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HomeMy WebLinkAboutPC Res 09-09 - 2009-03-04 RESOLUTIONNO 09-9 OR/S/IV- A RESOLUTION OF THE PLANNING COMMISSION '4,- OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 05-12 FOR 24-HOUR OPERATIONS AND AN ALCOHOL PERMIT AT HAMPTON INN & SUITES HOTEL LOCATED AT 2401 SEAL BEACH BOULEVARD, SEAL BEACH (PACIFIC GATEWAY PLAZA) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SectIon 1 A development applIcatIon by Panattom Development and The Boemg Company was deemed complete on July 14, 2005 The applIcatIOn mcluded a request f01 CondItIonal Use PermIt 05-12 to allow a 1I0-room hotel WIth 24-hour operatIons and alcohol sales SectIon 2 On January 20, 2009, Marqueza BautIsta, representmg Hampton Inn and SUites Hotel, submItted an applIcatIon for an Indefimte ExtensIon of CondItIonal Use PermIt 05-12 SectIon 3 SpecIfically, the applIcant IS seekmg an Indefimte ExtensIOn of CondItIonal Use PermIt 05-12 for 24-hour operatIOns and a Type 70 ABC LIcense at a 65,484 sq ft, 110-room Hampton Inn & SUites at 2401 Seal Beach Boulevard SectIOn 4 Pursuant to 14 CalIfornIa Code of RegulatIOns 915074 and 9II(B) of the CIty'S Local CEQA GUldelmes, staff has determmed as follows the applIcatIOn for ConditIonal Use PermIt 05-12 (Indefimte ExtensIon) for the proposed hotel facllIty IS wIthm the scope of the project analyzed m "MItIgated NegatIve DeclaratIOn 05-4 PacIfic Gateway Plaza" SectIon 5 A duly notIced publIc heanng was held by the Plannmg CommIssIon on March 4, 2009, to consIder Conditional Use PermIt 05-12 (Indefimte ExtensIOn) for 24-hour operations and a Type 70 ABC LIcense at a 65,484 sq ft, 110-room Hampton Inn & SUItes at 2401 Seal Beach Boulevard Section 6 The Planmng CommIssIon receIved mto eVIdence the Staff Report of March 4, 2009, along WIth all attachments thereto, mcIudmg the Staff Report and consIdered all publIc testImony presented SectIon 7 The Plannmg CommIssIOn made the followmg findmgs Iegmdmg CondItIonal Use PermIt 05-12 (Indefimte ExtensIOn) and determmed the proposed project IS consIstent WIth the General Plan 10f5 Planmng Commw,lOn ResolutIOn No 09-9 CondItIOnal Use Pe/mlt 05-12 (Indefinite ExtemlOll) 2401 Seal Beach Blvd (Hampton Inn & SUItes) Mal ch 4, 2009 (a) The project IS conSIstent WIth the provIsIons of the Land Use Element of the CIty'S General Plan, whIch proVIdes a General Commercial zonmg desIgnatIon for the subject property and permIts commercIal development The uses are also conSIstent WIth the remammg elements of the CIty'S General Plan, as the polICIes of those elements are conSIstent WIth, and reflected m, the Land Use Element AccordmgLy, the proposed uses are conSIstent WIth the General Plan (b) The project as proposed wIll be conSIstent WIth the Boemg SpecIfic Plan (C) The bUIldmg and property at 2401 Seal Beach Boulevard IS adequate m SIze, shape, topography and locatIon to meet the needs of the proposed use of the property The property provIdes an adequate number of parkmg spaces, per the CIty'S Zomng Code (d) The bUIldmg and property at 2401 Seal Beach Boulevard, as condItIoned, meets all development standards for commercIally zoned propertIes, as set forth m the Code and the Boemg SpecIfic Plan (e) Subject to the proposed condItIons of approval, the hotel faCIlIty WIth sale and servIce of alcoholIc beverages (Type 70 LIcense) and 24-hour operatIOns WIll be compatIble WIth surroundmg uses and wIll not be detrImental to the surroundmg neIghborhood The hotel faCIlIty IS suffiCIently screened from adjOImng uses by landscapmg and the adjOInIng uses are commercIal uses ReqUIred