HomeMy WebLinkAboutPC Res 95-24 - 1995-10-04
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RESOLUTION NUMBER 95-24
A RESOLUTION OF THE PLANNING COMl'vlISSION OF THE
CITY OF SEAL BEACH APPROVING A THREE-MONTH
EXTENSION OF CONDITIONAL 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 1 On September 12, 1995, John Baker ('"the Apphcant") filed an
applIcation for a three-month extension of CUP 94-8 with the Department of Development
Servtces Through CUP 94-8, the apphcant seeks approval for an alcohol-related land use at 327
Mam Street, Seal Beach
Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ 11 B of the
C]ty's Local CEQA Gu]delInes, statfhas deternuned as follows The applIcation for Cond]tlOnal
Use Pennit 94-8 ]S categorically exempt from reVlew pursuant to the CalIfonua EnVlronmental
Qual]ty Act pursuant to 14 CalIf Code of Regs ~ 15303 (New Construction or Conversion of
Small Structures), because ]t involves remodel of a small commercial structure 10 an area zoned
for commerClal uses, has an occupant load of30 or less, IS not being constructed 10 conjUnction
with four (4) or more such structures. and does not mvolve the use ofs]gmficant amounts of
hazardous waste, and, pursuant to ~ 15061(b)(3), because It can be seen with certamty that there
IS no pOSSibilIty that the approval may have a s]gmficant effect on the environment
Section 3 A duly noticed public heanng was held before the Planmng
Comnussion on October 4, 1995 to consider the applIcation for an extenslOn of Cond]tlOnal Use
Pennlt 94-8 At the publIc heanng the apphcant spoke 10 favor of the request and no one spoke 10
opposition
Section 4
The record of the heanng of October 4, 1995 mdlcates the
fbllowmg
(a) On November 2. 1994. John Baker filed an apphcat]on for CUP
94-8 with the Department of Development Servtces The apphcant requested to relocate an
eXlstmg liquor store (N]p-n-Stuft) from 322 MalO Street to 327 MalO Street
(b) On December 21, 1994 the Planmng Commlss]on approved CUP
94-8 through the adoption ofResolutlOn 94-46 subject to 21 cond]tlons
(c) The apphcant IS now seeking approval ofa three-month extension
of CUP 94-8 as penmtted through condition 21 Should thIS extenslOn be approved the applIcant
next will be reqUIred to apply for a six-month extensIon. then a second six-month extensIon. then
finally an mdefinite extension
(d) The subject property IS ]dentlfied as Orange County Assessor's
Parcel Number 043-112-35
(e) The subject property IS located on the west side of MalO Street
approXImately 225 feet southerly of the mtersectlon of MalO Street and PaCific Coast Highway
The subject hquor store had been m operation at 322 MalO Street for approximately 34 years As
a preex]stmg use, the hquor store had operated Without a CUP untd 1993 when the City reqUIred
all uses reqUlnng a use permIt to obtam one wlthm 6 months of the adoption ofOrdmance 1348
The operator, and the applIcant In thiS request, John Baker applIed for and received CUP 92-2210
January of 1993
(t) There are two (2) churches wlthm 500 feet of the proposed
location, though the relocatIOn mcreased the separation by over 200 feet
D '- '-CONDIT'fONAL USE P&AMI"I'II'-R948B Be Be
Planmng COmnJlSMOn Resolution No 95-24
October 4, 1995
(g) The applIcant IS propOSing to maIntam the eXisting hours of
operation at.
