The Planning Commission on Dec. 18 approved a request for a variance for a convenience store to sell beer and wine within less than 100 feet from residences and less than 1,000 feet from parks.
Planners also approved a request for a conditional use permit to sell beer and wine from an existing convenience store and gas station at 4000 Lampson Ave.
The vote was 4 to 1.
District Four Commissioner Patty Campbell cast the dissenting vote.
Campbell made it clear she was opposed to the application during the public hearing.
“Every time you grant a variance, you chip away at the code,” she said.
A copy of approximately 80 signatures on a petition in favor of the project was available to the public at the meeting. (Later, Campbell would argue that with the addresses blacked out she didn’t know if the signatures belonged to Seal Beach residents.)
City Clerk Gloria Harper said the city received six email comments on the issue.
Paper copies of five of those emails, all opposed to the application, were made available to the public.
Only three individuals were in the audience during the meeting. One of them was the applicant.
Hearing
Applicant Steve Rawlings said he was a third-party consultant to United Pacific, owner of the Chevron station in question. Rawlings said they have a lot of customers that have been asking for this product. He said they were not asking to expand the store. He said United Pacific had no interest in being an all-night operation.
District Four Council Member Schelly Sustarsic came up to the podium, but was advised she could not speak as the City Council might hear an appeal. (The 10-day appeal period began Tuesday, Dec. 19.)
During the staff presentation prior to the hearing, Associate Planner Marco Cuevas Jr., said there had been an application for a beer and wine permit in 2009.
Commissioner Campbell expressed her fear was that an application to sell hard liquor would come next.
“Codes exist for a reason; why do we go around them?” Campbell asked.
District Five Commissioner Margo Wheeler argued that the conditions for the proposed permit did not allow advertising alcohol. “Every variance should be heard on its own merits,” Wheeler said.
Wheeler wanted a condition added to require a parking plan to be submitted to staff.
District Three Commissioner Richard Coles said he didn’t think this was a new activity. He said he didn’t see a reason this would cause harm.
Background
“The property operates as an automotive service station with three service bays and a 1,275 square foot convenience store,” according to the staff report prepared by Associate Planner Marco Cuevas Jr.
“The applicant, Steve Rawlings, is seeking a Conditional Use Permit to allow the sale of beer and wine (ABC Type 20 beer and wine alcohol license) for off-site consumption, in conjunction with an existing automotive service station,” Cuevas wrote.
“The subject business of the automobile service station has been in operation since 1968 with the convenience store being added to the site in 2009 under CUP 06-3,” Cuevas wrote.
“The applicant is also seeking approval of a variance for the sale of beer and wine at an automobile service station that is within 1,000 feet of a park. The business is located within 50 feet of a residential property (private gated condominium complex) and within 350 feet from a City park (Bluebell Park),” Cuevas wrote.
“Under City Council Policy 600-1, when considering an application for a Conditional Use Permit for alcohol-related land uses, such uses must be 100 feet away from residential areas unless the applicant establishes that the operation of the business would not interfere with the quiet enjoyment of property by residents,” Cuevas wrote.
“Since the business is located within 50 feet of a private-gated condominium complex, staff is recommending that the Planning Commission make the finding that the inclusion of beer and wine sales is not expected to interfere with the quiet enjoyment of the residential properties,” Cuevas wrote.
“The automobile service station and convenience store have been in operation in good order for several years and the city has not received any complaints of their operations impacting the nearby residences,” Cuevas wrote.
“The Seal Beach Police Department has reviewed this request and has no objections. Further, the establishment of the sale of beer and wine at this location would be a public convenience as this would be the only location within College Park East where these convenience goods can be bought. Nearby residents currently need to drive to the shopping centers on Seal Beach Boulevard or into Garden Grove to make their purchases,” Cuevas wrote.
Seal Beach Municipal Code “Section 11.4.05.035.B.24(c) provides that the sale of beer and wine from an automobile service station business shall not take place within 1,000 feet of a park, religious institution, or school unless the findings for a variance can be made. The existing automobile service station is located within 350 feet from Bluebell Park,” Cuevas wrote.
According to the report, the Planning Commission has authority to grand a variance subject to conditions that make sure the variance does not grant special privileges to the applicant and as long as the variance doesn’t allow an activity that is not otherwise allowed by zone district regulations.
“Staff believes that the Variance finding can be made that this would not be a grant of special privileges for the sale of alcohol beverages within 1,000 feet of a park, school, or religious institution because research through the State’s Alcohol Beverage Control (ABC) data shows that there are 12 ABC licenses within the city for the off-site sale of alcohol beverages and research of each site has identified that 7 of the 12 are located within 1,000 feet of a park, and an additional 1 is located within 1,000 feet of a school, so the granting of the variance would not grant a special privilege that 8 out of 12 vendors do not already have,” Cuevas wrote.
During the public hearing, District One Commissioner Calivin Mingione asked if the other properties were granted variances.
Planning Manager Shaun Temple said several of the sites pre-dated the need for a conditional use permit.
