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Home My WebLink AboutPC Res 08-23 - 2008-10-01 RESOLUTION NUMBER 08-23 OR/6/tU '4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 08-8 FOR THE ESTABLISHMENT OF A CERTIFIED FARMERS MARKET FROM 7:00 A.M. TO 2:00 P.M., ONE WEEKDAY (MONDAY - FRIDAY) PER WEEK, WITHIN THE PARKING LOT AREA OF THE SEAL BEACH VILLAGE SHOPPING CENTER, IN THE SERVICE COMMERCIAL (C-l) ZONE AT 13960 SEAL BEACH BOULEVARD. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 4, 2008, Seal Beach Village L.P. (the "Applicant") filed an applicatio,n with the Department of Development Services for Conditional Use Permit (CUP) 08-8, to allow the establishment a Certified Farmers Market on not more than one weekday (Monday - Friday) per week, from 7:00 a.m. to 2:00 p.m., to include set-up and clean-up, within the parking lot area of the property located at 13960 Seal Beach Boulevard (Seal Beach Village shopping center) Section 2. Pursuant to 14 California Code of Regulations 915305 and 91I(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 08-8 for the proposed Certified Farmers Market is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations 915301 (Existing Facilities), because the proposal involves a negligible expansion of an existing use; pursuant to 915305 (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 3. A duly noticed public hearing was held before the Planning Commission on September 17,2008, to consider the application for CUP 08-8. Section 4. The record of the hearing of September 17, 2008 indicates the following: (a) On August 4, 2008, Seal Beach Village L.P. submitted an application for CUP 08-8 with the Department of Development Services. (b) Specifically, the applicant is requesting a Conditional Use Permit for the establishment of a weekly Certified Farmers Market on not more than one 10f6 Planning Commission Resolution No. 08-23 Conditional Use Permit 08-8 Farmers Market - 13960 Seal Beach Blvd. October I, 2008 weekday (Monday - Friday) per weeJ.c, from 7:00 a.m. to 2:00 p.m., to include set-up and clean- up, within the parking lot area of the property located at 13960 Seal Beach Boulevard (Seal Beach Village shopping center) (c) The proposed Certified Farmers Market site comprises approximately 10,000 square feet in area and is further defined in Attachment 'A' of this resolution. (d) The subject property is legally described as Orange County assessor's parcel number 095-641-45. ( e) The proposed Certified Farmers Market site is located within an existing shopping center, which includes a variety of commercial businesses. (f) The surrounding land uses and zoning are as follows: NORTH & WEST Residential Housing within Leisure World, in the Residential High Density Planned Development (RHD-PD) Zone. EAST Naval Weapons Station Seal Beach within the Public Land Use/Recreation (PLU/R) Zone. SOUTH Commercial retail and light industrial uses within the Boeing Integrated Defense Systems (BIDS) Specific Plan Zone. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-1300,28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 08-8 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Service Commercial (C-l)" zoning designation for the subject property and permits retail and service establishments catering directly to consumers when interpreted by the Planning Commission as meeting the intent of service commercial uses and the general plan, 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 ofthose elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The property at 13960 Seal Beach Blvd. is adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. 20f6 Planning Commission Resolution No. 08-23 Conditional Use Permit 08-8 Farmers Market - 13960 Seal Beach Blvd. October I, 2008 Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 08-8, subject to the following conditions: 1. Conditional Use Permit 08-8 is approved for the establishment of a Certified Farmers Market on not more than one weekday (Monday - Friday) per week, from 7:00 a.m. to 2:00 p.m., to include set-up and clean-up, within the parking lot area at 13960 Seal Beach Blvd, Seal Beach, as defined in Attachment 'A' of this resolution. 2. The applicant shall submit a parking and traffic control plan to the City's Traffic Engineer for approval. This plan shall show areas where parking will be restricted during the operation of the farmers market and what types of devices (barricades, bollards, pylons, etc.) will be used prohibit entry to these areas; as well as how traffic circulation within the parking lot will be redirected, if applicable. The plan shall also show the location of farmers' and vendors' spaces, and the on-site parking for farmers' and vendors' vehicles. 3. The Certified Farmers Market shall conform to all requirements of the Orange County Fire Department, with particular reference to emergency vehicle fire lane access throughout the shopping center premises. A copy of an OCFD approved site plan shall be submitted to the Department of Development Services prior to issuance of the Conditional Use Permit. 4. The market operator or center management shall be required to clean and/or wash down the designated market area as necessary to leave it in a clean ,condition (no food residue, produce scraps, or trash present on site) after each market event. 5. The applicant shall coordinate with Consolidated Disposal to schedule a refuse pick-up after each event, as necessary. 6. The market operator or his/her representative shall be on-site at all times during operation of the farmers market. 7. A modification oftms Conditional Use Permit shall be obtained 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. 8. In the event staff determines 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. 9. The applicant shall make a good faith effort to work with the City of Seal Beach staff in addressing concerns that may arise relating to the placement or operation of the farmers market. 30f6 Planning Commission Resolution No, 08-23 Conditional Use Permit 08-8 Farmers Market - 13960 Seal Beach Blvd. October 1,2008 10. Litter and trash receptacles shall be located at convenient locations within the market area during the hours of operation, and operators of the farmers market shall remove trash and debris on an appropriate basis so as not to cause a health or litter problem. 11. There shall be no live entertainment or anlplified music at the market at any time, unless specifically authorized by a Conditional Use Permit or Special Event Permit issued by the City. 12. The premises 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 noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 13. 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 harm or retail related problems are demonstrated to occur as a result of criminal or anti-social behavior, including, but not limited to, vandalism, litter, and theft. 14. This Conditional Use Permit 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. 15. 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. 16. The term of this permit shall be one (1) calendar year after issuance of the initial CUP or one (1) month after the opening of the Longs Drug Store, whichever occurs first. At the end of the initial term, the applicant may apply to the City for an Indefinite Extension of CUP 08-8. 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. 17. 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 40f6 Planning Commission Resolution No. 08-23 Conditional Use Permit 08-8 Farmers Market - 13960 Seal Beach Blvd. October 1, 2008 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. 18. Failure to comply with any of the aforementioned conditions may result in the 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 1st day of October 2008 by the following vote: AYES: Commissioners Bello, Delay, Eagar, and Massa-lavitt NOES: Commissioners ABSENT: Commissioners Deaton ABSTAIN: Commissioners ~~~ Sandra Massa- aVltt Vice-Chairperson, Planning Commission Lee ittenberg Secretary, Planning Commission ***** 50f6 ~il.';: t= :r == a =(;p &1 . ,.. t"' rl;~ c:: i;. ~ f .~ &1 == ~ ~J :~ ~ 1&~~:;!o s~ ;~it:::l =i ."i ~ [i9a J[~ ~r~ s~~ ~ ~ (iJ UH~i ...Sll:"J~ i~Siil!c I~~~~~ I sfig I' III lIO- e.z liP S I~> ;a6 Planning Commission Resolution No. 08-23 Conditional Use Permit 08-8 Farmers Market - 13960 Seal Beach Blvd. October I. 2008 WESTMINSTER AVE ~--'- ("'" ".~- ~ .- , , I I I 60f6 )> -I -I )> () I s;: m z -I ~