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HomeMy WebLinkAboutPC Res 08-18 - 2008-07-09 RESOLUTION NO. 08-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AN INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 05-4 FOR AN EXISTING DRUG STORE WITH ALCOHOL SALES, 24-HOUR OPERATION, AND A DRIVE-THROUGH PHARMACY LANE AT 921 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The CVS Pharmacy is approximately 15,000 square feet with alcohol sales, 24-hour operations and a drive-through pharmacy lane in the Seal Beach Center at 921 Pacific Coast Highway, Seal Beach. Section 2. 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 3. A duly noticed public hearing was held by the Planning Commission on December 7,2005 to consider Conditional Use Permit 05-4 for a drug store with alcohol sales, 24-hour operations and a drive-through pharmacy at 921 Pacific Coast Highway. Section 4. The Planning Commission received into evidence the Staff Report of December 7, 2005, along with all attachments thereto, and considered all public testimony presented. Section 5. A duly noticed public hearing was held by the Planning Commission on July 9, 2008 to consider the Indefinite Extension of Conditional Use Permit 05-4. Section 6. The Planning Commission made the following findings regarding Conditional Use Permit 05-4 (lE) and determined the proposed project is consistent with the General Plan: (a) Conditional Use Permit No. 05-4 (IE) 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, 24-hour operations and drive-through pharmacy subject to the issuance of a 10f6 Planning Commission Resolution No 08-/8 Conditional Use Permit 05-4 (Indefinite Extension) 92/ Pacific Coast Highway (CVS Pharmacy July 9, 2008 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 will ensure that there will be adequate water supply and utilities for the proposed use. (c) The off-premises sale of beer, wine and distilled spirits, the 24-hour operations and the drive-through pharmacy lane, if properly conditioned and enforced are 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. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 05-4 (IE), subject to the following conditions: 1. Conditional Use Permit 05-4 (IE) is approved for an existing drug store. The permitted use allows the sale of beer, wine and distilled spirits for off-premises consumption, 24- hour operations and a drive-through pharmacy lane. 2. All construction must be in substantial conformance to the plans approved by Planning Commission for Conditional Use Permit 05-4. 3. No portion ofthe roof shall exceed 35 feet in height. 4. The drive through lane shall be a minimum often feet wide. 5. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 6. 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. 7. The hours of operation shall be: 24 Hours Daily 8. The loading dock area shall not be utilized between the hours of 9:00 p.m. to 6:00 a.m. Deliveries shall not be permitted during these hours. 9. No alcoholic beverages shall be sold through the drive through window. 10. Ice shall be sold in bags no smaller than ten pounds. 20f6 Planning Commission Resolution No 08-/8 Conditional Use Permit 05-4 (Indefinite Extension) 921 Pacific Coast Highway (CVS Pharmacy July 9, 2008 11. Disposable cups shall be sold in packages of 25 or more. 12. During installation of any directional speakers, the project developer shall ensure that directional speakers be shielded and/or oriented away from off-site residences to the satisfaction of the Director of Development Services. 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 video games or similar amusements shall be permitted on the premises. 15. 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. 16. 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. 17. The establishment shall have a public telephone listing. 18. A modification ofthis Conditional Use Permit shall be obtained when: a) The establishment proposes to change its type ofliquor 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. 19. 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. 30f6 Planning Commission Resolution No 08-18 Conditional Use Permit 05-4 (Indefinite Extension) 921 Pacific Coast Highway (eVS Pharmacy July 9. 2008 d) Methods for dealing with intoxicated customers and recognizing underage customers. 20. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: 1) Department of Alcoholic Beverage Control L.E.AD. Program Telephone: (714) 558-6482 2) Orange County AD.E.P.T. Program, for referral to either the B.AD.D. or T.I.P.S. Program. Telephone: (714) 568-4187 21. 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. 22. 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. 23. All trash enclosures for the drug store shall be placed within the loading dock area. 24. The project shall comply with all mitigation measures adopted by Planning Commission Resolution 05-67 (Mitigated Negative Declaration 05-5). 25. The establishment shall comply with Chapter 7.15, "Noise Control", of The Code of the City 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 the subject conditional use permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 26. 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 ofthe Code of the City of Seal Beach. 27. 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. 40f6 Planning Commission Resolution No 08-18 Conditional Use Permit 05-4 (Indefinite Extension) 921 Pacific Coast Highway (CVS Pharmacy July 9, 2008 28. 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. 29. 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 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. 30. Failure to comply with any of these conditions may result In revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of July 2008 by the following vote: AYES: Commissioners Deaton, Bello, DeLay, Eager, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None rt-(V'~~ / Ellery Deaton Chairperson, Planning Commission 50f6 Lee Whittenberg Secretary, Planning Commissi ***** 60f6 Planning Commission Resolution No 08-18 Conditional Use Permit 05-4 (Indefinite Extension) 921 Pacific Coast Highway (CVS Pharmacy July 9, 2008