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Home My WebLink AboutPC Res 92-44 - 1992-11-18 . - RESOLUTION No. 92-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT #92-11, A REQUEST TO SELL BEER, WINE AND DISTILLED SPIRITS AT THRIFTY'S STORE #220, LOCATED AT 12419 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 August 27, 1992, Thnfty CorporatJon applied for CondItJonal Use PermIt #92-11 WIth the Department of Development ServICes; and thIS applicatJon has been filed m response to CIty Ordmance No. 1348 whIch reqUires all eXIstJng busmesses lackIng a requIred use permIt to apply to the CIty for such a use permIt wIthm SIX (6) months of approval of thIS ordlDance; and CUP #92-11 requests contJnuatIon of an on-sale beer, wme and dIstIlled spmts at Thnfty's store 1/220, and Thnfty store 1/220 receIVed Its liquor license In 1961 It has never receIved a CondltJonal Use PermIt for the sale of beer, wIDe 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 86-492-04 and IS located m the Rossmoor ShopplDg Center; and the surroundmg land uses and wmng are as follows NORTH ResldentJal condomlDlUms (RHD m CIty of Seal Beach and multI-famlly resIdentJal In CIty of Los Alamltos) SOUTH Smgle famIly resIdentJal uses ID the umncorporated area of Rossmoor. EAST Old Ranch Country Club WEST HIgh denSity condommlUm proJects m the CIty of Seal Beach Further West are sIDgle famIly homes located ID the umncorporated area of Rossmoor. ChIef of Police BIll Stean1s has reVIewed tIns request and has no concerns regardIDg the grantmg of thIS request; and a duly Noticed Public HearIng was held on November 4, 1992 to conSIder CUP #92-11, and at the public hearIng the applicant's representatIve spoke; and Plgo 2 - PlanD.mg Coaum,,1OIl Rowlubon #92-44f1bnfiy &taro 1220 WHEREAS, the Planmng CommISSIon makes the followmg findmgs: 1. Grantmg CUP #92-11 would be consIstent WIth the provlSlons of the General Plan which mdIcate the subJect property IS to be used for general commercIal purposes, WhIch meludes off-sale servIce of beer, wme and dlstJlled spmts 2. The bUlldmg and property at 12419 Seal Beach Boulevard are adequate ID SIze, shape, topography and locatJon 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 utIlItJes for the proposed use 4 The contIDuatJon of the use of the subJect property as a retaIl store sellmg beer, wIDe and dIStIlled spmts IS compatJble WIth the IDtended character of the Rossmoor Shoppmg 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 mItJgate any negative Impacts to the nelghbonng resIdentJal propertIes. 5. Thnfty's store #220 has been m contJnuous operatIon thIrty-one (31) years With no record of sIgmficant police or other problems. 6 The Seal Beach Police Department has reVIewed the eXIstIng records of Thnfty store #220 and has no reservatJons regardIDg the requested mdefimte extensIOn. NOW, THEREFORE BE IT RESOLVED, that the Planmng CommISSIon of the CIty of Seal Beach does hereby approve CondItJonal Use PermIt #92-11 subJect to the follOWIng condItIons of approval: 1. CUP #92-11 IS approved for a #21 (Off-Sale General) ABC license at 12419 Seal Beach Boulevard, Seal Beach and It IS ISSUed to Thnfty CorporatIon for Thnfty store #220 2 The applicant shall comply WIth all restrIctIons placed upon the license by the State of CalifornIa Department of Alcoholic Beverage Control. 3 The apphcant 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 It IS receIved by the applicant from the State of CalIforma Department of Alcohohc Beverage Control. 