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Home My WebLink AboutPC Res 93-34 - 1993-07-21 RESOLUTION No. 93-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, DENYING CONDITIONAL USE PERMIT #93-10, A REQUEST FOR AN ALCOHOL-RELATED LAND USE ENTITLEMENT FOR ON-PREMISE SERVICE OF BEER AND WINE AT THE FIT STOP, 12235 SEAL BEACH BOULEVARD, SEAL BEACH, CA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On May 5, 1993, Henry A. Sarrouf, ("Applicant") filed an applIcation for Conditional Use Permit (CUP) #93-10 with the Department of Development Services. The ApplIcant sought an alcohol-related land use entItlement for on-premIse servIce of beer and wine in conjunction wIth an eXI~tIng snack bar (The Fit Stop) inside an existing health club (Rossmoor Athletic Club) at 12235 Seal Beach Boulevard, Seal Beach pursuant to ~~28- 1300,28-1302,28-1303,28-1304,28-2503,28-2504 and 28-2209(6) ofThe Code of the City of Seal Beach. CA (Code). Section 2. Pursuant to 14 California Code of RegulatIons, ~ 15025(a) and ~ll.B of the City's Local CEQA Guidelines, staffha~ determined as follows: CUP #93-10 IS categorically exempt from review, pur~uant to the CalIfornia Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~15301 (EXisting Uses), because It Involves the negligible expansIOn of an eXIsting use, pursuant to ~ 15305 (Minor Alterations in Land Use LlImtations), because the proposal involves a minor alteration in land use 11I11ItatIon and doe~ not involve either a property In excess of 20% slope or a change in land use or density, and finaUy, pur~uant to ~15061(b)(3), because It can be sen with certainty that there is no possibIlity that the approval may have a significant effect on the environment. Secl10n 3. A duly notIced Public Hearing was held before the Planmng Commission on June 23, 1993 to conSider the applicatIOn for CUP #10. EVIdence, both written and oral, was submitted for and against the application. Section 4. The record of the Public Hearing on June 23, 1993 indicates the following: (a) The subject property IS located at 12235 Seal Beach Boulevard, Seal Beach and contains approxllnately 685 ~quare feet. (b) The subJect propcrty currently containS an existing snack bar Without a Departmcnt of AlcoholIc Beverage Control (ABC) license. (c) The subject property's surrounding land use and zoning classifications are: NORTH & SOUTH Commercial uses located in the Rossmoor Center. WEST Multiple family reSIdences located in Seal Beach and In the community of Rossmoor In the unmcorporated territory of Orange p,g,2 PbMlIlJ ('Olllml"lOD RC'''Iolullon No 93-34 1221'i ~~.allle'lLh Boulevard. The Fit btop County. EAST A mixture of open space, utIlized for the most part as a golf course in the R-G zone, retail-commercIal uses located m the C-l zone and re~ldential uses located m the City of Los Alamltos. (d) The subject property has prevlOu~ly received the following Planning CommIssion approvals: (I) CUP #85-5 May 15, 1985: The Planning Commission granted CUP #85-5 for an alcohol- related land u~e entitlement for an ABC "41" On- Sale Beer and Wme license; Resolution #1373 The applicant was Steven Ellis. This application was necessary because at that tIme CUPs were non-transferrable. The snack bar was not considered a walk- up/take-out restaurant by staff since it did not service the general public at large. Resolution #1373 permitted the sale of beer and wine with a two drink IInllt and no alcohol sales after 11:00 P.M. (2) CUP #84-13 August I, 1984: The PlannIng Commission granted CUP #83-13 for an alcohol- related land use entitlement for an ABC #40 On- Sale Beer Only license; Resolution #1334. The applicant was Dean Fontame. The applicant's hours of operatIOn were 12:00 p.m to 11:00 pm. dally. (3) V AR #78-9 Construction of a two-story 12,000 sq. ft. addItIOn (10 racquetball courts) to the eXl~tIng 20,500 sq. ft. Rossmoor Racquetball faCIlity, with a second story bndge over the Rossmoor Center alley to connect the two bUlldmgs. The Variance was requested for the bndge portion of the addition All parkmg and setback standards were met. (e) The Department of Development Services deems the property to meet all parkmg Code requIrements. (f) The Seal Beach Police Department reviewed the applicatIOn for CUP #93- 10 and reports It has reservatIOns regardmg the proposed alcohol-related land use entItlement. (g) The City receIved no comments m response to the NotIces of the Public Hearing on CUP #93-10. (h) Staff inspected the subject property on May 25, 1993, and found the snack bar to be serving all items listed on their menu. L Page 3 fJlanomg COIJUl11'>'IIon R~ndulrofl: No 93-34 1221; Seal I1ea('h lIoukva.rd . The Fll Stop (i) The subject property is located 185 feet from the nearest resIdential structure. G) The FIt Stop is a snack bar featuring a selection of non-alcoholIc beverages, sandWIches, soups, salads, smoothies and snacks. The Fit Stop has no history of extraordinary demands for police servIces or of nUIsance complaints from neIghbOring residents. SectIon 5. Based on the facts contained in the record, including those state In Section 4 of this resolution, and pursuant to Code ~~ 28-2503 and 28-2504, the Planning Commission hereby finds: 1. The Seal Beach Police Department has revIewed the existing records and has concerns regarding the approval of thIS CondItIonal Use PermIt due to over- concentration of alcohol-related land uses and hIgh crime. 2. The on-sale service of alcohol IS not compatIble with the character of the subject property and, In view of the intent of the faCIlIty to pnmanly serve the members and guests of a private club, the necessary finding that it is in the public interest to grant this applIcatIon cannot be made. 3. CUP #93-10 is inconsistent with the proviSions of the Land Use Element of the City's General Plan due to the inconsistency WIth thc use of the property and surroundmg uses due to the over-concentratIon of State lIquor lIcenses and high crime m Census Tract 1108.08 Section 6. Based on the foregoing, the Planning Commission hereby denies CUP #93-10. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof, held on the 21st day of July 1993 by the follOWing vote: AYES: Fife, Sharp, Dahlman, Law NOES: ABSTAIN: ABSENT: Soukup ; ~d~~ - PhillIp Fife, Chairman Planl1lng COmml\SlOn e Whittenberg, Secretary Planning Commission