HomeMy WebLinkAboutCC Res 4266 1993-10-25
RESOLUTIONNUMBER~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, SUSTAINING THE APPEAL OF THE
PLANNING COMMISSION DENIAL OF CONDITIONAL USE
PERMIT #93-10, THEREBY APPROVING A REQUEST FOR
AN ALCOHOL-RELATED LAND USE ENTITLEMENT FOR
ON-PREMISE SERVICE OF BEER AND WINE AT THE FIT
STOP, 12235 SEAL BEACH BOULEVARD, SEAL BEACH, CA
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND
RESOL VB:
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Section I. On May 5, 1993, Henry A, Sarrouf, ("Applicant") filed an
application for Conditional Use Permit (CUP) #93-10 with the Department of Development
Services. The Applicant sought an alcohol-related land use entitlement for on-premises service of
beer and wine in conjunction with an existing snack bar (The Fit Stop) inside an existing health
club (Rossmoor Athletic Club) at 12235 Seal Beach Boulevard, Seal Beach,
Section 2, A duly noticed public hearing was held before the Planning
Commission on June 23, 1993, to consider CUP 93-10, Evidence, both written and oral, was
submitted in favor of and against the application,
Section 3,
conditional use permit.
Voting 4-0-1, the Planning Commission denied the requested
Section 4. An appeal of the Commission's denial of CUP 93-10 was timely
filed with the City Clerk. On October II, 1993, the City Council held a duly noticed public
hearing to consider the appeal of the Planning Commission's denial of CUP 93-10. The Council I
considered all oral and written testimony and evidence presented at the time of the public hearing,
including the staffreports. No one spoke in favor or against the application.
Section 5, Pursuant to 14 California Code of Regulations, ~15025(a) and
~n.B of the City's Local CEQA Guidelines, staff has determined as follows: CUP #93-10 is
categorically exempt from review, pursuant to the California Environmental Quality Act pursuant
to 14 Calif. Code of Regs, ~15301 (Existing Uses), because it involves the negligible expansion of
an existing use, 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 200/0 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 6. Based on the facts contained in the record and pursuant to Code
~~ 28-2503 and 28-2504, the City Council hereby finds:
(a) CUP No, 93-10 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "general commercial" designation for the
subject property and permits the sale of alcoholic beverages for on-premises consumption subject
to the issuance of a Conditional Use Permit. The use is also consistent with the remaining
elements of the City's General Plan as the policies of those elements are consistent with, and I
reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General
Plan.
(b) Staff inspected the subject property in June 1993, and found the
restaurant meets all requirements of the ~ and presently meets all normal conditions of
approval for establishments selling alcoholic beverages for on-premises consumption, Though in a
private health club, the Fit Stop is open and accessible to the public,
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Resolution Number ~&;
(c) The building and property at 12235 Seal Beach Boulevard are
adequate in size, shape, topography and location to meet the needs of the proposed use of the
property.
(d) Required adherence to applicable building and fire codes ensure
there will be adequate water supply and utilities for the proposed use.
(e) The Fit Stop possessed a Conditional Use Permit and valid ABC
license to sell beer and wine for on-premises consumption from 1984 until 1992 when the
business changed hands and the previous owner refused to transfer the license, During the eight
(8) year period that alcoholic beverages were served on the premises the City has no record of
complaints regarding the service of alcoholic beverages on the site and there has been no
extraordinary demand for law enforcement services as a result of the service of alcoholic
beverages at the site,
(f) The sale of alcoholic beverages for on-premises consuinption, if
properly conditioned and enforced, is compatible with the character of the surrounding area,
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 neighboring
residential properties.
Section 7. Based upon the foregoing, the City Council hereby sustains the
appeal of the Planning Commission denial of Conditional Use Permit 93-10, thereby approving
Conditional Use Permit 93-10, subject to the following conditions:
I. CUP 93-10 is approved for an alcohol-related land use allowing the on-premises sale of
beer and wine at 12235 Seal Beach Boulevard, Seal Beach,
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 ~~ 23000 to 26000, including but
not limited to Rule 61.3(a) and 61.4,
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 8:00 A,M, to 10:00 P.M, daily,
5, No video games or similar amusements shall be permitted on the premises.
6. No 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, Interior displays of alcoholic beverages which are clearly visible to the
exterior shall constitute a violation of this condition,
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.
