Loading...
HomeMy WebLinkAboutPC Res 99-02A - 1999-03-17 t RESOLUTION NUMBER 99- 2.A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 96-1 FOR THE OFF-SITE SALE OF BEER, WINE AND 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 I On January 27, 1999, Pacific Food Services, Inc filed an application for a renewal of CUP 96-1 with the Department of Development Services. The applicant seeks an indefinite extension to the original approval for the sale of beer, wine and distilled spirits in conjunction with an existing supermarket located at 13960 Seal Beach Boulevard (Seal Beach Market) Section 2 Pursuant to 14 California Code of Regulations ~15025(a) and ~II(B) of the City's Local CEQA Guidelines, staff has determined as follows the application for CUP 96-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~5301 (Existing Uses), because it involves the extension ofan existing use; and pursuant to ~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. Section 3 A duly noticed public hearing was held before the Planning Commission on March 17, 1999 to consider the renewal application for CUP 96-1 No written evidence was submitted for or against the project. At the public hearing no one spoke in favor of the request and no one spoke in opposition. Section 4. The record of the hearing on March 17, 1999 indicates the following. (a) On January 27, 1999, Pacific Food Services, Inc filed an application for a renewal of CUP 96-1 with the Department of Development Services. (b) The applicant is requesting an indefinite extension for the off-site sale of beer, wine and distilled spirits in conjunction within an existing supermarket located at 13960 Seal Beach Boulevard (Seal Beach Market) (c) The Planning 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. In addition, CUP 96-1 was approved to allow the sale of distilled spirits in addition to the sale of beer and wine (d) The subject property is identified as Orange County Assessor's Parcel Number 095-641-45 (e) The subject supennarket contains approximately 21,000 square feet of retail space and is located within the Leisure World Shopping Center The center, a 736 acre mixture of commercial uses, is located approximately 210 feet northerly of the center of the intersection of Seal Beach Boulevard and Westminster Avenue (t) The shopping center has 750 feet of frontage on Seal Beach Boulevard (g) The surrounding land use and zoning are as follows. NORTH & SOUTH Mixed commercial uses located within the Leisure World Shopping Center in the Service Commercial (C-l) Zone. Planmng CommISSIon Resolutton No 99- March 17,1999 Page 20/4 EAST Residential uses located within the community of Leisure World in the Residential High Density Zone - Planned Unit Development (RHO (PD)). WEST Seal Beach Weapons Support Facility is located across Seal Beach Boulevard in the Public Land Use Zone (pLU). (h) pertaining to parking The subject property currently meets all requirements of the Code (i) regarding CUP 96-1 The City has received no responses, written or other, to its mailed notice Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution, and pursuant to ~~28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows. (a) Staff inspected the existing supermarket on February 18, 1999, and found it in compliance with all conditions of approval of CUP 93-3 and CUP 96-1. CUP 96-1 is consistent with the provisions of the Land Use Element ofthe City's General Plan, which provides a "service commercial" designation for the subj ect property and permits the off-site sale of alcoholic beverages subject to the issuance of a Conditional Use Permit The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element Accordingly, the proposed use is consistent with the General Plan. (b) The building and property at 13960 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the proposed use of the property Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (c) A supermarket has been in continuous operation on the subject property for approximately 30 years with no history of extraordinary demands for police services or of nuisance complaints from neighboring residents regarding the sale of alcoholic beverages for off- site consumption. (d) The off-site sale of beer, wine and distilled splnts, when properly conditioned and enforced is compatible with the character of the surrounding 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 neighboring residential properties. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 96-1, subject to the following conditions. I The renewal of Conditional Use Permit 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, wine and distilled spirits for off-site consumption. 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control 3. The applicant shall furnish the City a copy of the ABC license and any conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be completed as soon as the license is issued by the State of California Department of Alcoholic Beverage Control. Planning CommtSSlOn ResolutIOn No. 99- March 17,1999 Page 3 014 4. The hours of operation shall be' Daily 7'00 a.m to 1000 P m. 5. No video games or similar amusements shall be permitted on the premises. 6. No lighted 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. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 7. The applicant will prominently display these conditions of approval within the customer area in a location that is acceptable to the Director of Development Services. 8. A modification of this Conditional Use Permit shall be obtained when' a. the establishment proposes to change its type ofliquor 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 supermarket establishment 9 The Planning Commission reserves the right to revoke or modifY 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 in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach 10. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas 11 In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures 12. The establishment shall have a public telephone listing. 13 It shall be the responsibility of the applicantllicensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, 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, driving 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 alcoholic beverages c. alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles d. methods for dealing with intoxicated customers and recognizing underage customers Plallllt1lg CommISSIon Resollltlon No. 99- March 17,1999 Page 40f4 14. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria I) Department of Alcoholic Beverage Control L E.A D Program Telephone. (714) 558-6482 2) Orange County A.D.E.P.T. Program, for referral to either the B A.D D or T.l.P.S. Program. Telephone (714) 568-4187 15 Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and the operator of the establishment shall remove trash and debris on an appropriate 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 hours of 1000 pm and 7.00 a.m 16. The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that consumption of alcoholic beverages on the premises is prohibited The premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas of the commercial center. 17. The term of this permit shall be indefinite provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occur with respect to the subject property. 18 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 Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 171b day of March, 1999 by the following vote' AYES. Brown. Hood and Larson NOES: ABSTAIN: ABSENT: Cutul i and Lyon B . Brown, M D , Chairman Planning Commission d:..~de~ anning Commission