HomeMy WebLinkAboutPC Res 96-40 - 1996-12-18
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RESOLUTION No 96-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING INDEFINITE
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 HEREB Y FIND
AND RESOLVE
Section 1 On December 5, 1996, John Baker ("the Apphcant") filed an
application for an mdefimte 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 Calif Code of Regs ~ ]5025(a) and ~ II B of the
City's Local CEQA Guldehnes, staff has determmed as follows The apphcatlon for Conditional
Use Perrmt 94-8 IS categoncally exempt from review pursuant to the Callforma EnVironmental
Quahty Act pursuant to 14 Calif Code of Regs ~ 15303 (New ConstructIon or Conversion of
Small Structures), because It mvolves remodel of a small commercial structure m an area zoned
for commercial uses, has an occupant load of30 or less, IS not bemg constructed m conjunctIOn
WIth four (4) or more such structures, and does not mvolve the use ofslgmficant amounts of
hazardous waste, and, pursuant to ~ 15061(b)(3), because It can be seen With certamty that there
IS no posslblhty that the approval may have a slgrnficant effect on the enVIronment
Section 3 A duly noticed pubhc hearmg was held before the Planmng
Commission on December 18, 1996 to conSider the apphcatlon for an extension of Conditional
Use Permit 94-8 At the pubhc heanng the apphcant spoke m favor of the request With no one
speakmg m opposition
Section 4
The record of the heanng of December ]8, 1996 mdlcates the
follOWing
(a) On November 2, 1994, John Baker filed an apphcatlOn for CUP 94-
8 WIth the Department of Development Servtces The apphcant requested to relocate an eXlstmg
hquor store (Nlp-n-Stufl) from 322 Mam Street to 327 Mam Street, Seal Beach
(b) On December 21, 1994 the Planmng Commission approved CUP
94-8 through the adoptIon of ResolutIOn No 94-46 subject to 21 conditIOns The CommiSSion
granted the apphcant a SIX month extensIOn on October 4, ] 995 through the adoption of
Resolution No 95-24
(c) The apphcant IS now seekmg approval of an mdefimte extension of
CUP 94-8 as permitted through condition #21
(d) The subject property IS Identified as Orange County Assessor's
Parcel Number 043-112-35
(e) The subject property IS located on the west Side ofMam Street
approxImately 225 feet southerly of the mtersectlOn ofMam Street and PaCific Coast Htghway
The apphcant has operated a hquor store at 322 Mam Street for approximately 14 years The
subject hquor store has been on operation for apprOlumately 34 years under vanous ownership
As a preeXlstmg use, the hquor store had operated WIthout a CUP until 1993 when the City
reqUired all uses reqUlnng a use perrmt to obtam one Wlthtn 6 months of the adoptIOn of
Ordmance 1348 The operator, and the apphcant m thiS request, John Baker apphed for and
received CUP 92-22 m January of 1993
C 'MY DoeUMENTS'CONDmONAL USE PERMrrs'\948 RESOLU110N (12-96) Doe Be Be
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Planmng CommISSIOn ResolutIOn No 96-40
December J 8, 1996
(f) There are two (2) churches withm 500 feet of the proposed
locatiOn, though the relocation WIll Increase the separation by over 200 feet
(g) The apphcant IS proposing to maintain the eXIsting hours of
operation at 6 00 a m to 2 00 a m Dady
(h) The surrounding land uses and zomng are as follows
NORTH,
SOUTH & EAST
A Intxture of commercIal uses located along Mam Street In the Main Street
Specific Plan zone, (MSSP)
WEST
A mtXture of single fanuly and multl-famdy reSIdentIal uses
located In the ReSidential HIgh DenSity zone, (RHO)
(I) Chief ofPohce Bill Stearns has reVIewed this request and has no
concerns regarding the relocatIOn of the hquor store
u) The City received no responses, written or other, In response to ItS
maded notice for the requested extension of CUP 94-8
Section 5 Based upon the facts contamed m the record, including those stated In
~ 4 ofthts resolution, and pursuant to ~~ 28-1250, 28-1251, 28-2503 and 28-2504 of the City's
Code. the Planmng Commission hereby finds as follows
(a) Staff Inspected the eXIsting location of the hquor store on
December 10, 1996, and found the store In comphance With all conditions of approval
(b) CUP No 94-8 IS consistent WIth the proVISions ofthe Land Use
Element of the City's General Plan, which prOVIdes a "servtce commercial" deSignatIOn for the
subject property and penmts the on-sale servtce of alcohohc beverages subject to the Issuance of a
ConditIOnal Use Penmt The use IS also conSIstent WIth the remalmng elements of the City's
General Plan as the pohcles of those elements are consIstent With, and reflected m, the Land Use
Element Accordingly, the proposed use IS consIstent With the General Plan
(c) The bUlldmg and property at 327 Main Street are adequate In Size,
shape, topography and location to meet the needs of the proposed use of the property ReqUired
adherence to apphcable budding and fire codes ensure there Will be adequate water supply and
utlhtles for the proposed use
(d) Nlp-n-Stuffhquor store has been In continuous operation for
approXImately 36 years WIth no htstory of extraordinary demands for pohce servtces or of
nUisance complaints from nelghbonng reSidents regarding the sale of alcohohc beverages for off-
premises consumption
