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HomeMy WebLinkAboutPC Res 00-32 - 2000-09-06 '.~. '. RESOLUTION NUMBER 00-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 00-9, APPROVING SALE OF BEER, WINE, & LIQUOR IN CONJUNCTION WITH A 24-HOUR SUPERMARKET OPERATION ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (DEVELOPMENT AREA "A", RETAIL "E", BIXBY OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 14, 2000, Mark Smith of Kitchell Development (the "Applicant") filed an application with the Department of Development Services for a land use entitlement to sell beer, wine, and liquor in conjunction with a 24 hour Supermarket to be located on Development Area "A", Site "E" of the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and SS II.C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. 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 Local CEQA GuideliIles. Upon completion of the public review period, a Final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticed public hearing was held before the Planning Commission on September 6, 2000, to consider the application for Conditional Use Permit No. 00-9. At the public hearing the applicant spoke in favor of the request, with no persons appearing in opposition to the request. Section 4. the following: The record of the hearing of September 6, 2000 indicates a. On July 14, 2000, Mark Smith of Kitchell Development (the "Applicant") filed an application with the Department of Development Services for a ~- "7 Planning Commission Resolution 00-32 Conditional Use Pennit No. 00-9 Bh:by Old Ranch Towne Center September 6. 2000 land use entitlement to sell beer, wine, and liquor in conjunction with a 24 hour Supermarket to be located on Development Area "A", Site "E" of the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. b. The proposed Supermarket sits on the southeast corner of the property and does not directly face any residential area. 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. Cloud Drive, approximately 650 feet to the southwest of the supermarket. c. The subject shopping center property contains approximately 57, .541 square feet and is located north of St. Cloud Drive on the east side of Seal Beach Boulevard. The subject property is designated as Retail "E" of Development Area "A" of the previously approved Bixby Old Ranch Towne Center Site Plan. d. Surrounding land uses and zoning are as follows: o North - Recently approved 75 single family detached houses to be built in conjunction with recently approved vested tract map. o South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. o East - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. o West -Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. e. The City Council has approved resolutions and adopted ordinances which approve requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses of land set forth in this application for conditional use permit approval. 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 development application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1 (92 mitigation measures), and are incorporated herein by reference. g. The proposed 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. Due to traffic generated noises on Seal Beach Boulevard at the requested hours, and the fact that the nearest residential development is more than 650 feet away, the requested operating hours are appropriate for this site. Pavilion's Market (located along Pacific Coast Highway), which was approved by the Planning Commission for 24-hour operation, is located within 100 feet of an adjoining residential area. Section 5. Based upon the facts contained in the record, including those stated in S4 of this resolution and pursuant to SS 28-1300, 28-2504-2508 of the City's Code, the Planning Commission makes the following findings: 2 ~' ...- Planning Commission Resolution 00-32 Conditional Use Pennit No. 00-9 Bixby Old Ranch Towne Center September 6, 2000 a. Conditional Use Permit No. 00-9, a request to permit for the sale of beer, wine, and liquor in conjunction with the proposed Ralph's market within the Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use Element of the City's General Plan, as recently amended by the City Council, which provides a "general commercial" designation for the subject property and 24-hour business operation subject to the issuance of a conditional use permit. The use is also consistent with the remaining elements of the City's General Plan, 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. Subject to the proposed conditions of approval, the proposed use of the property as a Ralph's market that sells beer, wine, and liquor in conjunction with a 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. 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-acre shopping center with adjoining land uses. The subject shopping center development and the site proposed for the supermarket 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 market which sells beer, wine, and spirits, and a 24-hour business 9peration. 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 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. 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. 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 Planning Commission hereby approves Conditional Use Permit No. 00-9, subject to the following conditions: I. CUP 00-9 is approved for an alcohol related land use at Development Area "A", Lot "E" 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 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. 4. The hours of operation shall be: Daily 24 Hours 3 . l~~ Planning Commission Resolution 00-32 Condilional Use Permit No. 00-9 Bixby Old Ranch Towne Center September 6. 2000 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 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. 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 it's current conditions of approval. (c) There is a substantial change in the mode or character of operations of the establishment. 10. 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 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 Citv of Seal Beach. II. 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. 12. 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. 13. The establishment shall have a public telephone listing. 14. 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 4 (~'. Planning Commission Resolution 00-32 Conditional Use Penn;' No. 00-9 Bixby Old Ranch Towne Center September 6, 2000 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. 15. 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.E.A.D. Program Telephone: '(714) 558-6482 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 16. 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. 17. 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 appurtenant common areas if located in a commercial center. 18. The establishment shall comply with Section 13D, "Noise Control" of the Code of the Citv of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter 13D. 19. 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. 20. The term of this permit shall be for twelve (12) months (At the end of the initial twelve (12) month review period the applicant shall submit an application for renewal of the use, along with fees and required property owner/residents mailing labels to the Department of Development 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 ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the _6th day of September ,2000, by the following vote: 5 .-. AYES: Commissioners Planning Commission Resolution 00-32 Conditional Use Pennit No. 00-9 Bixby Old Ranch Towne Center September 6, 2000 Brown, Cutuli, Hood, Lyon, and Sharp NOES: Commissioners None ABSENT: Commissioners None e Whittenberg Secretary of the Planning Commissi ((2 ~ IJ David Hood, Ph.D. Chairman of the Planning Commission / 6