HomeMy WebLinkAboutPC Res 93-13 - 1993-03-03
RESOLUTION NUMBER 93-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CUP NO 93-3, PERMITTING CONTINUATION
OF THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION
IN CONJUNCTION WITH AN EXISTING SUPERMARKET LOCATED AT
13960 SEAL BEACH BOULEVARD (LEISURE MARKET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
Section 1 On January 27, 1993, Bong Soon (Shaun) Lee ("The Applicant")
filed an application for CUP 93-3 with the Department of Development Services The applicant
seeks continuation of the sale of beer and wine for off-premises consumption in conjunction with
an existing supermarket 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.
93-3 is categorically exempt from review pursuant 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 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 3, 1993 to consider the application for CUP No. 93-3 No written
evidence was submitted for or against the project At the public hearing the applicant spoke in
favor of the request and no people spoke in opposition
Section 4
The record of the hearin~ on March 3, 1993 indicates the following
(a) On January 27, 1993, Bong Soon (Shaun) Lee submitted an application for
CUP 93-3 with the Department of Development Services
(b) The applicant is requesting a permit allOWing continuation of the sale of
beer and wine for off-premises consumption In conjunction with an existing supermarket at 13960
Seal Beach Boulevard (Leisure 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 said ordinance
( c) The subject property IS identified as Orange County Assessor's Parcel
Number 095-641-45
(d) The subJect market contains approximately 21,000 square feet of retail
space and is located within the Leisure World Shopping Center The center, a 7 36 acre mixture
of commercial uses, is located approximately 210 feet northerly of the center of the intersection of
Seal Beach Boulevard and Westminster Avenue
(e) The shopping center has 750 feet of frontage on Seal Beach Boulevard
(t) The applicants are proposing to maintain the existing hours of operation at
8 00 a.m to 6 00 p.m Monday through Thursday
900 a m to 5.00 p.m Sunday
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PlalUlIng ComnuSSIOQ Resolution No 93-13
(g) The surrounding land use and zoning are as follows
NORTH
& SOUTH
Mixed commercial uses located within the Leisure World
Shopping Center in the Service Commercial (C-l) Zone.
EAST
Residential uses located Within the community of Leisure
World in the Residential High Density zone - Planned Unit
Development, (RHO (PD))
(h) The subJect property currently meets all requirements of the Code
pertaining to parking
(i) Chief of Police Bill Stearns has reviewed this request and has no concerns
regarding the granting of this request
G) The City has received no responses, written or other, to Its mailed notice
regarding CUP 93-3
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) CUP No 93-3 is consistent with the provisions of the Land Use Element of
the City's General Plan, which provides a "service commercial" designation for the subject
property and permits the sale of alcoholic beverages for off-premises consumption 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 February 22, 1993, and found the
supermarket meets all requirements of the Code, and presently meets all normal conditions of
approval for establishments selling alcoholic beverages for off-premises consumption
(c) The building and property at 13960 Seal Beach Boulevard 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) Leisure Market has been in continuous operation for approximately 25
years
(t) The sale of alcoholic beverages for off-premises consumption, if properly
conditioned and enforced, is compatible with the character of the surrounding area 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
Section 6 Based upon the foregoing, the Planmng Commission hereby
approves Conditional Use Permit 93-3, subject to the following conditIOns
1 CUP # 93-3 is approved for the sale of beer and wine for off-premises consumption at
13960 Seal Beach Boulevard and is issued to Bong Soon (Shaun) Lee for Leisure Market
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 ofany conditions
placed on the license by the Department of Alcoholic Beverage Control This shall be
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PlannlDg Conumw,loo Resolution No 93-13
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'
8 00 a m to 6 00 P m Monday through Saturday
9.00 a m to 5 00 P m Sunday
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
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 SeTVIces
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 penod 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
(a) The establishment proposes to modifY any of it'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 Exterior lighting in the parking area shall be kept at a level so as to provide adequate
lighting for patrons while not unreasonably disturbing surrounding residential or
commercial areas
12. In the event staff determines that security problems exist 0 the site, the conditions of this
permit may be amended, under the procedures of the S I Belch M nici I Code to
require the provision of additional security measures
13 The establishment shall have a public telephone listing
14 It shall be the responsibility of the applicantllicensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skills that will enable them to comply
with their responsibilities under State law
15. The knowledge and skills deemed necessary for responsible alcoholic beverage service
shall include, but not be limited to the following 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 inBuence,
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 or innocent victims as a result of the excessive
consumption of alcoholic beverages
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Plannlllg Comnuss1on ResolutIon No 93.13
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 L.E A D Program
Telephone. (714) 558-6482
2) Orange County A D E P T. Program, for referral to either the B A D.D or
TIP S Program
Telephone' (714) 568-4187
16 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 1000 P.M and 7.00
AM.
17. The Planning Commission reserves the right to revoke or modifY this Conditional Use
Permit pursuant to Articles 25 and 28 of the Code ofthe City of Seal Beach ifharm 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
18 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 3rd day of March, 1993 by the following vote
AYES' Commissioners Fife, Sharp, Dahlman, Law, Soukup
NOES Commissioners
ABSENT Commissioners
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