adherence to applIcable bU1ldmg and fire codes ensures that there wIll be adequate water supply and utIlItIes for the proposed use (f) The on premIse consumptIon of alcoholIc beverages (Type 70 LIcense), If properly condItIoned and enforced, IS 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 neIghbonng reSIdentIal and commercIaL propertIes SectIon 8 Based upon the foregomg, the Planmng CommISSIOn hereby approves CondItIonal Use PermIt 05-12 (Indefimte ExtenSIOn), subject to the fol1owmg condItIons 1 CondItIonal Use PermIt 05-12 IS approved for a 1l0-room hotel WIth 24 hour operatIOns and on-premIse sale and consumptIOn of alcoholIc beverages (Type 70 LIcense) for hotel occupants and guests only 2 All development shall be m substantIal conformance to the approved plans submitted for CondItIonal Use PermIt 05-12 (Indefimte ExtenSIOn) 20f5 Planmng CommiSSIOn RefJolutlOn No 09-9 ConditIOnal Use Pel mlt 05-12 (indefimte ExtenfJlOn) 2401 Seal Beach Blvd (Hampton Inn & Suites) Mal ell 4, 2009 3 The applIcant WIll promInently dIsplay these condItions of approval m a conspIcuoUS location wIthm the customer area that IS acceptable to the DIrector of Development ServIces 4 No commercIal delIvenes may occur In assocIation WIth the operation of this busmess between the hours of 10 00 P M and 7 00 A M 5 All lIghtIng shall be located and dIrected so as to confine lIght rays to the premIses 6 LItter and trash receptacles shall be located at convement locatIOns mSlde and outslde the establIshment Operators of such establIshment shall remove trash and debns on an appropnate basIs so as not to cause health and/or sanItation problems There shall be no dumpmg of trash and/or glass bottles outsIde the establIshment between the hours of 10 00 PM and 7 00 AM 7 No VIdeo games, arcade games or sImIlar amusements shall be permItted on the pIemlses unless a separate CondItIonal Use PermIt IS approved for that use 8 A modIficatIOn OfthIS CondItional Use PermIt shall be apphed for when (a) The establIshment proposes to modIfy any of ItS current CondItions of Approval (b) There IS a substantial change m the mode or character of operatlOns of the property 9 In the event staff determmes that secunty problems eXIst on the sIte, the condItIons ofthls permIt may be amended, under the procedures of the Code of the CIty of Seal Beach, to reqUIre the proVIsIon of addItIonal securIty measures 10 The estabhshment shall have a publIc telephone hstIng 11 The applIcant shall comply WIth all restrIctions placed upon the lIcense Issued by the State of CalIfornIa Department of Alcohohc Beverage Control 12 The applIcant shall furnIsh the CIty a copy of hIS or her 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 appltcant from the State of CalIfOrnIa Department of AlcoholIc Beverage Control 13 All alcoholIc beverages served or sold on the premIses must be consumed wlthm the bUIldmg 14 There shall be no extenor advertIsmg of any kmd or type, mcludmg advertISIng dllected to the extenor from wlthm, promotmg or mdIcatmg the aVaIlabIhty of alcoholIc beverages 30f5 Planmng Commls.slOn ResolutIOn No 09-9 CondItIOnal U.se Permit 05-12 (Indefinite E:J.tel1slOl1) 2401 Seal Beach Blvd (Hampton Inn & SUlte.s) Mal Gh 4, 2009 15 It shall be the responsIbIhty of the apphcant/hcensee to provIde all employees that sell or serve alcohohc beverages wIth the knowledge and skIlls that WIll enable them to comply WIth theIr responsIbIhtIes under State law 16 The knowledge and SkIlls deemed necessary for responsIble alcohohc beverage servIce shall mclude, but not be hmIted to, the followmg tOpI('S and skills development a State