4 WIth the applicant's consent, the hours of operatIon shall be 8:00 A.M to 10:00 P M. dally 5 No VIdeo games or similar amusements shall be permItted on the premIses 6. No lighted sIgns advertlSlng alcoholic beverages shall be placed m the wmdow areas, nor shall any other sIgns advemsIDg 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 vlOlatJon of thIS condItJon 7. CondItIOnal Use PermIt #92-11 IS non-transferrable. PIce 3 - Pllllnmg CcmmIS&1OO Resoluboa I92-44f1bnfty ~torc Ifl20 8. The applicant wIll prommently dIsplay these condItIons of approval WIthIn the busIDess's customer area that IS acceptable to the DITector of Development ServIces 9. ThIs CondItJonal Use PermIt shall not become effectJve for any purpose unless an "Acceptance of CondItJons" form has been sIgned by the applicant ID the presence of the DIrector of Development ServIces, or notanzed and returned to the Planmng Department; and until the ten (10) day appeal penod has elapsed 10 A modIficatJon 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 condItJons 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 condItIons of approval of thIS CondItIOnal Use PermIt If any VIolatIon of the approved condltJons occurs, any vIolatJon of the Code of the CIty of Seal Beach, occurs, or for those reasons specIfied by ArtIcle 28, and In the manner specIfied ID Artiele 25, Code of the CIty of Seal Beach. 12 Extenor lIghtJng m the parkIng area shall be kept at a level so as to proVIde adequate lIghtJng for patrons whlle not dIsturbIDg surroundlDg resIdentJal or commercIal areas A Iightmg plan shall be prOVIded, subJect to reVIew and approval by the DITector of Development ServIces. 13 In the event staff determmes that secunty problems eXIst on the SIte, the condltJons of thIS permIt may be amended, under the procedures of the Seal Beach Mumclpal Code, to reqUIre the provlSlon of addItIOnal security. 14. All establishments shall be requIred to have a public telephone listIng. 15. It shall be the responslblllty of the applicant/licensee to proVIde all staff WIth the knowledge and skills that WIll enable them to comply WIth theIr responsIbllitJes under State law. The knowledge and skllls deemed necessary for responsIble alcoholic beverage servIce shall melude, but not be limited to the followmg topICS and skills development: a) State laws relatIng to alcoholic beverages, partIcularly ABC and penal provIsIons concernIDg sales to mmors and IDtoXlcated persons, dnvIDg under the mfluence, hours of legal operatJons and penaltIes for vIolatJons of these laws b) The potentIal legal liabIlitIes of owners and employees of busmesses dlspenslDg alcoholic beverages to patrons who may subsequently Injure, kill, or harm themselves or mnocent VIctJms as a result of the excesSIve consumptJon of alcoholic beverages c) Alcohol as a drug and ItS effects on the body and behaVIor, mcludmg the operatIOn of motor vehIcles. P..e 4 - PJmnma: ComnuuIOO. RlC8OlubODl92-44lI'bnfty Store: mo d) Methods for dealIDg wIth mtoxIcated customers and recogmzmg underage customers. 16. LItter and trash receptacles shall be located at convement locatIons mSIde 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 A.M 17. The applicant/licensee must bear the cost of modIficatJons or cease operatJons If harm or retaIl related problems are demonstrated to occur as a result of cnmmal or antJ-soclal behavIOr, mcludmg but not limIted to the congregatJon of mmors, VIolence, public drunkenness, vandalism, solicltatJon and/or litter. 18 ThIS CondItional Use PermIt shall become null and VOId unless exercIsed Wlthm one (1) year of the date of final approval, or such extenSIon of tIme 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 mnety (90) days pnor to such expIratIon date. 19. Off-sale liquor establishments shall not sell or store motor vehIcle fuels on the same premIses as alcoholic beverages, unless a condItJonal use permIt for that specIfic purpose IS granted by the City of Seal Beach 20. The sale of alcoholic beverages for consumptIon on premIses shall be prohIbIted and there shall be appropnate postJng of sIgns both mSlde and outSIde the licensed premIses that dnnkmg of alcoholic beverages on the premIses IS prohibIted by law. The premIses shall mclude 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 meetJng thereof, held on November 18, 1992, by the followmg vote: AYES' CommISSIoners Flfe, Sharp, Law, Dahlman, Orslnl NOES CommISSIOners ABSTAIN: CommISSIoners ABSENT: CommiSSIoners