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Home My WebLink AboutCC Res 4203 1993-02-22 ." RESOLUTION NUMBER~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH SUSTAINING THE PLANNING COMMISSION DETERMINATION REGARDING CUP 92-22, DENYING AN APPEAL OF CONDITION 6, RELATING TO UGHTED WINDOW SIGNS, RELATIVE TO A REQUEST TO ALLOW THE OFF-PREMISE SALE OF ALCOHOUC BEVERAGES IN CONJUNCTION WITH AN EXISTING UQUOR STORE LOCATED AT 322 MAIN STREET, SEAL BEACH (NIP-N- STUFF UQUOR) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: I Section 1. On November 12, 1992, John Baker ("The Applicant ") filed an application for CUP 92-22 with the Department of Development Services. The applicant seeks a conditional use permit for the operation of.an existing liquor store, This application has been filed in response to City Ordinance 1348 which permits existing legally non-conforming businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance, Section 2. A duly noticed public hearing was held before the Planning Commission on January 6, 1992 to consider the application for CUP No, 92-22, No written evidence was 1 submitted for or against the project. At the public hearing the applicant spoke in favor of the request and no people spoke in opposition. Section 3. The Planning Commission approved CUP 92-22 on a 4-0-1 vote, with Commissioner Orsini being absent. Condition No, 6 of Resolution No, 93-2, approved by the Planning Commission, states, "No new lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas facing a public street or right-of-way. Interior displays of alcoholic beverage signs which are clearly visible to the exterior shall constitute a violation of this condition, Existing window signs shall be removed by December 31, 1993." Section 4, An appeal of the above described condition of the Planning Commission was duly filed with the City by the applicant, and the City Council held a duly noticed public hearing on February 8, 1993, At the February 8, 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 the Applicant. 1. The existing liquor store is located along Main Street, which is the main commercial corridor of the "Old Town" area. I Section 5, The evidence submitted to the Commission and Council indicated: 2. The condition of approval under appeal has been imposed by the Planning Commission on all applications for conditional use permits for alcohol related land uses since approximately 1984, and is intended to preserve the quality and I I I . Resolution Number ~.2tJ5 vitality of the City's most vital commercial area by avoiding unaesthetic, visual clutter due to excessive and garish signs, 3. The Planning Commission determined to allow the subject business to retain its existing lighted signs advertising alcoholic beverages until December 31, 1993, to lessen the burden to the applicant. 4. The applicant concedes he has not incurred any cost in acquiring the subject lighted signs advertising alcoholic beverages, 5. Main Street is the City's most vital and visible commercial area, characterized by historic buildings of wood, brick and stone, and the sign age used on that street is expressive of that low intensity historic ambiance. 6. llluminated signs, especially competing brand name signs, which are provided to local business at no cost by wholesalers of alcoholic beverages' are inconsistent with the existing character of the Main Street area and if pennitted would detract from the visual appeal of the district, which is of notable economic value to all who transact business there, including the applicant. 