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HomeMy WebLinkAboutAgenda Packet_04202020CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday,April 20,2020 —7:00 PM ALL COMMISSIONERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE District 1 —Steve Miller District 2 —Ronde Winkler District 3 —Michael Thomas District 4 —Patty Campbell –Chair District 5 —Mariann Klinger Department of Community Development Les Johnson,Community Development Director Steve Fowler,Senior Planner Marco Cuevas Jr.,Assistant Planner Isra Shah,Assistant City Attorney •City Hall office hours are 8:00 a.m.to 5:00 p.m.Monday through Friday.Closed noon to 1:00 p.m.by appointment only. •The City of Seal Beach complies with the Americans with Disabilities Act.If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562)431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD.Telephone:(562)596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at:https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL:The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS:Those members of the public wishing to provide comment are asked to send comments via email to to the City Clerk at gharper@sealbeachca.gov before 7pm on April 20,2020.Comments provided via email will be posted on the City website for review by the public.Any documents for review should be sent to the City Clerk prior to the meeting for distribution.No action can be taken by the Planning Commission on these communications on this date,unless agendized. CONSENT CALENDAR:Consent Calendar items are considered routine items that normally do not require separate consideration.The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. DIRECTOR'S REPORT:Updates and reports from the Director of Community Development (Planning and Building Divisions)are presented for information to the Planning Commission and the public. COMMISSION CONCERNS:Items of concern are presented by the Planning Commissioners and discussed with staff. SCHEDULED MATTERS:These items are considered by the Planning Commission separately and require separate motions.These transactions are considered administrative and public testimony is not heard. PUBLIC HEARING ITEMS:Public Hearings allow citizens the opportunity to speak in favor of or against agendized items.More detailed information is found in the actual agenda attached.If you have documents to distribute,you please email them to the City Clerk at gharper@sealbeachca.gov before 7pm on April 20,2020.The documents become part of the public record. All proceedings are recorded. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE PLANNING COMMISSION MEETING To comply with Governor Newsom’s Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18,2020 the City of Seal Beach hereby gives notice of the “means by which members of the public may observe the meeting and offer public comment”for the Planning Commission meeting on April 20,2020.Due to the need for social distancing and the prohibition on public gatherings set forth in the County Health Officer’s Order,all participation in the above-referenced Planning Commission meeting will be by teleconference for the Commissioners,staff,and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. PUBLIC COMMENT:Members of the public may submit comments on any item ON this Planning Commission meeting agenda only via email to the City Clerk at gharper@sealbeachca.gov.All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Commissioners.Email comments received after that time will be posted on the City’s website and forwarded to the Commission after the meeting. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda,re-arrange the order of the agenda,and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. PUBLIC COMMUNICATIONS (VIA EMAIL ONLY) At this time members of the public may address the Commission regarding the items on this Planning Commission meeting agenda.Pursuant to the Brown Act,the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov before 7:00 pm on April 20,2020.Comments provided via email will be posted on the City website for review by the public.Any documents for review should be sent to the City Clerk prior to the meeting for distribution. CONSENT CALENDAR A.Approval of the February 18,2020 Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS B.Minor Use Permit MUP 20-3 51 Riversea Road Applicant:Bruce Grossman Request:Request for a Minor Use Permit (MUP 20-3)to allow a two-story manufactured home within Seal Beach Shores located in the Residential High Density (RHD-33)zoning areaHigh Density (RHD-33)zoning area Recommendation:After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No.20-4,APPROVING Minor Use Permit 20-3 with Conditions PUBLIC HEARINGS C.Conditional Use Permit CUP 05-3 IE 1101 Pacific Coast Highway Applicant:Christina Meza/Von’s/Albertsons Request:Request for Conditional Use Permit CUP 05-3 IE an indefinite extension of a previously approved Conditional Use permit for an existing Pavilions supermarket with a Type 21 (Off-Sale General)alcohol license located at 1101 Pacific Coast Highway within the Specialty Commercial (SC)zoning area. Recommendation:After reviewing the application,staff recommends that the Planning Commission adopt Resolution No.20-5,APPROVING Conditional Use Permit 05-3 IE. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday,May 4,2020 at 7:00 p.m. 5 4 8 PLANNING COMMISSION STAFF REPORT DATE:April 20, 2020 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Les Johnson, Community Development Director SUBJECT:Approval of the February 18, 2020 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on February 18, 2020 Prepared by: Approved by: Gloria D. Harper Les Johnson Gloria D. Harper Les Johnson City Clerk Director of Community Development Attachment: 1. February 18, 2020 Minutes City of Seal Beach – Planning Commission February 18, 2020 Chair Klinger called the regular meeting of the Planning Commission to order at 7:04 p.m. in the City Council Chambers. Commissioner Campbell led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Klinger, Winkler Absent: Thomas, Miller Staff Present: Isra Shah, Assistant City Attorney Les Johnson, Community Development Director Steven Fowler, Senior Planner Marco Cuevas, Jr., Assistant Planner Gloria D. Harper, City Clerk APPROVAL OF AGENDA Motion by Campbell, second by Klinger, to approve Agenda. AYES: Klinger, Campbell, Winkler NOES: None ABSENT: Miller, Thomas ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Klinger opened oral communications. Speakers: There were no speakers. Chair Klinger closed oral communications. CONSENT CALENDAR A. Approval of December 2, 2019 Minutes B. Approval of February 3, 2020 Minutes The Consent Calendar items were tabled to the next meeting due to the lack of a quorum as the newest Commissioner could not vote on these items. CONTINUED ITEMS - None SCHEDULED MATTERS - None NEW BUSINESS - None PUBLIC HEARINGS C. Conditional Use Permit (CUP 19-8) 15 1st Street Applicant: Tom Rowe Request: Request for a Conditional Use Permit (CUP 19-8) to allow a modified floor plan and elevations for a proposed restaurant with an outdoor eating area and an existing Type 47 (on-Sale General) alcohol license and increased operating hours (7a.m. to 10 P.m.) 7 days a week. The restaurant is located within the Beach (BEA) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 20-2, APPROVING Conditional Use Permit 19-8 with Conditions. Senior Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Klinger opened the public hearing. Speakers: Tom Rowe and C.M. Carson. Chair Klinger closed the public hearing. Motion by Campbell, second by Winkler to adopt Resolution No. 20-2 APPROVING Conditional Use Permit 19-8 with Conditions. AYES: Campbell, Klinger, Winkler NOES: None ABSENT: Thomas, Miller ABSTAIN: None Motion Carried Assistant City Attorney Isra Shah noted that the ten-day appeal period starts tomorrow. Questions from Commissioners Campbell and Winkler and Chair Klinger were answered by Senior Planner Fowler, Tom Rowe and C.R. Carson. A discussion ensued. DIRECTOR’S REPORT Community Director Les Johnson officially introduced himself and offered himself and staff as a resource to the Commissioners. He also offered comments about the Community Pool Workshop that was held on February 13th; announced that the next Community Pool Workshop is scheduled for Saturday, February 22, 2020 at 10:00 a.m. at McGaugh Pool; and, encouraged the Commissioners to attend. COMMISSION CONCERNS Commissioner Campbell thanked past Commission Aguilar for his time on the Planning Commission. She also welcomed Commissioner Winkler to the Planning Commission. ADJOURNMENT Chair Klinger adjourned the Planning Commission meeting at 7:30 p.m. to Monday, March 3, 2020 at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Mariann Klinger, Chair Attest: ____________________________ Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE:April 20, 2020 TO:Planning Commission THRU:Les Johnson, Community Development Director FROM:Marco Cuevas Jr., Assistant Planner SUBJECT:Request for a Minor Use Permit (MUP 20-3) to allow a two-story manufactured home within Seal Beach Shores located in the Residential High Density (RHD-33) zoning area LOCATION:51 Riversea Road APPLICANT:Bruce Grossman RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 20-4, APPROVING Minor Use Permit 20-3 with Conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE:RHD-33 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 8950-166-051 LOT AREA: 1,219 SQ. FT. GROSS FLOOR AREA: 1,320 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-33) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-33) EAST: RESIDENTIAL HIGH DENSITY (RHD-33) WEST: CITY OF LONG BEACH ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 and Class 3 (New Construction of Small Structures) pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the removal of an existing manufactured home and installation of a new two story manufactured home in the same location. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on April 9, 2020 and mailed to property owners and occupants within a 300’ radius of the subject property on April 9, 2020, with affidavits of publishing and mailing on file. . VICINITY MAP: AERIAL MAP: ANALYSIS Bruce Grossman (“applicant”) filed an application for Minor Use Permit 20-3 requesting approval for installation of a two-story manufactured home within Seal Beach Shores. The subject site is located on the west side of Riversea Road. The lot is proposed to be developed with a two-story manufactured residence. The subject site is located in the Residential High Density (RHD-33) zoning area and is surrounded by residential uses on three sides with the San Gabriel Riverbed to the west. The subject property is located in the Seal Beach Shores Mobile Home Park and is currently occupied by a single story manufactured home which will be removed and replaced with a new two-story manufactured home in the same location. Seal Beach Shores is primarily regulated by provisions set forth in Title 25 of the California Administrative Code, which requires review and approval from the California Department of Housing and Community Development. Development or improvements within Seal Beach Shores are not typically brought to the Planning Commission for review as long as they comply with the regulations set forth in Title 25 of the California Administrative Code. However, the Seal Beach Municipal Code (SBMC § 11.2.05.015.S) requires approval of a Minor Use Permit for the installation of a two-story manufactured residence to ensure consistency with applicable land use requirements. The Municipal Code requires that any proposed two-story manufactured residence: 1. Shall not exceed 25 feet in overall