HomeMy WebLinkAboutPC Res 11-04 - 2011-04-20RESOLUTION NUMBER 11 -4
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
APPROVING CONDITONAL USE PERMIT 11 -2
FOR THE ESTABLISHMENT OF A NEW DRUG
STORE AND PHARMACY WITH DRIVE -
THROUGH SERVICE; A TYPE 21 (OFF -SALE -
GENERAL, PACKAGE STORE) ABC LICENSE;
AND 24 -HOUR OPERATION AT 12541 SEAL
BEACH BOULEVARD (RITE AID)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On March 2, 2011, MPA, Inc (the "applicant ", on behalf of
Rossmoor Shops, LLC) filed an application with the Department of Development
Services for Conditional Use Permit 11 -2 to establish a drug store and pharmacy with
drive - through service; a Type 21 (Off -sale — General, Package Store) ABC license; and
24 -hour operation within the General Commercial (GC) zone at 12541 Seal Beach
Boulevard.
Section 2 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 11 -2 for the subject
requests is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (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 3 . A duly noticed public hearing was held before the Planning
Commission on April 20, 2011, to consider the application for Conditional Use Permit
11 -2. At the public hearing the Planning Commission received evidence and testimony
regarding said application.
Section 4 . The record of the hearing of April 20, 2011, indicates the
following:
(a) On March 2, 2011, MPA, Inc (the "applicant ", on
behalf of Rossmoor Shops, LLC) filed an application with the Department of
Development Services for Conditional Use Permit 11 -2. Specifically, the applicant is
requesting to establish a drug store and pharmacy with drive - through service; a Type 21
1 of 10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
(Off -sale — General, Package Store) ABC license; and 24 -hour operation within the
General Commercial (GC) zone at 12541 Seal Beach Boulevard.
(b) The subject property is described as Orange County
assessor's parcel # 086 - 492 -13.
(c) The subject property is approximately 240' x 240' and
contains approximately 58,000 square feet.
(d) The proposed new structure will be approximately
17,400 square feet in area, with a drive - through lane at the north side of the structure
and a truck loading dock and solid trash enclosure at the west side (rear) of the
structure.
(e) The nearest residential properties are located
approximately 75 feet to the south of the subject property, within the community of
Rossmoor.
(f) The surrounding land uses and zoning are as follows:
❑ NORTH, WEST, and EAST — Commercial uses within the General Commercial
(GC) Zone.
❑ South — Residential uses within the community of Rossmoor.
(g) Sergeant Ron Lavelle with the Seal Beach Police
Department has reviewed the application and has no reservation or concerns regarding
the subject request.
(h) The City's Department of Public Works has reviewed
the application and has provided Planning Staff with comments and suggested
conditions.
Section 5 . Based upon the facts contained in the record, including
those stated in §4 of this resolution and pursuant to §§ 11.2.10; 11.4.05.015;
11.4.05.050; 11.4.05.070; and 11.5.20 of the City's Zoning Code, the Planning
Commission makes the following findings:
(a) The proposal is consistent with the General Plan and
with any other applicable plan adopted by the City Council;
(b) The proposed use is allowed within the applicable
zoning district with use permit approval and complies with all other applicable provisions
of the of the Municipal Code;
2of10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
(c) The site is physically adequate for the type, density,
and intensity of use being proposed, including provision of services, and the absence of
physical constraints;
(d) The location, size, design, and operating
characteristics of the proposed use will be compatible with and will not adversely affect
uses and properties in the surrounding neighborhood; and
(e) The establishment, maintenance, or operation of the
proposed use at the location proposed will not be detrimental to the health, safety, or
welfare of persons residing or working in the vicinity of the proposed use.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 11 -2, subject to the following conditions:
1. Conditional Use Permit 11 -2 is approved for a proposed new Rite Aid drug
store /pharmacy with drive -thru pharmacy window; off - premise alcohol sales; and
24 -hour operation at 12541 Seal Beach Boulevard.
2. All construction shall be in substantial compliance with the submitted plans dated
January 31, 2011, that were submitted as a supplement to the application for
Conditional Use Permit 11 -2.