7. Permitting the applicant to retain the existing illuminated window signs would constitute the conferring of a special privilege on the applicant, as no other applicant in recent years has been pennitted to maintain illuminated window signs. Section 6. Based upon the evidence, and pursuant to ~~ 28-2503 and 28-2504 of the City's ~, the City Council hereby finds: 1. Grantjng the appeal and allowing the applicant to maintain illuminated window signs would be to allow a use which is incompatible with and detrimental to surrounding uses in the Main Street area and the C-l Zone. 2. Accordingly, the appeal must be denied pursuant to Sections 28-2503 and 28-2504 of the Code of the City of Seal RP"'ch, Section 7. Based on the foregoing, the City Council hereby sustains the decision of the Planning Commission and affinns the imposition of Condition No. 6 relating to lighted window signs, and denies the appeal of the applicant to delete that condition of approval. 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 of the City of Seal Beach, unless a shorter time is provided by other applicable law. PASSED, ~PROVED AND ADOPTED by the Cit~the City of Seal Beach at II rP thereof held on the day of . N .It -"I ' . 1993 by the folIowing vo . AYES: Councilmemb NOES: Council members ABSENT: Council members Resolution Number ~~l?~ A:. T: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } Au," / 7>AoA~ MAYOR ' ""~'~'''''\\, .::?' ~ SEAL" 11\\ - -. 0 ........ 'of "1 ~~...'tO..OIl4;.. ~ ~~ :: t; ,:,+ #4"" -s. i~ Sf · 0 \ 2": ~'l.i< " . o : : <~ ~\tIl~O Q':~~ ." ..~ ..": ~i! 'Io"'"...OIlF. ,,,'''oJ' !c.O~ ""i!W.Ill eo 21. I-...~- "'" C........ t."".::r I\\\.~U Nt~~.;:po~ ,\,,\_~ 5S ," I, Joanne M. Yea, City Clerk of Seal Beach, CalifOm~; hereby certify that the foregoing resolution is the original copy of Resolution Number ~on file in the office of the City Clerk, passed, approved, and ~Le City C~ofthe City of Seal Beach, at a regular meeting thereof held on the day of ~.N17.::>')19~3. I I I I I I Resolution Number ~~~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange This space for for the County Clerk's Filing Stamr 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 matter. I am the principal clerk of the printer of the SEAL BEACH ,JOURNAL, a newspaper of general circulation, printed and published weeklv 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 Calif...~nio. under the date of 2/24/75, Case Number A82583: that the notice "f whi.;h the annexed is a printed copy (set in ~yp.e not smaller than rO'lpareil), has been publis~eci in each regular and entire issue of said 1ewspaper and not in any supplement thereof 013 the following dates, to.wit: Proof of Publication of NOTICE OF PUBLIC' HEARING ..............'......0...... .....C uP .q~-:J.?. .~Pf?~j NpTICE OF:. PUBUC HEARING NCmCE IS HEREBY GIVEN 1hal1ho C'ly CDuncU 0' 1/1. Clly 0' 5..1 BaaCh.. hold:. pI!bIIc: hoorlng an MDf\dIlr. February it '913 at 7:00 pm. .... CI\' Council ~. 211 Elahl~ sire... 5..1 B,.ch, CoIllamlo, .. _ ... lDllaiiIna 110m: ClHl!!Jl;I!W.~. . .... ""' --" " . _II4IlSlREET"'" lIIuIl: Tho oppoIIonllo OIIPlIIiila _an of .pproval ... at Planning 'C...m1.11on IlHDlutiDn No. 113-2. _ aondIlIDn roquho 1OIIID'oi DI "I oxlO1lng lIahled Ilanl "'vorlillng oIc:cI!:ICIIq__1ram lhowl_ ..... Dllho Ujoa Iquar ..... (Nip 'nS1Ulll. JL'V\'\. 2. ( all if' the year 19..aa..,. I certify (or declare) under penalty of perjury that the foregoing is true and correct. I=rwlrnnmMIIIII ~ ThIi p"rlfoa1l _arIcoIly .....pt Iram CECA........ I~~.' 28-1400; 28-2503; 28-2504: Atticla 29.0 al Choplot 28. Dated at Seal Beach, California, this QJ day of JQ/Y\ ,19..aa..,. "0... Signature AIlIIIIIIm: JolIn Bokor PPnnIWtv n.mr Lucile E.""'" AI thl above lima and pllce all InIa..llid per.... may be _ " 10 fi..lled. If you c!halrenae ihe prapclIOd ac:IIanIln ~, you may b.llmllOd lD"'!!.IIf~'.!'nl1. lllOI' ISlUn you or tamlOll8 else rall.d 1111I. public h.artng d....bpd In thl, notice.' or In' wrln.n ......__10 lho Clly 01 Seal Beach at. Of prior taf'lhl Pubic Hoamg. . , -, . '. 8L:C~TI,: I\: PRC(,i::SSEC, 3Y: . .,E: ..R ....&._ "t:~ -:iPAPE:=lS ''210 Mafr. S,feet 0.( . Sox 755 Sea' Be'ach, CA 90740 (311)430-7555 DATED THIS 13th day of January 11193. Jaonno VOD. City Cl.", C"Yal _Bool:h , ..IIu"uary!1,181l3. "-"'11 t'eSOal BoocI1 JaumaI