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HomeMy WebLinkAboutPC Res 96-30 - 1996-07-17 . ' -, RESOLUTION NUMBER 96-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 96-1, ALLOWING AN UPGRADE OF A PERMIT FOR AN ALCOHOL-RELATED LAND USE FROM BEER AND WINE TO GENERAL LIQUOR IN CONJUNCTION WITH AN EXISTING SUPERMARKET LOCATED AT 13960 SEAL BEACH BOULEVARD (SEAL BEACH MARKET) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 On June 6, 1996, Pacific Food Servtces, Inc filed an apphcatlon for CUP 96-1 With the Department of Development Services The apphcant seeks to allow the sale of beer, wine and distilled spmts In conjunctIOn with an eXisting grocery market located at 13969 Seal Beach Boulevard (Seal Beach Market) ThIS request IS for an upgrade from the currently permitted sale of beer and wine only Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II B of the CIty'S Local CEQA GUldehnes, staff has determined as follows The apphcatlon for CUP No 96- I IS categoncally exempt from reVIew pursuant to the Cahforma EnVironmental Quahty Act pursuant to 14 Calif Code of Regs 915301 (Existing Uses), because It Involves the neghglble expansIOn of an eXisting use, 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 pubhc heanng was held before the Planmng CommiSSIon on July 17, 1996 to conSider the apphcatlon for CUP No 96-1 No wntten eVidence was subnutted for or agamst the project At the pubhc heanng no one spoke m favor of the request and no one spoke m OppOSition Section 4 The record of the heanng on July 17, 1996 mdlcates the follOWing (a) June 6,1996, PaCific Food Services, Inc filed an apphcatlOn for CUP 96-1 WIth the Department of Development Services (b) The apphcant IS requesting to upgrade an eXlstmg land use entitlement for an alcohol-related land use to allow the sale of beer, wine and distilled spmts at an eXlstmg grocery market located at 13969 Seal Beach Boulevard (Seal Beach Market) (c) The Planmng CommISSion approved CUP 93-3 on March 3, 1993 through the adoption of ResolutIOn 93-13 and amended the conditions to allow longer hours of operatIOn through CUP 93-12 (d) The subject property IS Identified as Orange County Assessor's Parcel Number 095-641-45 (e) The subject market. contams approximately 21.000 square feet of retail space and IS located wlthm 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 mtersectlon of Seal Beach Boulevard and Westmmster Avenue (f) The shopping center has 750 feet offrontage on Seal Beach Boulevard (g) The surrounding land use and zomng are as follows NORTH & SOUTH MIxed commercial uses located WIthin the Leisure World Shoppmg Center m the Service CommercIal (C-I) Zone EAST ReSidential uses located Within the commumty of Leisure World m the ReSIdential C \My Documents\Cond~lonal Use Permlls\96-1 - Resolution doc Planmnl!. ('ornnl/won ResolutIOn No 96-30 July /7, /996 Htgh Density zone - Planned Umt Development, (RHO (PD)) WEST The Naval Weapons StatIon Seal Beach IS located across Seal Beach Boulevard m the Publtc Land Use zone, (pLU) (h) The subject property currently meets all requirements of the Code pertmmng to parkmg (I) Chief of Poltce Bill Stearns has reviewed thIS request and has no concerns regardmg the grantmg of this request u) The City has received no responses, wntten or other, to ItS mmled notice regardmg CUP 96-1 SectIon 5 Based upon the facts contamed m the record, mcludmg those stated m ~ 4 of this resolution, and pursuant to ~~ 28-2503 and 28-2504 of the CIty's Code, the Planmng Comrmsslon hereby finds as follows (a) Staffmspected the subject property on July 2, 1996, and found that the supermarket meets all requirements of the Code, as well as all condItIOns of CUP's 93-3 and 93- 12 (b) CUP 96-1 IS consIstent With the prOVISions of the Land Use Element of the CIty's General Plan, whtch provides a "servtce commercial" deSIgnation for the subject property and permits Alcohol Related Land Uses subject to the Issuance ofa Conditional Use PermIt The use IS also consistent With the remammg elements of the City's General Plan as the poliCies of those elements are consIstent With, and reflected m, the Land Use Element Accordmgly, the proposed use IS consIstent WIth the General Plan (c) The buildmg and property at 13960 Seal Beach Boulevard are adequate m SIze, shape, topography and locatIon to meet the needs of the proposed use of the property (d) ReqUired adherence to applicable bUlldmg and fire codes ensure there Will be adequate water supply and utlhtles for the proposed use (e) A market has been m contmuous operatIon on the subject property for approximately 30 years WIth no history of extraordmary demands for poltce services or of nUisance complamts from nelghbormg resIdents regardmg the sale of alcoholic beverages for off- premises consumption (t) The market IS not located m a hIgh cnme area nor IS It located m an over- concentrated census tract (g) The sale of beer and wme for off-premises consumptIOn dunng the requested hours IS compatible With the character of the surroundmg neIghborhood Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholtc Beverage Control should mItigate any negative Impacts to nelghbonng resldenttal properties (h) The Seal Beach Police Department has revIewed the eXlstmg records of the market and has no reservations regardmg the requested hcense SectIon 6 Based upon the foregomg, the Planmng Commission hereby approves CondItIOnal Use PermIt 96-1, subject to the followmg conditions I CUP # 96-1 IS approved for an alcohol related land use at 13960 Seal Beach (Seal Beach Market) The permitted use allows the sale of beer, wme and dIstilled spmts for off- premises consumption 2 The appltcant shall comply with all restrictions placed upon the license Issued by the State of Callforma Department of Alcoholic Beverage Control 96-1 - ResolutKln BCC be Page 2 .. .' Planmng ('ommls<lOn ResolutIOn No 96-30 July 17, 1996 3 The apphcant shall furnish the CIty a copy of his ABC license and a copy of any conditions placed on the license by the Department of Alcohohc Beverage Control This shall be done as soon as the hcense IS received by the apphcant from the State of Call forma Department of Alcoholic Beverage Control 4 The hours of operation shall be Datly 700am tolOOOpm 5 No video games or SImilar amusements shall be permitted on the premIses 6 No 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 Interior displays of alcohohc beverages whIch are clearly VISIble to the extenor shall constitute a vlolatton of thiS condition 7 The apphcant wtll prominently dIsplay these conditions of approval In a location Within the bUSiness's customer area that IS acceptable to the Director of Development ServIces 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 Servtces, or notanzed and returned to the Planmng Department, and unttl the ten (10) day appeal penod has elapsed 9 A modification of this CondItional Use PermIt shall be obtamed when (a) The estabhshment proposes to change ItS type ofhquor hcense (b) The estabhshment 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 estabhshment 10 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 m Article 25, of Chapter 28 of the Code of the CltV of Seal Beach II Extenor hghtmg In the parking area shall be kept at a level so as to proVide adequate hghtlng for patrons while not unreasonably disturbing surrounding reSidential or commerCial areas 12 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 MuntclDal Code. to reqUire the proVISion of additional secunty measures 13 The estabhshment shall have a public telephone hstlng 14 It shall be the responslblhty of the applicant/licensee to prOVide all employees that sell or serve alcoholic beverages With the knowledge and skIlls that WIll enable them to comply With their responslbtlltles under State law The knowledge and skills deemed necessary for responsible alcohohc beverage servtce shall mclude, 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, 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 96-1 - ResoIulIllfl BCC be Page 3 " ~ .., .. Planmng l'OnlnlMI/On RelolullOn No 96-30 Julv 17, 1996 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 intoxicated customers and recogmzlng underage customers 15 The folloWIng orgamzatlOns have been Identified by the State Department of Alcohohc Beverage Control as proVldmg tralmng programs whIch comply wIth the above cntena 1) Department of A1cohohc 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 16 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 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 17 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 of alcohohc beverages on the premises IS prohIbIted by law The premises shall mclude the hcensed premises proper, appurtenant and reqUIred parking areas, and appurtenant common areas Iflocated In a commerCIal center 18 The term of this permIt shall be for twelve (12) months, after whIch time the apphcant may apply to the CommISSion for an Indefimte extenSIOn, proVided all condItions of approval have been satisfied and no extraordinary demand for law enforcement servIces occur WIth respect to the subject property PASSED, APPROVED AND ADOPTED by the Planmng CommISSIOn of the City of Seal Beach at a meeting thereof held on the 17th day of July, 1996 by the follOWing vote AYES Commissioners Brown, Dahlman, Hood, Law NOES CommISSioners Sharp ABST A1N CommISSioners B~thtl: Planmng CommISSIOn ee WhIttenberg, Secretary Planmng CommiSSIOn 96-1 - Resolution Bee be Page 4