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HomeMy WebLinkAboutPC Res 20-05 - 2020-04-20RESOLUTION 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 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 Page 2 of 6 Resolution No. 20-5 1101 Pacific Coast Highway 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: Page3of6 Resolution No. 20-5 1101 Pacific Coast Highway 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(Dabc.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 Paqe 4 of 6 Resolution No. 20-5 1101 Pacific Coast Highway 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. Paqe 5 of 6 Resolution No. 20-5 1101 Pacific Coast Highway 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 eAMA0eu- , 1�(,�N�L'jZ c•�/u/�[�1Z , •�%� NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Mariann Klinger ATTEST: Chairperson Les Johnson I ning Commission Secretary Paqe 6 of 6