6 00 a m to 2 00 a m Dw.ly
(h) The surroundmg land uses and zomng are as follows
NORTH"
SOUTH & EAST
A rmxture of commercial uses located along Main Street m
the SeIVlce Commercial zone. (C-I)
WEST
A mixture of smgle famdy and multlfarmly residential uses
located In the Residential Hlgh Density zone. (RHO)
(I) Chief of PolIce BIll Stearns has reVIewed thiS request and has no
concerns regarding the requested extension
(J) The City received no responses, wntten or oral, to Its mailed notice
for the requested extension of CUP 94-8
Section 5 Based upon the facts contained In the record, including those
stated ill ~ 4 oftJus resolution. and pursuant to ~~ 24-1300, 1303.28-2503 and 28-2504 of the
Clty'S Code. the Planmng Commission hereby finds as follows
(a) Staffmspected the liquor store on September 25. 1995. and found
the store m compliance Wlth all conditions of approval
(b) CUP No 94-8 IS consistent Wlth the provIsions of the Land Use
Element of the Clty'S General Plan, which provides a "seIVlce commercial" deSignatIOn for the
subject property and permits the on-sale seIVlce of alcohohc beverages subject to the Issuance of a
Conditional Use Permit The use IS also consistent With the remamIng elements of the City'S
General Plan as the poliCies of those elements are consistent With. and reflected In. the Land Use
Element Accordmgly. the proposed use IS consistent With the General Plan
(c) The buddmg and property at 327 Mam Street are adequate 10 Size.
shape. topography and locatIOn to meet the needs of the proposed use of the property
ReqUired adherence to applicable bUildmg and fire codes ensure there wdl be adequate water
supply and utilities for the proposed use
(d) Nlp-n-Stuffhquor store has been In contmuous operation for
approximately 34 years Wlth no history of extraordmary demands for police selVlces or of
nuisance complw.nts from nelghbonng reSidents regard 109 the sale ofalcohohc beverages for
off-prermses consumption
(e) The off-premises sale of beer. wme and dlstdled SpInts. If properly
conditioned and enforced. IS compatible With the character of the MaIO 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 nelghbonng reSidential
properties
Section 6 Based upon the foregomg. the Planning Commission hereby
approves Conditional Use Permit 94-8. subject to the follOWing conditions
1
CUP # 94-8 IS approved to permit an alcohol related land use alloWlng the sale of
alcoholIc beverages for off-premises consumptIOn Wlthm a 1.000 square foot
commercial space located at 327 MaIO Street. Seal Beach
2
The applIcant shall comply With all restnctlOns placed upon the off-sale general liquor
lIcense Issued by the State of Cahfomla Department of Alcohohc Beverage Control
Page 2
D"- "CCJNDl"l"lONALUSE~_._'R94-8a acBe
Planmng CommlSMon Re!>olut,on No 95-24
October 4, 1995
3 The appbcant shall furmsh the City a copy of hIs current ABC hcense and a copy of
the condItIons placed on the hcense by the Department of A1cohohc Beverage Control
4 The hours of operation shall be 6 00 A M to 2 00 A M dady
5 No delivenes shall be made from the alley at the rear
6 All adult matenals, as defined In Chapter 76 "Harmful Matter" of TItle 9 of the Penal
Code (Sections 313 et seq ) or any successor statute, mcludmg but not bnuted to
magazines and VIdeos, shall be partitioned from view of the general pubhc In a
specially constructed area not accessible to mmors
7 No video games or slmdar amusements shall be permItted on the premIses
8 No signs advertlsmg alcohobc beverages shall be placed 10 the wmdow areas, nor shall
any other signs advertlsmg specific brands of alcohohc beverages be permitted an the
window areas facang a pubbc street or nght-of-way Intenor displays of alcohohc
beverage signs whIch are clearly VISIble to the extenor shall constitute a VIolation of
tms conditIon
9 Extenor hghtmg 10 the parkmg area shall be kept at a level so as to prOVIde adequate
hghting for patrons whde not unreasonably dlsturbmg surroundang reSidential or
commercIal areas A hghtang plan shall be prOVIded, subject to review and approval by
the Director of Development Servtces, which promotes mlmmal dIsturbance to nearby
reSidences
10 In the event staffdetermmes that secunty problems eXIst on the SIte, the condItions of
this penrut may be amended, under the procedures of the Seal Beach Mumcipal Code.
