HomeMy WebLinkAboutPC Res 08-03 - 2008-02-20
RESOLUTION NUMBER 08-3
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 08-1 FOR THE OFF-
PREMISE SALE OF BEER AND WINE, AND AN
OUTDOOR SEATING AREA AT A PROPOSED
SPECIALTY GROCERY STORE AT 12301 SEAL
BEACH BOULEVARD, SEAL BEACH. (SPROUTS
FARMERS MARKET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December 10, 2007, Sprouts Famlers Market, LLC filed an
application for Conditional Use Permit 08-1 with the Department of Development Services.
Section 2. The applicant is requesting approval to permit the off-premise sale
of beer and wine, and an outdoor seating area at a proposed specialty grocery store (Sprouts
Famlers Market) to be located in the Shops at Rossmoor at 12301 Seal Beach Boulevard.
Section 3. Pursuant to 14 Calif. Code of Regs. g 15301, staff has determined
as follows: The application for Conditional Use Permit 08-1 for the requested land use
entitlements at a proposed specialty grocery store is categorically exempt from review pursuant
to the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on February 20, 2008, to consider the application for Conditional Use Permit No.
08-1. At the public hearing the Planning Commission received written and oral evidence on the
proposed project.
Section 5.
the following:
The record of the pubIic hearing of February 20, 2008, indicates
(a) On December 10, 2007, Sprouts Farmers Market, LLC
filed an application for Conditional Use Pemlit 08-1 with the Department of Development
Services requesting approval to permit the off-premise sale of beer and wine (Type 20 license),
and an outdoor seating area in conjunction with a proposed specialty grocery store to be located
at 12301 Seal Beach Boulevard.
(b) The subject property is located in the Shops at Rossmoor
development, located west of Seal Beach Blvd.
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Planning Commission Resolution No. 08-3
Conditional Use Permit 08-1
/230/ Seal Beach Boulevard (Sprouts Farmers Market)
Februwy 20, 2008
(c) Surrounding land uses and zoning are as follows:
NORTH:
To the north of the subject lease space are additional lease spaces
within the Shops at Rossmoor, in the C-2, General Commercial
Zone, and residential properties within the City of Seal Beach.
SOUTH:
Additional lease spaces within the Shops at Rossmoor in the C-2,
General Commercial Zone.
WEST:
Parking lot; residential properties within the City of Seal Beach
and the County unincorporated area of Rossmoor.
EAST:
Parking lot; Old Ranch Town Center (across Seal Beach
Boulevard).
(d) The proposed specialty grocery store use comprises
approximately 24,826 square feet and is located adjacent to the existing Circuit City store.
Section 6. Based upon the facts contained in the record, including those stated
in g5 of this resolution and pursuant to gg 28-1300; 28-1400; 28-2503; and 28-2504 of the City's
Code, the Planning Commission makes the following findings:
(a) CUP No. 08-l is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a "general commercial" designation for
the subject property and permits alcohol sales and outdoor dining areas subject to the issuance of
a Conditional Use Pemlit. The proposed use as a specialty grocery store with off-premise beer
and wine sales and outdoor seating is also consistent with the remaining elements of the City's
General Plan as the policies of those elements are cO~lsistent 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 Shops at Rossmoor 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 Lise.
(c) The proposed specialty grocery store with off-premise beer
and wine sales, and an outdoor seating area, if properly conditioned and enforced, is compatible
with the character of the surrounding area. Adherence to conditions 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 Planning Commission hereby
approves Conditional Use Pennit No. 08-1, subject to the following conditions:
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Planning Commission Resolution No. 08-3
Conditional Use Permit 08-1
/2301 Seal Beach Boulevard (Sprouts Farmers Market)
February 20, 2008
1. Conditional Use Pennit 08-1 is approved for a Department of Alcoholic Beverage
Control (ABC) License Type 20, Off-premise Sale of Beer and Wine - (Package Store),
and an outdoor seating area at an approximately 24,826 square foot proposed specialty
grocery store (Sprouts Fanners Market) at 12301 Seal Beach Boulevard.
2. All construction and tenant improvements shall be in substantial compliance with the
plans submitted as a part of the application and dated October 28,2007 (floor plan), and
November 12,2007 (elevations).
3. The applicant shall comply with an restrictions placed on the license issued by the State
of California's Depaliment of Alcoholic Beverage Control (ABC) and a copy of said
approved license shall be filed with the Department of Development Services as soon as
the license is received by the applicant from ABC.
