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Home My WebLink AboutPC Res 98-27 - 1998-09-09 " .. RESOLUTION NUMBER 98- 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-12, PERMITTING THE EXTENSION OF OPERATIONAL HOURS TO TWENTY-FOUR HOURS AT PAVILIONS MARKET (VONS) LOCATED AT 1101 PACIFIC COAST mGHW A Y, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE' Section 1. On June 4, 1998, Nancy Patterson, an agent of Urban Solutions, submitted an application on behalf of The V ons Companies to the Department of Development Services Specifically, the applicant is requesting approval to operate a full service retail grocery market on a twenty-four hour a day basis. Section 2 Pursuant to 14 Calif Code of Regs ~ IS02S(a) and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows The application for Conditional Use Permit (CUP) 98-12 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 0 1 S061 (b )(3), because it can be seen with certainty that there is no possibility the approval may have a significant effect on the environment Section 3. A duly noticed public hearing was held before the Planning Commission on September 9, 1998 to consider CUP No. 98-12. Section 4 The record of the hearing on September 9, 1998 indicates the following: (a) On June 4, 1998, Nancy Patterson, an agent of Urban Solutions, filed an application for CUP 98-12 on behalf of The Vons Companies with the Department of Development Services (b) Specifically, the applicant is seeking approval to operate a retail grocery business on a 24 hour a day basis at Pavilions Market located at 110 1 Pacific Coast Highway, Seal Beach. (c) The subject lease space is located within the Seal Beach Center, a retail commercial center located on the north side of Pacific Coast Highway between Main Street and Balboa Drive. (d) The surrounding land uses and zoning are as follows' NORTH Across Bolsa Avenue are single family homes in the Residential Low Density zone, (RLD). SOUTH Across Pacific Coast Highway, a mix of commercial and residential uses in the General Commercial zone,(C-2) and the Residential High Density zone, (RHO) EAST Across Balboa Drive are single family homes in the Residential Low Density zone, (RLD). WEST A mix of commercial and residential uses in the General Commercial zone, (C-2) and the Residential High Density zone, (RHO) Located across Main Street is a bank in the General Commercial zone (C-2) D \My documents\CandrtlOllal Use Permils\98-12 ResoIutJon doc i? .. Section 5 Based upon the facts contained in the record, including those stated in 04 of this resolution, and pursuant to 0028-1300,28-2503 and 28-2504 ofthe City's~, the Planning Commission hereby finds as follows: (a) CUP 98-12 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 operation of retail grocery stores 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 1101 Pacific Coast Highway is adequate in size, shape, topography and utilities service to meet the needs of the proposed use of the property. (c) The subject grocery market has sold alcoholic beverages for off-site consumption for 10 years with no history of community safety related concerns (d) The Seal Beach Police Department has reviewed the requested expansion of hours of operation and has no concerns with the granting of this request Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 98-12, subject to the following conditions' 1 CUP 98-12 is approved for operation of business for 24 hours a day at the existing market located at 1101 Pacific Coast Highway, Seal Beach 2 No commercial deliveries nor trash disposal activities may occur in association with the operation of this business between the hours of 10 p.m and 6 am 3 No sales of alcoholic beverages may occur in association with the operation of this business between the hours of 2 a m and 6 a.m.. 4 The applicant shall notifY both the Police and Fire Departments of extended hours of operation at least 72 hours prior to commencing such extended hours of operation S. No video games or similar amusements, nor any other activities tnan those currently associated with the business, shall be permitted on the premises 6 No lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages are permitted in the window areas Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition 7 This Conditional Use Pennit 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 8. A modification of this Conditional Use Permit shall be obtained if or when (a) The establishment proposes to change its type ofliquor license. (b) The establishment proposes to modifY any of its current conditions ofapproval ( c) There is a substantial change in the mode or character of operations of the establishment. 10 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 Citv 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. 98-12 Resolution BCC'be Page 2 -. . , 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 surrounding residential or commercial areas. 12. 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. 13. The establishment shall have a public telephone listing. 14 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 The premises shall include the licensed premises proper, appurtenant and required parking areas. and appurtenant common areas iflocated in a commercial center. 16. The subject market remains bound by all conditions of CUP 10-88. 17. The proposed facility shall comply with Chapter 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 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 13D. 18. This Conditional Use Pennit 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. 19. The term of this permit shall be for twelve (12) months, after which time the applicant may apply to the Commission for an indefinite extension, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occur with respect to the subject property. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th" day of September, 1998 by the following vote. AYES' Commissioners WS".::I~ J L'[i)~ I <:.'^t""l; NOES. Commissioners ~VOWII'\ , ~ J. ABSENT: Commissioners "lOkfl. ~ (J)~ ee Whitten erg, Secretary Planning Commission Bria rown. M D , Chairman Planning Commission 98-12 ResoIutJon Bec.be Page 3