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HomeMy WebLinkAboutPC Res 92-62 - 1993-01-20 , :I" " RESOLUTION No. 92-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING CONDITIONAL USE PERMIT #92-20, FOR AN OFF-SALE BEER AND WINE LICENSE AT JOHN'S FOOD KING, 148 MAIN STREET, SEAL BEACH, CA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 20, 1992, Donald and Sharon Davis ("Applicants") filed an application for Conditional Use Permit (CUP) #92-62 with the Department of Development Services. The Applicants seek approval and indefinite extension of Conditional Use Permit (CUP) #92-20, pursuant to fifi28-1300, 28-1304(1),28-2401,28-2503,28-2504,28-2505 of The 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 license in conjunction with an existing grocery market at 148 Main Street, Seal Beach, CA. Section 2. Pursuant to 14 California Code of Regulations, fi 15025(a) and fiII.B of the City's Local CEQA Guidelines, staff has determined as follows: CUP #92-62 is categorically exempt from review, pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. fi 15301 (Existing Uses), because it involves the negligible expansion of an existing use, pursuant to U5305 (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 U5061(b)(3), because it can be sen with certamty 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 6, 1993 to consider the application for CUP #92-20. Oral evidence was submitted for and against the application. Section 4. The record of the Public Hearing on November 18, 1992, indicates the following: (a) The subject property is located at 148 Main Street and contains approximately 8,500 square feet of gross floor area. (b) The subject property contains an existing grocery store with a currently valid Department of Alcoholic Beverage Control (ABC) license for off- sale beer and wine with no specific restriction on operating hours except that alcoholic beverages cannot be sold between 2:00 a.m. and 6:00 a.m.. The grocery store currently operates during the following hours 6:00 a. m. to 8:00 p.m. during the winter and 6:00 a.m. to 9:00 p.m. during the summer. (c) The subject property's surrounding land use and zoning classifications are: NORTH Commercial uses in the Service Commercial zone (C-l). SOUTH Commercial uses in the C-l zone. .....2 I'Imnmc ComauuKlo _..... No 92-62 CUP rJ2..20 for 148 Mam. Street EAST A mixture of single family and multi-family dwellings in the Residential High Density zone (RHD). WEST Commercial uses in the C-l zone. (d) The Department of Development Services deems the property to meet all parking Code requirements. The 8,500 square feet of the market's gross floor area required 29 parking spaces; one space for every 300 square feet. The market leases thirteen (13) of nineteen (19) parking spaces in the lot adjacent to 143 Main Street. Additionally, the market has sixteen (16) grandfathered parking spaces and no (0) in-lieu parking spaces. John's Food King was established in 1946 and has been a continuing use. (e) The Seal Beach Police Department reviewed the application for CUP #92- 20 and reports it has no reservation(s) regarding the off-sale beer and wine license. (f) The City received no comments in response to the Notices of the Public Hearing on CUP #92-20. (g) Staff inspected the subject property on November 12, 1992, and found the market to be abiding by City municipal Code sections. (h) The subject property is located 15 feet from the nearest residential structure. (i) John's Food King is a moderately sized grocery store located on a main thoroughfare in a business district. It has no history of extraordinary demands for police services or of nuisance complaints from neighboring residents. Section 5. Based on the facts contained in the record, including those state in Section 4 of this resolution, and pursuant to Code n 28-2503 and 28-2504, the Planning Commission hereby finds: (a) 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. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (d) The continuation of the use of the subject property as a retail grocery store selling beer and wine is compatible with the 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 requested CUP. , . , .....3 PIIDmDa COIDDUIIIOIl RcIoIuboo No 92-62 CUP 1192-20 for 148 Mam_ Section 6. Based on the foregoing, the Planning Commission hereby approves CUP #92-20 subject to the following conditions: 1. CUP #92-20 is approved for an off-sale beer and wine license at 148 Main Street and is issued to Donald and Sharon Davis for John's Food King. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control. 3. The applicant shall furnish the City a copy of his current ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. 4. The hours of operation shall be 6:00 A.M. to 2:00 A.M. 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. Conditional Use Permit #92-20 is non-transferrable. 8. The applicant will prominently display these conditions of approval within the business's customer area that is acceptable to the Director of Development Services. 9. 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; and until the ten (10) day appeal period has elapsed. This permit will be reviewed on November 17, 1993 in conjunction with CUP #92-13 for Papillon's restaurant. 10. A modification of Conditional Use Permit shall be obtained when: (a) A transfer of ownership of the license is proposed. (b) The establishment proposes to change its type of liquor license. (c) The establishment proposes to modify any of it's current conditions of approval. (d) There is a substantial change in the mode or character of operations of the establishment. 11. 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 City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, Code of the City of Seal ~. , . .....4 PIIDmD&: ComPwIIKlD RcIoIuboD. No 92..Q CUP #92-20 for 148 Mam_ 12. 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. A lighting plan shall be provided, subject to lreview and approval by the Director of Development Services, which promotes minimal disturbance to nearby residences. 13. 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 City's municipal ~, to require the provision of additional security measures. 14. The establishment shall be required to have a public telephone listing. 15. It shall be the responsibility of the applicant/licensee to proVIde all employees who 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 of legal operations and penalties for violations of these laws. 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: (1) Department of Alcoholic Beverage Control L.E.A.D. Program. Telephone: (714) 558-6482 (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 16. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators of such establishments shall 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. 17. The Planning Commission reserves the nght to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of the Code of the City of Seal lJp"dl if harm or retail related problems are demonstrated to occur as a result of J ....05 P1llDDmg crftm'lo....._ RcIoluboo No 92-.62 CUP 1192-20 for 148 Mam ..... criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and!or litter. 18. 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. 19. Off-sale liquor establishments shall not sell or store gasoline or diesel fuels on the same premises as alcoholic beverages, subject to approval of a Conditional Use Permit. 20. The sale of alcoholic beverages for consumption on premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. The premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center. 21. There shall be no banner advertising of commodities on the outside of the building except that special community events may be advertised by banners, pursuant to the provisions of the zoning ordinance. John's Food King newspaper advertisements, which mayor may not include advertisements for alcoholic beverages, may be displayed in the building's existing outside glass advertising cases. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof, held on the W th day of :1.4+1 1993 by the following vote: AYES: Commissioners Fife, Dahlman, Law, Sharp NOES: ABSTAIN: ABSENT: