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HomeMy WebLinkAboutPC Res 93-54 - 1994-01-05 RESOLUTION NUMBER 93-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CONDmONAL USE PERMIT NO 92-20, PERMITTING THE CONTINUATION OF AN ALCOHOL- RELATED LAND USE IN CONJUNCTION WITH AN EXISTING GROCERY MARKET LOCATED AT 148 MAIN STREET (JOHN'S FOOD KING) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB SectIon I On September 30, 1992, Donald A and Sharon K DaVIS submItted an apphcatlon for Conditional Use Permit 92-20 WIth the Department of Development Servtces Sectton 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City'S Local CEQA Guldelmes, staffhas determmed as follows The apphcatlon for CUP No 92-20 IS categorically exempt from review pursuant to the California EnVIronmental QUalIty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Exlstmg Uses) and pursuant to ~ 15061(b)(3), because It can be seen WIth certainty that there IS no pOSSIbility that the approval may have a Significant effect on the enVIronment Section 3 A duly noticed public hearing was held before the Planning Commission on December 8, 1993 to conSider the apphcatlon for extensIOn of CUP No 92-20 No wntten evidence was submitted for or agamst the project At the pubhc hearing the apphcant spoke m favor of the request, no persons appeared m opposition WIth one person speakmg neutral Section 4 The record of the hearing on December 8, 1993 mdicates the follOWIng (a) On January 20, 1993 the Planning Comrmssion approved CUP 92-20 permlttmg an alcohol-related land use at 148 MaIO Street (John's Food Kmg) (b) CUP 92-20 was adopted through the approval of Resolution 92-62, condition 9 of which estabhshed an initIal term of twelve (12) months (c) Through Its approval of CUP 92-20 and CUP 92-13, the Commission requested staff schedule the required review hearings together to consider the approved variance for shared parkmg in the lot adjacent to Papillon restaurant (d) William Stearns, ChtefofPohce, reviewed the imttal requests and had no concerns about the proposed entertlUnment or alcohol-related land use SectIOn 5 Based upon the facts contained m the record, includmg those stated m ~ 4 ofthts resolutlon, and pursuant to ~~ 28-2503 and 28-2504 of the CIty's Code. the Plannmg CommissIon hereby finds as follows (a) Staff inspected the market at 148 Main Street on December 1,1993 and found the subject property to be abldmg by all condlttons of approval of CUP 92-20 (b) The granting of an mdefimte extension of CUP 92-20 is consistent with the proviSIOns of the General Plan whtch mdicate the subject property is to be used for service commercial purposes, whtch mcludes alcohol-related land uses as a conditlonally approved use (c) The budding and property at 148 Mam Street are adequate m SIze, sllape, topography and location to meet the needs of the existing use of the property 1'\ IQJI"R."oll llCCL.. Plantung Comnuss1on Resolution No 93-54 January 5, 1994 (d) Required adherence to apphcable buildmg and fire codes ensure there Wlll be adequate water supply and utilities for the proposed use (e) The continuation of the use of the subject property at 148 Main Street as a grocery market servmg beer and wine for off-premises consumption is compatible Wlth the Intended character of the Main Street area Adherence to the conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcohohc Beverage Control should mtt1gate any negatIve unpacts to neighbonng residential properties (f) The Seal Beach Police Department has reviewed the eXlstmg records of the restaurant and has no reservations regardmg the requested extension of the conditional use penmt Section 6 Based upon the foregomg, the Planning Commission hereby approves a twelve (12) month extension for Conditional Use Permit 92-13, subject to the following conditions I CUP #92-20 IS approved for an alcohol-related land use entitlement at 148 Mam Street (John's Food KIng) Spectfically, the entitlement penmts the sale of beer and wine for off-premtses consumption. 2 The apphcant shall comply Wlth all restnctions placed upon the bcense by the State of Cal1forma 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 Alcohohc Beverage Control 4 The hours of operation shall be 6 00 A M to 2 00 AM 5 No video games or sll1l1lar amusements shall be pernutted on the premtses 6 No bghted SIgnS advertising alcohohc beverages shall be placed in the WIndow areas, nor shall any other signs advertising specific brands of alcohohc beverages be permitted m the WIndow areas Intenor displays of alcoholic beverages which are clearly ViSible to the extenor sllall constitute a VIolation of t/us condition 7 The applicant will prominently display these conditions of approval Wltlun the business's customer area that is acceptable to the Dlfector of Development Services 8 This Conditional Use Permit sllall not become effective for any purpose unless an "Acceptance of Conditions" form has been SIgned by the apphcant in the presence of the Director of Development Services, or notarized and returned to the Plannmg Department, and until the ten (10) day appeal period has elapsed 9 A modification of Conditional Use