to require the prOVISion of addItional secunty measures
11 The estabbshment shall have a pubhc telephone hstmg
12 It shall be the responslbdlty of the appllcant/hcensee to prOVIde all employees that sell
or serve alcohohc beverages WIth the knowledge and skills that will enable them to
comply WIth their responslbdltles under State law
13 The knowledge and skdls deemed necessary for responsIble alcohohc beverage servtce
shall mclude, hut not be hmlted to the fol1owang tOpiCS and skills development
a) State laws relatmg to alcohohc beverages, partIcularly ABC and penal
prOVISIons concermng sales to mmors and mtoxlcated persons, dnvmg
under the mfluence, hours oflegal operatIons and penaltIes for VIolatIOns of
these laws
b) The potentIal legal Iiablhtles of owners and employees of bus messes
dlspensmg alcohohc beverages to patrons who may subsequently mJure,
kill, or harm themselves or mnocent VIctims as a result of the excessive
consumptIon of alcohohc beverages
c) Alcohol as a drug and ItS effects on the body and behaVIOr, mcludmg the
operation of motor vehicles
d) Methods for deahng With mtoxlcated customers and recogmzmg underage
customers
14
The followmg orgamzations have been IdentIfied by the State Department of A1cohohc
Beverage Control as provldang trammg programs whIch comply WIth the above
cnteria
1) Department of A1cohohc Beverage Control LEA D Program
Telephone (714) 558-6482
Page 3
0'- 'CONDI11ONItL USE r-.,.-r'''''R948B BC Be
Planmng ComnuMlOn Resolution No 95-24
October 4, 1995
2) Orange County AD E P T Program. for referral to either the BAD D or
T J P S Program
Telephone (714) 568-4187
15 Liller and trash receptacles shall be located at converuent locations InSide and outside
the establishment, and the operator of the establishment shall remove trash and debns
on an appropnate 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
16 The sale of alcoholic beverages for consumption on the prenuses shall be prohibited
and there shall be appropnate postIng of SignS both mSlde and outSide the bcensed
premises that dnnkmg of alcoholIc beverages on the premIses is prohibIted by law The
prenuses shall mclude the lIcensed premises proper, appurtenant and reqUIred parkIng
areas, and appurtenant common areas if located m a commercial center
17 A modification of this Conditional Use PermIt shall be obtamed when
(a) The establIshment proposes to change ItS type of liquor lIcense
(b) The estabhshment proposes to modIfY any of Its current condItIons of
approval
(c) There IS a substantial change m the mode or character of operations of the
establishment
18 The applIcant shall prominently display these conditions of approval m a locatIon
within the bUSIness's customer area that IS acceptable to the Director of Development
Services
19 Tlus ConditIonal Use Permit shall not become effective for any purpose unless an
UAcceptance of Conditions" form has been SIgned by the apphcant m the presence of
the DIrector of Development Services, or notanzed and returned to the Planmng
Department, and until the ten (10) day appeal penod has elapsed
20 The Planning CommiSSIon reserves the right to revoke or modIfY thIS CondItIonal Use
Penmt 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 m Article 25, of Chapter 28 of the Code of the City of Seal Beach. If
harm or retail related problems are demonstrated to occur as a result of cnmmal or
antisocial behaVIor, IncludIng but not limIted to the congregatIOn of mInors, VIolence,
pubhc drunkenness, vandahsm, sohcltatlon and/or hUer
21 The term of thiS permit shall be for SIX. (6) months, followed by a second SIX. (6) month
extensIon, 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
Page 4
D' ,~u_ PERM.~'R948B Be Be
Plannmg ComnusslOn ResolutIon No 95-24
October 4, 1995
PASSED, APPROVED AND ADOPTED by the Planmng CommISSion of the City of Seal Beach
at a meetmg thereof held on the 4th day of October, 1995 by the foJJowmg vote
AYES Corrmms~onen
Brown. CampbeJJ, Dahlman, Law, Sharp
NOES Conumssioners
ABSENT Commissioners
'-IJo;tJt,,,,'a}(! ~~~
Patncla E Campbel( Chmrper on
Planmng ComrmSSlon
Page 5
D.... ....CON>lT1ONAL USE _....R94eB Be Be