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HomeMy WebLinkAboutCC Res 4739 1999-08-23 RESOLUTION NUMBER ~ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 99-5, APPROVING SALE OF LIQUOR IN CONJUNCTION WITH 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: I Section 1. The Planning Commission held a properly noticed public hearing regarding Conditional Use Permit 99-5 on June 9, 1999, and approved the project through the adoption ofPhmning Commission Resolution 99-15. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et aI. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final EIR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR, 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 Initiat Study Bnd a Draft Environmental Impact Report (OEIR), to study the environmentat impacts arising from the proposed Bixby Old Ranch Towne Center Devetopment Plan and related General Plan amendments, including this amendment. The DEIR 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 Locat CEQA Guidelines. Upon completion of the public review period, a Finat 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 EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. I Section 3. The Planning Commission held a properly noticed public hearing regarding Conditional Use Permit 99-5 on June 9, 1999, and approved the project through the adoption of Planning Commission Resolution 99-15. Section 4. The record of the Planning Commission hearing oOune 9, 1999 indicates the following: a. On April 26, 1999 American Stores Properties Inc. (the "Applicant") filed an application with the Department of Development Services for a Resolution Number~ land use entitlement to sell liquor at Site "F" of Bixby Old Ranch Towne Center 26.045- acre commercial shopping center site. b. The proposed drive-through window is located on the west side of the structure facing Seat 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 corner of Seal Beach Boulevard and St. Ctoud Drive, approximately 200 feet to the southwest of the drive-through window. . 1 c. The subject shopping center property contains approximately 14,884 square feet and is located north of St. Cloud Drive on the east side of Seal Beach Boulevard. 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 atong Seal Beach Boulevard, and is approximately 250 feet in depth. d. The subject property is legally described as Tentative Tract Map No. 15767, Lot 8, and is currently located in the General Commercial (C-2) zone. e. Surrounding land uses and zoning are as follows: IJ North - Recently approved 75 single family detached houses to be built in conjunction with recently approved vested tract map. IJ South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. IJ East - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. IJ West - Across Seal Beach Boulevard, in the General I Commercial (C-2) zone is the Rossmoor Center shopping . center development, in the City of Seal Beach. f. 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 of insignificance in relation to this devetopment 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. g. The shopping center development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. h. 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 I that the volume on the speaker system is adjustable. i. Due to traffic generated noises on Seal Beach Boulevar!l 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 ofan adjoining residentiat area. Resolution Number.l/'ffj'1 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: 1 a. Conditional Use Permit No. 99-6, a request to permit for the sale of beer, wine, and liquor in conjunction with the proposed Sav-On Drugstore within the Bixby Old Ranch Towne Center is consistent with the provisions of the Land U~ Element of the City's General Ptan, which provides a "general commercial" designation for the subject property and permits alcoholic beverage sales subject to the issuance of a conditional use permit. The use is atso consistent with the remaining elements of the City's General pian, as the poticies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the Generat Plan. b. Subject to the proposed conditions of approval, the proposed use of the property as a Sav-On Drugstore that sells beer, wine, and liquor in conjunction 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. I 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 as the subject property, directly across Seal Beach Boulevard. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility of the entire 26.045-acre shopping center with adjoining land uses. The subject shopping center development and the site proposed for the drug store development exceeds 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 land use entitlement for the off premises sale of beer, wine, and liquor in conjunction 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 adjoining uses by landscaping and the adjoining uses are a golf course and residential development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time. e. Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the City Council hereby approves Conditional Use Permit No. 99-5, subject to the following conditions: 1. CUP # 99-5 is approved for an alcohol related land use Bt Lot "8" of the Tentative Tract Map of the Bixby Old Ranch Towne Center, Seal Beach. The permitted use allows the sale of beer, wine and distilled spirits for off-premises consumption I 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 3. The applicant shall furnish the City a copy of his ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. Resolution Number~ 4. The hours of operation shall be: Daily 24 Hours 5. Alcohol shall be sold between the hours of 6 AM and 2 AM, as per ABC regulations. 6. No video games or similar amusements shall be permitted on the premises. 7. No lighted signs advertising alcoholic beverages shall be plBCed in the window areas, nor shall any other signs advertising specific brands of atcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation ofthis condition. 1 8. 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. 9. This Conditional Use Permit shall not become effective for any purpose unless an "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) day appeal period has elapsed. 10. A modification of this Conditional Use Permit shall be obtained 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 ofthe establishment. II. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit ifany violBtion of the approved conditions occurs, any violation of the Code of the Citv 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 City of Seal Beach. I 12. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. 13. 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 Seal Beach Municioal Code. to require the provision of additional security measures. 14. The establishment shall have a public telephone listing. IS. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. The knowledge and skills deemed necessary for responsible atcoholic beverage service shall include, but not be limited to the following topics and skills development: a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b) The potential tegal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. I Resolution Number~ c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d) Methods for dealing with intoxicated customers and recognizing underage customers. 16. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: I) Department of Alcoholic Beverage Control L.EAD. Program Telephone: (714) 558-6482 I 2) Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program. Telephone: (714) 568-4187 17. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and the operator of the establishment shall remove trash and debris on an appropriate basis so as not to cause a heatth problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 18. The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. The premises shall include the licensed premises proper, appurtenant and required parking areas, and BPpurtenant common areas if located in a commercial center. .19. No alcoholic beverages shall be sold through the drive through window. I 20. All conditions of CUP 98-16 shall apply. 21. The establishment shall comply with Section BD, ''Noise Control" of the Code of the Citv of Seal Beach as the regulations of that Chapter now exist or mBY 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 BPplicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter 13D. 22. This Conditional Use Permit shall become null and void unless exercised within one (I) 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. I 23. 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, atong with fees and required property owner/residents mailing labels to the Department of Devetopment Services). At the end of this initial review period the Commission shall review the use at 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 arise. If at any time the Commission determines negative impacts on surrounding land uses associated with the drive-through use of the property are irresolvable the Commission may revoke this permit. PASSED, APPROVED AND ADOPfED by the City Co~cil of the City of Seal ""'" ~ ~ hdd '" 1he . ~"-.{. day of 'u-A , 1999, by the following vote: Resolution NUmber~ AYES: Councilmemb NOES: Councilmembers Councilmembers ~ ABSENT: ~~t 1 STATE OF CAliFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yea, City Clerk of Seal Beach, California, do ~ certify that the foregoing resolution is the original copy of Resolution Number ~ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the ""'of~~__hdd"'the ~~'A,c day of L. , 1999. I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange 'I 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 matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the Gity 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 the 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 dates, to-wit: ktkS u ,(<r { <"2- all in the year 1999. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Daled at Seal Beach, CA, this~day of ruG...) .1"'-,1999. A~ , ~ Signature PUBLICATION PROCESSED I:3Y: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 Resolution Number~ This space is for the County Clerk's Filing Stamp Proof of Publication of NOTICE OF PUBUC HEARING - L Condlllonal Us. Permrl98-'5 _ - Marnon 18n10l care facdtty NOnCE IS HEREBY GIVEN Ihlt In M. Eucalyptus Tree Perm,1 99.1 _ accordance wtth the Augult 3, 1St. Removal of eucalyptus frees Wdh. Writ of Mendete I..ued by Ih. In Areas "A" and .S. (commel'CJII Orlmge County Superior Cowt.1hI development areas) City Council or the City of S..I I N V BeBch will hold. public hUrln, on 8sIIng Tentative TrBCI Map No Mond'y. AUBuI123, 18S9 a.:oo 15797 - 75-lot resfdenlfallUbdf_ p.m. In the City Counell Ch.mb..... VIsion 211 Elghlh StTe8l" Sell e.ech, c... . O. Conditional Use Permt 99-5 _ Off- . "omls to: grermse arcohol sales at Sav-On 1 Conslder RevlSIDr18 to Ihe Bixby Old rug Ranch Towne Center Flnar EIR Project 9vervlew: The proposed (SCH 97091077) - C8rt1ficabon of rnlxed-usa prqecI conSlSlI 0' com. EIR by ell)' Council, Adoption of merclal, ralldantlal, recrearlonal,~ Statemenl Of Overriding ConsIder- t InsOtutlonal, and open ~ace use. atlons and al pr8Ylously approved IhB ~ . f Council In November 199 ,and 8!1 2. ReconSider described In the A8VlS8d EIR under A Ganeral Plan Amenctment 98-1 _ . conS<<terabon as pan of Ihls pubHc Amendments 10 various elemenla : I hearmg The EIR approval was oIlhe General Plan 10 rMIn1a1n con- challenged by several parttes and Ststen~ between the General Plan -I the CIty-has been Instructed by Ole d...'"! roved ct CouI1Io sel8SIde. vacate, anlf VOId an lUll app prqe. Resolution No 4660 approved on 1 land Use Element Amendment November 23, 1998. C8~I!1g the 2. Open Space/ConBer- Final EIA for Iha project: Ih8 NOtice vallon/Aecreallon Elemenl of Oelermlnallon filed on Novem- 3. Bicycle RouIB Element ber 24. 199B. Bnd any and all 4 HOUSIng Element actIons of any body that rely In 5. C1lCulatlOO Element whole or II part on th8 ~ Aai1Ch 6 NOise Element EIR, lI'ICIucbng Ihe Seal BeaCh ~ B Zone 01ana8 98-1-AnI8l.dl"",dI mng Commission . to Zoning ~ap 10 maintain conSis- The lite Is approximaIely 218 acres . laney _Iha ZonIng Map and In SI.., The majO' projact oompo- the GenerBl Plan: nenls are as follOWS:*, (288,987 . . uare fool retaif g cern.r 1. Tennis Club SiIe - General (~8Y810pment Ar',' (2) 104 Commarclal ((:-2) 10 Pubic . Land Use fl!llJ\ room hotel, 15,000 square feet of I A_ "A" d "B- . reslllUlants, 160-bed 180101' BISISt. 2. Oevelopmen ",aBl an - ad IMng facility, 5 acre. gte8nbelt - General Commerctal (C-2) (D8V8lopment Area -B1: (3) 157- and RecreatIon-GotI (A-G) to acre r.conflgured privale golf Genet81 CommelClallC-2) cou.... and a pnvate/j:lubllc dnYlng 3 llevelopmant Area"C - Gan- ranga (llevelopmant Area "CJ; (4) eral Commercaal (C-f. and 75-1Ot detac:I1eG reSIdential !lUbdM- , RecrealIon-GoIf FI.G 10 lIOn and 2 5 acre communny Recreation Goff m-G ~ (Development Ar.. .01, anrr:; 4 OeveJopment Area . Gener. dedication of existing 6 735 Bixby BI CommefCIal (C.2) and Old Ranch TenniS crub Site 10 ClI)' Recreallon-Gotf (R-G) 10 Relli- (Development Area -E1 dentlal Medium Oenslty (RMD) C T "- P 1M N 91185 Cod_ Section.: Section 28-2600 . entBt,wa BI'C8 ap a. _ Zone Change. -.......- ~ 13 81..... com. merclal SIte Section 28-2503.2504 - Condl- bonal Use Permlls o Tentative !ract Map No 15767 - Section 28-1803 _ Planned Sign parceJJzatiOn of 28.045-acre com- Program mercial shopping cemer Section 28-2317(4) _ Height E. Development Anreement - Spec- Vanllbons . Ifles dunes ana responSIbilities of Section 28-2751-2nO _ 0eveI. Cdy and BIXby Ranch Con1J~ to opment Agreements ensure JlRlI8cI compSeUon and com. pIIance with HI mIIIgBIIon measures SectIOn 70-4 - Eucalyplus Tree Bnd conditions Permits F Site Plan RevIew 98-1 _ SIIe plan ChaptIN 21 . Subdivisions review tor 28.04S-acr. shoppJng Applicant: Bixby Ranch Company center d8v8f0pmenr f<tk:hsI DeveIopm8nI C: G. Conditional Use Permit 98-18- Marrtoct Senior LMng Se . dnve-through M1dow and 24-hour Owner: Bixby Ranch Company . operation fOr proposed dNg store Kitchell Development Company WIthin 26.045-aCr8 Shopping cen- Maniotl Senior LMng Servtces ler Ai the ebove time and place aD Inter- H Condlltonal Us. Permtt 98-17 - ~all!'d persons may be he.rd.1f 80 home center and outdoor garden desired II you c:f'lllll1II"Il)81he proposed center actlona In court, you may be Imhed to I'IISIng only those Issues you or som.. f. Site Plan ReWew 98-2 - freeway one else rBfsed at the publrc hearfng Id8nbficatJon sign. descnbed In this notICe, or In written J Helghl Verlabon 98-5 _ archltec- correSDondence delver8d to the City ! . Mal featurH abcMt 35-foot height of Sea) Beach ai, or prior to, the put).. : limit .. - lie heanng. "K. Planned Sign Program 98-1 - OATEPThI.9IhdayofAugusl, 1999 overBD shopping center sign pro- Joanne M.-Yeo, CJty CIerIC'. . . . . gram . I PubIIshiiIln~ Beach Sun JoUr. ilaI._. /To/z._"