HomeMy WebLinkAbout8 - CUP 11-6 800 PCH (Fresh & Easy)July 20, 2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Conditional Use Permit 11 -6
800 Pacific Coast Highway
(Fresh & Easy Neighborhood Market)
GENERAL DESCRIPTION
Applicant: ADAM MAYFIELD (C /O FRESH & EASY NEIGHBORHOOD
MARKET)
Owner: VICTORIA LAND PARTNERS, LP
Location: 800 PACIFIC COAST HIGHWAY
Classification of Property GENERAL COMMERCIAL (GC)
Request: FOR A CONDITIONAL USE PERMIT TO ALLOW A TYPE 20 ABC
LICENSE (OFF -SALE BEER & WINE — PACKAGE STORE) IN
CONJUNCTION WITH A PROPOSED NEW RETAIL GROCERY STORE
(FRESH & EASY NEIGHBORHOOD MARKET).
Environmental Review:
Code Sections:
PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15303(c) — NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES, THIS PROJECT IS
CATEGORICALLY EXEMPT FROM CEQA REVIEW.
SECTIONS 11.2.10; 11.4.05.015; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
Recommendation: APPROVE CUP 11 -6, SUBJECT TO CONDITIONS OF APPROVAL
AS RECOMMENDED BY STAFF AND AS MAY BE FURTHER
REVISED BY THE COMMISSION AFTER CONSIDERING PUBLIC
TESTIMONY, THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION 11 -19.
ZAConditional Use Permits \CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) \CUP 11 -6 800 Pacific Coast Highway (Fresh &
Easy) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
FACTS
❑ On June 15, 2011, Adam Mayfield ( "the applicant "), on behalf of Fresh and Easy
Neighborhood Market, filed an application for Conditional Use Permit 11 -6 with
the Department of Development Services.
❑ The applicant is requesting a Type 20 ABC license (off -sale beer and wine) in
conjunction with a proposed new retail grocery store (Fresh & Easy
Neighborhood Market).
❑ The subject property is located at 800 Pacific Coast Highway, at the corner of 8th
Street and Pacific Coast Highway within the neighborhood generally referred to
as "Old Town ".
❑ The subject property is approximately 15,454 square feet in area (0.35 acre) and
the proposed new retail structure would be approximately 4,320 square feet in
area.
❑ Surrounding land uses and zoning are as follows:
NORTH: Commercial uses within the General Commercial (GC) zone;
residential uses within the Residential Low Density (RLD -9) zone.
SOUTH: Residential uses within the Residential High Density (RHD -20)
zone.
WEST: Commercial uses within the General Commercial (GC) zone;
residential uses within the Residential High Density (RHD -20) zone.
EAST: Commercial uses within the Main Street Specific Plan (MSSP)
zone.
❑ As of July 13, 2001, Staff has received two phone calls and has been contacted
by two neighbors in opposition, in response to the public hearing notices that
were mailed and published regarding this application.
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff Report
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
DISCUSSION
The applicant is requesting a Conditional Use Permit (CUP) to allow a Type 20 ABC
license (off -sale beer and wine) in conjunction with a proposed new retail grocery store
at 800 Pacific Coast Highway. This request is in conjunction with a proposed new
retail grocery store (Fresh & Easy Neighborhood Market).
A Type 20 ABC license is generally less common than a Type 21 (off -sale — general)
ABC license for supermarkets and larger retail stores that have a grocery/dry goods
section. However, Fresh & Easy's model is one that is intended to serve neighborhood -
scale grocery needs, unlike much larger supermarkets, and as such, the proposed store
will have limited space and Fresh & Easy has chosen to only offer beer and wine at this
location. All of Fresh & Easy's stores are generally around 15,000 square feet or less,
and this proposed store is part of a new neighborhood prototype that is considerably
smaller than the average size existing Fresh & Easy store. Because of the type of
retailer and the type of ABC license being sought, Staff does not believe that approval
of the Type 20 ABC would have a significant adverse impact on the surrounding
businesses or the neighborhood at large, but feels that precautions should be
implemented to ensure that adverse impacts will not occur as part of the proposed new
store, or if a subsequent operator were to potentially assume an approved alcohol CUP
at this location, should Fresh & Easy cease to operate at this location at any point in the
future.
Section 11.4.05.015.D of the Seal Beach Municipal Code specifies the considerations
for approval of Conditional Use Permits for alcoholic beverage establishments. In
making the findings required for the approval of a CUP, the following additional issues
shall also be considered:
Undue Concentration. Whether the proposed use will result in an undue
concentration of establishments dispensing alcoholic beverages, pursuant
to the regulations of the California Department of Alcoholic Beverage
Control (ABC).
