified against the proposal on the grounds that allowing the convenience store to sell beer and wine would increase noise and generate traffic, I Q:!$, , :#~- : '.' ~ I I I .Resolution Number 4/q9 Section 6. Based upon the evidence. and pursuant to ~~ 28-2503 and 28-2504 of the City's~, the City Council hereby finds: 1. The proposed use of off-premise sale of beer and wine is incompatible with surrounding uses in the First Street area and in the community in genera!. The subject property is located in Census Tract 995.05, which is currently "overconcentrated" pursuant to Department of Alcoholic Beverage Control guidelines, This census tract currently has eight (8) licensed off- premise locations, with five (5) licensed locations being the guideline as set forth by the Department of Alcoholic Beverage Control. If approved, the proposed use would be the ninth (9th) off-premise location within Census Tract 995.05, almost double the amount found appropriate for the area by the Department of Alcoholic Beverage Control. Testimony presented indicates that the proposed use would adversely impact the adjoining residential areas, Approval of the application seems especially likely to cause conflicts with neighboring residential uses because of its proximity to residential uses and to numerous other sites at ,which alcohol-related businesses are conducted. Section 7. Based on the foregoing, the City Council hereby sustains the decision of the Planning Commission concerning Conditional Use Permit 92-4, and denies the requested off- premise beer and wine sales request. Section 8. The time within which judicial review, if available, of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and Section 1-13 of the Code ofthe City of Seal Beach, unless a shorter time is provided by other applicable law. PASSED, APPROVED AND ADOPTED by the City CO\~lof the City of Seal Beach at a ~j. thereof held on the ~~ day of ( ~'" ~ 7 ) ,1993, by the folIowing vote: AYFS, ~~A'~,~'-s:f~r'~ NOES: Councilmembers ABSENT: Councilmembers ~"'~ ~ 7~.4/ "., ltfA YOR o$"~'\\\" $ f SEAL ,.~ :- 0 ....... #'-f "I ~:: ~ ,,.Jt.o"'Ot"":i.~ C''1-I\ r).!",~<i' 0\", "':. 0 z : : .c~ o. ..:-~ ~. o.;elii! ;..o~ .,..:~* .-. Q ~.. !II Olf ,.,1-'" ..,/llt Z7, ,"..J' ~ 'cJ.:'I" .........c..."..: "I~OUN'('l~ \\~II_ STATE OF CALIFORNIA COUNTY OF ORANGE ~ CITY OF SEAL BEACH } } } S5 I, JOaiine M. Yeo, City Clerk of Seal Beach, California do ereby certify that the foregoing resolution is the original copy of Resolution Number r; on file in the office of the City Clerk, passed, approved, and ad~bY the City Cou 1 of the City of Seal Beach, at a regular meeting thereof held on the _ day of . 1993, -;}h . Resolution Number J.//tJ9 PROOF OF PUBLICATION (2015.5 C,C,P,) STATE OF CALIFORNIA, County of Orange .- This space for for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County afore- said; I am over the age of elghtoen years, and not a party to or Inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of general circulation, printed and published weekly in the City of Seal 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 2/24175. Case Number AB2583; 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: Proof of Publication of PUBLIC NOTICE/Public Hearing .... ...;,....................... !Ph"....,..1 cri..'/ ........L. H...{ I I/' '-7 ............................ . 1 all in the year 19~. N011cE OF PUBLI,~;~~I~G. . NOTICE IS'HEMGIYEN IllI1Iho City counclHf-t~i"CIj;j :or S.a' Beach WII ho/d1i.iBIII"ile.t Mandl;';,,~~'llt 9il'f~: p.lll. In Iha (;..;;'""2' ., :cfumbita 21l.Elah'h ,S,..t)i.'ll'll Bplch:' c_!"'-.:Ilt'COIIIIdll"1ha IIiIIllIifllll 118m:" . .. . co.....__UliEPElIirr~ . A";'~' IT 1 dR. -1GI:nQN. . .,ClF~ /llIllUal: Appear of Plannln,. CommJlllon r.commend.don ..of.- d.nl. of a. reciutoI.. _Iha'ofI.premoe IlIIe end"::; .1IIId.wIn!!.al..~ ~llIilly ap . ~i!JaIlo!twl1Nn a """_ campier wfIh ....11I.. 150 _ _11833 FidI Steet. Sei! ~ ~Af!amltnIa). I certify (or declare) under penalty of perjury that the foregoing is true and correct. I:rwIrtWnD..... ~. . Thla proflOll. <II.... a_PI Iran CEQA _. . .' '. . 1 Dated at Seal Beach. California, this /0 day of be( , 19j!L. l'".ftd.~.' 2&~11C1(3J';2a;ladom.~25Clll, . 2504 .' .. . AnnIIeAntIAnnai....,. . JahnAbboud..... :...,.~. . -. . . - .....~ I: ., - . .clII:aII::.. _.... :." ._..' St" ,t.~~"" ': C....~nPY., ,~IUb, Apartment., ....:.dtiil-...OiIkWood Apet't'Mn. . ',,; ".. ,...:,"T .' PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O, Box 755 Seal Beach, CA 90740 (213)430-7555 At the 'abON t'm.. .~d place all "IO~~.~. ,.,. be heorcI " . 10 d.~Jr.d,:!I ;00( ch8lItiiG.~Ih,- ~'IICI\<!n"II"CCUr1, you,~: b. JI..rro.d ,10; rtlilna: orilr'lHci.. !I111et JOU o'''oonieani tfaii raJltd I' !!It PUb!'C:hHr!ng'cleai:rtbed In thl. ~.pDd~.... . Dr. 'fn .rlue;,.. CDfT _ ~ c nA.nca dIIIverwcIlD Ihe Olu .or SN/:B.ach 'it ~""'J' ... Public Hoaiina.' : '.. or 1O.,1he DATED:rIlIS ~';.I8jo Ol~,. 1892. . . Joailnt:roo . . CllyCloot<'. . '.. Docomllor.10..11ll12 . ~h"SoaIae'"",JoumeJ. I