3. The permitted hours of operation for the drug store /pharmacy and drive - through
shall be 24 -hours daily.
4. No commercial deliveries or trash disposal activities may occur in association with
the operation of this business between the hours of 10:00 p.m. and 7:00 a.m.
5. The applicant or property owner shall provide "STOP" and "No U- turn" signs at the
exit of the drive - through aisle to the satisfaction of the City Engineer prior to the
issuance of a Certificate of Occupancy
6. The applicant or property owner shall ensure that the opening at the exit of the
drive - through aisle is not greater than 15' -0" in width and is oriented such that it
prevents U -turns out of the drive - through aisle prior to issuance of a Certificate of
Occupancy.
7. The applicant or property owner shall provide a painted limit line on the pavement
at the mouth of the drive - through exit prior to the issuance of a Certificate of
Occupancy.
8. The applicant or property owner shall place bollards, a raised curb, or a similar
type protective feature, along the exterior wall of the building where the drive-
3 of 10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
through is located, to prevent vehicles from inadvertently damaging the exterior of
the building.
9. The final design of the loading dock area and any fence or screen wall above the
loading dock shall be subject to review and approval of the Department of
Development Services. Prior to the issuance of a building permit, if it is
determined that traffic visibility is a potential problem, the Department of
Development Services reserves the right to require the applicant to modify the
design of the loading dock area and any fence or screen wall, to provide greater
visibility for traffic utilizing the drive aisle behind the building.
10. A Water Quality Management Plan (WQMP) for all new construction shall be
submitted to and approved by the Department of Public Works prior to the
issuance of any building permits.
11. Adequate proof of site clearance from the Orange County Health Care Agency,
Orange County Fire Authority, or any other applicable agencies, must be submitted
to the City of Seal Beach prior to the issuance of any building permits.
12. The developer /owner is responsible for ascertaining and paying all City
development fees such as, but not limited to, sewer deficiency fees, water meter
fees and metered water service impact fees as required by SBMC.
13. All improvement plans, including grading and public improvement plans, shall be
based upon City- approved datum. Benchmark references to be obtained from the
Engineering Division.
14. The Developer shall obtain a "will- serve" letter from Orange County Sanitation
District, the sewage service provider for the subject property. The Developer shall
comply with all requirements of Orange County Sanitation District before final
approval from the City.
15. The Developer shall obtain a "will- serve" letter from Golden State Water Company,
the water purveyor for the subject property. The Developer shall comply with all
requirements of Golden State Water Company before final approval from the City.
16. A site grading and drainage plan shall be prepared in conformance with City
standards. A hydrology and hydraulic study of the site may be required for
submittal to the City Engineer for review and approval. The site shall be graded to
drain to the public street or in a manner otherwise acceptable to the City Engineer.
Drainage from contiguous properties shall not be blocked and shall be
accommodated to the satisfaction of the City Engineer.
17. Applicant shall submit a list of items of work and cost estimates for the proposed
grading and site improvements, such as: earthwork quantities, retaining walls,
4of10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
drainage devices, landscaping, asphalt pavement, and fencing. Cost estimates will
be necessary for determining bond amounts for this development. Improvement
bonds shall be submitted for City review and approval prior to issuance of any
building permits or grading permits.
18. "National Pollutant Discharge Elimination System (NPDES) - Developer /owner is
required to obtain a "General Construction Activity Storm Water Permit," and the
City shall condition the issuance of the grading permit on evidence of compliance
with this permit and its requirements. Compliance information is available in the
Office of the City Engineer. A LWSPPP or SWPPP is required.
19. The grading and drainage plan shall incorporate all pertinent site development
comments from the City's geological and geotechnical consultants and shall also
include the approved geological and geotechnical report submitted by the
developer's consultants.
20. Any damage done to existing street improvements and utilities shall be repaired
before acceptance of the project. Existing damaged, deteriorated, substandard or
off -grade curb, gutter, driveways and sidewalk must be repaired or replaced to the
satisfaction of the City Engineer. All existing driveways, if not used, must be
removed and replaced with curb and sidewalk in accordance with City standards.
All improvements must meet current American's with Disabilities Act (ADA)
compliance.
