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HomeMy WebLinkAboutPC Res 96-27 - 1996-05-22 - , RESOLUTION No 96-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING A SIX (6) 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 March 12, 1996, John Baker (''the Appbcant") filed an appbcatlon for a SIX (6) month extension of CUP 94-8 WIth the Department of Development Servtces Through CUP 94-8, the appltcant seeks approval for an alcohol- related land use at 327 Mam Street, Seal Beach SectIon 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the CIty'S Local CEQA Guldebnes, staffhas determtned as follows The appbcatlOn for Conditional Use Permit 94-8 IS categoncally exempt from review pursuant to the CabformaEnVlronmental Quabty Act pursuant to 14 Cabf Code of Regs ~ ]5303 (New Construction or ConversIOn of Small Structures), because It involves remodel ofa small commercial structure m an area zoned for commercIal uses, has an occupant load of30 or less, IS not being constructed m conjunction WIth four (4) or more such structures, and does not Involve 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 sigmficant effect on the envlromnent SectIon 3 A duly noticed pubhc heanng was held before the Planmng Commtsslon on May 22, 1996 to conSider the appltcatlon for an extensIon of ConditIOnal Use Permit 94-8 At the pubbc heanng the appbcant spoke m favor of the request With no one speaking m opposition Section 4 The record of the heanng of May 22, 1996 indicates the follOWing (a) On November 2, ] 994, John Baker filed an appbcatlon for CUP 94-8 WIth the Department of Development Servtces The apphcant requested to relocate an existing liquor store (Nlp-n-Stufl) from 322 Main Street to 327 Main 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 condlttons The CommIssIon granted the appbcant a SIX month extension on October 4, 1995 through the adoption of Resolution No 95-24 (c) The appbcant IS now seeking approval ofa SIX (6) month 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 of Main Street and PaCific Coast HIghway The appltcant has operated a bquor store at 322 Main Street for approximately 14 years The subject hquor store has been on operatIOn for approximately 34 years under various ownership As a preexistmg use, the hquor store had operated WIthout a CUP until 1993 when the CIty reqUired all uses requmng a use permit to obtain one Wlthtn 6 months of the adoptIon ofOrdmance 1348 The operator, and the apphcant in this request, John Baker apphed for and received CUP 92-22 m January of 1993 o 'My DOeUMEI'<TS'CONDmONAL USE PERMITS'948 RESOL1J110N. RENEWAL' 327 MAIN Doe Be Be Planmng CommISSIOn ResolutIOn No 96-27 May 22, 1996 (t) There are two (2) churches Wlthtn 500 feet of the proposed location, though the relocation WIll increase the separation by over 200 feet (g) The appltcant is proposmg to maintain the eXlstmg hours of operatton at 6 00 a m to 2 00 a m DaIly (h) The surroundmg land uses and zomng are as follows NORTH, SOUTH & EAST A mixture of commercial uses located along Mam Street m WEST A mixture of SIngle family and multi-family resldenttal uses (I) ChlefofPoltce Bdl Steams has reVIewed thiS request and has no concerns regardmg the relocation of the liquor store u) The City recetved no responses, wntten or other, m response to Its maded notice for the requested extensIon of CUP 94-8 SectIOn 5 Based upon the facts contamed m the record, mcludmg those stated in ~ 4 of this resolutIon, and pursuant to ~~ 24-1300, 1303,28-2503 and 28-2504 of the CIty's Code. the Planmng COmImsslon hereby finds as follows (a) Staff mspected the existmg location of the Itquor store on May 14, 1996, and found the store m compltance WIth all 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 "servtce commercial" deslgnatton for the subject property and permits the on-sale servtce of alcoholtc 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 poltcles 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 buddmg and property at 327 Mam Street are adequate m SIZe, shape, topography and locatton to meet the needs of the proposed use of the property ReqUIred adherence to appltcable bulldmg and fire codes ensure there Will be adequate water supply and utllttles for the proposed use (d) Nlp-n-Stuffhquor store has been m contmuous operatIon for approxImately 36 years With no history of extraordmary demands for police services or of nUIsance complamts from nelghbonng reSidents regardmg the sale of alcoholic beverages for off-premises consumption (e) The off-premises sale of beer, WIne and dIstIlled Spirits, as an ongomg use, If properly conditioned and enforced, IS compatIble WIth the character of the Mam Street area 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 reSidential properties SectIon 6 Based upon the foregomg, the Planmng Comlt1\sslon hereby approves Conditional Use Permit 94-8, subject to the followmg condItions 1 CUP # 94-8 IS approved to permit an alcohol related land use allowmg the sale of alcoholtc beverages for off-premises consumptIon Wlthtn a 1,000 square foot commercIal space located at 327 Main Street, Seal Beach Page 2 94-8 Resolubon - Renewal- 327 Mam Planmng CommISSIOn ResolutIon No 96-27 May 22, 1996 2 The appbcant shall comply WIth all restrictions placed upon the off-sale general hquor bcense issued by the State of California Department of Alcoholic Beverage Control 3 The appbcant shall furnish the CIty a copy of hiS current ABC hcense and a copy of the conditions placed on the Itcense by the Department of A1cohobc Beverage Control 4 The hours of operatIon shall be 6 00 A M to 2 00 A M daily 5 No debvenes shall be made from the alley at the rear 6 All adult matenals, as defined m Chapter 7 6 "Harmful Matter" of TItle 9 of the Penal Code (Sections 313 et seq ) or any successor statute, mcludmg but not bInlted to magazines and VIdeos, shall be partitioned from view of the general publtc in a specIally constructed area not accessible to minors Compbance With thts condItion is subject to the reVIew and approval of the DIrector of Development Servtces pnor to Issuance ofa Certificate of Occupancy 7 No VIdeo games or slInllar amusements shall be permitted on the premises 8 No SIgnS advertISing alcohohc beverages shall be placed In the WIndow areas, nor shall any other SIgnS advertlsmg specIfic brands of alcohobc beverages be permttted m the WIndow areas facing a pubbc street or right-of-way Intenor dIsplays ofalcohobc beverage SignS whtch are clearly VISible to the extenor shall constitute a Vlolatton of thiS condition 9 Extenor bghtlng m the parlong area shall be kept at a level so as to provide adequate bghtmg for patrons while not unreasonably dlsturbmg surroundmg reSidential or commercIal areas A lighting plan shall be proVided, subject to reVIew and approval by the Director of Development Servtces, whtch promotes mlmmal disturbance to nearby reSIdences lOIn the event staff determines that secunty problems eXist on the Site, the conditIOns ofthts permIt may be amended, under the procedures of the Seal Beach Mumclpal Code. to require the prOVISion of additIonal security measures 11 The establishment shall have a pubbc telephone bsting 12 It shall be the responslblbty of the appbcant/bcensee to proVIde all employees that sell or serve alcohobc beverages With the knowledge and slolls that wtll enable them to comply With theIr responslbtlitles under State law 13 The knowledge and slolls deemed necessary for responsible alcohobc beverage servIce shall include, but not be Illmted to the following tOpICS and slolls development a) State laws relating to alcohobc beverages, particularly ABC and penal prOVISions concermng sales to minors and intoXicated persons, dnVlng under the mfluence, hours oflegal operations and penalties for Violations of these laws b) The potentIal legal bab1lltles of owners and employees of bus messes dispenSing alcohobc beverages to patrons who may subsequently Injure, loll, or harm themselves or Innocent victims as a result of the excessIve consumption of alcohobc beverages c) Alcohol as a drug,and ItS effects on the body and behaVIor, mcludmg the operation of motor vehicles Page 3 94.8 Resolul1on - Renewal . 327 MaID Plannmg CommISSIOn ResolutIOn No 96-27 May 22, 1996 d) Methods for deahng with mtoxlcated customers and recogmzlng underage customers The folloWIng orgamzatlons have been Identified by the State Department of A1cohohc Beverage Control as provldmg training programs which comply With the above critena 1) Department of A1cohohc Beverage Control LEA D Program Telephone (714) 558-6482 2) Orange County AD E P T Program, for referral to either the BADD orTIPS Program Telephone (714) 568-4187 14 Litter and trash receptacles shall be located at convenIent locations inSide and outside the estabhshment, and the operator of the estabhshment shall remove trash and debris on an appropnate basiS so as not to cause a health problem There shall be no dumpmg of trash and/or glass bottles outsIde the estabhshment between the oursofl000PM and700AM 15 The sale of alcohohc beverages for consumptIOn on the preInlses shall be prohtblted and there shall be appropnate posting of signs both inSIde and outside the Itcensed premIses that dnnkmg of alcohohc beverages on the premises IS prohibIted by law The premises shall mclude the hcensed premises proper, appurtenant and required parkmg areas, and appurtenant common areas iflocated m a commercial center 16 A modIfication ofthts Conditional Use Permit shall be obtained when (a) The estabhshment proposes to change ItS type ofhquor hcense \ (b) The estabhshment proposes to modlty any of ItS current conditions of approval (c) There IS a substantial change In the mode or character of operattons of the estabhshment 17 The applicant shall prommently display these conditions of approval m a locatIon Wlthtn the bUSiness's customer area that is acceptable to the Director of Development Servtces 18 This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been SIgned by the apphcant m 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 19 All construction shall be In substantial comphance WIth the plans approved through Conditional Use Penmt 94-8 20 The Planmng COmImsSlon reserves the nght to revoke or modlty thiS ConditIOnal Use Permit 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 m the manner speCIfied In ArtIcle 25, of Chapter 28 of the Code of the Cltv of Seal Beach. ifharm or retatl related problems are demonstrated to occur as a result of cnmlnal or antisocial behavior, including but not hInlted to the congregatIOn of minors, VIolence, pubhc drunkenness, vandaliSm, sohcltatlon and/or htter 21 The term of this permit shall be for SIX (6) months, after which time the apphcant may apply to the CommiSSion for an Indefimte extensIOn, prOVIded all condItIons of Page 4 94-8 Resolul1on - Renewal - 327 MaID Planmng Conllms.l/on Re~olullOn No 96-27 May 22, 1996 approval have been satisfied and no extraordmary demand for law enforcement seMceS occur with respect to the subject property In the event the apphcant has complied WIth all conditions of approval and no prevIous vIolation of SllId conditions has occurred PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meeting thereof held on the 22nd day of May, 1996 by the folloWIng vote AYES ComInlssloners Brown, Dahlman, Law, Sharp NOES: CommissIoners ABSTAIN CommIssIoners D nan Brown, Chairman Planmng CommiSSIOn , e Whtttenberg, Secretary / . Planmng CommissIon Page 5 94-8 ResolutJon - Renewal- 327 MaID