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HomeMy WebLinkAboutPC Res 98-45 - 1998-12-09 RESOLUTION NUMBER 98 - 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-16, APPROVING A DRIVE- THROUGH WINDOW FOR PHARMACY PURPOSES AND A 24-HOUR DRUG STORE OPERATION ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "E", BIXBY OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site Section 2 Pursuant to 14 Calif Code of Regs. ~ 15305 and ~ n B of the City's Local CEQA Guidelines, the Planning Commission determines as follows The application for Site Plan Review (SPR) 98-1 for the proposed 26-acre shopping center is within the scope of the project analyzed in the Bixby Old Ranch Towne Center EIR, certified by the City Council on November 23, 1998, through the adoption of City Council Resolution No. 4660. Said resolution and the Findings and Statement of Overriding Considerations are incorporated herein by reference Section 3. A duly noticed public hearing was held before the Planning Commission on December 9, 1998, to consider the application for Conditional Use Permit No. 98-16 At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request Section 4 the following: The record of the hearing of December 9, 1998 indicates a. On October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. b. Specifically, the applicant is proposing to construct a maximum 299,000 square foot commercial shopping center with parking, landscaping and other ancillary facilities on property located at the northeast comer of Seal Beach Boulevard and St. Cloud, as recently approved by the Planning Commission through Site Plan Review 98-1. A component of the shopping center project includes a proposed drug store with a drive-through window and a 24-hour business operation. c. The proposed drive-through window is located on the west side of the structure facing Seal Beach Boulevard (for security reasons), and does not directly face any residential area. Directly to the west, across Seal Beach Boulevard, in the C-2 zone also, is Rossmoor Center The nearest homes to the requested drive-through window are at the comer of Seal Beach Boulevard and St Cloud Drive, approximately 200 feet to the southwest of the drive-through window C \My DocumeotslRESOICUP 98-16 (BIXby) PeR docILWlI2-15-98 Planning CommlllSIOfI Resolution 98 - 45 CondItional Use Perlnlt No 98-16 BIXby Old Ranch Towne Center, Drug Store - Drive Through WIndOW ond 24-Hour Operahon December 9. 1998 d. Section 28-1300 (7)(j) requires a conditional use permit for commercial activities operating between the hours of 2 00 a m. and 6'00 a m. The proposed Sav-On Drugstore (Retail "E" on the Site Plan), is requesting the capability of operating 24-hours a day, and to have a drive-through window for prescription drop-off and pick-up. e The subject shopping center property contains approximately 25 29 acres of net useable area and is located north of St. Cloud Drive on the east side of Seal Beach Boulevard The property has approximately 1,307 feet of frontage on Seal Beach Boulevard, and is approximately 975 feet in depth. The subject drug store property is designated as Lot 8 of Tentative Tract Map No. 15767, and contains 1 356 acres of net land area, with a 0 171 acre landscaped setback area along Seal Beach Boulevard Lot 8 has approximately 247 feet of frontage along Seal Beach Boulevard, and is approximately 270 feet in depth f. The subject property is legally described as Tentative Tract Map No 15767, Lot 8, and is currently located in the General Commercial (C-2) zone g The entire development site is currently is developed with a small bank building, portions of the Bixby Old Ranch Golf Course, and vacant land owned by the Bixby Ranch Company h Surrounding land uses and zoning are as follows lJ North - Bixby Village residential development in the Residential Medium Density (RMD) Zone. lJ South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. lJ East - Bixby Village residential development in the Residential Medium Density (RMD) Zone and Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone lJ West -Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shoppmg center development, in the City of Seal Beach i. The City Council has approved resolutions and adopted ordinances which approve requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses of land set forth in this application for conditional use permit approval j. The "Mitigation Monitormg Program" establishes a number of specific action measures which have been proposed to reduce the identified environmental impacts of the shopping center development to a level of insignificance in relation to this development application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1 (92 mitigation measures), and are incorporated herein by reference. k. The proposed shopping center development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements 1. The project applicant has indicated that the drive-through window will serve as a drop-off and pick-up point for prescription filling by use of a pneumatic CUP 98-16 (Duchy) PCR 2 Plannmg Comm,...,OrI ResolllllOll 98 - 45 Cond.hcmaJ Use Pemnt No 98-16 Bvcby Old Rtmch TOWIIe Center, Drug Store - Dnve Through Wmdow and 24-Hour OperohOrl December 9, 1998 tube system, similar to a drive-through teller window at a bank; that vehicles do not wait at the window while a prescription is being filled, that anticipated usage of the