height, with the area between 20 feet and 25 feet to consist entirely of roofing; 2. Shall not include any decks or balconies above the floor level of a second story; 3. Provides a safety sprinkler system throughout; 4. Is constructed with fire rated construction; and 5. Complies with the setback and clearance requirements set forth in Title 25 of the California Administrative Code. The applicant has submitted plans to show that the proposed two-story manufactured residence will not exceed a maximum height of 25 feet, as the unit will be 24.25 feet in height measured from grade. The proposed plans show that the top portion of the elevation will consist of roofing materials with no decks above the second story. Decks are proposed on the first and second floors of the unit at the rear (west side) of the residence. The proposed two-story manufactured home will be in compliance with setbacks and clearances in accordance with Title 25, California Administrative Code as required by the Seal Beach Municipal Code. In addition, the manufactured home has been approved by the California Department of Housing and Community Development (“HCD”), including the requirement that the manufactured home comply with all regulations set forth in Title 25 of the California Administrative Code as required by HCD and the Building Division, and all other applicable state and local codes. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 20-4 approving MUP 20-3 to permit the installation of a two-story manufactured home at 51 Riversea Road. Prepared by: Marco Cuevas Jr. Les Johnson_______________ Marco Cuevas Jr. Les Johnson Community Development Department Director of Community Development Attachments: 1. Resolution No. 20-4 – A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 20-3, to allow the installation of a two-story manufactured home at 51 Riversea Road located in the Residential High Density (RHD-33) zoning area. 2. Project architectural plans. RESOLUTION NO. 20-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 20-3 TO ALLOW THE INSTALLATION OF A TWO- STORY MANUFACTURED HOME LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-33) ZONING AREA AT 51 RIVERSEA ROAD. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Bruce Grossman (“applicant”), submitted an application to the Community Development Department for Minor Use Permit 20-3. The proposed project includes the installation of a two-story manufactured home located in the Residential High Density (RHD-33) zoning district within the Seal Beach Shores Mobile Home Park. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 and Class 3 (New Construction of Small Structures) pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the removal of an existing manufactured home and installation of a new two story manufactured home in the same location. Section 3. A duly noticed public meeting was held before the Planning Commission on April 20, 2020 to consider Minor Use Permit 20-3. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 20-3 for a proposed project at 51 Riversea Road, Seal Beach, California. B. The subject site is a rectangular shaped lot, of approximately 1,219 square feet per assessor’s records. The subject site is located on a larger parcel consisting of similar shaped lots that make up the Seal Beach Shores community. The lot is approximately 26.5 feet wide by 46 feet deep. The lot is surrounded by residential uses, consisting of manufactured homes, on three sides with the San Gabriel River to the west. C. The subject property is currently developed with a one-story manufactured home which will be removed and a new two-story manufactured house is proposed to be installed. The proposed two-story manufactured residence will not exceed the maximum building height of 25 feet, as measured from grade, and will not contain a roof deck with only roofing materials being provided between the 20 foot and 24.25 foot height of the structure. D. The Seal Beach Municipal Code (SBMC § 11.2.05.015.S) requires approval of a Minor Use Permit to install a two-story manufactured house. Resolution 20-4 51 Riversea Road Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Planning Area 2 while ensuring compatibility between residential and commercial uses. The proposed installation of the two-story manufactured home will be compatible with the architectural style of surrounding buildings will not change the character of the property, will maintain all requirements of the zoning area, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the RHD-33 zone, an area where the Seal Beach Municipal Code (SBMC § 11.2.05.015.S) allows installation of a two- story manufactured home with approval of a Minor Use Permit. The proposed two-story mobile home has been approved by the California Department of Housing and Community Development (“HCD”), including the requirement that the manufactured home will comply with all regulations set forth in Title 25 of the California Administrative Code as required by HCD and the Building Division. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a single-story manufactured home. The proposed installation of a two-story manufactured home will maintain development standards applicable to the RHD-33 zone and Title 25 of the California Administrative Code. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD-33 zone, which consists of properties developed as single family and multi-family residences. The improvement will not change existing operating characteristics of the lot, and will remain similar to surrounding uses throughout the Seal Beach Shores Mobile Home Park in the RHD-33 zoning area. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 20-3 for the proposed installation of a two-story manufactured home is subject to the following conditions: 1. Minor Use Permit 20-3 is approved for the installation of a two-story manufactured home located at 51 Riversea Road. Resolution 20-4 51 Riversea Road 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 20-3. All new construction shall comply with all applicable provisions of Title 24 of the California Administrative Code and all other applicable state and local codes. 3. The applicant is required to obtain all HCD permits and other Building and Safety permits prior to demolition or construction. 4. The applicant is required to obtain Coastal Commission approval prior to Building Department plan check submittal. 5. Approval shall be subject to compliance with all applicable portions of Title 25 of the California Administrative Code and California Building Code. 6. A life safety sprinkler system shall be installed throughout the two-story manufactured home in accordance with the requirements set forth in Title 25 of the California Administrative Code and the California Building Code. 7. The applicant shall obtain authorization from the appropriate flood control district prior to installation of fences, decks, stairs, of other landscape treatments within the San Gabriel River flood control easement area. Evidence of such authorization shall be provided to the City prior to issuance of any permits for construction in the easement area. 8. This Minor Use Permit shall not become effective for any purpose unless an “Acceptance of Conditions” form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 9. The applicant shall indemnify, defend and hold harmless the 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 Minor 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. Resolution 20-4 51 Riversea Road PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 20, 2020, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Mariann Klinger Chairperson ATTEST: __________________________ Les Johnson Planning Commission Secretary RIVERSEA ROADSANGABRIELRIVER PLANNING COMMISSION STAFF REPORT DATE:April 20, 2020 TO:Planning Commission Thru: FROM: Les Johnson, Director of Community Development Steve Fowler, Senior Planner SUBJECT:Request for Conditional Use Permit CUP 05-3 IE, an indefinite extension of a previously approved Conditional Use permit for an existing Pavilions supermarket with a Type 21 (Off-Sale General) alcohol license located at 1101 Pacific Coast Highway within the Specialty Commercial (SC) zoning area. LOCATION:1101 Pacific Coast Highway APPLICANT:Christina Meza/ Von’s/Albertsons RECOMMENDATION:After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 20-5, APPROVING Conditional Use Permit 05-3 IE with conditions. GENERAL PLAN DESIGNATION: COMMERCIAL SERVICE ZONE:SC ( SERVICE COMMERCIAL) SITE DESCRIPTION: ASSESSOR’S PARCEL NUMBER: 043-260-05 LOT AREA: 306,627 square feet GROSS FLOOR AREA: 48,666 square feet SURROUNDING PROPERTIES: NORTH: Residential Low Density (RLD-9) SOUTH: General Commercial (GC) EAST: Residential Low Density (RLD-9) WEST: General Commercial (GC) ENVIRONMENTAL ASSESSMENT Environmental Review: This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the sale of general alcohol for off-site consumption at an existing supermarket, involving negligible or no expansion beyond the existing use. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on April 9, 2020 and mailed to property owners and occupants within a 500’ radius of the subject property on April 9, 2020, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: BACKGROUND The market originally opened in 1966 as a Safeway market and remodeled in 1975. In October of 1988 the Planning Commission approved Conditional Use Permit 88-10 to allow the transfer of an existing off-sale liquor license. An indefinite Extension of Conditional Use Permit 88-10 was approved October 18, 1989. On December 7, 2005, the Planning Commission held a public hearing and approved Conditional Use Permit (CUP 05-3) for a market with a Type 21 (Off-Sale General) alcohol license at 1101 Pacific Coast Highway. The Planning Commission approved Resolution 05-13 with conditions to return to the Planning Commission within one year of opening for an indefinite extension. The market opened almost three years later after the construction of a new building, in April 2008, and has been in operation with minimal calls for service from the Seal Beach Police Department since that time. The alcohol license has been in good standing since it was approved in 2005, however, to date, the Applicant has not obtained an indefinite extension of the CUP. ANALYSIS The subject property is located on the north side of Pacific Coast Highway at 1101 Pacific Coast Highway in the Service Commercial (SC) zone. The property is developed with a multi-tenant shopping center approximately 306,627 square feet in size referred to as the Seal Beach Center. The center is anchored by a Pavilions supermarket and a CVS drug store. There are single- family residences located to the north and east of the commercial center with commercial and residential uses to the south and west across Pacific Coast Highway. Christina Meza on behalf of Von’s Albertsons (“the Applicant”) seeks approval of an indefinite extension of CUP 05-3 for a Type 21 (Off-Sale General) alcohol license to sell beer, wine and distilled spirits for off premise consumption. The Applicant will continue to operate as a supermarket within the existing 48,666 square foot print of the existing building. The operating hours will continue to be from 5 a.m. to 12 a.m., 7 days a week. The existence of the supermarket within the shopping center meets the City’s goals for Service Commercial Land Uses. Specifically, the General Plan encourages commercial areas to provide a broad range of retail and service needs for the community in these areas. With the continued use of the subject site as a supermarket along with the off-site sell of beer, wine and distilled spirits, the supermarket can continue to offer its customers a wider range of beverages. Staff