2. Distance to Sensitive Land Uses. The distance of the proposed use from
the following:
a. Residential uses
b. Religious facilities, schools, libraries, public parks and playgrounds,
and other similar uses; and
c. Other establishments dispensing alcoholic beverages
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff F�pport
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20. 2011
3. Noise Levels. Whether the noise levels generated by the operation of the
establishment would exceed the level of the background noise normally
found in the area or would otherwise be intrusive.
While Staff realizes that these considerations are primarily directed towards on- premise
alcohol beverage establishments, Staff feels that they are appropriate considerations
for all types for alcohol establishments and the Zoning Code does not differentiate
between on- premise and off - premise alcohol establishments with regard to this specific
Code Section.
Based on information received from the ABC, there is presently an over - concentration
or undue concentration of existing alcohol licenses within the census tract (census tract
#995.12) for both on- premise and off - premise licenses. ABC bases the number of
licenses allowed within a census tract on a combination of population figures within the
census tract, as well as crime statistics. This current request by Fresh & Easy, if
approved, would add an additional off - premise ABC license to the census tract and
would require that the City demonstrate that the Public Convenience and Necessity is
being met by the approval of the Type 20 license.
Over Concentration of alcoholic beverage licenses has been an issue within the city in
the past, particularly in areas with high crime reporting districts. The State's Alcoholic
Beverage Control Act, Regulation 61.3, says that if an area has both high crime and an
over concentration of ABC licenses, ABC can automatically deny an application for a
liquor license. Several years ago, the City's Police Chief made a request to ABC that
the City be placed under Regulation 61.3. The purpose of this request was to give ABC
a basis on which to deny a license request. However, a City may approve a CUP
application in an over concentrated area if it so desires.
While the subject property abuts a residentially zoned area, the proposed site layout
and building orientation would direct noise and activity away from the residential area
and towards Pacific Coast Highway. The nearest alcoholic beverage establishment is
allocated approximately 300' from the project site, on Main Street (Cafe Lafayette) and
the nearest park area is located approximately 400' to the south of the project site
(Greenbelt). There is a Library also located approximately 400' south of the project site,
along the greenbelt area. No other known sensitive uses are located within 500' of the
project site.
Staff has contacted Captain Tim Olson of the Seal Beach Police Department regarding
the subject application, and Capt. Olson has stated that SBPD does not have any
significant concerns with the off - premise sale of beer and wine at this location, and he
does not anticipate any significant problems or have any objections with the issuance of
an alcohol license at the subject address, as long as the applicant follows all ABC
regulations with regard to sales of alcoholic beverages.
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff Ppport
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
It should be noted that the request for CUP 11 -6 is for the Type 20 ABC license only.
The use of the property as a retail grocery store is a use that is permitted by right within
the General Commercial (GC) zone and the preliminary plans that have been submitted
to the planning department for this CUP application appear to comply with all pertinent
development standards applicable to the GC zone.
Additionally, the applicant has recently submitted construction drawings to the building
department for plan check review. Planning and building staff will continue to work with
the applicant with regard to site layout and building design and will also work to ensure
that neighborhood concerns are addressed as part of this plan check review and
approval process to the maximum extent possible.
RECOMMENDATION
Staff recommends that the Planning Commission, after considering all relevant
testimony, written or oral, presented during the public hearing, approve CUP 11 -6 for a
Type 20 ABC license, subject to conditions.
Staff's recommendation is based on the following:
❑ Conditional Use Permit 11 -6, as conditioned regarding business operations, is
consistent with the provisions of the Land Use Element of the City's General
Plan, which provides a General Commercial zoning designation for the subject
property and permits off - premise alcoholic sales subject to the issuance of a
Conditional Use Permit.
❑ Conditional Use Permit 11 -6 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.
❑ The property at 800 Pacific Coast Highway is adequate in size, shape,
topography and location to meet the needs of the proposed use of the property.
❑ The required adherence to applicable building and fire codes is sufficient to
ensure there will be adequate water supply and utilities for the proposed request.
❑ While the request for a Type 20 ABC license result in an undue concentration of
alcoholic beverage establishments pursuant to the regulations of the California
Department of Alcoholic Beverage Control (ABC), the establishment of such a
license at this location will serve the public convenience and necessity.
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff Fyport
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
❑ The proposed retail grocery store with a Type 20 ABC is conditioned such that it
will not cause significant adverse impacts upon sensitive land uses.
