HomeMy WebLinkAboutPC Res 09-30 - 2009-08-19
RESOLUTION NUMBER 09-30
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH DENYING VARIANCE 09-4 TO ADD
A TYPE 20 ABC LICENSE (OFF-SALE BEER AND WINE) TO
AN EXISTING CONVENIENCE STORE AT 4000 LAMPSON
AVENUE, SEAL BEACH (CHEVRON STATION).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On June 19, 2009, Bhupinder S. Mac submitted an application to
the City of Seal Beach Department of Development Services for Variance 09-4.
Section 2. The requested variance is to add a Type 20 ABC license (Off-sale
Beer and Wine) to an existing convenience store at 4000 Lampson Avenue.
Section 3. Pursuant to 14 California Code of Regulations 915305 and SII(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for
Variance 09-4 to add a Type 20 ABC license (Off-sale Beer and Wine) is categorically exempt
from review pursuant to the California Environmental Quality Act pursuant to 14 California
Code of Regulations 915301 (Minor Alterations in Land Use Limitations), because the proposal
involves a negligible expansion of an existing use; pursuant to 915305 (Minor Alterations in
Land Use Limitations), because the proposal involves a minor alteration in land use limitation
and does not involve either a property in excess of 20% slope or a change in land use or density.
Section 4. A duly noticed public hearing was held before the Planning
Commission on July 22, 2009, to consider the application for Variance 09-4. At the Public
Hearing, the Planning Commission received and considered all evidence presented, both written
and oral, regarding the subject application.
Section 5.
The record of the hearing of July 22,2009, indicates the following:
a. On June 19, 2009, Bhupinder S. Mac submitted an
application to the City of Seal Beach Depmiment of Development Services for Variance 09-4.
b. The requested variance is to add a Type 20 ABC license
(Off-sale Beer and Wine) to an existing convenience store.
c. The subject property is located at 4000 Lampson Avenue
and is bounded by Lampson Avenue to the north and Basswood Street to the west.
d. The subject property is approximately 21,112 square feet in
SIze.
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e. The Code requires that a Service Station be at least 1000
feet from a park and at least 100 feet from a residential area for alcohol sales to occur.
f. The residential properties nearest to the subject property are
located immediately adjacent to the southeast and to the northwest, in the neighborhood
commonly known as "College Park East".
g. The park nearest to the subject property (Bluebell Park) is
approximately 350 feet to the southeast.
h. The surrounding land uses and zoning are as follows:
o NORTH - Across Lampson Avenue, the Old Ranch Country Club and golf course in
the Public Land Use/Recreation (pLU/R) Zone
o SOUTH - Multi-family residential townhouse development in the Residential Medium
Density (RMD) Zone
o EAST - Multi-fanlily residential townhouse development in the Residential Medium
Density (RMD) Zone
o WEST - Across Basswood Street, the Seal Beach Tennis Club in the Public Land
Use/Recreation (PLU/R) Zone
Section 6. Based upon the facts contained in the record, including those stated
in 95 of this resolution and pursuant to 928-2500 through 928-2502; and 928-2505 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
a. Variance 09-4 is inconsistent with the provisions of the
Land Use Element of the City's General Plan, which provides a General Commercial use
designation for the subject property, but prohibits alcohol licenses in conjunction with
Automobile Service Stations that are located within 1000 feet of a park or 100 feet of a
residentially zoned area. The properties immediately adjacent to the subject property are
residential in nature and there is a park located approximately 350 feet to the southeast.
b. The strict application of Chapter 28 of the Municipal Code
does not deprive such property of privileges enjoyed by other property owners in the same
vicinity and zone, in that, based on the fact that Service Station uses within the same zone and
vicinity would be subject to the same limitations.
c. The granting of such variance will constitute a grant of
special privileges inconsistent with other limitations upon properties in the same vicinity and
zone. The proposed variance for a Type 20 ABC license (Off-sale Beer and Wine), is not
compatible with the existing development, which is less than 100 feet from a residential area and
less than 1000 feet from a public park.
Section 7.
Variance 09-4.
Based upon the foregoing, the Planning Commission hereby denies
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PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 19th day of August 2009 by the following vote:
AYES: Commissioners Deaton, Bello, Eagar, Larson, and Massa-Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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I Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commissio
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