HomeMy WebLinkAboutCC Res 4737 1999-08-23
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RESOLUTION NUMBER ~1
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 98-16,
APPROVING A DRIVE-THROUGH WINDOW
FOR PHARMACY PURPOSES AND A 24-
HOUR DRUG STORE OPERATION ON
PROPERTY LOCATED AT THE NORTHEAST
CORNER OF SEAL BEACH BOULEVARD
AND ST. CLOUD DRIVE (RETAIL "F", BIXBY
OLD RANCH TOWNE CENTER)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
FIND, DETERMINE, AND RESOLVE:
Section I. The Planning Commission held a properly noticed public hearing
regarding Conditional Use Permit 98-16 on December 9, 1998, and approved the project
through the adoption of Planning Commission Resolution 98-45. On August 3, 1999, the
Orange County Superior Court issued a writ in the matter of City of Los A1amitos, et al.
v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any Bpprovals
relying on the Finat EIR. On August 16, 1999, the City Council adopted Resolution 4726,
vacating Resolution No. 4660 and any approvals relying on the Final Em, subject to and
pending further Court order.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III
of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft
Environmental Impact Report (OEIR), to study the environmental impacts arising from
the proposed Bixby Old Ranch Towne Center Development PIBn and related General
Plan amendments, including this amendment. The OEIR was circulated for public review
and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of
the California Environmental Quality Act (CEQA) and the City's Local CEQA
Guidelines. Upon completion of the public review period, a Final Environmental Impact
Report was reviewed by the Planning Commission at a public hearing held on September
9, October 21, and November 4, 1998. After the public hearing, the Planning
Commission found, through the adoption of Planning Commission Resolution No. 98-37
that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact
Report (EIR) is adequate under CEQA. After considering the Final EIR and public
testimony thereto at a public hearing on November 9 and November 17, 1998, the City
Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting
a statement of overriding considerations. On August 23, 1999, the City Council
conducted a public hearing to consider revisions to the EIR and a statement of overriding
considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior
Court. The approval of this resolution is within the scope of the project analyzed in the
Final Em, as revised, and City Council Resolutjon No. 4728 is hereby incorporated by
this reference.
Section 3. Pursuant to the August 3 Writ, the City Council held a public
hearing on August 23, 1999 to consider approving this conditional use pennit.
Section 4. The record of the Planning Commission hearing of December 9,
1998 indicates the following:
a. On October 19, 1998, Kitchell Development Company (the
"Applicant") filed an application with the Department of Development Services for
Resolution Number~
various land use entitlements to develop the Bixby Old Ranch Towne Center 26.045-acre
commercial shopping center site.
b. SpecifiCBlly, the applicant is proposing to construct a maximum
286,967 square foot commercial shopping center with parking, landsCBping and other
ancillary facilities on property located at the northeast comer of Seal Beach Boulevard
and St. Cloud, as approved by the City Council through Site Plan Review 98-1, Revision
# 2. A component of the shopping center project includes a drug store with a drive-
through window and a 24-hour business operation. .
c. The drive-through window is located on the west side of the
structure facing Seal Beach Boulevard (for security reasons), and does not directly face
any residential area. Directly to the west, across Seal Beach Boulevard, in the C-2 zone
also, is Rossmoor Center. The nearest homes to the requested drive-through window are
at the comer of Seal Beach Boulevard and St. Cloud Drive, approximately 200 feet to the
southwest of the drive-through window.
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d. Section 28-1300.(7)0) requires a conditional use permit for
commercial activities operating between the hours of 2:00 a.m. and 6:00 a.m. The
proposed Sav-On Drugstore (Retail "F' on the Site Plan), is requesting the capability of
operating 24-hours a day, and to have a drive-through window for prescription drop-off
and pick-up.
e. The subject shopping center property contains approximately
24.844 acres of net useable area and is located north of St. Cloud Drive on the east side of
Seat Beach Boulevard. The property has approximately 1,307 feet of frontage on Seal
Beach Boulevard, and is approximately 975 feet in depth. The subject drug store
property is designated as Lot 8 of Tentative Tract Map No. 15767, and contains 1.57
acres of land area. Lot 8 has approximately 235 feet of frontage along Seal Beach
Boulevard, and is approximately 250 feet in depth. .
f. The subject property is legally described as Tentative Tract Map I
No. 15767, Lot 8, and is currently 10CBted in the General Commercial (C-2) zone.
g. The entire development site is currently is developed with a small
bank building, portions of the Bixby Old Ranch Golf Course, and vaCBnt land owned by
the Bixby Ranch Company.
h. Surrounding land uses and zoning are as follows:
o North - Bixby Village residentiat development in the
Residential Medium Density (RMD) Zone.
o South - Bixby Old Ranch Gotf Course in the Recreation-Golf
(R-G) Zone.
o East - Bixby Village residential development in the Residential
Medium Density (RMD) Zone and Bixby Old Ranch Golf
Course in the Recreation-Golf(R-G) Zone.
o West -Across Seal Beach Boulevard, in the General
Commercial (C-2) zone is the Rossmoor Center shopping
center development, in the City of Seal Beach.