has reviewed and updated the conditions of approval to ensure the use will continue to operate in harmony with the adjacent neighborhood. City of Seal Beach Municipal Code Section 11.4.05.015 requires that each alcoholic beverage establishment obtain approval of a CUP prior to issuance of an Alcoholic Beverage Control (ABC) License from the State of California. Additionally, the City of Seal Beach requires any new alcohol licenses issued to be compliant with Seal Beach Council Policy 600, which requires establishments to be 100 feet away from residential areas. The subject establishment currently measures approximately 70 feet away from the nearest residential property to the east, however, this is not a new retail license and has been in in compliance since 1988. Policy 600 has a provision that the 100 feet conditions does not apply if the alcohol license is existing. Given that this existing use has generated minimal calls for service from the Seal Beach Police Department over the years, staff recommends that the Planning Commission approve the indefinite extension, subject to the updated conditions incorporated into the draft Resolution. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 20-5 APPROVING Conditional Use Permit CUP 05-3 IE to permit the indefinite extension of a Type 21 (Off-Sale General) alcohol license in conjunction with a supermarket. Prepared by: Steve Fowler Les Johnson____________ Steve Fowler Les Johnson Community Development Department Director of Community Development Attachments: 1. Resolution No. 20-5 – A Resolution of the Planning Commission of the City of Seal Beach, Approving Conditional Use Permit 05-3 IE to permit the indefinite extension of a Type 21 (Off-Sale General) alcohol license in conjunction with a supermarket. 2. Site Plan and Floor Plans 3. Resolution 05-03 RESOLUTION 20-5 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING AN INDEFINITE EXTENTION OF CONDITIONAL USE PERMIT 05-3 IE TO ALLOW A TYPE 21 (OFF-SALE GENERAL) ALCOHOL LICENSE FOR AN EXISTING VON’S PAVILIONS SUPERMARKET LOCATED AT 1101 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1.Christina Meza on behalf of Von’s/Albertsons (“Applicant”) submitted an application to the City of Seal Beach Department of Community Development for indefinite extension of previously approved Conditional Use Permit (CUP) 05-3 to allow a Type 21 (Off-Sale General) alcohol license at an existing supermarket located at 1101 Pacific Coast Highway (“subject property”), which is located within the Specialty Commercial (SC) zoning district. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the sale of general alcohol for off-site consumption at an existing supermarket, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on April 20, 2020 to consider the application for an indefinite extension of CUP 05-3. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject property is located on the north side of Pacific Coast Highway at 1101 Pacific Coast Highway in the Service Commercial (SC) zone. The property is developed with a multi-tenant shopping center approximately 306,627 square feet in size referred to as the Seal Beach Center. The center is anchored by a Pavilions supermarket and a CVS drug store. There are single-family residences located to the north and east of the commercial center with commercial and residential uses to the west and south across Pacific Coast Highway. B. The proposed indefinite extension of Conditional Use Permit 05-3 IE for the continued supermarket use with a Type 21 (Off-Sale General) alcohol license for beer, wine and distilled spirits is maintaining the footprint of the existing commercial retail structure. The original approval of CUP 05-3 on December 7, 2005 by the Planning Commission was held at a public hearing and approved by Resolution 05-13. Section 4. Based upon the facts contained in the record, including those stated in the preceding Sections of this Resolution, and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: Resolution No. 20-5 1101 Pacific Coast Highway Page 2 of 6 A. The proposed indefinite extension of the alcohol license in conjunction with a supermarket is consistent with the General Plan. The General Plan specifies that the Service Commercial Land Uses designation encourages commercial areas to provide a broad range of retail and service needs for the community. With the continued use of the subject site as a supermarket along with the off-site sell of beer, wine and distilled spirits, the supermarket can continue to offer its customers a wider range of beverages. B. The proposed use complies with applicable provisions of the Municipal Code. The Municipal Code allows for a Type 21 (Off-Sale General) alcohol license at a supermarket with approval of a Conditional Use Permit that is in compliance with the approved site plan, floor plan, and elevations. The supermarket will continue to be operated in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed use. The use within the existing supermarket does not require additional parking. The subject site is considered in compliance with all parking requirements because the site is not expanding and the current footprint will not expand. D. The location, size, design, and operating characteristics of the continued use of a supermarket with the previously approved alcohol license would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The use has been in existence since 1966 when the market originally opened and was modified in 2005 to the current 48,666 square feet floor plan. Conditions have been imposed to ensure the proper sell of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). E. The establishment, maintenance, and operation of the super market with the continued Type 21 (Off-sale general) alcohol license would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The indefinite extension of the Type 21 