21. All electric, telephone and cable TV utility services shall be installed fully
underground and to required City standards. Satisfactory provisions for all other
utilities and service connections, including water, sewer and gas, shall be made to
City and public utility standards. A utility plan shall be prepared and submitted
showing all existing and proposed utilities. The utilities may be shown on either a
separate plan or on the proposed site plan.
22. All buildings shall have roof gutters, and all roof drainage shall be conducted to the
public street or an approved drainage facility in a manner approved by the City
Engineer.
23. Parkway plans and designs shall be submitted for review and approval by the City
Engineer. The need for preserving existing street trees and /or providing additional
street trees shall be reviewed and approved by the City's Public Works
Department.
24. The City reserves the right to restrict turn movements to and from the southerly
driveway on the project site in the event future traffic conditions warrant such
restricted turn movements "? The Developer, at its option, can prepare a circulation
analysis (the "Study ") using a traffic engineer acceptable to City to determine the
potential for circulation conflicts at this intersection. The study will be presented to
5of10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
the City for its review and approval. Should the City- approved Study conclude
there is no projected circulation conflict, the City will remove this condition. If the
Study concludes there is the potential for conflict, this condition will remain as
written
25. An encroachment permit shall be obtained from the City prior to performing any
work in any public right of way.
26. Applicant shall haul all cardboard waste generated on -site back to an applicant
designated warehouse or recycling facility. No cardboard shall be stored outside
of the building or outside of approved recycling containers. In the event that back
hauling by the applicant is not feasible or no longer provided, the applicant shall
provide a cardboard bailer on site for all cardboard waste.
27. The proposed project's traffic study shall follow the City's Traffic Impact Guidelines.
28. Traffic Impact fees, as adopted by the City and if applicable, shall be paid by the
Developer.
29. The developer shall provide signage on -site to help direct internal circulation from
the Rite Aid development into the rest of the Shops at Rossmoor. An on -site
signage, striping and circulation plan shall be approved by the City's Public Works
Department, Development Services Department, and shall be in conformance with
any currently existing sign programs for the property.
30. The applicant shall file an application for a Lot Line Adjustment with the
Department of Public Works — Engineering Division for all proposed lot line
modifications prior to the issuance of any building permits; any necessary lot line
adjustments shall be recorded by the Orange County Recorder's Office prior to the
issuance of a Certificate of Occupancy.
31. The applicant shall execute and record any necessary Reciprocal Parking
Agreements to ensure that all uses, including but not limited to: the office building
immediately adjacent and to the west of the proposed project site, Rite Aid, and the
Shops at Rossmoor shopping center, continue to provide adequate parking for
their respective uses.
32. A 'Reciprocal Access Agreement' shall be executed and recorded between the
existing office building located immediately adjacent and to the west of the
proposed project site and the Shops at Rossmoor shopping center, to the
satisfaction of the Director of Development Services, to ensure the proposed trash
enclosure for the Rite Aid development, and access to said enclosure, remains
available to Rite Aid in perpetuity.
6of10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
33. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments shall remove trash
and debris on an appropriate basis so as not to cause health problems. There
shall be no dumping of trash outside the establishment between the hours of 10:00
p.m. and 7:00 a.m.
34. The applicant shall comply with all restrictions placed on the license issued by the
State of California's Department of Alcoholic Beverage Control (ABC) and a copy
of said approved license shall be filed with the Department of Development
Services as soon as the license is received by the applicant from ABC.
35. There shall be posting of signs in the area where alcoholic beverages are
displayed for sale stating that sales of alcoholic beverages to persons under 21
years of age is prohibited, as well as Proposition 65 warnings with regard to
alcohol consumption.
36. It shall be the responsibility of the applicant/licensee to provide all employees that
sell alcoholic beverages with the knowledge and skill enabling them to comply with
their responsibilities under State of California law.
37. In the event that the Seal Beach Police Department determines 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.
38. A minimum of one armed security guard, P.O.S.T. certified, shall remain on duty
during all hours from 12:01 A.M. to 6:00 A.M. that the business is open. The
Planning Commission may waive or modify the security guard requirement if an
alternative method is determined to be acceptable in meeting the intent of this
subsection and upon recommendation of the Police Chief.