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i. The "Mitigation Monitoring Program" establishes a number of
specific action measures which have been proposed to reduce the identified
environmental impacts of the shopping center development to a level ofinsignifiCBnce in
relation to this development application. The applicable mitigation measures are
conditions of approval for Site Plan Review 98-1, Revision # 2 (92 mitigation measures),
and are incorporated herein by reference.
Resolution Numberq.3' 7
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j. The proposed shopping center development plan complies with all
City standards regarding minimum tot size, building setbacks, lot coverage, building
height (except for those architectural features requiring height variation approval),
landscaping, and parking requirements.
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k. The project applicant has indicated that the drive-through window
will serve as a drop-off and pick-up point for prescription filling by use of a pneumatic
tube system, similar to a drive-through teller window at a bank; that vehicles do not wait
at the window while a prescription is being filled; that anticipated usage of the drive-
through window is between 50 and 100 vehicles a day (5-10 v7ehicles per hour); that
generally there are no more than 2-3 vehicles in line at the drive-through window; and
that the volume on the speaker system is Bdjustable.
I. Due to traffic generated noises on Seal Beach Boulevard at the
requested hours, and the fact that the nearest residential development is more than 200
feet away, staff believes the requested operating hours are appropriate for this site.
Pavilion's, which recently was approved by the Planning Commission for 24-hour
operation, is located within 100 feet of an adjoining residential area.
Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's
~, the City Council hereby adopts the Planning Commission findings and makes the
following findings:
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a. Conditional Use Permit No. 98-16, a request to permit a drive-
through window and 24-hour operation for the proposed Sav-On Drugstore within the
Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use
Element of the City's Generat Plan, which provides a "general commercial" designation
for the subject property and permits drive-through windows and 24-hour business
operation subject to the issuance of a conditional use permit. The use is also consistent
with the remaining elements of the City's General Plan, BS the policies of those elements
are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed
use is consistent with the General Plan.
b. Subject to the proposed conditions of approval, the proposed use of
the property as a Sav-On Drugstore with a drive-through window and 24-hour business
operation will be compatible with surrounding uses and will not be detrimental to the
surrounding neighborhood. As the proposed location of the 24-hour drug store business
with a drive-through window is approximately 200 feet from the nearest residential uses,
staff is not recommending any specific noise related conditions at this time.
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c. The proposed style, height and bulk of the proposed structure is
consistent with surrounding commercial uses, which include an existing shopping center
in the same zoning area BS the subject property, directly across Seal Beach Boulevard.
As approved by the City Council, there are sufficient mitigation measures Bdopted by the
City Council to ensure compatibility of the entire 26.045-acre shopping center with
Bdjoining land uses. The subject shopping center development and the site proposed for
the drug store development ex~eds all standard development requirements of the City
related to lot size, setbacks, lot coverage, building height (except for those architectural
features proposed for approval by height variations or variances), off-street parking, and
landscaping. Therefore, the site is adequate in size, shape, topography and location to
meet the needs of the proposed use of the property as a drug store with a drive-through
window and a 24-hour business operation.
d. Subject to the proposed conditions of approval, the proposed use of
the property BS a drug store with a drive-through window and a 24-hour business
operation will be compatible with surrounding uses and will not be detrimental to the
surrounding neighborhood. As the shopping center is sufficiently screened from
Bdjoining uses by landscaping and the adjoining uses are a golf course and residential
development, with another shopping center located across Seat Beach Boulevard, staff is
not recommending any specific noise related conditions at this time.
Resolution Number~
e. Required adherence to applicable building and fire codes will
ensure there will be Bdequate water supply Bnd utilities for the proposed use.
Section 6. Based upon the foregoing, the City Council hereby approves
Conditional Use Permit No. 98-16, subject to the following conditions:
1.
CUP 98-16 is approved for a 24-hour drug store operation with a drive-
through window for pharmacy customers only at Bixby Old Ranch Towne
Center (Retait "F'), Lot 8 of Tentative Tract Map No. 15767.
The volume on the drive-through speaker shall be turned down to its lowest
audible levet after 11 :00 P.M.
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3. No food or atcohol may be sold through the drive-through window.
4. No commercial deliveries or trash disposat 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 will prominently display these conditions of approval in a
location' within the business's customer area that is acceptable to the Director
of Development Services.
