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HomeMy WebLinkAboutPC Res 94-46 - 1994-12-21 RESOLUTION NUMBER 94-46 A RESOLUTION OF THE PLANNING COMMISSTON OF THE CITY OF SEAL BEACH APPROVING CONDlTIONAL USE PERMIT 94-8, PERMITTING AN ALCOHOL-RELATED LAND USE AT 327 MAIN STREET, SEAL BEACH (NIP-N-STUFF LIQUOR STORE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIon I On November 2, 1994, John Baker ("the Apphcant") filed an apphcatlon for CUP 94-8 with the Department of Development Services Through CUP 94-8, the apphcant seeks approval for an alcohol-related land use at 327 Main Street, Seal Beach Specifically, the apphcant IS requesting to relocate an eXlstmg liquor store across the street from ItS present address of322 Main Street Section 2 Pursuant to 14 Cahf Code of Regs 9 15025(a) and q II B of the City's Local CEQA GUIdelines, staff has detel mmed as follows The apphcatlon for Conditional Use Permit 94-8 IS categOllcally exempt from review pursuant to the Cahfornla EnVironmental Quahty Act pursuant to 14 Cahf Code of Regs 9 15303 (New Construction or Conversion of Small Structures), because It Involves remodel ofa small commerctal structure In an area zoned for commercial uses, has an occupant load of30 or less, IS not bemg constlucted In conJunction With four (4) or mOle such stluctures, and does not Involve the use of slgmficant amounts of hazardous waste, and, pursuant to ~ 15061 (b )(3), because It can be seen WIth certainty that there IS no POSSlblhty that the approval may have a slgmficant effect on the environment SectIOn 3 A duly noticed public heanng was held before the Planning CommissIon on December 7, 1994 and continued to December 21, 1994 to consIder the apphcatlon for CondItIOnal Use Permit 94-8 At the pubhc hearing the apphcant and three (3) people spoke In favor of the request WIth one person spoke In oppOSItion and one pel son speaking neutral Section 4 The recOl d of the heallngs of December 7 and 21, 1994 indicates the follOWing (a) On November 2, 1994, John Baker filed an apphcatlon for CUP 94-8 WIth the Department of Development ServIces (b) The apphcant IS requesting to relocate an eXisting hquor store (Nlp-n-Stuft) from 322 Main Street to 327 Main Street, Seal Beach (c) The subJect property IS Identified as Orange County Assessor's Parcel Number 043-112-35 (d) The subJect propel ty IS located on the west Side of Main Street approximately 225 feet southerly of the Intel section ofMam Street and Pacific Coast HIghway (e) The apphcant has operated a hquor store at 322 Main Street for approximately 14 years The subJect hquor store has been on operation for approximately 34 years under vallOUS ownership As a preexisting use, the hquor store had operated Without a CUP until 1993 when the City required all uses requIrIng a use permit to obtain one Within 6 months of the adoption of Ordinance 1348 (f) The operator, and the apphcant In thiS lequest, John Baker apphed for and receIved CUP 92-22 In January of 1993 1=\ 'I. I ll'lPo" IICl L.. l'/anlllnK ('OI/IIII1WOn Re,o/lIllOn No 9-1--1-1 J)ewlllbel 2 I. 199-1 (g) There are two (2) churches within 500 feet of the proposed locatIOn, though the relocatIOn wdl mcrease the separation by over 200 feet , (h) ConditIon 6 of Resolution 93-2 stated "No new hghted signs advertising alcohohc beverages shall be placed In the window areas, nor shall any other SignS advertising speCific brands of alcohohc beverages be permItted In the Window areas facing a pubhc street or nght-of-way Intenor displays of alcohohc beverage sIgns which are clearly VIsible to the extenor shall constitute a violation of this condition EXisting wmdow sIgns shall be removed by December 31, 1993 " To date the apphcant has not removed the signs advertlsmg aleohohc beverages from his Windows and remains In VIOlation of the Planning Commissions conditions of approval (I) The apphcant IS proposing to maintain the eXlstmg hours of operation at 6 00 a m to 2 00 a m Dally 0) The surroundmg land uses and zoning are as follows NORTH, SOUTH & EAST A mlxtUle of commercial uses located along Main Street m the Service Commercial zone, (C-I) WEST A mlxtUle ofsmgle family and multl-famdy residential uses located In the Residential High Density zone, (RHO) (k) Chief ofPohce Bill Stearns has revIewed this request and has no concerns regarding the relocation of the hquor store (I) The City received thl ee (3) wntten responses to ItS mailed notice for CUP 94-8 (m) The property owner at 322 Main Street, has, In wntlng, voluntanly rehnqulshed hiS nght to operate a hquor store at that addl ess through CUP 92-22 Section 5 Based upon the facts contained In the record, including those stated In ~ 4 of this resolutIon, and pursuant to ~~ 24-1300, 1303,28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows (a) Staffmspected the eXIsting location of the hquor store on November 22, 1994, and found the store In violation of Condition #6 of the Planning Commission conditions of approval (b) CUP No 94-8 IS consistent with the provIsions of the Land Use Element of the CIty's General Plan, which provides a "selV1ce commercial" deSignatIOn for the subject property and permits the on-sale servIce of alcohohc bevel ages subJect to the Issuance of a Conditional Use Permit The use IS also consistent with the remamlng elements of the City's General Plan as the pohcles of those elements are consistent wIth, and reflected In, the Land U,e Element AecOIdmgly, the proposed u,e IS consistent with the General Plan (c) The bUlldmg and property at 327 Main Stleet are adequate In SIze, shape, topography and locatIon to meet the needs of the proposed use of the property Through the City's bUilding plan check process the apphcant will be reqUIred to comply WIth all fire, health, buddmg and ADA requllements (d) ReqUIred adherence to apphcable buildmg and fire codes ensure there will be adequate water supply and utilities for the proposed use Page 2 1'\ \CUM... ace.. PlanlllnK ('OI1l/lIl\\IOJl RewlullOn"No 9-1--1./ Deeemher 21, 199-1 (e) Nlp-n-Stuffhquor store has been In continuous operation for approximately 34 years with no history of extraordinary demands for pohce selVIces or of nUIsance complaints from nelghbonng residents regarding the sale of alcohohc beverages for off-premises consumptton (f) The off-premises sale of beer, wine and dlsttlled SpIrIts, If properly condlttoned and enforced, IS compattble with the character of the Main Street area Adherence to condlttons of approval placed on the use by both the CIty of Seal Beach and the Department of A1cohohc Beverage Control should mitigate any negattve Impacts to nelghbonng reSidentIal properties (g) Due to lack of access to the rear of the bUIlding off of the alley, the proposed business would have dIfficulty performing loading acttvlttes off of the alley AdditIOnally, an abutting resident has testIfied on the record that estabhshment of a loading zone at the rear of the property would cause negative Impacts on her residence, due to nOise and congestIon (h) Given the rehnqUlshment of CUP 92-22 by the property owner, approval of CUP 94-8 will not InCI ease the number of alcohol-related land uses on Main Street SectIOn 6 Based upon the foregoing, the Planmng CommISSion hereby approves ConditIOnal Use Penlllt 94-8, subJect to the following conditIOns I CUP # 94-8 IS approved to penlllt an alcohol related land use allowmg the sale of alcohohc beverages for off-premises consumptIon within a 1,000 square foot commercial space located at 327 Main Street, Seal Beach 2 The apphcant shall comply with all restnctlons placed upon the off-sale general liquor hcense Issued by the Stdte ofCahfornla Department of Alcohohc Beverage Control 3 The apphcant shall furnish the City a copy of his current ABC hcense and a copy of the conditions placed on the hcense by the Department of Alcohohc Beverage Control 4 The hours of operation shall be 6 00 A M to 2 00 A M daily 5 No dehvenes shall be made fi om the alley at the rear 6 All adult matenals, as defined In Chapter 7 6 "Harmful Matter" of Title 9 of the Penal Code (SectIons 313 et seq ) or any succes~or statute, mcludlng but not hmlted to magazines and videos, shall be partitioned from view of the general pubhc In a speCially constructed area not accessible to mlnOl s Comphance With thiS conditIon IS subJect to the review and approval of the Duector of Development Services pnor to Issuance ofa Certificate of Occupancy 7 No video games or similar amusements shall be penllltted on the premises 8 No signs advertiSing alcohohc beverages shall be placed In the window area" nor shall any other signs advertiSing specific brands of alcoholIc beverages be permitted In the window areas facmg a pubhc street or llght-of-way Intellor displays of alcohohc beverage signs which are clearly vIsible to the extenor shall constItute a vIOlation of thiS condition 9 Extenor hghtlng In the pal kmg area shall be kept at a level so as to provide adequate hghtlng for patrons while not unreasonably dlsturbmg surrounding residential or commercial areas A hghtmg plan shall be proVided, subJect to review and approval by the Director of Development Services, which promotes minimal dlstUlbance to nearby residences 10 In the event staff determines that secunty problems eXist on the Site, the conditIons of thIs permIt may be amended, under the procedures of the Seal Beach MUnicipal Code, to require the proVIsion of additional secunty measures Page 3 1=\ \C1JW'... ace'- " l'lanmnJ{ ('0I111IWI\IOIl Re5olu/1011 No 9-1-44 Decemher 21, 199-1 11 The estabhshment shall have