❑ The noise levels generated by the operation of the proposed retail grocery store
with a Type 20 ABC license will not exceed the level of background noise
normally found in the area or otherwise be intrusive.
❑ The proposed request will comply with all applicable City Council Policies, such
as the policies the Council has adopted concerning alcohol uses.
Approval of Conditional Use Permit 11 -6 should be through the adoption of Resolution
No. 11 -19, with the following conditions in place:
1. Conditional Use Permit 11 -6 is approved for a Type 20 ABC license (off -sale
beer and wine) at 800 Pacific Coast Highway (Fresh & Easy Neighborhood
Market).
2. All proposed construction shall be in substantial compliance with the plans
submitted as a part of the application for CUP 11 -6 and dated May 10, 2011.
3. The maximum display area of alcoholic beverages for sale shall not exceed 10%
of the sales area of the retail grocery store (approximately 300 square feet).
4. No individual sales of beer, nor any sales of malt liquor or sales of fortified wines
shall be permitted as part of this CUP approval.
5. Business hours of operation shall be from 7:00 A.M. to 10:00 P.M. seven days a
week.
6. 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.
7. 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.
8. There shall be no advertising of alcoholic beverages directed to or visible from
the exterior of the building.
9. All illuminated building signage shall be turned off after 10:00 P.M.
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff F?5)port
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
10. 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.
11. No commercial deliveries, trash disposal activities, or parking lot sweeping
activities may occur in association with the operation of this business facility
between the hours of 10:00 P.M. and 7:00 A.M.
12. The exterior trash enclosure shall be kept clean and free of debris and all trash
shall be kept in an enclosed dumpster at all times.
13. There shall be no outdoor storage of wood pallets, cardboard or cardboard
bales, produce or milk crates, or similar packaging or transport materials at any
time.
14. Any appearance of graffiti within the project site shall be removed within 48
hours of its appearance.
15. The landscaped area at the rear of the proposed building shall be adequately lit,
kept secure such that there is no public access, and kept free of trash and debris
at all times.
16. Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while preventing light trespass into surrounding
commercial and residential areas.
17. Parking stalls located adjacent to the east side of the building, abutting the public
alley, shall be designated as employee -only parking.
18. All security lighting shall use light cutoffs or shall be located in such a manner as
to prevent light trespass into surrounding commercial and residential areas.
19. The operator shall provide and maintain a solid block wall between a height of 6'-
0" and 8' -0" between the subject property and the adjacent residential property to
the south of the subject property.
20. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Director of
Development Services.
21. The establishment shall have a public telephone listing.
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff Report
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
22. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of the establishment shall remove trash
and debris on an appropriate basis so as not to cause health problems.
23. In the event staff 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.
24. 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.
25. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to change its type of liquor 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 establishment.
26. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit pursuant to Chapter 11.5.10 of The Code of the City of Seal Beach.
27. This Conditional Use Permit shall become null and void unless exercised within 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 90 days
prior to such expiration date.
28. 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 10 calendar -day appeal
period has elapsed.
29. The term of this permit shall be 12 months. At the end of the initial term, the
applicant may apply to the City for an extension of Conditional Use Permit 11 -6.
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.
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff Fj�port
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
30. 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.
31. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
For: July 20, 2011
1
ro eie livera, AICP
Se for tanner - Department of Development Services
Attachments: (3)
Attachment 1: Resolution Number 11 -19 — A Resolution of the Planning
Commission of the City of Seal Beach, approving
Conditional Use Permit 11 -6 for a Type 20 (off -sale beer and
wine) ABC License at 800 Pacific Coast Highway.
Attachment 2: Project Application
Attachment 3: Project Plans
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff Report
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
ATTACHMENT 1
RESOLUTION 11 -19 - A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF
SEAL BEACH, APPROVING CONDITIONAL USE
PERMIT 11 -6 FOR A TYPE 20 (OFF -SALE BEER
AND WINE) ABC LICENSE AT 800 PACIFIC
COAST HIGHWAY, SEAL BEACH
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff Wort
RESOLUTION NUMBER 11 -19
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT NO. 11 -6, FOR A TYPE 20 (OFF -
SALE BEER AND WINE) LICENSE IN
CONJUNCTION WITH A RETAIL GROCERY
STORE AT 800 PACIFIC COAST HIGHWAY
(FRESH AND EASY NEIGHBORHOOD
MARKET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1 . On June 15, 2011, Adam Mayfield ( "the applicant ") on behalf
of Fresh & Easy Neighborhood Market, filed an application for Conditional Use
Permit 11 -6 with the Department of Development Services.
