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HomeMy WebLinkAboutPC Res 11-19 - 2011-07-20RESOLUTION 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) 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. 1 of 7 Planning Commission Resolution No. 11 -19 Conditional Use Permit 11 -6 800 Pacific Coast Highway (Fresh & Easy Neighborhood Market) July 20, 2011 (b) The subject property is located at 800 Pacific Coast Highway, on the corner of 8th Street and Pacific Coast Highway, within the neighborhood generally referred to as "Old Town ". (c) 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. (d) 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. (e) 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. 2of7 Planning Commission Resolution No. 11 -19 Conditional Use Permit 11 -6 800 Pacific Coast Highway (Fresh & Easy Neighborhood Market) July 20, 2011 (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 Conditional Use Permit 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 Conditional Use Permit 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 3 of 7 Planning Commission Resolution No. 11 -19 Conditional Use Permit 11 -6 800 Pacific Coast Highway (Fresh & Easy Neighborhood Market) July 20, 2011 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. 11a. No 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. 11 b. No commercial deliveries may occur in association with the operation of this business facility between the hours of 10:00 P.M. and 6:00 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. 4of7 Planning Commission Resolution No. 11 -19 Conditional Use Permit 11 -6 800 Pacific Coast Highway (Fresh & Easy Neighborhood Market) July 20, 2011 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. 5 of 7 Planning Commission Resolution No. 11 -19 Conditional Use Permit 11 -6 800 Pacific Coast Highway (Fresh & Easy Neighborhood Market) July 20, 2011 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. A 6' -8' high tubular steel or wrought iron security fence with a gate shall be installed along both sides of the building to close off the rear 10' setback area. The gate shall remain locked at all times, except when access is required for maintenance purposes. 32. Security lighting shall be installed on the rear property line perimeter wall, if possible, and directed away from the wall, towards the building to prevent light trespass onto neighboring properties. 33. The Director of Development Services shall review and approve a comprehensive landscape plan, with particular attention given to the rear yard setback area, in consultation with the property owner at 332 8t" Street. All landscaping shall be approved and installed prior to the issuance of a Certificate of Occupancy. 6 of 7 Planning Commission Resolution No. 11 -19 Conditional Use Permit 11 -6 800 Pacific Coast Highway (Fresh & Easy Neighborhood Market) July 20, 2011 34. The applicant has agreed to install, at applicant expense, two dual glazed windows along the north facing wall of the residence at 332 8th Street. 35. 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 20th day of July 2011, by the following vote: AYES: Commissioners Massa- Lavitt, Cummings, Everson, and Galbreath NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Mark Persico, AICP Secretary, Planning Commission 7of7 /,r/M Sandra Massa - Lavitt Chairperson, Planning Commission