Loading...
HomeMy WebLinkAboutPC Res 23-16 - 2023-12-18RESOLUTION NO. 23-16 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 23-1 TO ALLOW A REDUCTION OF THE REQUIRED 1,000 FOOT DISTANCE FROM PARKS FOR THE SALE OF BEER AND WINE AT A CONVENIENCE STORE OF AN AUTOMOBILE SERVICE STATION LOCATED AT 4000 LAMPSON AVENUE IN THE CG (GENERAL COMMERCIAL) ZONE I_T►l Y611kyMi'N01XO1►&*] Section 1. Steve Rawlings ("the applicant") on behalf of Nirvair Corporation ("the owners"), submitted an application to the City of Seal Beach Department of Community Development for Variance (VAR) 23-1 to allow a reduction in the required 1,000 foot distance from parks for the sale of beer and wine at a convenience store of an automobile service station within the CG (General Commercial) zone. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for permitting the sale of beer and wine within an existing automobile service station convenience store, as there is no associated development. Section 3. A duly noticed meeting was held before the Planning Commission on December 18, 2023, to consider the application for Variance 23-1. At this meeting, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site consists of a 22,121 sq. ft. parcel developed with an automobile service station with a convenience store. The subject site is located on the northeast corner of Lampson Avenue and Basswood Street. The subject site is surrounded by residential uses to north and east, open space parks and recreation to the south, and recreational/golf use to the west. B. The Seal Beach Municipal Code (SBMC §11.4.05.035) requires all Automobile Service Stations to adhere to standards based on the specific use. C. The applicant is requesting approval of Conditional Use Permit (CUP) 23- 4 to allow the sale of beer and wine (ABC Type 20 alcohol license) for off-site consumption. The CUP is required in order to comply with the applicable Standard Conditions for Alcohol Related Land Uses, pursuant to City Council Policy 600-1. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings with respect to Variance 23-1: 1 of 4 Resolution 23-16 4000 Lampson Avenue A. The variance conforms in all significant respects with the General Plan and with any ordinances adopted by the City Council. The General Plan Land Use Map designates the subject property as Service Commercial and the subject site is consistent uses as allowed in the General Commercial zoned properties. The applicant's proposal for the sale of beer and wine complies with all development standards set by SBMC §11.4.05.035, with the exception of the requested reduction in the 1,000 foot distance from a the park. B. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning district classification. The subject property is the only commercial property in the city not located on a commercial corridor or within a shopping center, and is unique in being the only commercial property located within College Park East with the ability to provide convenience goods and services to that neighborhood. The strict application of the Zoning Code would deprive the subject property of providing a convenience service that other uses in the General Commercial zone are able to provide within the city. C. The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The applicant is requesting a reduction in the required distance from the nearest park from 1000 feet to 350 feet. Research through the State's Alcohol Beverage Control (ABC) data shows that there are 12 ABC licenses within the city for the off-site sale of alcohol beverages and research of each site has identified that 7 of the 12 are located within 1,000 feet of a park, and an additional 1 is located within 1,000 feet of a school, so the granting of the variance would not grant a special privilege that 8 out of 12 vendors do not already have. D. Authorization of the variance substantially meets the intent and purpose of the zoning district in which the property is located and will not be detrimental to the health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the City. The subject site is located in the CG zone which is developed with an automobile service station with a convenience store. The applicant is proposing the sale of beer and wine (ABC Type 20 License) for off-site consumption with an existing convenience store. The applicant's proposal will comply with all development standards required by the Seal Beach Municipal Code, with the exception of the requested reduction in distances from residential and park designated properties. The addition of the sale of beer and wine is not expected to interfere with the quiet enjoyment of property by residents. The automobile service station and convenience store have been in operation in good order for several years and the city has not received any complaints of their operations impacting the nearby residences. The sale of beer and wine would be incidental to the current operations, and as such, is not expected to produce additional impacts. E. The sale of the beer and wine at the convenience store would provide a public convenience or necessity as this would be the only location within College Park East where these convenience goods can be bought. Nearby residents currently need to drive to the shopping centers on Seal Beach Boulevard or into Garden Grove to make their purchases. The sale of beer and wine would be incidental to the current operations and sales at the convenience store and there is no indication that this activity would create an additional nuisance. 2 of 4 Resolution 23-16 4000 Lampson Avenue Section 5. Based upon the foregoing, the Planning Commission hereby approves Variance VAR 23-1 subject to the conditions listed below: Variance 23-1 is approved to permit a reduction in the required distance to public parks from 1000 feet to 350 feet in the CG (General Commercial) zone. 2. The applicant must obtain all necessary Permits and shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. In connection with the 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, California Business and Professions Code Sections 23000 through 25762, and its implementing regulations set forth in Title 4 of Division 1 of the California Code of Regulations, including but not limited to Rule 61.4. 3. This Variance shall not become effective for any purpose unless/until the governing CUP is approved; and a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 4. A modification of this Variance must be applied for when the applicant proposes to modify any of its current Conditions of Approval or there is a substantial change in the proposed site plan. 5. The Planning Commission reserves the right to revoke or modify this Variance if any violation of the approved conditions occurs, any violation to the governing CUP occurs, or any violation of the Code of the City of Seal Beach occurs. 6. This Variance shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning _Commission pursuant to written request for extension submitted to_ the Community Development Department a minimum of ninety days prior to such expiration date. 7. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Variance, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 8. Applicant must submit a full parking site plan for approval by the Director to remain on file. 3 of 4 Resolution 23-16 4000 Lampson Avenue PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on December 18, 2023, by the following vote: AYES: Commissioners COLES, MASSETTI, MINGIONE, WHEELER NOES: Commissioners CAMPBELL ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Alexa Smittle Planning Commission Secretary 4 of 4 Chairperson