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HomeMy WebLinkAboutPC Res 93-02 - 1993-01-06 '. .. RESOLUTION NUMBER 93-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 92-22, PERMITTING THE CONTINUATION OF AN OFF-SALE GENERAL LIQUOR LICENSE IN CONJUNCTION WITH AN LIQUOR STORE LOCATED AT 322 MAIN STREET (NIP 'N STUFF) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On November ]2, ]992, John Baker ("The Applicant") filed an application for CUP 92-22 with the Department of Development Services The applicant seeks continuation of an off-sale general liquor license in conjunction with an existing liquor store 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 ]4 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 92-22 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ ]530] (Existing Uses), because it involves the negligible expansion of an existing use, pursuant to ~ ] 5305 (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 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 January 6, 1992 to consider the application for CUP No 92-22 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 hearing on January 6, ]992 indicates the following' (a) On November ]2, 1992, John Baker submitted an application for CUP 92-22 with the Department of Development Services (b) The applicant is requesting approval ofan off-sale general liquor license in conjunction with an eXisting liquor store located at 322 Main Street, Seal Beach (Nip 'n Stuft) 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 Lots 22, 24 and 26, Block 209, Bay View Tract, as per map recorded in Book 8, Page 91 of Miscellaneous Maps in the office of the county recorder of said County The subject property is further identified as Orange County Assessor's Parcel Number 043-] 13-46 (d) The subject property contains approximately 8,8]2 5 square feet and is located approximately 280 northerly of the center of the intersection of MaIO Street and Electric Avenue. (e) The subject property has 75 feet offrontage on Main Street The subject establishment has approximately 40 feet of frontage on Main Street C\AMIPRO\DOCS\CUP\R92-22 see be Planmng ConunlSSlon Resolution No 93-2 (f) The subject property contains mixture of commercial and residential uses including the subject liquor store, a stationers, a hair salon, a beauty and massage shop, a law office and two (2) second story residences (g) The applicants are proposing to maintain the existing hours of operation at 600 a m to 2'00 a m daily. (h) The surrounding land use and zoning are as follows NORTH, SOUTH & WEST Mixed commercial uses in the Service Commercial zone, (C-l) EAST A mixture of residential uses in the Residential High Density zone, (RHO) (i) Main Street is a secondary street developed to its ultimate right-of-way of 80 feet (j) retail floor area. The subject liquor store contains approximately 1,500 square feet of gross (k) The subject property currently provides seven (7) off-street parking spaces which is less than the required on-site parking 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 (I) Chief of Police Bill Stearns has reviewed this request and has no concerns regarding the granting of this request (m) The City has received no responses, written or other, to its mailed notice regarding CUP 92-22 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. 92-22 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 on-sale service of alcoholic beverages 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 December 29, 1992, and found the liquor store meets all requirements of the Code, excluding parking, and presently meets all normal conditions of approval for establishments serving off-sale general liquor, excluding the presence of slgnage in window areas (c) The building and property at 322 Main Street 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) Nip 'n Stuff liquor store has been in continuous operation for approximately 25 years C \AMIPRO\DOCSlCUP\R92-22 Bee be Page 2 ~ PI.uuung Conunu.sIOD Resolution No 93-2 (f) The off-premises sale of beer, wine and distilled spirits, if properly conditioned and enforced, is compatible with the character of the Main Street 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 Planning Commission hereby approves Conditional Use Permit 92-22, subject to the following conditions 1 CUP # 92-22 is approved for liquor sales at 322 Main Street and is issued to John Baker for Nip-N-StuffLiquor 2 The applicant shall comply with all restrictions placed upon the off-sale general liquor license issued by the State of California 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 Alcoholic Beverage Control 4 The hours of operation shall be 6 00 A M to 2 '00 A M. daily 5 No video games or similar amusements shall be permitted on the premises 6 No new lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas facing a public street or right-of-way Interior displays of alcoholic beverage signs which are clearly visible to the exterior shall constitute a violation of this condition Existing window signs shall be removed by December 3], ] 993 7 Conditional Use Permit # 92-22 is non-transferrable 8 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 9 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 ofthe Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed 10 A modification of this Conditional Use Permit shall be obtained when (a) A transfer of majority ownership of the business is proposed (b) The establishment proposes to change its type ofliquor license (c) The establishment proposes to modifY any ofit's current conditions of approval (d) There is a substantial change in the mode or character of operations of the establishment. 11 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 Citv 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 12. Exterior light10g 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. A lighting plan shall be proVided, subject to review and approval by the Director of Development Services, which promotes minimal disturbance to nearby residences 13. 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 C \AMIPRO\DClCS\CUP\Cl2-22 BCC be Page 3 '. Planrung CommISSion Resolution No 93-2 14. The establishment shall have a public telephone listing 15 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 16 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 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 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 orgamzations 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 P T. Program, for referral to either the BAD D or T.I P S Program Telephone' (7]4) 568-4]87 ] 7 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 ] 0 00 P M and 7 00 AM. 18 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 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 ] 9 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 C \AMIPR.O\IXX':S\CUP\RIJ2..22 Bee be Page 4 , . .'. Plannmg CommIWOD ResolutlOll No 93-2 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of January, 1993 by the following vote' AYES Commissioners Fife. Shalll. Law. Dahlman NOES: Commissioners --- ABSENT Commissioners Orsini ~ i'hillip Fife, Planmng C e Whittenberg, Secretary Planning Commission C \AMIPROIDOCS\CUP\R92.22 BCe be Page 5