drive- through window is between 50 and 100 vehicles a day (5-10 v7ehicles per hour); that generally there are no more than 2-3 vehicles in line at the drive-through window, and that the volume on the speaker system is adjustable m. Due to traffic generated noises on Seal Beach Boulevard at the requested hours, and the fact that the nearest residential development is more than 200 feet away, staff believes the requested operating hours are appropriate for this site Pavilion's, which recently was approved by the Planning Commission for 24-hour operation, is located within 100 feet of an adjoining residential area Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings a. Conditional Use Permit No 98-16, a request to permit a drive- through window and 24-hour operation for the proposed Sav-On Drugstore within the Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use Element of the City's General Plan, as recently amended by the City Council, which provides a "general commercial" designation for the subject property and permits drive- through windows and 24-hour business operation 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 of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b Subject to the proposed conditions of approval, the proposed use of the property as a Sav-On Drugstore with a drive-through window and 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the proposed location of the 24-hour drug store business with a drive-through window is approximately 200 feet from the nearest residential uses, staifis not recommending any specific noise related conditions at this time c. The proposed style, height and bulk of the proposed structure is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility of the entire 26-acre shopping center with adjoining land uses. The subject shopping center development and the site proposed for the drug store development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features proposed for approval by height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property as a drug store with a drive-through window and a 24-hour business operation. d Subject to the proposed conditions of approval, the proposed use of the property as a drug store with a drive-through window and a 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the shopping center is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a golf course and residential development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time e. Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 98-16, subject to the following conditions' CUP 98-16 (BIxby) PCR 3 Phmmng Com......,,,,, Ruolu/Jon 98 - 45 Cond,/Jonal Use Perm,t No. 98-16 BIXby Old Rmrch Towne Center, DrugStore-Dnve Through W",dowond 24-HourOperahon December 9, 1998 l. CUP 98-] 6 is approved for a 24-hour drug store operation with a drive- through window for pharmacy customers only at Bixby Old Ranch Towne Center (Retail "E"), Lot 8 of Tentative Tract Map No. 15767 2. The volume on the drive-through speaker shall be turned down to its lowest audible level after 11.00 P M 3. No food or alcohol may be sold through the drive-through window. 4. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10 00 P M and 7 00 AM. 5. 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 6 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. 7. A modification of this Conditional Use Permit shall be obtained when lJ The establishment proposes to modifY any of its current conditions of approval lJ There is a substantial change in the mode or character of operations of the establishment. 8 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 of the Code of the City of Seal Beach 9 10 the event staff determines that 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 10. The establishment shall have a public telephone listing 11. The establishment shall comply with Section 13D, "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 this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D 12 This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension oftime 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 13. The term of this permit shall be for twelve (12) months (At the end of the initial twelve (12) month review period the applicant shall submit an application for renewal of the use, along with fees and required property owner/residents mailing labels to the Department of Development Services) CUP 98-16 (BIlcby) PCR 4 PlannIng Comml3.Jlon Resoluhon 98 - 45 CondrhontJ/ Use Pe",,,t No 98-16 BIXby Old Ranch TOWIIe Center, D....g Store - Dnve 'f'IrroJIgh W,ndOW and 24-Hour Operahoo December 9, 1998 At the end of this initial review period the Commission shall review the use a public hearing and may extend the permit indefinitely, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the drive-through use arise If at any time the Commission determines negative impacts on surrounding land uses associated with the drive-through use of the property are irresolvable the Commission may revoke this permit thereby terminating 24 hour business operations and/or drive-through privileges for the drugstore PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of December. 1998, by the following vote: AYES: Commissioners Brown, Cutull, Larson and Lyon NOES' Commissioners Hood ABSENT: Commissioners None Brian rown, MD Chai an of the Planning Commission e Whittenberg ecretary of the Planning Comm' sion CUP 98-16 (Bllcby) PCR 5