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HomeMy WebLinkAboutPC Packet_2023_12_18CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 18 December 2023 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Dominic Massetti District 3 — Richard Coles – Vice Chair District 4 — Patty Campbell – Chair District 5 — Margo Wheeler Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner Samuel Funes, Assistant Planner Amy Greyson, Senior Assistant City Attorney •City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed noon to 1:00 p.m. •The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk' s Office at least 48 hours in advance of the meeting at (562) 431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR A.Approval of the September 18, 2023 Planning Commission Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS B.CONDITIONAL USE PERMIT 23-4 VARIANCE 23-1 4000 Lampson Avenue Applicant: Steve Rawlings/UP2 Holdings, LLC Request: For a Conditional Use Permit (CUP 23-4) to allow the sale of beer and wine (ABC Type 21 alcohol license) for off-site consumption in conjunction with an existing convenience store within the General Commercial (CG) Zoned Area and to allow a reduction in the required distance of 100 feet from residences; and Request for a Variance (VAR 23-1) to allow a reduction in the required 1000 feet from parks on a commercial property located at 4000 Lampson Avenue in the the General Commercial (CG) Zoned Area Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 23-15 APPROVING Conditional Use Permit 23-4 with conditions and adopt Resolution No. 23-16, APPROVING Variance 23-1 with conditions and finding the project EXEMPT from the California Environmental Quality Act. PUBLIC HEARINGS DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Tuesday, January 16, 2024 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:December 18, 2023 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the September 18, 2023 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on September 18, 2023 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. September 18, 2023 Planning Commission Minutes 8 2 7 8 City of Seal Beach – Regular Meeting of the Planning Commission September 18, 2023 Chair Campbell called the Planning Commission meeting to order at 7:00 p.m. Commissioner Mingione led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Massetti Absent: Wheeler, Coles Staff Present: Amy Greyson, Senior City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner Samuel Funes, Assistant Planner Gloria D. Harper, City Clerk APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action and approve the excused absence of Vice Chair Coles and Commissioner Wheeler from tonight’s meeting. Motion by Commissioner Massetti, second by Commissioner Mingione to approve the agenda. AYES: Campbell, Mingione, Massetti NOES: None ABSENT: Coles, Wheeler ABSTAIN: None Motion Carried. PUBLIC COMMUNICATIONS Chair Campbell opened public communications. Speakers: None. Chair Campbell closed public communications. City Clerk Harper announced that no emailed comments were received after posting the agenda. CONSENT CALENDAR A. Approval of the September 5, 2023, Planning Commission Minutes 8 2 7 8 Motion by Commissioner Wheeler, second by Vice Chair Coles to approve the consent calendar. AYES: Campbell, Mingione, Massetti NOES: None ABSENT: Coles, Wheeler ABSTAIN: None Motion Carried. PUBLIC HEARING B. Minor Use Permit 23-6 12410-A Seal Beach Boulevard Applicant: Ranch Town Center LLC/Hal Hamilton Request: For a Minor Use Permit (MUP 23-6) to allow the operation of a 2,400 square foot animal hospital located in the General Commercial (GC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 23-13, APPROVING Minor Use Permit 23-6 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. Planning Manager Temple provided a comprehensive staff report. Commissioner’s questions were addressed. Chair Campbell opened the public hearing. Speaker: Hal Hamilton. Chair Campbell closed the public hearing. Motion by Commissioner Mingione, second by Commissioner Massetti that the Planning Commission adopt Resolution No. 23-13, APPROVING Minor Use Permit 23-6 with Conditions and find the project EXEMPT from the California Environmental Quality Act. AYES: Mingione, Campbell, Massetti NOES: None ABSENT: Wheeler, Coles ABSTAIN: None Motion Carried Senior City Attorney Greyson noted that there is a 10-day appeal period that starts September 19, 2023. CONTINUED ITEM(S) - None 8 2 7 8 SCHEDULED MATTERS - None NEW BUSINESS - None DIRECTOR’S REPORT – There was no Director’s Report. COMMISSION CONCERNS – There were no Commission Concerns. ADJOURNMENT Chair Campbell adjourned the Planning Commission meeting at 7:10 p.m. to Monday, October 2, 2023, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Patricia Campbell, Chair Attest: ____________________________ Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE:December 18, 2023 TO:Planning Commission THRU:Alexa Smittle, Community Development Director FROM:Marco Cuevas Jr., Associate Planner SUBJECT:Request for a Conditional Use Permit (CUP 23-4) to allow the sale of beer and wine (ABC Type 20 alcohol license) for off-site consumption, and to reduce the required distance of 100 feet from residences for the sale of beer and wine under City Council Policy 600-1, in conjunction with an existing convenience store within the General Commercial (CG) Zoned Area; and Request for a Variance (VAR 23-1) to allow a reduction in the required distance of 1,000 feet from parks for the sale of beer and wine (ABC Type 20 alcohol license) for offisite consumption in conjunction with an existing convenience store of an automobile service station on a property located within the General Commercial (CG) Zoned area. LOCATION:4000 Lampson Avenue APPLICANT:Steve Rawlings RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 23-15 APPROVING Conditional Use Permit 23-4 with conditions and adopt Resolution No. 23-16, APPROVING Variance 23-1 with conditions and finding the project EXEMPT from the California Environmental Quality Act. GENERAL PLAN DESIGNATION: SERVICE COMMERCIAL ZONE:GC (GENERAL COMMERCIAL) Page 2 of 5 1 6 8 7 SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 217-231-01 LOT AREA: 22,133 SQ. FT. GROSS FLOOR AREA: 2,121 SQ. FT. SURROUNDING PROPERTIES: North: Residential Medium Density (RMD-18) and Recreation/Golf (RG) South: Open Space Parks and Recreation (OS-PR) East: Residential Medium Density (RMD-18) West: Recreation/Golf (RG) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) 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 gas station convenience store with no proposed development. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on December 7, 2023, and mailed to property owners and occupants within a 500-foot radius of the subject property on December 7, 2023, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: Page 3 of 5 1 6 8 7 ANALYSIS The subject property at 4000 Lampson Avenue is located within the General Commercial (GC) zone. The property operates as an automotive service station with three service bays and a 1,275 square foot convenience store. The land area of the site is 22,121 square feet and fronts the northeast corner of Lampson Avenue and Basswood Street. The applicant, Steve Rawlings, is seeking a Conditional Use Permit to allow the sale of beer and wine (ABC Type 20 beer and wine alcohol license) for off-site consumption, in conjunction with an existing automotive service station. The subject business of the automobile service station has been in operation since 1968 with the convenience store being added to the site in 2009 under CUP 06-3. The applicant is also seeking approval of a variance for the sale of beer and wine at an automobile service station that is within 1,000 feet of a park. The business is located within 50 feet of a residential property (private gated condominium complex) and within 350 feet from a City park (Bluebell Park). Proximity to Residences: Seal Beach Municipal Code (SBMC) Section 11.4.05.035.B.24(a) provides that automotive service station convenience markets may sell beer and wine provided the service station convenience market complies with the requirements for off-site sale retail applications in City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses, including but not limited to the maximum proximity to residences, the proscription of an undue concentration of alcohol uses, and the prohibition of on-site consumption. Under City Council Policy 600-1, when considering an application for a Conditional Use Permit for alcohol-related land uses, such uses must be 100 feet away from residential areas unless the applicant establishes that the operation of the business would not interfere with the quiet enjoyment of property by residents. A copy of Policy 600-1 is included with this staff report for reference. Since the business is located within 50 feet of a private-gated condominium complex, staff is recommending that the Planning Commission make the finding that the inclusion of beer and wine sales is not expected to interfere with the quiet enjoyment of the residential properties. 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. The establishment will be required to comply with conditions to ensure the proper sale of alcohol beverages to patrons is in compliance with Policy 600-1, and these conditions have been successfully applied to other alcohol beverage vendors near residences to prevent adverse impacts on the surrounding community. The Seal Beach Police Department has reviewed this request and has no objections. Further, the establishment of the sale of beer and wine at this location would be a public convenience 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 proposed use is also consistent with the General Plan Service Commercial Land Uses definition Page 4 of 5 1 6 8 7 that encourages commercial areas to provide a broad range of retail and service needs for the community. Proximity to Park: SBMC Section 11.4.05.035.B.24(c) provides that the sale of beer and wine from an automobile service station business shall not take place within 1,000 feet of a park, religious institution, or school unless the findings for a variance can be made. The existing automobile service station is located within 350 feet from Bluebell Park. SBMC Section 11.5.20.005.C. authorizes the Planning Commission to grant a Variance to adjust performance standards subject to the following findings: (1) any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated; and (2) a variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zone district regulations governing the subject property. Staff believes that the Variance finding can be made that this would not be a grant of special privileges for the sale of alcohol beverages within 1,000 feet of a park, school, or religious institution because 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. Additionally, this variance does not authorize a use or activity that is not otherwise expressly authorized by the zone district regulations governing the subject property. This property is located in the GC zone, which authorizes the off-site sale of beer and wine through the approval of a CUP. Further, as with the same findings as stated above in the “Proximity to Residents” section above, the business has operated in good standing for several years and the addition of the sale of beer and wine will be incidental to the use, and staff has not found indication that this would produce additional nuisance impacts to the neighborhood, including through consultation with the Police Department. The establishment of the sale of beer and wine at this location would be a public convenience 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. Approval of the variance would also be consistent with the concurrent CUP approval that will allow the service station convenience store to sell beer and wine for off-site consumption, and which has been conditioned to prevent adverse impacts on the surrounding community. The proposed use is consistent with the General Plan Service Commercial Land Uses definition that encourages commercial areas to provide a broad range of retail and service