4. All alcoholic beverages sold in conjunction with the off-premise-licensed establishment
must be consumed entirely off the premises. Consumption of alcoholic beverages is
prohibited in the outdoor seating area; the establishment's parking area or any adjoining
exterior seating areas. There shall be posting of signs both inside and oLltside the licensed
premises indicating that law prohibits drinking outside the licensed premises.
5. It shan be the responsibility of the applicant/licensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skin enabling them to comply with
their responsibilities under State of California law.
6. 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 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.
b. 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.
c. Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
d. Methods of dealing with intoxicated customers and recognizing under age
customers.
7. The following organizations provide training programs, which comply with the above
criteria:
a. Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Telephone: (714) 558-4101
Date: 151 Monday of each month
Time: 10:00 a.m. to 1 :00 p.m.
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Cost:
Place:
b.
Provider:
Program:
Telephone:
Cost:
Planning Commission Resolution No. 08-3
Conditional Use Permit 08-1
/230/ Seal Beach Boulevard (Sprouts Farmers Market)
Februmy 20, 2008
Free
ABC, 28 Civic Center Plaza, Room 369 Santa Ana
Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
California Coordinating Council for Responsible Beverage Service
(C3RBS)
(714) 834-2860 * Karen Keay
$ 1 2.00 per person * Tax Deductible
For special events training
c.
Provider:
Program:
Telephone:
Cost:
Orange County Health Care Agency
Project Path
(714) 895-9088 * Irene Glenday
Free
8. The hours of operation shall be 7:00 a.m. to 1 1 :00 p.m., seven days a week.
9. 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 7:00 A.M
10. No video games or similar amusements shaH be permitted on the premises.
11. Exterior lighting in the parking area shall be kept at a level so as to provide adequate
lighting for patrons while not unreasonably disturbing sUlTounding commercial areas.
12. The applicant will prominently display these Conditions of Approval in a location within
the businesses' customer area that is acceptable to the Director of Development Services.
13. The establishment shall have a public telephone listing.
14. Pay phones shall not be permitted outside of the building.
15. Any Graffiti shall be removed from the building within 72 hours.
16. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment. Operators of such establishments shall remove trash and debris on an
appropriate basis so as not to cause health problems. 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. In the event staff detennines security problems exist on the site, the Conditions of this
permit may be amended, under the procedures of The Code of the City of Seal Beach, to
require the provision of additional security measures.
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Planning Commission Resolution No. 08-3
Conditional Use Permit 08-1
12301 Seal Beach Boulevard (Sprouts Farmers Market)
Febru(//)I 20, 2008
18. The establishment 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 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.
19. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to change its type of liquor license.
b. The establishment proposes to modify any of its current Conditions of Approval.
c. There is a substantial change in the mode or character of operations of the
establishment.
20. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if hann 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, public
drunkenness, vandalism, solicitation and/or litter.
21. This Conditional Use Permit shall become null and void unless exercised within 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 90 days prior to such expiration date.
22. This Conditional Use Pennit shall not become effective for any purpose unless/until a
City "Acceptance of Conditions" form has been signed by the applicant in the presence of
the Director of Development Services, or notarized and retumed to the Planning
Department; and until the 10 calendar-day appeal period has elapsed.
23. The ternl of this pemlit shall be 12 months. At the end of the initial teml, the applicant
may apply to the City for an extension of Conditional Use Permit 08-1. The Planning
Commission may grant an indefinite extension 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 an indefinite permit.
24. The applicant shall indemnify, defend and hold hamlless 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 fumishing
or supplying work, services, materials, or supplies in connection with the performance of
the use pemlitted 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 Pennit, 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 perfonnance of the use permitted hereby.
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Planning Commission Resolution No. 08-3
Conditional Use Permit 08-1
12301 Seal Beach Boulevard (Sprouts Fanners Market)
FebrualJ} 20, 2008
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.
25. Failure to comply with any of these conditions may result in the revocation of this
Conditional Use Pennit.
PASSED, APPROVED AND ADOPTED by the Plmming Commission of the City of Seal Beach
at a meeting thereof held on the 20th day of February 2008 by the following vote:
AYES: Commissioners Roberts, Bello, Delay, and Massa-lavitt
NOES: Commissioners None
ABSENT: Commissioners Deaton
ABSTAIN: Commissioners None
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G ry Roberts
-Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commission
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