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Home My WebLink AboutPC Res 93-18 - 1993-03-17 RESOLUTION NUMBER 93-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 93-6, PERMITTING CONTINUATION OF COIN-OPERATED AMUSEMENT DEVICES (VIDEO GAMES) IN CONJUNCTION WITH AN EXISTING BOWLING ALLEY LOCATED AT 12311 SEAL BEACH BOULEY ARD (ROSSMOOR BRUNSWICK BOWL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 14, 1992 and February 4, 1993, leiserv, Inc. ("The Applicant") filed an application for CUP Nos. 92-15 and 93-6, respectively, with the Department of Development Services. Through CUP 93-6 the applicant seeks continuation of coin operated amusement devices (video games) in conjunction with an existing bowling alley. This application has been filed in response to City Ordinance 1348 which required all existing businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP No. 93-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301 (Existing Uses), because the application is for an existing use which is not expanding; pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of 20% slope or a change In land use or density; and finally, 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 March 17, 1993 to consider the application for CUP No. 93-6. No written evidence was submitted for or against the project. At the public hearing two representatives of the applicant spoke in favor of the request with no persons appearing in opposition. Section 4. The record of the hearing on March 17, 1993 indicates the following: (a) On September 14,1992 and February 4, 1993, Leiserv, Inc., (Brunswick Rossmoor Bowl) filed applications for CUP 93-6 and 92-15, respectively, with the Department of Development Services. (b) The applicant is requesting the following : (1) CUP 92-15: A permit to continue to sell alcoholic beverages for on-premises consumption in conjunction with an existing bowling alley located at 12311 Seal Beach Boulevard, Seal Beach (Brunswick Rossmoor Bowl). (2) CUP 93-6: A permit to continue to provide coin-operated amusement devices (video games) in conjunction with the existing bowling alley. C IWPSI\RI'1lOICUP93-6 PCRILW\ll3-17-93 Planning CommisSIon Resolution No. 93-18 Conditional Use PeTItUt 93-6 These applications have been filed in response to City Ordinance 1348 which required all existing businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance. (c) The subject property is legally described as Orange County Assessor's Parcel Number 086-492-35 and is located within the Rossmoor Business Center. (d) The subject structure contains approximately 46,000 square feet of floor area with the bowling alley occupying approximately 38,000 square feet. The subject structure is located on the westerly side of Seal Beach Boulevard and is set back approximately 300 feet from the street. (e) Within the bowling alley are the following: 40 bowling lanes; pro shop; snack bar (serving hot and cold food items); game room (with 12 video/pinball games); a play room for children; two billiard tables; and a lounge (with seating for approximately 22 and a billiard table) (f) The bowling alley has 115 feet of frontage on Seal Beach Boulevard. (g) The Rossmoor Business Center contains a mixture of commercial retail and office uses. (h) The applicants are proposing to maintain the existing hours of operation at: 9:00 a.m. to 12:00 a.m. 9:00 a.m. to 2:00 a.m. Sunday through Thursday Friday and Saturday (i) The surrounding land uses and zoning are as follows: NORTH A mixture of commercial uses located in the Rossmoor Business Center in the General Commercial zone (C-2) and a condominium development located in the Residential High Density zone (RHD). SOUTH A mixture of commercial uses located in the Rossmoor Business Center in the C-2 zone. EAST A bank located in the C-2 zone is located across Seal Beach Boulevard. WEST A condominium development in the RHD zone is located approximately 500 feet away across the Center's rear parking lot. (j) The shopping center currently meets all parking requirements of the Code. (k) Chief of Police Bill Stearns has reviewed these requests and has no concerns regarding granting them. (1) The City has received no responses, written or other, to its mailed notice regarding CUP 93-6. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City's ~, the Planning Commission hereby finds as follows: C IWPSIIRBSOICUP9U PCRILW\03-17-93 2 Planning CommisSIon Resolution No. 93-1 g CondltiotuJl Use Permit 93-6 (a) CUP No. 93-6 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits coin operated amusement devices (video games) subject to the issuance of a Conditional Use Permit. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) Staff inspected the subject property on March 8, 1993, and found the bowling alley meets all requirements of the~, and presently meets all normal conditions of approval for establishments having coin operated amusement devices (video games). (c) The building and property at 12311 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (d) Brunswick Rossmoor Bowl has been in continuous operation for approximately 26 years. (e) The provision of coin operated amusement devices (video games), if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate any negative impacts to neighboring residential properties. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 93-6, subject to the following conditions: 1. CUP # 93-6 is approved for the continued provision of coin-operated amusement devices at 12311 Seal Beach Boulevard and is issued to Leiserv, Inc., (Brunswick Rossmoor Bowl) for Brunswick Rossmoor Bowl. 2. That the on-duty manager of the bowling alley shall monitor the video game area to prevent the loitering of individuals in the game room. 3. That the business hcense fee for the coin-operated amusement devices be paid annually for each of the devices. 4. The hours of operation shall remain: (a) Sunday through Thursday, 9:00 a.m. to 12:00 a.m. (b) Friday and Saturday, 9:00 a.m. to 2:00 a.m. 5. A sign, not less than three (3) square feet in area, shall be clearly posted at the video game machine area stating that use of the machines is limited to bowling alley patrons. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of March, 1993 by the following vote: AYES: Commissioners Law. Shm:p and Soukup NOES: Commissioners ABSENT: Commissioners Dahlman and Fife C IWPSIIRBSOICUP93-6 PCRILWIOl-17-93 3 . C IWPSI\RFSO\CUP93-6 PCRU.W\03-17-93 Planning ComnusSlon Resolution No. 93-18 Conditional Use Permit 93-6 /1 I . X!m Sharp, Acti g Chairman ~;~/~lanning Commission 4