Section 2. The applicant is requesting a Type 20 ABC license (off -sale
beer and wine) in conjunction with a proposed retail grocery store (Fresh & Easy
Neighborhood Market) at 800 Pacific Coast Highway.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15303, Staff has
determined as follows: The application for Conditional Use Permit 11 -6 for the
requested land use entitlements at a proposed retail grocery store is
Categorically Exempt from review pursuant to the California Environmental
Quality Act.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on July 20, 2011, to consider the application for Conditional Use
Permit No. 11 -6. At the public hearing, the Planning Commission received
written and oral evidence regarding the proposed project.
Section 5 . The record of the public hearing of July 20, 2011, indicates
the following:
(a) On June 15, 2011, the applicant filed an application for
Conditional Use Permit 11 -6 with the Department of Development Services to
establish a Type 20 ABC license (off -sale beer and wine) in conjunction with a
proposed new retail grocery store.
(b) The subject property is located at 800 Pacific Coast
Highway, on the corner of 8 th Street and Pacific Coast Highway, within the
neighborhood generally referred to as "Old Town ".
Surrounding land uses and zoning are as follows:
NORTH: Commercial uses within the General Commercial
(GC) zone; residential uses within the Residential Low
Density (RLD -9) zone.
SOUTH: Residential uses within the Residential High Density
(RHD -20) zone.
WEST: Commercial uses within the General Commercial
(GC) zone; residential uses within the Residential
High Density (RHD -20) zone.
EAST: Commercial uses within the Main Street Specific Plan
(MSSP) zone.
(c) The subject property is approximately 15,454 square feet in
area (0.35 acre) and the proposed new retail structure would be approximately
4,320 square feet in area.
(d) As of July 13, 2011, Staff had received two phone calls and
has been contacted by two neighbors in opposition, in response to the public
hearing notices that were mailed and published regarding this application.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §§ 11.2.10; 11.4.05.015; and
11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the
following findings:
(a) Conditional Use Permit 11 -6, as conditioned regarding business
operations, is consistent with the provisions of the Land Use Element
of the City's General Plan, which provides a General Commercial
zoning designation for the subject property and permits off - premise
alcoholic sales subject to the issuance of a Conditional Use Permit.
(b) Conditional Use Permit 11 -6 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.
(c) The property at 800 Pacific Coast Highway is adequate in size, shape,
topography and location to meet the needs of the proposed use of the
property.
(d) The required adherence to applicable building and fire codes is
sufficient to ensure there will be adequate water supply and utilities for
the proposed request.
(e) While the request for a Type 20 ABC license result in an undue
concentration of alcoholic beverage establishments pursuant to the
regulations of the California Department of Alcoholic Beverage Control
(ABC), the establishment of such a license at this location will serve
the public convenience and necessity.
(f) The proposed retail grocery store with a Type 20 ABC is conditioned
such that it will not cause significant adverse impacts upon sensitive
land uses.
(g) The noise levels generated by the operation of the proposed retail
grocery store with a Type 20 ABC license will not exceed the level of
background noise normally found in the area or otherwise be intrusive.
(h) The proposed request will comply with all applicable City Council
Policies, such as the policies the Council has adopted concerning
alcohol uses.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 11 -6, subject to the following conditions:
1. Conditional Use Permit 11 -6 is approved for a Type 20 ABC license (off -
sale beer and wine) in conjunction with a retail grocery store at 800 Pacific
Coast Highway (Fresh & Easy Neighborhood Market).
2. All proposed construction shall be in substantial compliance with the plans
submitted as a part of the application for CUP 11 -6 and dated May 10,
2011.
3. The maximum display area of alcoholic beverages for sale shall not
exceed 10% of the sales area of the retail grocery store (approximately
300 square feet).
4. No individual sales of beer, nor any sales of malt liquor or sales of fortified
wines shall be permitted as part of this CUP approval.
5. Business hours of operation shall be from 7:00 A.M. to 10:00 P.M. seven
days a week.
6. 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.
7. 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.
8. There shall be no advertising of alcoholic beverages directed to or visible
from the exterior of the building.
9. All illuminated building signage shall be turned off after 10:00 P.M.
10. 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.
11. No commercial deliveries, trash disposal activities, or parking lot sweeping
activities may occur in association with the operation of this business
facility between the hours of 10:00 P.M. and 7:00 A.M.