laws relatmg to alcohohc beverages, partIculmly ABC and penal prOVISIons concernmg sales to mmors and mtoxIcated persons, dnvmg under the mfluence, hours of legal operations and penalties for VIOlatIOns of these laws b The potential legal habIlItIes of owners and employees of bUSInesses dISpenSIng alcohohc beverages to patrons who may subsequently Injure, kIll, or harm themselves or Innocent VIctims as a result of the exceSSIve consumptIOn of alcohohc beverages c Alcohol as a drug and ItS effects on the body and behaVIOr, IncludIng the operatIOn of motor vehIcles d Methods for dealmg WIth mtoxlcated customers and recogmzmg underage customers e The followmg orgamzatIons have been IdentIfied by the State Department of Alcohohc Beverage Control as provIdmg trammg programs whIch comply WIth the above cntena Department of Alcohohc Beverage Control LEA D Program Telephone (714) 558-6482 Orange County A D E P T Program, for referral to eIther the BAD D or TIP S Program Telephone (714) 568-4187 17 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 complamts be receIved regardmg nOIses generated by the faclhty, the Plannmg CommISSIon reserves the nght to schedule the subject permIt for reconsIderatIOn and may reqUIre the apphcant/operator to mItigate the nOIse level to comply WIth the proVISIons of Chapter 7 15 18 ThIS Conditional Use PermIt shall not become effective for any purpose unless/untIl a CIty "Acceptance of CondItions" form has been SIgned by the apphcant m the presence of the DIrector of Development ServIces, or notanzed and returned to the Planmng Department, and until the ten (10) calendar-day appeal penod has elapsed 19 The Planmng CommISSIon reserves the nght 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 of the Code ofthe CIty orSeal Beach 20 The apphcant shall mdemmfy, defend and hold harmless CIty, ItS officers, agents and employees (collectively "the CIty" heremafter) from any and all claIms and losses whatsoever occumng or resultIng to any and all persons, firnls, or corporatIOns fUrnIShIng 40f5 Planmng CommZSSlOn Rewlutwn No 09-9 CondztlOnal Use Permzt 05-12 (Indefimte E>.temwn) 2401 Seal Beac.h Blvd (Hampton fnn & SUlte~) Mal ell 4, 2009 or supplYIng work, servIces, matenals, or supphes m connectIOn WIth the performance of the use permItted hereby or the exerCIse of the nghts granted herem, and any and all claIms, laWSUIts or actIOns ansmg from the grantmg of or the exerCIse of the nghts permItted by thIS CondItional Use PermIt, and from any and all claIms and losses occumng or resultmg to any person, firm, corporation or property for damage, InJ ury or death ansmg out of or connected WIth the performance of the use permItted hereby Apphcant's obhgatIon to mdemmfy, defend and hold harmless the City as stated herem shall mclude, but not be hmIted to, paymg 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, vel dICtS, court costs or attorneys' fees In any such laWSUIt or actIon 21 FaIlure to comply WIth any of the aforementioned condItIons may result m the revocatIOn of thIS CondItional Use PermIt NOW, THEREFORE BE IT RESOLVED, that the Planmng CommISSIon hereby approves ConditIonal Use PermIt No 05-12 (Indefimte ExtenSiOn) PASSED, APPROVED AND ADOPTED by the PlannIng CommISSIon of the CIty of Seal Beach at a meetmg thereof held on the 4th day of March 2009 by the follOWIng vote AYES CommISSIoners Deaton, Bello, Larson, and Massa-Lavltt NOES CommISSIOners None ABSENT CommISSIoners Eagar ABSTAIN CommISSIoners None JM..lA ~ (k(lt~) / - Ellery Deaton ChaIrperson, Planmng CommISSIon ee Wlnttenberg Secretary, Planmng CommIsSl n ***** 5of5