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Home My WebLink AboutPC Res 93-16 - 1993-03-17 .. RESOLUTION NUMBER 93-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 93-8, PERMITTING THE CONTINUED SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION IN CONJUNCTION WITH AN EXISTING MARKET LOCATED AT 1430 OCEAN AVENUE (DOLPHIN MARKET) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE. Section 1 On February 5, 1993, Kenneth and Linda Zoelle ("The Applicants") filed an application for CUP 93-8 with the Department of Development Services The applicant seeks to continue to selI alcoholic beverages for off-premises consumption in conjunction with an existing market located at 1430 Ocean Avenue (Dolphin Market) 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 satd ordinance Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the City's Local CEQA Guidelines, staff has determined as follows The application for CUP No 93-8 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 of20% slope or a change in land use or density, and finalIy, 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 93-8 No evidence, written or oral, was submitted for or against the project Section 4 The record of the hearing on March 17, 1993 indicates the folIowing. (a) On February 5, 1993, Kenneth And Linda ZoelIe filed an application for CUP 93-8 with the Department of Development Services (b) The applicant is requesting approval to sell off-premises beer and wine In conjunction with a an existing market located at 1430 Ocean Avenue, Seal Beach (Dolphin Market) 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 ofapproval of said ordinance. (c) The subject property is legally described as Lot 4, Block D, Tract No 1009 The subject property. is further identified as Orange County Assessor's Parcel Number 199-092-8 (d) The subject property contains apprOlomately 2500 square feet and is located at the southwesterly corner of Ocean Avenue and Dolphin Avenue (e) The subject property has 25 feet of frontage on Ocean Avenue and 100 feet of frontage on Dolphin Avenue. (f) The subject property contains a mixture of commercial and residential uses including the subject market and a residential dwelling unit on the first floor and three (3) residential units above C\AMlPRO\OOCS\CUP\RJlJ..8 8CC be Planmng CommissIOn Resolul1on No 93-16 Conditional Use Permit 93-8 (g) The applicants are proposing to maintain the existing hours of operation at 9.00 a m. to 9'30 p.m daily (h) The subject property is surrounded on alI side by a mixture of single-family and multi-family residences located in the Residential High Density zone (RHD) and a nonconforming commercial real estate office, located to the west in the RHD zone (i) The subject market contains approximately 1,325 square feet of gross retail floor area. G) The subject property currently provides none of the five (5) required off-street parking spaces for the market use The property is considered a legal nonconforming use because its uses predate the current parking provisions and were considered to meet parking requirements at the time they were established. (k) Chief of Police Bill Steams has reviewed this request and has no concerns regarding the granting of this request. (I) The City received no written comments responding to the notIces of the hearing on CUP No 93-8 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 Code, the Planning Commission hereby finds as follows' (a) Staff inspected the subject property on March 3, 1993, and found that the store meets all requirements of the Code. excluding parking and a nonconforming commercial use of the property, and presently meets all normal conditions ofapproval for establishments selling alcoholic beverages for off-premises consumption, excluding the window signs (b) The granting of CUP 93-8 is to alIow the continuation ofa nonconforming use and does not entail a new use or intensification of a nonconforming use on the subject property The Code of the City of Seal Beach permits nonconforming uses to continue indefinitely provided the use in maintained continuously with no breaks in use of greater than 90 consecutive days As such, the continuation of the existing use is consistent with the provisions of the General Plan (c) The building and property at 1430 Ocean Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property (d) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use (e) Dolphin Market has been in continuous operation for approximately 50 years with no history of extraordinary demands for police services or of nuisance complaints from neighboring residents (f) The continued off-premises sale of beer and wine is compatible with the character of the surrounding neighborhood Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties (g) The Seal Beach Police Department has reviewed the existing records of the market and has no reservations regarding the requested license Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 93-8, subject to the following conditions 1 CUP # 93-8 is approved for an off-sale general liquor license at 1430 Ocean Avenue and is issued to Kenneth And Linda Zoelle for Dolphin Market. C\AMlPR()\[X)CS\CUP\R!IJ.I BCC be Planmng Commission Resoluuon No 93-16 Conml1onal Use Permtt 93-8 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control 3. The applicant shall furnish the City a copy of his ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage Control This shalI be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 4 The hours of operation shall be 9 00 a m to 9 30 P m. daily 5 No video games or similar amusements shall be permitted on the premises 6 There shall be no exterior advertising of any kind or type, including advertiSing directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Existing window signs shall be removed by ApriJ 1, 1994 7 The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services 8 This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed 9 A modification of this Conditional Use Permit shall be obtained when (a) The establishment proposes to change its type of liquor license (b) The establishment proposes to modifY any ofit's current conditions of approval. (c) There is a substantial change in the mode or character of operations of the establishment. 10 The Planning Commission reserves the right to revoke or modifY this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach 11 In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municioal Code, to require the provision of additional security measures 12 The establishment shall have a public telephone listing 13 It shalI be the responsibility of the applicantllicensee to provide all employees that selI or serve alcoholic beverages with the knowledge and skills that wilI enable them to comply with their responsibilities under State law 14 The knowledge and skilIs deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the folIowing topics and skills development a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours oflegal operations and penalties for violations of these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves C\AMIPRO\DOCS\CUP\R93.I BCC be : Planmng CommissIOn Resolul1on No 93-16 Conditional Use Pernut 93-8 or innocent victims as a result of the excessive consumption of alcoholic beverages c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles d) Methods for dealing with intoxicated customers and recognizing underage customers The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria 1) Department of Alcoholic Beverage Control LEA D Program Telephone. (714) 558-6482 2) Orange County A D E PT. Program, for referral to either the B.A D.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 the operator of the establishment shall remove trash and debris on an appropriate 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 ours of 10.00 P M and 7 00 AM 16. The Planning Commission reserves the right to revoke or modifY this Conditional Use Permit pursuant to Articles 25 and 28 of Chapter 28 of the Code of the Citv of Seal Beach if harm or retail related problems are demonstrated to occur as a result of criminal or antisocial behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter 17. The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law The premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas iflocated in a commercial center 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. Sham. Soukup NOES Commissioners ABSENT. Commissioners Dahlman. Fife df'~ Whittenberg, Secretary Planning CommiSSion es Sharp, Acting C airman lanning Commission C\AM)PRO\DOCS\CUP\R!J3-B ace be