(e) The off-premises sale of beer, wine and distilled Spirits, as an
ongoing use, 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 A1cohohc Beverage Control should mitigate any negative Impacts to
nelghbonng reSidential properties
SectIon 6 Based upon the foregOing, the Planmng CormmsslOn 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 allOWing 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 hquor
Itcense issued by the State of California Department of Alcoholic Beverage Control
Page 2
94-8 Resolution (12-%)
Planning CommiSSIOn ResolutIOn No 96-./0
December 18, 1996
3 The applicant shall furmsh 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 AM datly
5 No delivenes shall be made from 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 successor statute, mcludlng but not limited to
magazines and Videos, shall be partitioned from vIew of the general public m a specially
constructed area not acceSSible to mmors Compliance WIth thts conditIOn IS subject to the
reVIew and approval of the Director of Development Services pnor to Issuance of a
Certificate of Occupancy
7 No VIdeo games or slmtlar amusements shall be permitted on the premises
8 No 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 nght-of-way Intenor displays of alcohohc beverage signs
whtch are clearly VISible to the extenor shall constttute a Violation ofthts condition
9 Extenor Itghtlng In the parkmg area shall be kept at a level so as to proVIde adequate
hghtlng 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 mlmmal disturbance to nearby
reSidences
10 In the event staff determtnes that secunty problems eXist on the Site, the conditions of thiS
permit may be amended, under the procedures of the Seal Beach MumcIDal Code. to
require the proVIsIOn of additional secunty measures
11 The establishment shall have a public telephone listmg
12 It shall be the responslblhty of the apphcantllicensee to proVIde all employees that sell or
serve alcoholic beverages With the knowledge and skills that wtll enable them to comply
With their responsibilities under State law
13 The knowledge and skills deemed necessary for responsible alcohohc beverage service
shall Include, but not be limited to the follOWIng tOpiCS and sktlls development
a) State laws relating to alcoholic beverages, particularly ABC and penal proVIsIOns
concerning sales to minors and intoXIcated persons, dnVlng 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 alcohohc beverages
c) Alcohol as a drug and ItS effects on the body and behaVIOr, including the operation of
motor vehicles
d) Methods for deahng With mtoxlcated customers and recogmzlng underage customers
The follOWing organIZations have been Identified by the State Department of Alcoholic
Beverage Control as prOVIding training programs whtch comply With the above
criteria
Pdge 3
94-8 Resoluuon (12-96)
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Plannmg COmlllll>SlOn ResolutIOn No 96-40
December 18. 1996
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 TIP S Program
Telephone (714) 568-4187
14 Litter and trash receptacles shall be located at convement 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 estabhshment between the ours of 10 00 P M and 7 00
AM
15 The sale of alcoholic beverages for consumption on the premises shall be prohibited and
there shall be appropnate posting of signs both inSide and outSide the licensed premises
that dnnking of alcohohc beverages on the premises IS prohibited by law The premises
shall Include the hcensed prermses proper, appurtenant and reqUired parking areas, and
appurtenant common areas Iflocated In a commercial center
16 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 of ItS current conditions of approval
(c) There IS a substantial change In the mode or character of operations of the
establishment
17 The apphcant shall prominently display these conditions of approval In a location WIthin
the bUSiness's customer area that IS acceptable to the Director of Development Servtces
18 Thts Conditional Use Penmt 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 Servtces, or notanzed and returned to the Planmng Department,
and until the ten (10) day appeal penod has elapsed
19 All construction shall be In substantial compliance WIth the plans approved through
CondItional Use Permit 94-8
20 The Planmng COmImsslon reserves the nght to revoke or modify thiS ConditIOnal Use
PerInlt 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. Ifharm or
retail related problems are demonstrated to occur as a result of cnrmnal or antisoCial
behaVior, including but not IIrmted to the congregation of minors, Violence, pubhc
drunkenness, vandalism, solicitation and/or litter
PASSED, APPROVED AND ADOPTED by the Planmng CommiSSion of the CIty of Seal Beach
at a meeting thereof held on the18th day of December, 1996 by the follOWing vote
AYES ComrmsslOners
Brown, Hood, Law, Sharp, Yost
NOES Comrmssloners
ABSTAIN CommiSSioners
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94-8 Resolu\Jon (12-96)
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94-8 Resolution (12-96)
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Planmng Comm,sMon ResolutIOn No 96-40
December 18, 1996
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Bn Brown, M D ,
Planmng CommiSSIOn