alcohol license has sufficient conditions imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. F. The subject site is located in Seal Beach Center. The City of Seal Beach Municipal Code, Section 11.4.05.015 requires each alcoholic beverage establishment to obtain approval of a CUP prior to issuance of an Alcoholic Beverage Control (ABC) License from the State of California. Additionally, the City of Seal Beach requires any new alcohol licenses issued to be compliant with Seal Beach Council Policy 600, which requires establishments to be 100 feet away from residential areas. The subject establishment currently measures approximately 70 feet away from the nearest residential property to the east but this is not a new retail license and has been in in compliance since 1988. Policy 600 has a provision that the 100 feet conditions does not apply if the alcohol license is existing. The applicant will be required to comply with all conditions placed on the prior business. G. The noise levels generated by the operation of the site would not exceed the level of background noise normally found in the area as there will be normal Resolution No. 20-5 1101 Pacific Coast Highway Page 3 of 6 noises associated with parking areas. In the event that complaints are received in the future, the Planning Commission reserves the right to reconsider the operation of the business and the conditions of approval. Section 5. Based upon the foregoing, the Planning Commission hereby approves the indefinite extension of CUP 05-3 IE to approve an indefinite extension of a previously approved Conditional Use permit for an existing Von’s Pavilions supermarket with a Type 21 (Off-Sale General) alcohol license to sell beer, wine and distilled spirits for off premise consumption, at 1101 Pacific Coast Highway, subject to the following conditions. 1. Conditional Use Permit 05-3 IE is approved to approve an indefinite extension of a previously approved Conditional Use permit for an existing Von’s Pavilions supermarket with a Type 21 (Off-Sale General) alcohol license to sell beer, wine and distilled spirits for off premise consumption located at 1101 Pacific Coast Highway. 2. The applicant shall comply with all restrictions placed upon the license by the State of California Department of Alcoholic Beverage Control (ABC). In connection with the City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code §2300 to §2600, including but not limited to Rule 61.3(a) and 61.4. 3. The applicant shall furnish the City a copy of his ABC license and a copy of the 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. 4. The premises of the supermarket must remain in, and be operated in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department date stamped February 2020, and the terms of the lease agreement between the City and the applicants. No modification to the exterior of the structure is permitted by this approval. 5. The hours of operation shall be limited to 5:00 A.M. to 12:00 A.M. seven days a week. 6. All conditions of Resolution 05-13 are still valid unless in contradiction of conditions in this resolution. 7. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 8. 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. 9. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not limited to the following topics and skills development: Resolution No. 20-5 1101 Pacific Coast Highway Page 4 of 6 o State Law relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation and penalties for violation of these laws. o The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. o Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. o Methods of dealing with intoxicated customers and recognizing under age customers. 10. The following organizations provide training programs, which comply with the above criteria: o Department of Alcoholic Beverage Control License Education on Alcohol & Drugs (LEAD) Training (714) 558-4101 or Leadinfo@abc.ca.gov o Orange County Health Care Agency Alcohol & drug Education Prevention Team (ADEPT) Serving Alcohol Responsibly (BARCODE) (714) 834-2860 11. Loading dock areas shall not be utilized between the hours of 9:00 p.m. and 7:00 a.m. Deliveries to the premises are prohibited during those hours. 12. There shall be no dumping of trash outside and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 13. Alcohol shall not be sold between the hours of 2:00 a.m. and 6:00 a.m. as per ABC regulations. 14. No lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 15. The establishment must comply with Chapter 7.15 “Noise” of the City of Seal Beach Municipal Code. 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. 16. Any proposed alterations or upgrades to the supermarket including, without limitation, construction of interior tenant improvements, will require review and approval from the City of Seal Beach Planning Division. Other City approvals Resolution No. 20-5 1101 Pacific Coast Highway Page 5 of 6 may be required depending on the extent of the proposed alterations and upgrades. 17. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to change its permitted hours of operation. c. The establishment proposes to modify any of its current Conditions of Approval. d. There is a substantial change in the mode or character of operations of the establishment. 18. 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 Municipal Code to require the provision of additional security measures. 19. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, harm or operational problems such as criminal or anti-social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. 20. The establishment shall have a public telephone listing. 21. Litter and trash receptacles shall be located at convenient locations inside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 22. All alcoholic beverages sold in conjunction with the off-premises licensed establishment must be consumed entirely off the premises. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. 23. The applicant will prominently display these Conditions of Approval in a location within the businesses’ customer area that is acceptable to the Community Development Director. 24. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 25. This CUP shall not become effective for any purpose unless/until a City “Acceptance of Conditions” form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 26. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 27. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. Resolution No. 20-5 1101 Pacific Coast Highway Page 6 of 6 28. This CUP shall become null and void unless exercised within one 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 Community Development Department at least ninety days prior to such expiration date. 29. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively “the City” hereinafter in this paragraph) 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. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 20, 2020, by the following vote: AYES: Commissioners _________________________________________ NOES: Commissioners _________________________________________ ABSENT: Commissioners _________________________________________ ABSTAIN: Commissioners _________________________________________ _________________________________ Mariann Klinger ATTEST: Chairperson _________________________________ Les Johnson Planning Commission Secretary RESOLUTION NO. 05-13 OR/6//11 1114( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-3 FOR A NEW MARKET WITH ALCOHOL SALES AND 24-HOUR OPERATIONS AT 1101 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Von's Pavilions Market is proposed to be approximately 48,000 square feet in the Seal Beach Center at 1101 Pacific Coast Highway, Seal Beach. Section 2. The City's environmental consultant has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 05-5 ended on November 14, 2005. The environmental consultant has prepared a "Response to Comments" document that addresses all issues raised during the public comment period have been evaluated and has determined no significant impacts have been raised. Section 3. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway. Section 4. On December 7, 2005, the Planning Commission adopted Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway through Resolution 05-67. Section 5. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Conditional Use Permit 05-3 for a market with alcohol sales and 24-hour operations at 1101 Pacific Coast Highway. Section 6. The Planning Commission received into evidence the Staff Report of December 7,2005, along with all attachments thereto, and considered all public testimony presented. Z \My Documents\RESO\CUP 05-3 VONS 1101 PCH PC RESO\LW\12-09-05 Planmng CommIssion ResolutIOn 05-13 ConditIOnal Use PermIt 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 Section 7. The Planning Commission made the following findings regarding Conditional Use Permit 05-3 and determined the proposed project is consistent with the General Plan: a) Conditional Use Permit No. 05-3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits the off-sale service of alcoholic beverages and 24-hour business operations subject to the issuance of a Conditional Use Permit. The use 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. Accordingly, the proposed use is consistent with the General Plan. b) The building and property at 901 - 1101 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. c) The off-premises sale of beer, wine and distilled spirits and the 24- hour operations, if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential properties. d) The subject property has been developed as a market since 1966. NOW, THEREFORE BE IT RESOLVED, that based upon the foregoing the Planning Commission hereby approves Conditional Use Permit No. 05-3, subject to the following conditions: 1. Conditional Use Permit 05-3 is approved for a new market. The permitted use allows the sale of beer, wine and distilled spirits for off-premises consumption and 24-hour operations. 2. All construction must be in substantial conformance to the plans approved by Planning Commission for Conditional Use Permit 05-3. 3. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 4. The applicant shall furnish the City a copy of the 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. 5. The hours of operation shall be: 24 Hours Daily. CUP 05-3 VONS 1101 PCH 2 Planmng CommIssion Resolution 05-13 CondItIOnal Use PermIt 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 6. Loading dock areas shall not be utilized between the hours of 9:00 PM to 6:00 AM. Deliveries shall not be permitted during those hours 7. Alcohol shall not be sold between the hours of 2:00 a.m. and 6:00 a.m., as per ABC regulations. 8. No video games or similar amusements shall be permitted on the premises. 9. No lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 10. 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. 11. 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 conditions of approval. c) There is a substantial change in the mode or character of operations of the establishment. 12. The establishment shall have a public telephone listing. 13. 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 alcoholic 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 legal 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. 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. CUP 05-3 VONS 1101 PCH 3 Planmng CommISSIOn ResolutIOn 05-13 CondItIOnal Use Permu 05-3 1101 Pacific Coast Highway (Vons) December 7, 2005 14. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: a) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone: (714) 558-6482 b) 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 15. 