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HomeMy WebLinkAboutPC Res 07-65 - 2008-02-06 RESOLUTION NUMBER 07-65 o ,f'h (;'~ '4< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 07-17 FOR A DRIVE- THROUGH WINDOW IN CONJUNCTION WITH A PERMITTED RETAIL PHARMACY AT 13960 SEAL BEACH BOULEVARD (LONGS DRUGS). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 31, 2007, Seal Beach Village L.P. filed an application for Conditional Use Permit 07-17 with the Department of Development Services. Section 2. The applicant is requesting approval to pennit a drive-through window in connection with a permitted retail pharmacy at 13960 Seal Beach Boulevard. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15301, staff has detennined as follows: The application for Conditional Use Pennit 07-17 for the requested land use entitlements at a pennitted retail phannacy with a proposed drive-through window is categorically exempt from review pursuant to the Califomia Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 4. A duly noticed public hearing was held before the Planning Commission on February 6, 2008 to consider the application for Conditional Use Permit No. 07- 17. At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. The record of the public hearing of Febmary 6, 2008 indicates the following: (a) On October 30, 2007, Seal Beach Village L.P. filed an application for Conditional Use Permit 07-17 with the Department of Development Services requesting approval to pennit a drive-thm window in connection with a permitted retail pharmacy at 13960 Seal Beach Boulevard. (b) The subject property is located in the Leisure World Shopping Center development, located west of Seal Beach Boulevard, north of Westminster Avenue, and south ofSt. Andrews Drive. 10f6 Planning Commission Resolution 07-65 Conditional Use Permit 07-/7 Longs Drugs - /3960 Seal Beach Blvd. Febru{lIJl6, 2008 (c) The proposed Longs Drugs store location is approximately 150 feet west of Seal Beach Boulevard and 110 feet north of Westminster Avenue, and is proposed to be 13,182 square feet in area, occupying a portion ofthe former Seal Beach Market. (d) SUlTounding land uses and zoning are as follows: NORTH: Commercial uses within the Service Commercial (C-l) Zone; residential uses within the RHD (PD) Zone (Leisure World). SOUTH: Commercial uses in the General Commercial (C-2) Zone; Seal Beach Naval Weapons Station. EAST: Seal Beach Naval Weapons Station WEST: COllIDlercial uses within the Service Commercial (C-1) Zone; Residential uses within the RHD (PD) Zone (Leisure World). (e) The drive-through phamlacy window will only be available during the hours of7:00 a.m. to 10:00 p.m. daily. (f) 6:00 a.m. to 12 midnight daily. The remainder of the store will be open during the hours of (g) The traffic flow from Seal Beach Boulevard or [rom within the shopping center to the proposed location is at an acceptable level of service, and the parking lot complies with parking standards of the City to accommodate the proposed development. The primary entrance to the parking lot and drive-through aisles are adequately designed to accommodate the proposed drive-through lanes. The drive-through lanes are appropriately designed to accommodate a minimum of between 6-8 vehicles. Section 6. Based upon the facts contained in the record, including those stated in ~5 of this resolution and pursuant to ~~ 28-1300, 28-2504-2508 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Pennit No. 07-17 is consistent with the provisions of the Land Use Element of the City's General Plan and the Zoning Code of the City, both of which provides a "Service Commercial" designation for the subject property and pennits drive-through facilities subject to the issuance of a Conditional Use Permit. The use as a drug store with a drive-through pharmacy window is also consistent with the remaining elements of the City's General Plan as the policies o[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 the Leisure World Shopping Center are adequate in size, shape, topography and location to meet the needs of the proposed 20fG Planning Commission Resolution 07-65 Conditional Use Permit 07-/7 Longs Drugs - /3960 Seal Beach Blvd. FebrullI)l6,2008 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 dmg store with a drive-through pharmacy window, if properly conditioned and enforced, is compatible with the character of the sUlTounding area. Adherence to conditiolls of approval placed on the use by the City of Seal Beach would mitigate any negative impacts to neighboring residential properties. Section 7. Based upon the foregoing, the Plruming Commission hereby approves Conditional Use Permit No. 07-17, subject to the following conditions: 1. Conditional Use Pennit 07-l7 is approved for a drive-through pharmacy window 111 conjunction with a drug store at l3960 Seal Beach Boulevard. 2. All constmction shall be in substantial compliance with the submitted plans dated January 29,2008, that were submitted as a supplement to the application for Conditional Use Pennit 07-17. 3. The pemlitted hours of operation for the drive-through pharmacy shall be 7:00 a.m. to 10:00 p.m. daily. 