HomeMy WebLinkAboutPC Res 97-19 - 1997-09-03
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RESOLUTION No. 97-19
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH, DENYING AN
INDEFINITE EXTENSION FOR CONDmONAL USE
PERMIT 96-1 AT 13960 SEAL BEACH BOULEVARD, SEAL
BEACH [SEAL BEACH MARKET]
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE:
Section 1.
Section 2.
Section 3.
Section 4.
On June 23, 1997, Amir Reza, representing the Seal Beach
Market and Pacific Food Services submitted an application for an
indefinite extension of Conditional Use Permit (CUP) 96-1 to the
Department of Development Services. The application included a
request to expand the terms of CUP 96-1 to permit the sale of
distilled spirits at a location previously licensed only to sell beer
and wine.
Pursuant to 14 California Code of Regulations, Section 15025(a)
and Section H.B of the City's Local CEQA Guidelines, staff has
determined as follows: CUP 96-1 is categorically exempt from
review, pursuant to the California Environmental Quality Act
pursuant to 14 Calif. Code of Regs. Section 15301 (Existing
Uses), because it involves the negligible expansion of an existing
use, and pursuant to Section 15061(b)(3), because it can be seen
with certainty that there is no possibility that the approval may
have a significant effect on the environment.
A duly Noticed Public Hearing was held before the Planning
Commission on July 9, 1997, to consider the application for
indefinite extension of CUP 96-1.
The record of the Public Hearing on July 9, 1997 indicates the
following:
The Seal Beach Market has not secured a Department of
Alcoholic Beverage Control (ABC) Type 21 (Off-Sale General)
license to sell distilled spirits at the Seal Beach Market. As a
result,
1. The Seal Beach Market is not and has not been selling
distilled spirits.
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Section 5.
City of Seal Beach Planning ComnuSSIOO Resolution No. 97-19
Re: Deny Indefinite Extensioo of CUP 96-1
2. The Seal Beach Market has been selling beer and wine with
no problems or complaints.
3. The subject property is located at 13960 Seal Beach
Boulevard, Seal Beach, CA. The site is zoned Service
Commercial (C-l).
4. The subject property contains approximately 21,000 square
feet of retail space and is located within 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 intersection of Seal Beach Boulevard and
Westminster Avenue. The Center has 750 feet of frontage on
Seal Beach Boulevard.
5. The surrounding land uses are:
NORTH & SOUTH
A mixture of commercial
uses located within the
Leisure World Shopping
Center in the Service
Commercial (C-I) zone.
EAST
Residential uses located
within the Community of
Leisure World in the
Residential High-Density
zone Planned Unit
Development.
WEST
The Naval Weapons Station
Seal Beach is located across
Seal Beach Boulevard in the
Public Land Use zone.
6. There was no public testimony or written testimony for or
against this proposal.
Based on the facts contained in the record, including those stated
in Section 4 of this resolution, and pursuant to Code Sections 28-
2503 and 28-2504, the Planning Commission hereby finds:
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City of Seal Beach Planmng Commission Resolul1on No. 97-19
Re: Deny indefinIte Extension of CUP 96-1
..
1. The Seal Beach Market does not have a State Department of
Alcoholic Beverage Control (ABC) #21 license for off-sale
general liquor .
2. The Seal Beach Market has not sold distilled spirits to date.
Therefore, the Planning Commission has not had the
opportunity to determine whether the sales of distilled spirits
at that location would be compatible with the surrounding
neighborhood.
3. The application cannot be indefinitely extended because there
has been no activity or probationary period.
Section 6.
Based on the foregoing, the indefinite extension of Conditional
Use Permit 96-1 is denied without prejudice.
Upon receipt of a notice from the Department of Alcoholic
Beverage Control that the applicant has been issued a Type 21
(Off-Sale General) ABC license. The applicant may re-apply to
the City for a CUP at such time. The applicant may appeal to the
City Council to waive City application fees.
Section 7.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof, held on the M day of September 1997, by the
following vote:
AYES: BROu.:lN, Yos"l1 L.AW" Hggd
NOES: -
ABSTAIN: L.AARo~
ABSENT: -
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Chairman
Planning Commission
tIl~It~~
H. ittenberg
Secretary
Planning Commission
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