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 health 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. 16. 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. 17. The loading dock shall be fully enclosed in a manner architecturally compatible with the building design. Prior to issuance of building permits, the project developer shall prepare plans, to be approved by the Director of Development Services. The recycling facility shall be located within the loading dock area. 18. All trash enclosures for the market shall be placed within the loading dock area. 19. For the two comers at Bolsa Avenue at Pacific Coast Highway and Balboa Drive at Pacific Coast Highway, enhanced landscaping with minimum 48-inch box trees shall be provided, to be approved by the Director of Development Services prior to issuance of building permits. 20. City identification entry signs shall be included in the two enhanced corner treatments at Bolsa at Pacific Coast Highway and Balboa at Pacific Coast Highway, to be approved by the Director of Development Services prior to issuance of building permits. Signs should be similar in design to those installed in conjunction with development at 347 Main Street at the southwest corner of Main Street and Pacific Coast Highway. 21. Landscaping shall include pavers surrounding trees every 15-feet on center on the public right-of-way on the south side of Bolsa Avenue. Final paver selection and installation shall be approved by the Director of Public Works/City Engineer. CUP 05-3 VONS 1101 PCH 4 Plannmg CommissIOn ResolutIOn 05-13 CondItIOnal Use PermIt 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 22. Sod shall be planted in the street parkways on both sides of Bolsa Avenue; the south side shall be permanently maintained by the shopping center. The final planting plan shall be approved by the Director of Public Works/City Engineer. 23. Repair damaged curb/gutter/sidewalk on Pacific Coast Highway, Bolsa Avenue and Balboa Avenue as directed by the Director of Public Works/City Engineer. A plan for the locations and construction shall be submitted by the applicant for approval by the Director of Public Works/City Engineer. 24. The applicant shall obtain necessary approvals for the project from the California Department of Transportation (CalTrans). 25. Landscaping arId perimeter trees shall be planted in accordance with a plan prepared by the developer to be approved by the Director of Development Services. 26. All missing trees within public rights-of-way shall be replaced with palm trees of equal size or equivalent as approved by the Director of Public Works/City Engineer. 27. Prior to the issuance of building permits, the project developer shall provide a water plan for approval by the Public Works Department, including the following: a. Demolish existing 8-inch market fire service and vault. b. Install new USC approved double check detector assembly for new market, and for any other building requiring a fire service. Note proximity to existing fire hydrants. c. Demolish all abandoned water services at the corporation stop on the City water mainline. d. All new and existing water meters to be installed or relocated out of driveways, alleyways and parking areas. e. Install new USC approved RP backflow on all new commercial services. f. Make provisions with the Public Works Director/City Engineer regarding the 6 inch mainline that is in conflict with the proposed drug store building pad. g. Relocate existing 1 inch and 1 lh inch meter at new electrical room. h. Relocate existing irrigation service and meter, and install new USC approved RP backflow prevention device. 1. Request inspection at least 48 hours in advance of any work to the City's Chief Water Operator for all items listed above. J. All new meter locations must be approved by the Public Works Department. 28. Provide a sewer layout plan for approval by the Public Works Department. CUP 05-3 VONS 1101 PCH 5 Plannmg CommiSSIOn ResolutIOn 05-13 Conditional Use Permit 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 29. Install grease interceptors and sewer facilities in accordance with Section 9.25, Fats, Oil and Grease Management and Discharge Control" of the City of Seal Beach Municipal Code. 30. The project shall comply with all mitigation measures as adopted by Resolution 05-67 (Mitigated Negative Declaration 05-5). 31. The establishment shall comply with Section 7.15, "Noise" ofthe 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. 32. 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 City of Seal Beach. 33. 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 Municipal Code, to require the provision of additional security measures. 34. This Conditional Use Permit shall become null and void unless exercised within one 1) year of the date of issuance of a demolition permit by the Building Department for the structure at 1101 Pacific Coast Highway, 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. 35. 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. 36. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new market. At the end of the initial term, the applicant may apply to the City Planning Commission for an Indefinite Extension of CUP 05-3. The Planning Commission may grant an extension as discussed above, 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 any extensions. CUP 05-3 VONS 1101 PCH 6 Plannmg CommiSSIOn ResolutIOn 05-13 CondItIOnal Use Permit 05-3 1101 Pacific Coast Highway (Vons) December 7, 2005 37. 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 [rom 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of December, 2005, by the following vote: AYES: Commissioners Deaton, O'Malley, Roberts and Shanks NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners Gordon Sanks, Ch an Planning Commission Whittenberg, Secretary Planning Commission CUP 05-3 VONS 1101 PCH 7