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HomeMy WebLinkAboutCC Res 3416 1984-10-22 RESOLUTION NUMBER ~~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. CALIFORNIA, APPROVING APPEAL A-4-34 FILED ON THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 14-84 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, an application was duly filed by Southland Corporation, 1240 State College Boulevard, Suite 100, Anaheim, California 92806; and I WHEREAS, the property is described as a portion of Lots 66, 68, 70 and 74 of Block 212, Bay View Tract, Seal Beach, California, County of Orange, as recorded in Book 8, Page 91 of Miscellaneous Maps of Orange County, California; and WHEREAS. the subject property contains approximately 14,700 square feet and is located at the southeast corner of 12th Street and Pacific Coast Highway (1200 Pacific Coast Highway); and WHEREAS, the subject property contains a single story donut shop and a one-story convenience store (7-11); and WHEREAS, the surrounding land use and zoning are as follows: North - A local shopping center in the C-l (Service Commerclal) zone East - Vacant land in the R-l (Single Family Residential) zone and an auto sales and service facility in the C-2 (General Commercial) zone South - A mixture of single family residences, legal I and legal nonconforming multi-family units in the R-3 (High Density Resldential) zone. West - The former Zoeter School located in the PLU (Publlc Land Use) zone; and WHEREAS, ln 1979, an old service station site at 12DO Pacific Coast Highway was redeveloped into a Winchell's Donut Shop and a 7-11 store; and WHEREAS, on June 18, 1982, the Southland Corporation (7-11 Stores) applied for a Conditional Use Permit (CUP 5-82); and WHEREAS, on July 2, 1982, the Southland Corporation requested that the Conditional Use application 5-82 be continued due to the impending election to determine if the Seal Beach School District would merge with the Los Alamitos School District and the unknowns about the future use of Zoeter School; and WHEREAS, on January 5, 1983, the Planning Commission held a public hearing on continued CUP 5-82 (Southland Corporation). After much discussion, the item was continued with directions to staff to provide a reading as to what the Los Alamitos School Board would be planning for the Zoeter School site in the future. Conditional Use Permit 5-82 had been considered by staff to be functionally withdrawn due to the significant period of time that has lapsed since its last hearing; and I WHEREAS, on July 18, 1984, the Southland Corporation made a new application for on-sale beer and wine (CUP 14-84); and Resolution Number .34/(P WHEREAS, the Police Department has been contacted on this application and has stated that if conditions are such that Zoeter School will remain closed, that they would have no objections to the issuance of the off-sale beer and wine license. The Police Department position is that preschool activities are the same as the school being closed due to parental and teacher continual supervision; and WHEREAS, the current status of the Zoeter School site is as summarized as follows: I 1) The Los Alamitos School Board has declared the site surplus, and through Superintendent Charles McCully, has offered the entire site to the City on a five- year renewable lease arrangement; 2) The City has responded to the District with a counter- offer; 3) The day-care facility and a nursery school currently lease a portion of the buildings on a month-to-month basis; 4) Another organization, the Old Zoeter School Cultural Center, a non-profit group, is also involved in negotiations. Their interest is in preserving the building portion of the site by continuing the day-care and nursery school uses in the buildings fronting 12th Street and Landlng Avenue and converting the original bUllding to commercial uses of a fine arts nature and restaurant; 5) The site is surplus and negotiations have begun to lease and/or acquire the site. The site will not be reused as an educational facility; and I WHEREAS, on August 15, 1984 the Seal Beach Planning Commission held a public hearing on Conditional Use Permit 14-84 and continued the matter to the next meeting; and WHEREAS, on September 5. 1984, the Seal Beach Planning Commisslon continued the matter to allow the Chief of Police additional time for research; and WHEREAS, on September 19, .1984. the Seal Beach Planning Commission held a public hearing on Conditional Use Permit 14-84 and then moved to deny the request by adoption of Planning Commission Resolution #1337; and WHEREAS. upon denial of Conditional Use Permit 14-84, the applicant filed an appeal application A-4-84 on October 22. 1984; and ImEREAS, on October 22, 1984, the City Council received the Planning Commission'.S report and recommendations and then held a public hearing; and WHEREAS, the City Council makes the following findings regarding Appeal 4-84: I 1) That the application for off-sale beer and wine for the subject location provides a public convenience and/or necessity to the local neighborhood and its residents not specifically provided by other operations within one thousand feet. 2) That the school is closed and will not be put to educational use. Resolution Number 31//6 3) That the Police Department has no objection to the application since the school has been closed. 4) The inclusion of off-sale beer and wine to the existing 24 hour convenience store operation is not expected to significantly impact the neighboring community. NOW, THEREFORE. BE IT RESOLVED that the City Council does hereby approve Appeal 4-84 with the following conditions: 1) That no video games be located in the store. 2) That no alcohol be sold after 12 a.m. Sunday thru Thursday and 1:00 a.m. Friday and Saturday. 3) That the Conditional Use Permit be issued to Southland Corporation and that it be non-transferable. 4) That the term of this permit shall be for six (6) months. after which time the Planning Commission can extend the permit for another six (6) month period of time provided that all conditions of approval have been satisfied and no serious police problems have occurred. At the end of the second six (6) month period of time, the Planning Commission may extend the permit indefinitely provided that all conditions of approval have been satisfied and no significant police problems have occurred. I PASSED, APPROVED AND ADOPTED by the City Council Seal Beach at a meeting th reof held on the ~ 1984, by the fo 11 owi ng voe: AYES: NOES: ABSENT: Councilmember CO""'il"'b'''~_ Counci lmembers I Q~A~ ~-J'~~'r ~ ayor ~ tJ. ity Clerk ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo. City Clerk of the City of Seal Beach, California, do hereby certify that the fore~oing resolution is the original copy of Resolution Number ~~/t.on file in the office of the City Clerk, passed, approved and adopted by the City Council of the ~ City of ~eac~ a regular meeting thereof held on the ~~ day of tL., 1984. I ~-..&l u2 ty Clerk /