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Home My WebLink AboutPC Res 92-45 - 1992-11-04 "- RESOLUTION No. 92-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT #92-18, A REQUEST TO SELL BEER, WINE AND DISTILLED SPIRITS AT LUCKY'S STORE #877, LOCATED AT 12245 SEAL BEACH BOULEVARD, SEAL BEACH, CA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, on October 9, 1992, Lucky Stores, Inc. appbed for CondltJonal Use PermIt #92-18 WIth the Department of Development ServIces, and thIS applicatIon has been filed m response to CIty Ordinance No. 1348 whIch reqUIres all eXIstIng busIDesses lackmg a reqUIred use permIt to apply to the CIty for such a use permIt withID SIX (6) months of approval of thIS ordmance; and CUP #92-18 requests contmuatJon of an on-sale beer, wme and dlstJlled spmts at Lucky store #877, and Lucky store #877 receIved Its liquor license m 1984 It has never receIVed a CondItIonal Use PermIt for the sale of beer, wine or dlstJlled spmts; and the subJect property IS non-conformmg solely due to lack of a reqUIred CondItIonal Use PermIt, and the subJect property IS legally descnbed as 86-492-09 and IS located m the Rossmoor Shoppmg Center; and the surroundmg land uses and wmng are as follows: NORTH ResidentIal condomlDlUms (RHD In CIty of Seal Beach and multI-family resldentJal m CIty of Los AlamItos) SOUTH SIDgle famIly resIdentJal uses ID the umncorporated area of Rossmoor. EAST Old Ranch Country Club WEST HIgh denSIty condommlUm proJects ID the City of Seal Beach Further West are sIDgle famIly homes located m the umncorporated area of Rossmoor. ChIef of Pobce Bill Stearns has revIewed thIS request and has no concerns regardIDg the grantJng of thIS request, and a duly NotIced Public Heanng was held on November 4, 1992 to conSIder CUP #92-18; and at the public heanng the applicant's representatJve spoke; and fl. Page 2 Planmng CommIssIon Resolution #92-45 WHEREAS, the Planmng CommIssIon makes the followmg findmgs' 1. GrantIng CUP #92-18 would be consIstent WIth the provlSlons of the General Plan whIch mdlcate the subJect property IS to be used for general commerCIal purposes, WhIch Includes off-sale servIce of beer, wme and distIIIed spmts. 2. The buIldmg and property at 12445 Seal Beach Boulevard are adequate m SIze, shape, topography and locatIon to meet the needs of the proposed use of the property. 3 ReqUIred adherence to the applicable bulldmg and fire codes ensure there WIll be adequate water supply and utIlitIes for the proposed use. 4 The contInuatJon of the use of the subJect property as a retaIl store selling beer, wme and dlstJlled spmts IS compatIble WIth the mtended character of the Rossmoor ShopplDg Center Adherence to the condltJons of approval placed on the use by the CIty of Seal Beach and the Department of Alcoholic Beverage Control should mltJgate any negatIve Impacts to the nelghbonng reSIdentIal propertIes. 5 Lucky's store #877 has been ID contmuous operatJon for eight (8) years with no record of sIgmficant police or other problems. 6 The Seal Beach Police Department has reVIewed the eXIstmg records of Lucky store #887 and has no reservatIons regardIDg the requested mdefimte extensIOn NOW, THEREFORE BE IT RESOLVED, the Plannmg CommISSIon of the City of Seal Beach does hereby approve CondltJonal Use PermIt #92-18 subJect to the followmg condItJons of approval: 1. CUP #92-18 IS approved for a #21 (Off-Sale General) ABC license at 12245 Seal Beach Boulevard, Seal Beach and It IS ISSUed to Lucky Stores, Inc for Lucky store #877. 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 furDlsh 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 shaIl be done as soon as It IS receIved by the applicant from the State of CalIfornIa Department of Alcoholic Beverage Control 4 WIth the applicant's consent, the hours of operatIOn shall be 6.00 A M. to 12.00 AM dlUly. 5. No VIdeo games or SImIlar amusements shaIl be permItted on the premISes. 6 No lighted SIgns advertIsmg alcoholic beverages shall be placed In the wmdow areas, nor shall any other sIgns advertIsIng specIfic brands of alcoholic beverages be permItted m the wIDdow areas Intenor dIsplays of alcoholic beverages WhICh are clearly VISIble to the extenor shall constJtute a ViolatIon of thIS condItJon. 7 CondltJonal Use PermIt #92-18 IS non-transferrable. , Page 3 Planmng CommIssIon ResolutJon #92-45 8. The applicant WIll prommently dIsplay these condltJons of approval wlthm the busIDess's customer area that IS acceptable to the DIrector of Development ServIces. 