Penmt shall be obtained when (a) The establisl1ment proposes to change its type ofliquor license (b) The estabhshment proposes to modd'}' any of It'S current conditions of approval (d) There is a substantial change in the mode or character of operatIOns of the establisl1ment 10 The Plannmg Comnussion reserves the right to revoke or modifY this ConditIOnal Use Permit if any violation of the approved concbtions occurs, any violation of the Code of the Cltv of Seal Beach. occurs, or for those reasons specified by Article 28, and In the manner spectfied m ArtIcle 25, Code of the City of Seal Beach 1=\ \ClI1'IR...oIl BCC!.. Page 2 1 PlanDlng Com1D1SSlOn ResoluUon No 93-54 January 5, 1994 II Exterior hghtmg in the parking area sltall be kept at a level so as to proVIde adequate hghting for patrons wlule not unreasonably dIsturbing surrounding resIdential or commercIal areas A bghting plan shall be provided, subject to review and approval by the Director of Development Services, which promotes minimal dIsturbance to nearby residences 12 In the event staff determines that security problems coost on the site, the condItions of tlus pernut may be amended, under the procedures of the City's municipal Code, to reqUIre the prOVISIon of addItional security measures 13 The estabhshment shall be required to have a public telephone hstmg 14 It shall be the responsibility of the apphcantlhcensee to provide all employees who sell or serve alcoholic beverages with the knowledge and skills that wlll enable them to comply WIth theIr responSIbilities under State law The knowledge and skills deented necessary for responsible alcoholic beverage service shall mclude, but not be hmited to the following tOpICS and skills development a) State laws relatmg to alcoholic beverages, particularly ABC and penal proVIsions concenung sales to mmors and intoxicated persons, dnvmg under the mfluence, hours oflega! operations and penalties for Vlolattons of these laws b) The potenttallegal habilittes of owners and employees of bus messes dispensing alcohohc beverages to patrons who may subsequently mjure, kill, or hann themselves or innocent VlctunS as a result of the excessIve consumption of alcohohc beverages c) Alcohol as a drug and ItS effects on the body and behaVIor, including the operation of motor velucles d) Methods for dealing with mtOlocated customers and recogmzmg underage customers The following orgarnzations have been identified by the State Department of Alcoholic Beverage Control as providing tr8lD1ng programs which comply WIth the above cntena (1) Department of Alcoholic Beverage Control LEA D Program Telephone (714) 558-6482 (2) Orange County A D E P T Program, for referral to etther the BAD D or TIP S Program Telephone (714) 568-4187 15 LItter and trash receptacles shall be located at convenient locations inSIde and outside the establishment, and operators of such estabbshments shall remove trash and debns on an appropnate 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 1000 P M and 7 00 AM 16 The PlanJUng CommissIon reserves the right to revoke or moduy this Conditional Use Permit pursuant to Articles 25 and 28 of the Code of the City of Seal Beach ifharm or retail related problems are demonstrated to occur as a result of criminal or antiSOCIal behavior, mcluding but not hnuted to the congregation ofmmors, violence, public drunkenness, vandalism, soliCItatIon and/or litter 1=\ W!>.R...oB BCCk Page 3 P1anmng CommtSS10n Resolutton No 93-54 January 5, 1994 17 Tlus Conditional Use Permit shall become null and void unless exercised witlun one (1) year of the date of final approval, or such extenSIon oftmle as may be granted by the Planning Commission pursuant to a written request for extensIon submitted to the Department of Development Sel'V1ces a mmlnlum of ninety (90) days prior to such expiration date 18 Off-sale liquor establishments shall not sell or store gasoline or dIesel fuels on the same premises as alcohobc beverages, subject to approval of a Condluonal Use Penmt 19 The sale of alcohobc beverages for consumption on premises shall be prolublted and there shall be appropnate posting of SIgnS both inside and outside the licensed premises that drinking of alcohobc beverages on the prenuses IS prolubited by law The premises shall mclude the hcensed premises proper, appurtenant and required parking areas, and appurtenant common areas jflocated m a commercial center 20 There shall be no banner advertlsmg of commodities on the outsIde of the bulldmg except that SpecIal commumty events may be advertised by banners, pursuant to the provisions of the zomng ordmance John's Food Kmg newspaper advertisements, which mayor may not mc1ude advertisements for alcohohc beverages, may be displayed m the buildmg's exJsung outside glass advertising cases PASSED, APPROVED AND ADOPTED by the Planning Comnussion of the CIty of Seal Beach at a meeting thereof held on the 5th day of January, 1994 by the following vote AYES CommissIoners .$HI9R P; Ll9w/ f)~HL/YA~ CI9MP136J.J-. NOES Comnussioners ABSENT CommisSIoners SOUKUP ~p Planning Commission ttL W~4/ e Whittenberg, Secretary PlannIng Commission 1=\ \Cl)P>R."oIl BCC~ Page 4