39. A minimum of two (2) employees (in addition to any required security guard) shall
be on duty at all times between the hours of 12:01 A.M. and 6:00 A.M. that the
business is open or employees are present. The Planning Commission may
authorize only one (1) employee after determining that the employee will operate
the business from an adequately secured facility and upon recommendation of the
Police Chief.
40. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal
Beach Municipal Code as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding noise generated
by the establishment, the Planning Commission reserves the right to schedule this
permit for reconsideration and may require the applicant/business operator to
mitigate the noise level to comply with the provisions of Chapter 7.15
7of10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
41. Upon receiving any combination of three (3) substantiated complaints from three
(3) different residences within 300 feet of the extended hour business within one
(1) calendar year concerning noise, hours of operation, and traffic control as
specified in SBMC Section 11.4.05.055, or at the discretion of the Director or the
Planning Commission, the Planning Commission shall review the extended hour
business operation at a noticed public hearing conducted in accordance with the
procedures outlined in Chapter 11.5.10.
42. A lighting and security plan for the project site shall be submitted to the Director of
Development Services for approval prior to the issuance of a building permit.
Lighting plan shall provide `cut -off' or similar fixtures to ensure that there is no light
encroachment onto adjacent commercial or residential properties, yet provide
adequate lighting for security purposes. Security cameras will be required for the
drive -thru area as part of the security plan.
43. Applicant shall submit a landscape plan to the Department of Development
Services for review and approval. Landscape plan shall clearly show all
landscaped areas, including parking lot landscaping and irrigation systems.
44. Applicant shall work with the Department of Development Services and the City
Engineer to provide a pedestrian access from the St. Cloud Drive sidewalk,
through the parking lot to the proposed building.
45. All proposed signage for the business shall comply with Chapter 11.4.25 of the
SBMC. No more than one freestanding sign shall be allowed for the proposed
business. Any additional freestanding signage shall require a modification to the
Planned Sign Program for the Shops at Rossmoor (PSP 07 -1).
46. This Conditional Use Permit shall not become effective for any purpose unless /until
a City "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) calendar -day appeal period has
elapsed.
47. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of the
establishment.
48. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit pursuant to Title 11 of Seal Beach Municipal Code if harm or retail -
related problems are demonstrated to occur as a result of criminal or anti - social
behavior, including but not limited to the congregation of minors, violence,
vandalism, solicitation and /or litter.
8of10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
49. The term of this permit shall be 12 months after the commencement of business
operations. At the end of the initial term, the applicant may apply to the City for an
indefinite extension of Conditional Use Permit 11 -2. The Planning Commission
may grant an indefinite extension provided that all Conditions of Approval have
been met and no significant police or other problems have occurred. The applicant
is hereby advised that a new application and accompanying fee must be submitted
to the City prior to consideration of an indefinite permit.
50. This Conditional Use Permit shall become null and void unless exercised within
one (1) year of the date of final approval, or such extension of time as may be
granted by the Planning Commission pursuant to a written request for extension
submitted to the Department of Development Services a minimum of ninety (90)
days prior to such expiration date.
51. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of the
rights granted herein, and any and all claims, lawsuits or actions arising from the
granting of or the exercise of the rights permitted by this Conditional Use Permit,
and from any and all claims and losses occurring or resulting to any person, firm,
corporation or property for damage, injury or death arising out of or connected with
the performance of the use permitted hereby. Applicant's obligation to indemnify,
defend and hold harmless the City as stated herein shall include, but not be limited
to, paying all fees and costs incurred by legal counsel of the City's choice in
representing the City in connection with any such claims, losses, lawsuits or
actions, expert witness fees, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
52. Failure to comply with any of these conditions may result in the revocation of this
Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 20th day of April 2011, by the following vote:
AYES: Commissioners Massa- Lavitt, Bello, Cummings, Everson, and
Galbreath
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
9 of 10
Planning Commission Resolution No. 11 -4
Conditional Use Permit 11 -2
12541 Seal Beach Boulevard (Rite Aid)
April 20, 2011
Sandra Massa -Lavitt
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
10 of 10