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HomeMy WebLinkAboutPC Res 92-40 - 1992-10-21 RESOLUTION NUMBER 92-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 92-8, A REQUEST FOR AN ON-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN EXISITNG LIQUOR STORE LOCATED AT 112 MAIN STREET (SEAL BEACH LIQUOR) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE WHEREAS on August 27, 1992, Mary Scheid filed an applicatIOn for CUP 92-8 WIth the Department of Development Services, and WHEREAS, the applicant IS requestmg approval of an off-sale general liquor license ID conJunction With a an eXIstmg hquor store located at !12 Mam Street, Seal Beach (Seal Beach Liquor) ThiS application has been filed m response to City Ordmance 1448 winch reqUIred all eXlstmg busmesses whIch are lackIng a reqUIred use permit to apply to the City for such a use permIt wlthm SIX (6) months of approval of SlUd ordmance, and WHEREAS, the subJect property IS legally descnbed as Orange County Assessor's Parcel Number 199-044-22, and WHEREAS, the subject property contams approxImately 2,940 square feet and IS located approximately 165 northerly of the center of the mtersectlon ofMam Street and Ocean Avenue, and WHEREAS, the subject property has 25 feet offrontage on Mam Street, and WHEREAS, the subJect property contams a one story liquor store With a three (3) car garage at the rear, and WHEREAS, the applicants are proposmg to mamtam the eXlstmg hours of operation at Monday through Thursday Fnday Saturday and Sunday 900am to II OOpm 900 a m to 1200 a m 830 a m to 1200 a m, and WHEREAS, the surroundmg land use and wmng are as follows NORTH, SOUTH & WEST Mixed commercial uses m the SeTVIce Commercial (C-!) Zone EAST A nuxture of resIdential uses m the Resldentlall:hgh DenSity zone, (RHO), and WHEREAS, Mam Street IS a secondary street developed to ItS ultImate nght-of-way of 80 feet, and WHEREAS, the subJect property contams approxImately 1,914 square feet of gross retaJ\ floor area and currently meets all eXlstmg parkmg reqUirements by proVldmg the follOWIng parkmg spaces On-SIte Parkmg 3 spaces (rear garage) Grandfathered Parking 4 spaces, and C \AMIPRO\DOCS\CUP\R9:z..s BCC be Planmng ComlUlsslon ResoluUon 92-40 WHEREAS, ChIef of Police Bill Steams has reviewed tins request and has no concerns regardmg the grantmg of this request, and WHEREAS, a duly notIced public heanng was held on October 21, 1992 to conSIder CUP 92-8, and WHEREAS, the Planmng CommissIOn makes the followmg findmgs I Staffmspected the subJect property on October 13, 1992, and found that the liquor meets all reqUirements of the Code, excludmg parking, and presently meets all normal conditions of approval for establishments seTVIng off-sale general liquor 2 The grantmg of CUP 92-8 IS consistent WIth the provIsIons of the General Plan which mdlcate the subJect property IS to be used for seTVIce commercial purposes, which mcludes off-sale service of alcoholic beverages 3 The buddmg and property at 112 Mam Street are adequate m SIZe, shape, topography and locatIOn to meet the needs of the proposed use of the property 4 ReqUIred adherence to applicable bulldmg and fire codes ensure there Will be adequate water supply and utilities for the proposed use S Seal Beach Liquor has been m contmuous operatIon for 53 years WIth no record of slgmficant police or other problems 6 The off-premises sale of beer, WIne and distIlled spmts IS compatible With the character of the Mam Street area Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should nutlgate any negative Impacts to nelghbonng reSidentIal properties 7 The Seal Beach Pohce Department has reVIewed the eXIstmg records of the liquor store and has no reservations regardmg the requested hcense NOW, THEREFORE BE IT RESOLVED that the Planmng CommiSSion of the City of Seal Beach does hereby approve of Conditional Use Permit 92-8 subJect to the follOWIng conditIons I CUP 92-8 IS approved for an off-sale general liquor license at 112 Mam Street and IS Issued to Mary Scheid 2 No alcohohc beverages shall be consumed on the premises 3 The applicant shall comply With all restnctIons placed on the license by the California Department of Alcohohc Beverage Control 4 With the applicant's consent, the hours of operation shall be from Monday through Thursday Fnday Saturday and Sunday 900am to 11 OOpm 900am to1200am 8 30 a m to 12 00 am 5 No Video games or SImilar amusements shall be permitted on the prenuses Without permits from the City 6 No lighted SignS advertISIng alcoholic beverages shall be placed m the WIndow areas, nor shall any other sIgns advertlsmg specific brands of alcohohc beverages be permitted m the C\AMIPRO\DOCS\CUP\R92 B ace be Page 2 ..o1Il Planmng Commission ResoluUon 92-40 WIndow areas Intenor displays of alcohohc beverages whIch are clearly VIsIble to the extenor shall constItute a vIOlation of thIs condition 7 CUP 92-8 IS non-transferrable 8 The apphcant must bear the cost of modIficatIOns or cease operatIOns If harm or retad related problems are demonstrated to occur as a result of cnmmal or antI-social behaVIor, mcludmg but not hnuted to the congregation ofnunors, VIolence, pubhc drunkenness, vandalism, sohcltatlon and/or htter 9 The apphcant shall, 1D a locatIon acceptable to the Director of Development Services, prommently display the above-hsted conditions of approval Wlthm the store's sales area 10 ThIS conditional use permit shall not become effectIve for any purpose unless an "acceptance of conditions" form has been SIgned by the apphcant and property owner, notanzed or Signed before a City staff member subJect to proper IdentificatIOn, and returned to the Department of Development SeTVIces, and untd the ten (10) day appeal penod has elapsed II The Planmng CommISSion reserves the nght to revoke thIS conditional use permIt If any VIolatIOn of these conditions or the Code of the CIty of Seal Beach occurs 12 A new ConditIOnal Use Permit shall be obtlUned when any of the follOWIng occur (a) transfer of ownershIp of the hcense IS proposed, (b) the estabhshment proposes to change ItS type ofhquor hcense, (c) the estabhshment proposes to modifY any of ItS current conditions of approval, or (d) there IS a substantial change m the mode or character of operations of the estabhshment PASSED, APPROVED AND ADOPTED by the Planmng CommISSion of the CIty of Seal Beach at a meetmg thereof held on the 21st day of October, 1992, by the followmg vote A YES CommISSioners Shafll. Law. Fife. Dahlman. Orslm NOES CommIssioners ABSENT ComnusslOners --- ......< . I Lee W1ntten erg, Secretary ./' Plannmg CommissIon C v.MIPR()IJ)()CS\CUP\R92 I BCC be Page 3