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HomeMy WebLinkAboutPC Res 99-15 - 1999-06-09 . . RESOLUTION NUMBER 99-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 99-5, APPROVING SALE OF LIQUOR IN CONJUNCTION WITH 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 April 26, 1999, American Stores Properties Inc (the "Applicant") filed an application with the Department of Development Services for a land use entitlement to sell beer, wine, and liquor in conjunction with a 24 hour pharmacy to be located on Site "E" of the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. Section 2. Pursuant to 14 Calif Code of Regs. ~ 15305 and ~ II B of the City's Local CEQA Guidelines, the Planning Commission determines as follows The application for CUP 99-5 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 June 9, 1999, to consider the application for Conditional Use Permit No 99-5 At the public hearing the applicant spoke in favor of the request, with no persons appearing in opposition to the request. Section 4 The record of the hearing of June 9, 1999 indicates the following. a. On April 26, 1999 American Stores Properties Inc (the "Applicant") filed an application with the Department of Development Services for a land use entitlement to sell liquor at Site "E" of Bixby Old Ranch Towne Center 26-acre commercial shopping center site b 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 corner of Seal Beach Boulevard and St Cloud Drive, approximately 200 feet to the southwest of the drive-through window c The subject shopping center property contains approximately 14,884 square feet and is located north ofSt Cloud Drive on the east side of Seal Beach Boulevard 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 . . Plannmg Camm,ss,01I &solutIO" 99-15 C01IdltlOlIal U.. Perm,t No 99-5 Baby Old Ranch To"",e Cellter Ju"e 9. 1999 d 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 e. 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. f Surrounding land uses and zoning are as follows lJ North - Recently approved 75 single family detached houses to be built in conjunction with recently approved vested tract map lJ South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone lJ East - 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 shopping center development, in the City of Seal Beach g. 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. h The "Mitigation Monitoring 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. i 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 j. 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 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. k. 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 2 . . P/alllllng CommISSIon Resoluhon 99-/5 CondIh01ltJ/ Use PermIt No 99-5 BIXby Old Rallch Towne Center )Ull. 9. 1999 a Conditional Use Permit No 99-6, a request to pennit for the sale of beer, wine, and liquor in conjunction with 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 that sells beer, wine, and liquor in conjunction 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, staff is 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 land use entitlement for the off premises sale of beer, wine, and liquor in conjunction 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 99-5, subject to the following conditions 1 CUP # 99-5 is approved for an alcohol related land use at Lot "E" of the Tentative Tract Map of the Bixby Old Ranch Towne Center, Seal Beach The pennitted use allows the sale of beer, wine and distilled spirits for off-premises consumption 2 The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control 3 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 3 . . Plmullng ComnllSSIOIl Resolution 99- J 5 C01Id,tlOlIal U.. Perm,t No 99-5 BIXby Old Ranch Towne Center June 9, 1999 4. The hours of operation shall be' Daily 24 Hours 5 Alcohol shall be sold between the hours of 6 AM and 2 AM, as per ABC regulations 6. No video games or similar amusements shall be permitted on the premises 7 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 8 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 9. 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 10. A modification of this Conditional Use Permit shall be obtained when (a) The establishment proposes to change its type of liquor license (b) The establishment proposes to modify any ofit's current conditions of approval (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 ifany violation of the approved conditions occurs, any violation of the Code of the City of Seal Beac!!, 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 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 MuniciDal Code, to require the provision of additional security measures 13. The establishment shall have a public telephone listing 14 It shall be the responsibility of the applicantllicensee 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 oflegal operations and penalties for violations of these laws. 4 . . PlaMmg CammlsslOn Resolution 99-15 CondJtJanalUs. Permit No 99-5 BIXby Old Rallch Towne r..nter )Ull. 9, 1999 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 d) Methods for dealing with intoxicated customers and recognizing underage customers 15. 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 LEA D Program Telephone (714) 558-6482 2) Orange County A DoE P T Program, for referral to either the BAD D or T.l P S Program Telephone: (714) 568-4187 16 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 ofl0 00 PM and 7 00 AM. 17. 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 if located in a commercial center. 18. No alcoholic beverages shall be sold through the drive through window 19 All conditions of CUP 98-16 shall apply. 20 The establishment shall comply with Section lJD, "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 applicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter lJD 21. This Conditional Use Permit shall become null and void unless exercised withm one (I) 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 22 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 malhng labels to the Department of Development Services). At the end of this initial review period the Commission shall review the use at a public hearmg 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 Ifat 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 5 . . Pla1llllllg Com",..S'01I ResoluII01I 99-15 COIull1lotlal Us. Perm.t No 99-5 BIXby Old Ra1lch TOW1Ie Cellter JUlIe 9. 1999 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of June 1999, by the following vote: AYES. Commissioners Brown, Hood, Larson NOES Commissioners ABSENT. Commissioners Lyon, Cutull Brian wn, MD Chairman of the Planning Commission 6