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HomeMy WebLinkAboutPC Res 92-14 - 1992-09-09 ,. - . RESOLUTION NUMBER 92-14 A RESOLUTION OF TIIE PLANNING COMMISSION OF TIIE CTIY OF SEAL BEACH DENYING WITHOUT PREJUDICE CONDITIONAL USE PERMIT 92-4. A REQUEST FOR AN OFF-SALE BEER AND WINE LICENSE IN CONJUNCTION wrm A RECENTLY APPROVED CONVENIENCE STORE WITIIIN A RESIDENTIAL COMPLEX wrm MORE THAN ISO UNITS LOCATED AT 333 FIRST STREET, SEAL BEACH (OAKWOOD APARTh1ENfS) THE PLANNING COMMISSION OF TIIE CTIY OF SEAL BEACH DOES HEREBY RESOLVE' WHEREAS, on '!\'Iay 5, 1992, 10hn Abboud subnntted apphcabons for CUP 92-3 and CUP 92-4 requesting approval of a convemence store with an off-sale beer and wme license WIthin a residential complex WIth more than 1 SO urnts located at 333 FU'St Street, Seal Beach (Oakwood ApaI1ments), and WHEREAS, on July IS, 1992, the Plannmg ComnuSSlon considered CUP's 92-3 .md 92-4 The CollUllJSS1on approved CUP 92-3 (convenience store) subject to rune (9) conditions and contInued CUP 92-4 to Its September 9th meeting; and WHEREAS, the subject property IS legally descnbed as Orange County Assessor's Parcel Number 043-160-50, and WHE.REAS, the subject property contains apprOXJmately I 1.3 acres and IS located at the southwesterly comer ofPacdic Coast Highway and FU'St Street, and WHEREAS, the subject property has approXl1llately 1065 feet of frontage on Fusl Street, and WHEREAS, the subject property contams a 549 urnt secwity gated apal1ment complex, and WHEREAS, the subjeCt property has reCClved the followmg apptO\<aJs from the PIanmng ComnusSlOn Plan RCVlew 25-70 approvmg the final development plans, and WHEREAS, the applicants are proposmg the followmg hours of operation Dally 9:00 a m to 9 00 p.m, and WHEREAS, the SWTOWlding land use and zomng are as follows NORTII Pacdic Coast Highway and the State Lands parcel located m the SPR zone SOUTH Seal Beach Trader PaIk located m the Resl(lenbal High DenSIty zone WEST San Gabnel River and a 1YI1Xture of commercial uses and parkmg lots m the City of Long Beach. Bndgepo11, a &mgle-fanuly residential neighborhood m the Residenbal Low Den.slty zone, and EAST WHEREAS, First Street is a primaty street developed to Its u1tunate nght-of-way of 120 feet, and WHEREAS, Cluef of Police Bill Steams has reviewed tins request and has concerns regardmg the granting oftJus request SpecJfica1ly, the CbJefhad the following concerns C lAMIPR.O\DOCS\CUI'\R92:1 Bee lie:: , P1amung CQmnuss10Il Resolutlllfl 92-14 1 That all reqwrements of the law be adhered to including proper identification of all purchasers of beer and wme to assure that they are over 21 years of age; 2 The proposed hours of operabon; 3. That steps be taken to assure that this does not become a "hang out" for young people such as not pemutbng Video games to be lo'-ated Within the conwmence store; and WHEREAS, a duly nonced pubhc heanng was held on July 15, 1992, and continued to September 9. 1992, to conSIder CUP 92-4, and WHEREAS, the PIannmg Commtssion makes the following findings: 1 The Department of Alcoholic Beverage Control will require that the convemence store be open and accessble to the general pubhc If an off-sale beer and wine hcense IS ISSued This requiremenl based on ABC's Rule 27 will force the convemence store to Violate condinon one of Secllon 28-800(3 )( e) wluch pennits the acccsswy commercial use 2 The Seal Beach Pohce Department has reviewed the proposal and has concerns over the enforcement of the proposed off-sale SCl'Vlce of beer and wine. NOW, THEREFORE BE IT RESOLVED that the PIanmng COmmtSSlon of the City of Seal Beach does hereby deny without prejudice Conditional Use Pemut 92-4 PASSED, APPROVED AND ADOPTED by the Planning COI1lIlU8S1on of the City of Seal Beach at a meetmg thereof held on the 9th day of September, 1992, by the followmg vote AYES CornnusSloners Fife. Sham. Law. Orsmi. Dahhnan NOES Commissioners ABSENT' ComnuSSloners --- PInJJip Fife. P1anmng C on e u)Jt1C~ . enberg, Secretary mgConmusston C\AJ.lIPRO\DOCS\CUPW2:5 9CCbc Page 2