6. . This Conditional Use Permit shall not become effective for any purpose
unless an "Acceptance of Conditions" form has been signed by the Bpplicant
in the presence of the Director' of Development Services, or notarized and
returned to the Planning Department; and until the ten (10) day appeal period
has elapsed.
7. A modification of this Conditional Use Permit shall be obtained when:
[] The establishment proposes to modify any of its current conditions of
approval.
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[] There is a substantial change in the mode or character of operations of the
establishment.
8. The Planning Commission reserves the right to revoke or modify this
Conditional Use Permit if any violation of the approved conditions occurs,
any violation of the Code of the City of Seal Beach, occurs, or for those
reasons specified by Article 28, and in the manner specified in Article 25, of
Chapter 28 of the Code of the Citv of Seal Beach.
9. In the event staff determines that 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.
10. The establishment shall have a public telephone listing.
11.
The establishment shall comply with Section 13D, "Noise Control" of the
Code of the City of Seal Beach 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 requirl; the
applicantlbusiness operator to mitigate the noise level to comply with the
provisions of Chapter 13D.
12. This Conditionat 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.
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Resolution Number~j1~~
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13.
The term of this permit shall be for twelve (12) months (At the end of the
initial twelve (12) month review. period the applicant shall submit an
application for renewal of the use, along with fees and required property
ownerlresidents mailing labels to the Department of Development Services).
At the end of this initiat review period the Commission shall review the use a
public hearing and may extend the permit indefinitely, provided all conditions
of approval have been satisfied and no extraordinary demand for law
enforcement services occurs with respect to the subject property, or other
significant problems associated with the drive-through use Brise. If at any time
the Commission determines negative impacts on surrounding land uses
associated with the drive-through use of the property sre irresolvable the
Commission may revoke this permit thereby terminating 24 hour business
operations and/or drive-through privileges for the drugstore.
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PASSED, APPROVED AND ADOPTED by the City ~~qncil of the City of Seal
Beach at a g thereof eld on the ~~~ day of
, 1999, by the following vote:
AYES:
Councilmemb
NOES:
Councilmembers
ABSENT:
Councilmember
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ATIEST:
STATE OF CAUFORNlA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number m ~ on file in
the office of the City Clerk, passed, approved, and adopted by the it}' ouncil of the
CUyof~'''r__hddOO1he 021~.,L..,
of Jut, 1999.
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Resolution Number J/1~ 1
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
'1 am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled malter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
;:,..Orange and which newspaper has
;been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under t.he date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
elates, to-Wit:
A-~;u~'r 1<"2-
all in the year 1999.
I cerllfy (or declare) under penalty of
perjury that the foregoing is true and
corlecl
Dated at Seal Beach, CA,
this~day of ruG...) J,-, 1999.
A~
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Signature
PUBLICATION PROCESSED I:3Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
This space is for the County
Clerk's Filing Stamp
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Proof of Publication of
NOTICE OF PUBUC HEARING - L Conditional Use Permit 98-15 _ ~
Mamon Hl1fOr care Iact/Ity
NOnCE IS HEREBY GIVEN tMtln M. Eucalyptus Tree Permit 99-1 _
eccorcllmce with the August 3. 1811 Removal of eucalypws trees wlth-
Writ at Mand.'. Is.ued by tb In Areas -N and S" (commerc'BI
Orange County Superior Court.lhl development areas)
City Council of the City of S..I I
Beach will hold. public hHrlng on N Vesllng TenlBl,ve Tract Map No.
Monday, Augus. 23, 1999 at 1:00 15797 - 75-101 r88ldenlfal subdt-
p m In the City Council Chambers. VISIOn
211 EIghth Street. Su' EIetIch. e.1- O. CondrllonaJ Use Permit 99-5 _ Off. .
tfomla to: grerTNSB alcohol sales at Sav-On
1 ConsIder R8VISIOOS to the Bixby Old rug
Ranch Town. Center Flnef EIR Prolect Overview: The proposed
(SCH 97091077) - Certtftcabon of nvxed..use project consisls 0' com-
1:1R by City Council, Adoption of merclal, residential. recreallonal,_
Slatement of Ov8mdlng Consider- t InstllUtlonal, and open s~8C9 uses
allons and as preVIOUsly approved Ihe CIty
. f CoUna' In November 199 ,and as
2, ReconSIder descnbed In the RBVIsed EIR under
A. General Plan Amendment 98-1 _ . conslderallOn as part of thiS public
Amendments to various elemenl':' heanng The EIR approval was
of the Genetal Plan to mainlalncon- challenged by several par1Jes and
SlSl.ency belW8en the General Plan -I the CIty has been mstructed by Ihe
and Ihe approved prqect Court 10 set BSlde. vacate, ana void
Resolution No 4660 approved on
1 land Use Elemenl Amendmenl November 23, 1998, cerhfylng the
2 Open space/Conser- Final EIR for the protect, Ih8 NOtIce
val101'l,/AecrutIOn E\ement 01 DetermlnattOn 'lied on Novem-
3 Bicycle Route Element ber 24, 1998: and any and all
4 HOUSIng Element actions 0' any body that rely In
5. CIrculatIOn Element whole or In part on Ihe BIxby Ranch
6, Notse Element EIR, Induellng the Sear Beach Plan.
