HomeMy WebLinkAboutCC Res 4209 1993-03-22
RESOLUTION NUMBER ~t:J 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH SUSTAINING THE
RECOMMENDATION OF THE PLANNING
COMMISSION REGARDING THE HOURS OF
OPERATION ESTABLISHED FOR CONDITIONAL
USE PERMIT 92-20, ALLOWING JOHN'S FOOD
KING MARKET TO OPERATE BETWEEN THE
HOURS OF 6:00 AM AND 2:00 AM DAILY, AT 148
MAIN STREET, SEAL BEACH (JOHN'S FOOD
KING MARKET)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section LOn September 20, 1992, Donald and Sharon Davis ("Applicants") filed an
apphcatior. for Conditional Use ,Permit (CUP) #92-20 with the Department of Development
Services. The Applicants seek approval and indefinite extension of Conditional Use Permit
~CUP) #92-20, pursuant to U28-l300, 28-1304(1), 28-2401, 28-2503, 28-2504, 28-2505 of~
Code of the City of Seal Beach. CA (Code). The Applicants wish to obtain approval for an
after-the-fact off-sale beer and wine alcohol-related land use entitlement in conjunction with an
existing grocery market at 148 Main Street, Seal Beach, CA.
Section 2. Pursuant to 14 California Code of Regulations, ~15025(a) and ~II.B of I
the City's Local CEQA Guidelines, staff has determined as follows: CUP #92-20 is
categorically exempt from review, pursuant to the California Environmentai Quality Act pursuant
to 14 Calif. Code of Regs. ~15301 (Existing Uses), because the application is for an existing use
which is not expanding, pursuant to ~15305 (Minor Alterations in Land Use Limitations),
because the proposal involves a minor alteration in land use limitation and does not involve
either a property in excess of 20% slope or a change in land use or density, and finally, pursuant
to ~15061(b)(3), because it can be seen with certainty that there is no possibility that the
approval may have a significant effect on the environment.
Section 3, Duly noticed public hearings were held before the Planning Commission
on November 18, 1992 and January 20, 1993 to consider the application for CUP No, 92-20.
At the public hearings, the applicant and two persons spoke in favor of the request, with four
persons speaking in opposition to the subject request.
Section 4, The Planning Commission approved CUP 92-20 on a 4-0 vote. Condition
No 4 of Resolution No, 92-62, approved by the Planning Commission, states, "The hours of
operatiol' shall be 6:00 A.M, to 2:00 A.M." (hereinafter "Condition No.4").
Section 5. An appeal of the above described condition of the Planning Commission I
was duly filed with the City by Council member Hastings, and the City Council held a dul)
I\oticed public hearing on March 8, 1993, At the March 8, 1993 public hearing, City Council
consldered all oral and written testimony and evidence presented at the time of the. public
hearing, including the staff reports,
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, Resolution Number ~:tP9
Section 6.
The evidence submitted to the Commission and Council indicated:
(a) Condition No.4 of CUP #92-20 is consistent with the provisions of the City's
General Plan, which indicate the subject property is to be used for general
commercial purposes, which includes off-sale service of beer and wine.
(b)
The building and property at 148 Main Street are adequate in size, shape,
topography and location to meet the needs created by the proposed use of the
property. Specifically, the building and property are adequate to accommodate the
operation of a grocery store for the hours set forth in Condition No.4.
(c)
Required adherence to applicable building and fire codes ensures there will be
adequate water supply and utilities for the proposed use.
(d) The use of the subject property as a retail grocery store selling beer and wine
during the hours set forth in Condition No, 4 is compatible with the existing and
intended character of the Main Street area. Adherence to the conditions of
approval placed on the use by the City of Seal Beach and the Department of
Alcoholic Beverage Control should mitigate any negative impacts to the
neighboring residential properties,
(e) The Seal Beach Police Department has reviewed the existing records of John's
Food King and has no reservations regarding the use during the hours set forth
in Condition No.4.
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Section 7. Based upon the evidence, and pursuant to ~~ 28-2503 and 28-2504 of the
City's Code, the City Council hereby finds that allowing the applicant to operate between the
hours of 6:00 a.m, and 2:00 a,m., with all conditions as imposed by the Planning Commission,
would be compatible with and not detrimental to surrounding uses along the Main Street
commercial area and in the C-l Zone,
Section 8. Based upon the foregoing, the Council hereby denies the appeal pursuant
to Sections 28-2503 and 28-2504 of the Code of the City of Seal Beach, and the Condition No.
4 of Planning Commission Resolution No. 92-62 is hereby sustained.
Section 9, 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.
P A SED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a eeting f held on the d?01~ , day of
, 1993, by the follo\\(ing vote:
AYES:
Councilmembe
NOES:
ABSENT:
_~UA./ )" "J~
MAYOR
Resolution Number tf:209
A TIEST:
.ad
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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do hereby certify that the foregoing
n file in the office of the City
e Cit of Seal Beach, at a regular
/ , 1993.
I, Joanne M. Yeo, City Clerk of Seal Beach, California
resolution is the original copy of Resolution Numb
Clerk, passed, approved, and ado led by the City C
~ting)hereof held on the / day of
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