12. The exterior trash enclosure shall be kept clean and free of debris and all
trash shall be kept in an enclosed dumpster at all times.
13. There shall be no outdoor storage of wood pallets, cardboard or cardboard
bales, produce or milk crates, or similar packaging or transport materials
at any time.
14. Any appearance of graffiti within the project site shall be removed within
48 hours of its appearance.
15. The landscaped area at the rear of the proposed building shall be
adequately lit, kept secure such that there is no public access, and kept
free of trash and debris at all times.
16. Exterior lighting in the parking area shall be kept at a level so as to provide
adequate lighting for patrons while preventing light trespass into
surrounding commercial and residential areas.
17. Parking stalls located adjacent to the east side of the building, abutting the
public alley, shall be designated as employee -only parking.
18. All security lighting shall use light cutoffs or shall be located in such a
manner as to prevent light trespass into surrounding commercial and
residential areas.
19. The operator shall provide and maintain a solid block wall between a
height of 6' -0" and 8' -0" between the subject property and the adjacent
residential property to the south of the subject property.
20. The applicant will prominently display these Conditions of Approval in a
location within the businesses' customer area that is acceptable to the
Director of Development Services.
21. The establishment shall have a public telephone listing.
22. Litter and trash receptacles shall be located at convenient locations inside
and outside the establishment. Operators of the establishment shall
remove trash and debris on an appropriate basis so as not to cause health
problems.
23. In the event staff 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.
24. 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.
25. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to change its type of liquor 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 establishment.
26. The Planning Commission reserves the right to revoke or modify this
Conditional Use Permit pursuant to Chapter 11.5.10 of The Code of the
City of Seal Beach.
27. This Conditional Use Permit shall become null and void unless exercised
within 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 90 days prior to such expiration date.
28. 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 10
calendar -day appeal period has elapsed.
29. The term of this permit shall be 12 months. At the end of the initial term,
the applicant may apply to the City for an extension of Conditional Use
Permit 11 -6. 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.
30. 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.
31. Failure to comply with any of the aforementioned 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 day of
1 2011, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSTAIN:
Commissioners
ABSENT:
Commissioners
Sandra Massa- Lavitt
Chairwoman — Planning Commission
Mark Persico, AICP
Secretary - Planning Commission
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
ATTACHMENT 2
PROJECT APPLICATION
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff F gport
City of Seal Beach
CITY OF SEAL BEACH
PUBLIC HEARING AP
JUN 15 2011
LICkTt "ent of
v lopment services
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Appliaa iora Resolution iN ..
I. _ Property_ Address; 800 Pacific Coast Highway
2. County Assessor Parcel No. 043 - 112 -01
- 3. Applicant -Name Fre-sh & Easy Neighborhood Market - Adam - Mayfield- - - -
Address: 2120 Park Place, Suite 150 —El Segundo, CA 90245
Phone: Work ( 310 ) 341 -1273 Mobile: ( )
E -Mail Address: adam mayfield freshandeasy.com
4. Property Owner Name: Victoria Land Partners LP
Address. 9171 Towne Centre Drive Suite 335
Phone: Work ( 858) 546 -1562 _ Mobile: ( 858) 334 -8000
E -Mail Address. David (a rn idtow n iki. corn
5. General Plan and Zoning Designation: GC - General Commercial
6. Present Use of Property: Closed Jack -In- The -Box
7. Proposed Use of Property: Neighborhood Market
8. Request For Conditional Use Permit for liquor sales
9. Proof of Ownership
Please attach a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by
the applicant.
OR
3 of 9 Rev. 12!9/10
City of Seal Beach
Public Hearing Application Form
Signed and notarized Property Owner's Affidavit to be completed and attached to the
application.
10. Legal Description for attach description from Title or Grant Deed):
LOTS 34, 36, 38, 40, 42 AND 44 IN BLOCK 208 OF "STANTON AND LOTHIAN'S FIRST ADDITIO
TO BAY CITY ", IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 3 PAGE 29 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
By: By:
( re-of Applicant) __ _ _ . _.. _ ...._ . (Signature_of.Property_Owner)_
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- (P ame - - - _ - - (F�int Name)..- -- - -. _.. - - - - - — — -•
(Date) (Date)
4 of 9 Rev. Jan. 2011
Planning Commission Staff Report
Conditional Use Permit 11 -6
800 Pacific Coast Highway
July 20, 2011
ATTACHMENT 3
PROJECT PLANS
CUP 11 -6 800 Pacific Coast Highway (Fresh & Easy) PC Staff f 2port