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HomeMy WebLinkAboutPC Res 03-33 - 2003-09-18 RESOLUTION NUMBER 03-33 ORIGINAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 03-4, APPROVING THE OFF- SALE OF BEER & WINE IN CONJUNCTION WITH AN EXISTING COMMERCIAL STORE (TARGET) AT 12300 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 17, 2003, Target Corporation (the "Applicant") filed an application with the Department of Development Services for a land use entitlement to sell beer and wine in conjunction with an existing commercial store at 12300 Seal Beach Boulevard (Target). At the applicant's request, the public hearing was postponed until September 17,2003. 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 03-4 is within the scope of the project analyzed in the Bixby Old Ranch Towne Center Environmental Impact Report (the "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. During the hearing, no new information was brought forward that would require recirculation of any previously certified environmental document pursuant to CEQA Guidelines Section 15088.5, or subsequent or supplemental environmental review pursuant to CEQA Guidelines Sections 15162 and 15163. Section 3. A duly noticed public hearing was held before the Planning Commission on September 17, 2003, to consider the application for Conditional Use Permit No. 03-4. At the public hearing the applicant spoke in favor of the request, with no persons appearing in opposition to the request. Section 4. the following: The record of the hearing of September 17, 2003 indicates a. On July 17, 2003, Target Corporation (the "Applicant") filed an application with the Department of Development Services for a land use entitlement to sell beer and wme in conjunction with an existing commercial store at 12300 Seal Beach Boulevard (Target). At the applicant's request, the public hearing was postponed until September 17, 2003. b. Surrounding land uses and zoning are as follows: o North - 75 single family detached houses in RLD zone o South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. o East - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. o 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. Page 1 of 5 Planmng CommISSIOn ResolutIOn 03-33 ConditIOnal Use Permit No 03-4 Target Store Beer & Wme September 17, 2003 c. The "Mztzgation Monitoring Program" establishes a number of specific action measures that have been proposed to reduce the identified environmental impacts of the shopping center development to a level of insignificance in relation to this application. The applicable mitigation measures are conditions of approval for Site Plan ReVIew 98-1 (92 mitigation measures) and Site Plan Review 98-1 (2" Revision), and are incorporated herein by reference. d. The shopping center development plan complies with all City standards regarding minimum lot size, buildmg setbacks, lot coverage, building height, landscaping, and parking requirements. Section 5. Based upon the facts contained in the record, mcluding those stated in 94 of this resolution and pursuant to 9928-1400,28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: a. Conditional Use Permit No. 03-4, a request to permit for the sale of beer and wine, in conjunction with an existing commercial business (Target) within the Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits off sale alcohol licenses, 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. 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 alcohol land use exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height, 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. c. Subject to the proposed conditions of approval, the proposed land use entitlement for the off premises sale of beer and wine 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, no additional specific noise related conditions are necessary at this tIme. d. 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. 03-4, subject to the following conditions: 1. CUP # 03-4 is approved for an alcohol related land use at 12300 Seal Beach Boulevard, Seal Beach (Target). The permitted use allows the sale of beer and wine 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 Page 2 of5 Planmng CommISSIOn ResolutIOn 03-33 CondItIOnal Use PermIt No 03-4 Target Store Beer & Wine September 17, 2003 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. 4. The allowed hours of operation shall be: Daily 6:00 a.m. - 2:00 a.m. 5. Alcohol shall be sold between the hours of6:00 a.m. - 2:00 a.m., as per ABC regulations. 6. No coin operated video games or similar coin operated 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 that are clearly visible to the exterior shall constitute a violation ofthis 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 ofthis Conditional Use Permit shall be obtained when: (a) The establishment proposes to change its type ofliquor license. (b) The establishment proposes to modify any of its 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 if any violation of the approved conditions occurs, any violation ofthe 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. 11. Exterior lightmg 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. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages WIth the knowledge and slalls 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: Page 3 of 5 Plannmg CommiSSIOn ResolutIOn 03-33 ConditIOnal Use Permit No 03-4 Target Store Beer & Wme September J 7, 2003 a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. 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 L.E.A.D. Program Telephone: (714) 558-6482 2) Orange County AD.E.P.T. Program, for referral to either the RAD.D. or T.I.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 of 10:00 P.M. 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. All conditions of SIte Plan Review 98-1 & Site Plan Review 98-1 (2nd Revision) shall apply. This resolution is identified as City Council Resolution #4731, adopted on August 23, 1999. 19. The establishment shall comply with Section 13D, ''Noise Control" ofthe 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. 20. 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. 21. The term of this permit shall be for twelve (12) months (At the end ofthe 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). At the end of this initial review period the Commission shall review the use at a public hearing and may Page 4 of 5 Planmng CommISSIOn ResolutIOn 03-33 CondItIonal Use PermIt No 03-4 Target Store Beer & Wme September J 7, 2003 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. 22. Loading dock areas shall not be utilized between the hours of 10:00 p.m. and 6:00 a.m., as is consistent with Site Plan Review 98-1 (2nd Revision). This resolution is identified as City Council Resolution #4731, adopted on August 23, 1999. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of September 2003, by the following vote: AYES: Commissioners Sharp, Eager, Ladner, Deaton, Shanks NOES: Commissioners ABSENT: Commissioners m Sharp, Vice. airperson Chairman of the Planning Commission Whittenberg ecretary of the Planning CommIssion Page 5 of 5