B. Zone Change 98-1-A1r_d,....* nlng Cammmskm.
10 Zoning Map to melntaln consIs- The site IS approximately 218 acres
tency betw88n the Zaring Map and In size The malor prOjecl compo.
Ihe Gen.. Plan: nents are as follows' (1) 288.987
1 T CI . S~ _ Ban a/ square toot retad shoMlng cenler
. ennl8 u ,.. II' (Development Area '""k); (2) 104
Commercial ((:-2) 10 Pubic mom hotal 15 000 ~.~_ .... 01
Land Use (P.lU\ , . ----..
&___ "A" and "8- . restaurants, 16O-beel senIOr usIIl-
2 08Velopmenll"lf'- - eel IIvfng faci1lry, 5 acres greenbeh
-General Commercial (C-2) (Developmenl Area -B-), (3) 157-
and Recreation-Golf (A-Gllo acre reconflgured prfvale golt
General Commercial (,C-2 course and a prlvale/jJubllc drM~
3 Development Area -C - Gen- range (Development Area -C1; (4)
eral CommerCIal (C.2) and 7!HOt dlbl:hed f'8SIdentlBl sutJdM.
Recreallon--Gon ~-G) 10 sian and 25 acre community park
Recreation Gatt (R.G)_ (Development Area -D1; and (5)
4. Development Area "0' - Gener- deellcalion of eXlSbng 6 '35 Bixby
al ConvnerclBl (c'2) and Old Ranch TenniS Cfub lite 10 City
Recreabon-Golf (R.G) 10 Resl- (DevekJpmenl Area -E1 .
denI1a1 _ Oonsily IRMD) .
C T P at Map N 97 185 Cod. Section.: Section 28-2600
. entallV8 arc 0.' _ Zone Changes
_ parcellzalion of 13 87 -acre c0m-
mercial site Ssdlon 28-2503-2504 - Condlo
bonBI Use Permits
D Tentative Tract Map No. 15787- Section 2B-1803-Planned Sign
parcehzatlDn of 26.045-acre COfJ1oo Program
m81aal shopping cenler Section 28--2317(4) _ Height
E DeveIopmenl AQreemenl- SpGC>: Variations
mea duties atkf responSlbllllf8s of Section 2B-2751-2no _ Devet-
Oly and Bixby Ranch Company 10 opment AgreemenlS
ensure P'OII!CI compIeIlon and c0m-
pliance -VlIIth.. rndJgatlOn measures SectIOn 7D-4 - Euc~plulI Tree
and condil:lons Permlls
F. Site Plan Revlew98-1-Slle plan Chapter 21 -Subdlvfslons
reVIew for 26 045-acre shopping Ap'p1lclnt: Bixby Ranch Company
center dIWelopment Kitchell Deveropmenl Company
G. Condlllona! UI8 Perm1198-18 _ Mamon Sentor' LMng SSMcel
dllve-throUQh Window and 2+hour OWner: BIxby Ranch Company
operallon tOr proposed drug slore Kllchell Devefopment Company
within 26.045-aere shopping coo- Marriott Semor LMng Services
ter Ai the above time and place all Inter-
H CondIt\onal Use P."TlII98-17 - aIled persons may be heard It so
home center and outdoor garden deSIred If you challenge the proposed
center BCbons In court, you may be Ilm/I8d 10
nusfn!1 only th0s8 IssueS ~u or some-
I. SIIe Plan R8Vlsw 98-2 -1nieway one else raised at the pUblic hearing
k1enllflcatJon IIgn' desaibed In !hIS notice, or In wnllen
J. Height Variation 98-5 _ archllec- correspondence delMweel 10 ttle CIty
, turalleatures above 35-1oot height of Seal Beach ai, or prior 10, the puti-
~ IImll _-'- '. De hearing.
-K. Planned Slg" Program 98-1 _ DATEDThIs9lhdayot~ust,1999
overall shopping c~!"er Bign pro. Jo4IM8 M..Yeo, City aersr. .' .
gram . . , Pub8sh8dlnlheJ8a!BeachSUn'JOur-
naI._ iJ.-I'~.qq
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