needs for the community. Page 5 of 5 1 6 8 7 CONCLUSION After conducting the public hearing and receiving public testimony, staff recommends that the Planning Commission adopt attached Resolution No. 23-15 approving Conditional Use Permit 23-4 to allow the sale of beer and wine (ABC Type 20 alcohol license) for off- site consumption and reduction in the required distance of 100 feet from residences under City Council Policy 600-1; and adopt attached Resolution No. 23-16 approving Variance VAR 23-1 to allow a reduction the required distance of 1,000 feet from parks, in conconjunction with an existing automobile service station located at 4000 Lampson in the General Commercial (GC) Zoned area. Prepared by: Marco Cuevas Jr. Alexa Smittle Marco Cuevas Jr. Alexa Smittle Associate Planner Director of Community Development Attachments: 1. Resolution No. 23-15 - A resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 23-4 to permit to allow the sale of beer and wine (ABC Type 20 alcohol license) for off-site consumption in conjunction with an existing convenience store within the General Commercial (CG) Zoned Area, and; 2. Resolution No. 23-16 – A Resolution of the Planning Commission of the City of Seal Beach, Approving Variance 23-1 to allow a reduction in the distance from parks. 3. Site Plan 4. Floor Plan 5. Site Photographs 6. City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses Page 1 of 6 RESOLUTION NO. 23-15 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 23-4 TO ALLOW THE SALE OF BEER AND WINE (ABC TYPE 20 ALCOHOL LICENSE) FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH AN AUTOMOBILE SERVICE STATION CONVENIENCE STORE WITHIN THE GENERAL COMMERCIAL (GC) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On May 18, 2023, Steve Rawlings submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 23-4 to allow a Type 20 (beer and wine) alcohol license at an existing automotive service station convenience store at 4000 Lampson Avenue, (the “subject property”), which is located in the General Commercial (GC) Zone. Section 2. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15301 (Existing Facility) of the State CEQA Guidelines, as no development is proposed. Section 3. A duly noticed public hearing was held before the Planning Commission on December 18, 2023, to consider the application for CUP 23-4. At the public hearing, 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 is located on the northeast corner of Lampson Avenue and Basswood Street. The property operates as an automobile service station with three service bays and a 1,275 square foot convenience store. The land area of the site is 22,121 square feet. 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 proposed alcohol license Type 20 (beer and wine) does not require any modifications to the existing building. The applicant is maintaining the overall layout of the existing convenience store with the exception of minor interior improvements for storage of the alcohol beverages. C. Pursuant to Seal Beach Municipal Code Section 11.4.05.015, a conditional use permit is required for all alcoholic beverage establishments; and the CUP must include all appropriate conditions of City Council Policy 600-1: Standard Conditions for Alcohol-Related Land Uses. 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: Resolution No. 23-15 4000 Lampson Avenue 2 of 6 8 5 8 8 A. The proposed alcohol license in conjunction with an existing automobile service station with convenience store is consistent with the General Plan. The General Plan specifies that the Service Commercial Land Uses designation encourages commercial areas to provide a broad range of retail and service needs for the community. With the continued use of the subject site as a convenience store with the sale of beer and wine, the convenience store can offer its customers greater convenience. B. The proposed use complies with applicable provisions of the Municipal Code and the General Commercial Zone. The Municipal Code allows for a Type 20 (beer and wine) alcohol license at a service station convenience store with approval of a Conditional Use Permit. The existing service station convenience store complies with all other applicable provisions of the Municipal Code, with approval of the associated Variance. C. The subject site is physically adequate for the proposed use. The convenience store with the Type 20 alcohol license does not require alterations to the exterior of the building and no additional parking is required. The subject site is considered in compliance with all parking requirements because of there will be no physical expansion of the convenience store or building. D. The location, size, design, and operating characteristics of the proposed convenience store with the Type 20 alcohol license would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The existing building complies with the height, setback and parking requirements of the General Commercial zoning area and conditions have been imposed to ensure the proper service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The convenience store’s hours of operation will be from 5:00 AM to 11:00 PM seven days a week with alcohol service hours from 6:00 AM to 11:00 PM daily. E. The establishment, maintenance, and operation of the proposed Type 20 alcohol license would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed Type 20 license will not require modifications to the site and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property is consistent with uses found in General Commercial areas which consists of a service, retail and convenience store uses. F. The subject site is located approximately 50 feet from the nearest residential property and other sensitive land uses such as measured from the convenience store’s primary front entrance. 