a pubhc telephone hstll1g 12 It shall be the responslblhty of the apphcant/hcensee to provIde all employees that sell or serve alcohohc beverages With the knowledge and skills that Will enable them to comply With their responslblhtles under State law 13 The knowledge and skills deemed necessary for responsible alcohohc beverage service shall Include, but not be hmlted to the follOWing tOpiCS and skills development a) State laws relating to alcohohc beverages, particularly ABC and penal provIsions concermng sales to minors and intoxicated persons, dnvlng under the II1fluence, hours oflegal operatIOns and penalties for violatIOns of these laws b) The potential legal hablhtles of owners and employees of businesses dispensing alcohohc beverages to patrons who may subsequently inJure, kIll, or harm themselves or Innocent Victims as a result of the excessive consumption of alcohohc beverages c) Alcohol as a drug and ItS effects on the body and behaVior, mcludlng the operatIOn of motor vehicles d) Methods for deahng With intoxicated customers and recogmzlng underage customers The follOWing orgamzatlons have been Identified by the State Department of A1cohohc Beverage Control as pi oVldmg trammg programs which comply With the above cntena I) Department of Alcohohc Beverage Control LEA 0 Program Telephone (714) 558-6482 2) Orange County A 0 E P T Program, for referral to either the BAD 0 or TIP S Proglam Telephone (714) 568-4187 14 LItter and trash receptacles shall be located at convement locations inSIde and outside the estabhshment, and the operator of the estabhshment shall remove trash and debns on an appropnate basI, so as not to cause a health problem There shall be no dumping of trash and/or glass bottles outside the estabhshment between the ours of 10 00 P M and 7 00 AM IS The sale of alcohohc beverages for consumption on the premises shall be prohibIted and there shall be appropnate posting of signs both inSide and outside the hcensed premIses that dnnklng ofalcohohc beverages on the premises IS prohibited by law The premises shall Include the hcensed pi emlses proper, appurtenant and I eqlllred parking areas, and appurtenant common areas Iflocated In a commercial center 16 A modification of this ConditIonal Use Penlllt shall be obtained when (a) The estabhshment proposes to change ItS type ofhquor hcense (b) The estabhshment proposes to modifY any of ItS current conditions of approval (c) There IS a substantial change In the mode or character of operatIOns of the estabhshment 17 The apphcant shall prominently display these conditions of approval In a location WIthin the busmess's customer alea that IS acceptable to the Director of Development Services 18 ThiS CondItional Use Penlllt shall not become effective for any purpose unless an "Acceptance of CondItions" form has been sIgned by the apphcant In the presence of the Director of Development ServICeS, or notallzed and returned to the Planmng Department, and untIl the ten (10) day appeal penod has elapsed Page 4 1=\ \OJP[...!.9<l3 OC'Ck Plannllll{ CO/llllllwon Re,olllllOn No 94--1-1 Decelllber 21, 199-1 19 All constructIon shall be In substantial comphance with the plans approved through ConditIOnal Use Permit 94-8 20 The Planmng Commission reserves the nght to revoke or modify this CondItional Use Permit If any ViolatIon of the approved conditIons occurs, any violatIon of the Code of the CltV of Seal Beach, occurs, or for those reasons specified by Article 28, and In the manner specified In Article 2'i, of Chapter 28 of the Code of the City of Seal Beach, Ifharm or retatl related problems are demonstrated to occur as a result of cnmlnal or antIsocIal behavior, including but not hmlted to the congregatIon ofmmors, vIOlence, publIc drunkenness, vandahsm, solIcitatIon and/or htter 21 The term of thIs permit shall be for three (3) months, after which time the appheant may apply to the CommissIon for a three (3) month extension, followed by two SIX (6) month extensIOns, and thereafter Indefimtely, provided all condItIons of approval have been satisfied and no extraordinary demand for law enforcement services occur with respect to the subJect property In the event the apphcant has comphed with all condItIons of approval and no prevIous ViolatIon of said conditIons has occurred, the CommissIOn, In ItS dIscretion, may waive the second 6-month review penod and gl ant an Indefimte extension after the first 6-month revIew PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meetIng thereof held on the 21st day of December, 1994 by the following vote AYES CommissIOners Brown, Campbell, Dahlman, Law, Sharp NOES Commissioners ABSTAIN Commissioners 4~/d Anton Dahlman, Chan man Planmng Commission - / e Whittenberg, Secretary Planning CommISSion Page 5 1=\ \OJP\r<'9*& BCCI-.