4. The permitted hours of operation for the remainder of the store shall be 6:00 a.m. to 12 midnight daily. 5. No commercial deliveries or trash disposal activities may occur in association with the operation of this business facility between the hours of 10:00 P.M. and 6:00 A.M. 6. The applicant or property owner shall provide "STOP" and "No U-turn" signs at the exit of the drive-through aisle and a painted limit line on the pavement at the mouth of the drive-through exit, prior to issuance of a Certificate of Occupancy. 7. The applicant or property OWller shall repaint the centerline of the alley, between the east- west drive aisle at the southern end of the property and the crosswalk near the arcade section of the property, for better visibility of the drive lanes and to help drivers better negotiate the jog in the rear alley near the proposed new loading dock. 8. The applicant or property owner shall place bollards, or a similar type protective feature, along the exterior wall of the building where the drive-through is located, to prevent vehicles from inadvertently damaging the exterior of the building. 9. The final design of the loadillg dock area and wall above the loading dock shall be subject to review and approval of the Department of Development Services. Prior to the issuance of a building pemlit, if it is determined that traffic visibility is a potential problem, the Department of Development Services reserves the right to require the 30f6 Planning Commission Resolution 07-65 Conditional Use Permit 07-/7 Longs Drugs - 13960 Seal Beach Blvd. FebruGI)l6. 2008 applicant to modify the design of the loading dock area and separation wall, to provide greater visibility for traffic utilizing the rear alley. 10. No video games or similar amusements shall be pernlitted on the premises unless a separate Conditional Use Permit is approved for that use. ll. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishment shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be 110 dumping of trash outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 12. In the event Staff determines security problems exist on the site, the Conditions of this pennit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 13. The establishme11t shall comply with Chapter 7.15, "Noise" of the 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 Commissio11 reserves the right to schedule this pemlit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 14. The applicant remai11s bound by all conditions approved through previous entitlements on the subject lease space, including (but not limited to) CUP 93-3 and CUP 96-l, unless superseded by this Conditional Use Permit. 15. A lighting ruld secUlity plan for the drive-thru area shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit for the drive-thru area. Lighting plan shall provide 'cut-off or similar fixtures to ensure that there is no light encroachment onto adjacent r>roperties, yet provide adequate lighting for security purposes. Security cameras will be required for the drive-thru area as part of the security plan. 16. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicrult in the presence of the Director of Development Services or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 17. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 40f6 Planning Commission Resolution 07-65 Conditional Use Permit 07-17 Longs Drugs - 13960 Seal Beach Blvd. Februl/I)l6, 2008 18. The Plruming Commission reserves the right to revoke or modify this Conditional Use Pennit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, vandalism, solicitation and/or litter. 19. This Conditional Use PenTIit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 20. The tenn of this pelmit shall be 12 months. At the e11d of the initial ternl, the applicant may apply for an indefinite extension of CUP 07-17. The Planning Commission may grant an indefinite extension, provided that all the 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 paid to the City prior to consideration of an indefinite extension. 21. The applicant shall indemnify, defend and hold hanllless 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, fimls, or corporations fumishing or supplying work, services, materials, or supplies in connection with the perfomlance 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 pemlitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, fiml, corporation or property for damage, injUlY or death arising out of or connected with the performance of the use pernlitted 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. 22. Failure to comply with any of these conditions may result in the revocation of this Conditional Use Pernlit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereofheld on the 6th day of Febmary 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts NOES: Commissioners None 50f6 ABSENT: Commissioners None Planning Commission Resolution 07-65 Conditional Use Permit 07-17 Longs Drugs - 13960 Seal Beach Blvd. Februmy6,2008 ABSTAIN: Commissioners None ee Whittenberg Secretary, Planning Commis . d" t-'<-~f?e ~U2L;J / Ellery Deaton . Chairperson, Planning Commission ***** 60f6