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. Furthermore, the proximity to residential properties is similar to other retail Resolution No. 23-15 4000 Lampson Avenue 3 of 6 8 5 8 8 establishments serving alcohol beverages throughout the city. The noise levels generated by the operation of the site would not exceed the level of background noise normally found in the area as there will no change to the operation of the business and the sales area will be fully contained within the interior of the convenience store. In the event that complaints are received in the future, the Planning Commission reserves the right to reconsider the operation of the business and the conditions of approval. G. 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. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 23-4 to permit a Type 20 (beer and wine) alcohol license to allow beer and wine sales for off-site consumption in conjunction with an existing service station convenience store, at 4000 Lampson Avenue, subject to the following conditions. 1. Conditional Use Permit 23-4 is approved to permit the sale of beer and wine (Type 20 ABC license) at an existing service station convenience store located at 4000 Lampson Avenue. 2. The applicant 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. 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 premises of the convenience store must be in substantial compliance with the plan submitted with the application dated May 18, 2023, and maintained on file with the Community Development Department. 5. The hours of operation shall be 5:00 AM to 11:00 PM seven days a week with alcohol service hours from 6:00 AM to 11:00 PM daily. 6. No video games or similar amusements shall be permitted on the premises. 7. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Resolution No. 23-15 4000 Lampson Avenue 4 of 6 8 5 8 8 8. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended to require the provisions of additional security measures. 9. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 10. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 11. Any proposed alterations or upgrades to the convenience store will require review and approval from the City of Seal Beach Planning Division. 12. The establishment must comply with Chapter 7.15 “Noise” of the City of Seal Beach Municipal Code. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 13. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. c. There is a substantial change in the mode or character of operations of the establishment. 14. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs. 15. The Planning Commission reserves the right to revoke or modify this CUP if harm or operational problems such as criminal or anti-social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. 16. The establishment shall have a public telephone listing. 17. It shall be the responsibility of the applicant/licensee 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. 18. Litter and trash receptacles shall be located at convenient locations inside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 19. The sale of alcoholic beverages for on premises consumption shall be prohibited. 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. 20. The applicant will prominently display these Conditions of Approval in a location within the businesses’ customer area that is acceptable to the Community Development Director. Resolution No. 23-15 4000 Lampson Avenue 5 of 6 8 5 8 8 21. Failure to comply with any of these conditions or a substantial change in the mode or character of the use shall be grounds for revoking or modifying this CUP approval. 22. This CUP shall not become effective for any purpose unless/until 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. 23. The applicant is required to obtain all required Building and Safety permits prior to any tenant improvements, construction, or demolition. 24. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 25. This CUP 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 a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 26. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively “the City” hereinafter in this paragraph) 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 Conditional Use Permit, 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. 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 _________________________________________ NOES: Commissioners _________________________________________ ABSENT: Commissioners _________________________________________ ABSTAIN: Commissioners _________________________________________ Resolution No. 23-15 4000 Lampson Avenue 6 of 6 8 5 8 8 _________________________________ Patty Campbell ATTEST: Chairperson _________________________________ Alexa Smittle Planning Commission Secretary 1 of 3 RESOLUTION 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 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: 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: Resolution 23-16 4000 Lampson Avenue 2 of 48 5 8 9 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. Resolution 23-16 4000 Lampson Avenue 3 of 48 5 8 9 Section 5. Based upon the foregoing, the Planning Commission hereby approves Variance VAR 23-1 subject to the conditions listed below: 1. 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. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on December 18, 2023, by the following vote: Resolution 23-16 4000 Lampson Avenue 4 of 48 5 8 9 AYES: Commissioners _________________________________________ NOES: Commissioners _________________________________________ ABSENT: Commissioners _________________________________________ ABSTAIN: Commissioners _________________________________________ _________________________________ Patty Campbell, ATTEST:Chairperson _________________________________ Alexa Smittle Planning Commission Secretary UC Guidelines3ft Bon App Rack ATM ty Flipz 3ft Takis Rack Make peg space 6ftx8 shelf Candy Gum Mint3ft Peg Candy3ft Cookie Cracker Nutrition3ft 2L/12pk/Gal Water 3ft CA Chips 3ft Frito Take Home Frito $2 Bags (under round counter)Ice Cream Upright9 DOOR COOLER EBT Micro Ice Freezer 3ft Jerky Rack3ft Nuts/Seeds 6ft x 54 Salty Frito FEMIce Machine CO2 Alarm Hand Sink BACKROOM UTILITY ROOM VEEDERROOTEXIT10' CIGBACK BARSunglass/ Cell Rack BimboRackHostessRack78" D O O R3COMP SINKSink86"78" RESTROOM OFFICE