9. ThIS CondItJonal Use PermIt shall not become effectJve for any purpose unless an "Acceptance of CondItIons" form has been sIgned by the applicant m the presence of the Duector of Development ServIces, or notanzed and returned to the Planmng Department, and untIl the ten (10) day appeal perIod has elapsed 10. A modIficatIon of CondItJonal 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 condltJons of approval d) There IS a substantIal change m the mode or character of operatJons of the establishment. 11. The Planmng CommIssIon reserves the nght to revoke or modIfy the condItJons of approval of thiS CondItJonal Use PermIt If any vlOlatJon of the approved condltJons occurs, any VIOlatIon of the Code of the CIty of Seal Beach, occurs, or for those reasons specIfied by ArtIcle 28, and ID the manner specIfied m ArtIcle 25, Code of the CIty of Seal Beach 12. Extenor lightIng m the parlong area shall be kept at a level so as to proVIde adequate IightJng for patrons whIle not dlsturbmg surroundmg reSIdentIal or commercIal areas A IightJng plan shall be proVIded, subJect to revIew and approval by the DIrector of Development Services 13 In the event staff determIDes that secunty problems eXIst on the SIte, the condltJons of thIS permIt may be amended, under the procedures of the Seal Beach Mumcmal Code, to reqUIre the prOVISIOn of addltJonal secunty 14. All establishments shall be reqUIred to have a public telephone lIstJng 15. It shall be the responsIbIlity of the applicant/licensee to proVIde all staff WIth the knowledge and skills that wIll enable them to comply WIth theIr responsIbIlItJes under State law The knowledge and skills deemed necessary for responSIble alcoholic beverage service shall mclude, but not be limIted to the followmg tOpICS and skills development a) State laws relatJng to alcoholic beverages, partIcularly ABC and penal provlSlons concernmg sales to mmors and IDtOXlcated persons, dnvmg under the IDfluence, hours of legal operatJons and penaltJes for VIolatIons of these laws. b) The potentIal legal liabIlitIes of owners and employees of bUSInesses dlspensmg alcoholic beverages to patrons who may subsequently mJure, kill, or harm themselves or mnocent vlctJms as a result of the excesSIve consumptIon of alcoholic beverages . c) Alcohol as a drug and Its effects on the body and behaVIOr, mcludmg the operatJon of motor vehIcles. ~ Page 4 Planning CommIsSIon ResolutJon #92-45 d) Methods for dealIDg wIth mtoxlcated customers and recogmzmg underage customers 16 LItter and trash receptacles shall be located at convement locatJons mSlde and outsIde the establishment, and operators of such establishments shall remove trash and debns on an appropnate basIs so as not to cause a health problem. There shall be no dumpmg of trash and/or glass bottles outsIde the establishment between the hours of 10 00 P.M and 7.00 AM. 17. The applicant/licensee must bear the cost of modIficatIons or cease operatJons If harm or retail related problems are demonstrated to occur as a result of cnnunal or antJ-socIal behaVIOr, IDcludmg but not limIted to the congregatJon of mmors, VIolence, public drunkenness, vandahsm, SoliCItatIon and/or litter. 18 ThIS CondltJonal Use PermIt shall become nulI and VOId unless exerCIsed wIthm one (I) year of the date of final approval, or such extensIOn of tJme as may be granted by the Planmng CommIssIon pursuant to a wntten request for extensIOn submItted to the Department of Development ServIces a mImmum of nIDety (90) days pnor to such explratJon date. 19 Off-sale liquor establishments shalI not sell or store motor vehIcle fuels on the same premises as alcoholic beverages, unless a condltJonal use permIt for that specIfic purpose IS granted by the CIty of Seal Beach 20 The sale of alcoholic beverages for consumptJon on premIses shall be prohIbIted and there shall be appropnate postJng of sIgns both IDsIde and outSIde the licensed premIses that dnnkIng of alcoholic beverages on the premISes IS prohIbIted by law The premIses shall IDclude the licensed premIses proper, appurtenant and reqUIred parking areas, and appurtenant common areas If located m a commercIal center. PASSED, APPROVED AND ADOPTED by the Planmng CommIssIon of the CIty of Seal Beach at a meetmg thereof, held on November 4, 1992, by the followlDg vote. AYES. CommIssIoners Flfe, Dahlman, Sharp, Law, Orslnl NOES. CommIssIoners ABSTAIN. CommIssIoners ABSENT. CommISSIoners