9, A modification of this Conditional Use Permit shall be obtained when:
(a) The establishment proposes to change its type of liquor license.
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(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 the Code of the I
City of Seal Beacl}, occurs, ifharm or retail related problems are demonstrated to occur as
a result of crimina1 or antisocial behavior, including but not limited to the congregation of
minors, violence, public drunkeMess, vandalism, solicitation and/or litter, 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 unreasonably disturbing surrounding residential or
commercial areas.
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 Municioal 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 applicantllicensee 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 oflegal operations and penalties for vio1ations of
these laws.
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b) The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure,
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, including 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:
Telephone: (714) 558-6482
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1)
Department of Alcoholic Beverage Control L,E.A,D. Program
2) Orange County A,D.E,P.T, Program, for referral to either the B.A.D.D, or
T.I.P,S. Program,
Telephone: (714) 568-4187
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!<e.solution Number 41.:2"
I S. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment, and operators of such establishments shali remove trash and debris on an
appropriate basis so as not to cause a health problem, There shall be no dumping of trash
and/or glass bottles outside the establishment between the hours of 10:00 P.M, and 7:00
A.M.
16,
This Conditional Use Permit shall become null and void unless exercised within one (I)
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.
17. All alcoholic beverages sold in conjunction with the on-premises licensed establishment
must be consumed entirely on the premises prior to closing time, and none shall be sold as
take-out. 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.
18, Conditional Use Permit 93-10, 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 offood until thirty (30) minutes prior to
closing time,
19.
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.
20,
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,
23, The knowledge and skills deemed necessary for responsible alcoholic beverage service as
set forth in Condition No, IS, shall include for on-premises licensed locations, but not be
limited to the following additional topics and skills development:
a) Methods to appropriately pace customer drinking to reduce the risk that the
customer will not leave the premises in an intoxicated manner,
b) Knowledge ofmixology, including marketable alternatives to alcoholic beverages.
Section 8. The time within which judicial review, ifavailable, 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,
Resolution Number ~~~
PASSED, APPROVED AND Abo TED by the mouncil of the City of Seal Beach at a
meeting thereof held on the f!- day of h:C, 'TI ~ -'" ) . 1993, by the following
vote:
AYES: Councilmembers ,
NOES: Councilmembers I
ABSENT: Councilmembers
~F~RS~~r
MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the for oing Resolution
is an original copy of Resolution Number ~ on file in
the office of the City Clerk, passed, ap roved and adopted
by the City Council of tJle City of m~h at a ~ing
t hel on the,..?6" _ day of y" J , 19 .
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Resolution Number 4-2hb
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 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 SUN, a newspaper
of general circulation, printed and
published weekly in the City of s.e.aJ.
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 A82583;
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 da es, to-wit:
f
Proof of Publication of
~ NOllCEOF
. . . . . .. PUBLIC HEARING ... . . . .
NOTICE IS HEREBY GIVEN that
the CIlY eoundl 01 tha CIlY 01 Saol
. . " . . . BaaCh Cahlornia,W11 hald a public ,. . . ...
h..ring on Monday ~UDUs'lI3.
1993 al 7:00 p.m. In the ty
CouncIl Chamber., 2'.' Eighth
Street. Seal Beach, ~.lIfornl., 10
~ CDI"IIlder Ihe foUDWlng 118m.
CONDITIONAL USE PERMIT
. 113-'0
12235 SEAL BEACH BOULEVARD
APPEAL OF PLANNING
C()Io9oolISSIDN
RECOMMENDATION OF DENIAL
_" Approval 0' an ok:DhDi-
ralamdlan usa....- for 0"
pram" oanrica 0' baa' and wine al
12235 Seal Beach BoullWlld (The
FRS"P. within =::IHoUC
Ca"!"'l~sad, wl1h thO
III""!"" _ and Wlna ~ca""
::::;:"'........, on Augusl15, 1992
clue 1D naft-ren8W81. .
Emrironmenl8i -: ThIS Ce~"
Ia~axamplhom
revieW Sec'ian 15305. Minor
Aher8hana In Land U18l.im<<8I101\I.
. Coda SaclIona: 28-1300(7): 28-
:IcantIAppoIlanI: HenlY A
SarlOuf
ownar' CanIUIY Na..na1 PropoIIIII
AI thO iIxwa.me and p11C8.~~ K
_lad per.... may be__
eo cIaIiJvd, K you dlalleng8 thO
proposad _no in COUll, you mar
be 11!lII8CI" raI.ing only \hO" _d'
:=~~~In
ilia nolIca, or In wrId11'*-'~ D thO
-panda- ....-
CI1J 01 SeaI_ ... or prior'"
thOpuIIIoc_,
QaIod \ilia _ day 01 July, 1_
otJoaMBlI. Voo. CI1J CIotI<
CIly 01 SeaI-
I _7"'* AugU115. 111III ~
all in the year 19..aJ...,
I certify (or declare) under penalty of
pe,rjury thatlhe foregoing is true and
correct.
Dated at Seal Beach, California,
this >" day of ~., 19..aJ...,
~~~.
-' ~ature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 MaIn Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
Resolution Number ~~~
PROOF OF PUBLICATION
(2015.5 C,C.P,)
STATE OF CALIFORNIA.
County of Orange
This space for tor Ihe County Clerk's
Filing Stamp
I am a cilizen of the United Slates
and a resident of the County afore-
saId; , 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 SUN, a newspaper
of general circulation, printed and
published weeklv 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 ot
Orange, State of California, under the
date of 2/24f75, Case Number A82583;
that the notice of which the annexed
is a printed copy (set in type nol
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on lhe
following dates, to-wit:
~ If,
all in the yea 19~,
.1
Proof of Publication of
'--NOTicE OF PUBUC
......, HEA~NG
:.acmce 18 HEIlES" GIVEN """
: .. ClII' CauncII 01" City 01 _
. . . . ,. _ Ilu _IVOd a Roque" ""
Conl/nuo"". and WILL NOT
HOLD a public hearing Dn
Monda, Augus. 23. 1110 10
_.. --' 01.. Planmng
_.. denial ofCondJ_
U.. Parmlt a-l0, ragardlng tIla
raqUllt of . THE FIT S...... lor an
..call.....lICf__and_
.'2235 S8II Belch 8cUB.I8Id, 8.
_ ~ odvonilld and IIDDcod,
_ Ia UlIlIr a1- .... .. ClII'
Council Df IIlo City Df SaaI Beacll
wtIf _onua III p",,"e Manna on
1IIIa ......, ... 1IDnday, llapta_
13. 1_ al 7:00 p.m. In tIla CIII'
Council C/lamlla<o, II 211 E'IIhtll
StMOl, Seal BeIlCtl. CalifDrnla, ...
_"loIlow1nglram:
CONllITKlNAL USE
PERMIT 13010,
1_ SEAL lEACH
IOU~VARD
Al'PEAL OF PLAIOONG
COIIMISSlClIlI
RECOIIIIENDATlClN OF DENIAL
I\oqUIII: t\pprDvaI of an _.
relateclland UN enDdlmw for on-
promlIe _ 01_ and WIno
81 12235 Seal Beach Boulevard
(The Fit Shop. Within ROllmoor
AtIlIftc COnlarl, lln _lion WIll
prevlousl, licensed, with the
prevloul wine and be.r IIcen..
.in. revoked on August 15, 1892
due ID non...."",aI:
En.._ 110_: TWo pIDj8Cl
Ia calegDllcaJly .....pl frOm CEllA
mlow,Soc1JDnl5305,llonor
Aherabonl in Land U.. Llftutaliana
Coclo _no: 211-1300(7); 28-
lM05
ApplCllllVAppollant, _ry A,
. SamluI
rOwnor: eon.., Nollllna! Pro_.
A1"_ *"- and placo 01
'1n___llehoordll
, .. doolrod, II "'" _Ionll" III
-"" 0Clian0 In ...ur!, ro" _
1le_...raIlinganlytllooo
iul* you or eame0n8 _ rBlsed
. 111he public hHnng delalbed In
till nadce. Dr in wrltr8n
......pon__101t1o
CIty 01 _Ieac/l aI, or prior 10,
It10 public Iloonng,
_1Ili.13t1ldayolAug.....lll1l3
"JDanne V..
I CityClettc
I sa .lCXPublloh AUII, Ill, 11183 _
I certify (or declare) under penalty ot
pe,rjury that the foregoing is true and
correct.
Dated at Seal Beach, California.
this If day Of~, 19JU.,
~~
S' ature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
..... .
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