HomeMy WebLinkAboutPC Res 04-50 - 2004-10-06
RESOLUTION NUMBER 04-50
OR/6/JlJ
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVINGTHE
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT NO. 03-4, APPROVING THE CONTINUING
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 September 13, 2004, Beth Aboulafia (Hinman & Carmichael
LLP) (the "Applicant") filed an application, on behalf of Target CorporatIon, with the
Department of Development Services for an Indefinite Extension of Conditional Use Penmt 03-4
to continue the sale of beer and wine in conjunction with an existing commercial store at 12300
Seal Beach Boulevard (Target).
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ ILB of the
City's Local CEQA Guidelines, the Planning Commission determines as follows: The
application for CUP 03-4 (Indefinite Extension) 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 October 6,2004, to consider the application for Conditional Use Pennit No. 03-
4 (fndefinite Extension). 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 October 6, 2004 indicates the
following:
a. On September 13,2004, Beth Aboulafia (Hmman & Cannichael LLP (the
"Applicant") filed an application, on behalf of Target Corporation, with the Department of
Development Services for an Indefinite Extension of Conditional Use Pem1it 03-4 to continue to
sell beer and wine in conjunction with an existing commercial store at 12300 Seal Beach
Boulevard (Target).
b. Surroundmg land uses and zoning are as follows:
o North - 75 smgle 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.
CI 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.
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Planning CommiSSIOn ResolutIOn 04-50
ConditIOnal Use Pennll No 03-4(lndefllllte ExtensIOn)
12300 Seal Beach Blvd (Tal get Store)
October 6, 2004
c. The "Mitigation Monitoring Program" establishes a number of specific
action measures that have been proposed to reduce the identified environmental impacts of the
shoppmg 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 (2nd Revision), and are incorporated herein by
reference.
d. The shopping center development plan complies with all City standards
regarding minimum lot size, building setbacks, lot coverage, bUIlding heIght, landscaping, and
parking requirements.
Section 5. Based upon the facts contained in the record, including those stated
in 94 of thIS resolution and pursuant to 9S 28-1400, 28-2503 and 28-2504 of the City's Code, the
Planning CommIssion makes the following findings:
a. Conditional Use Permit No. 03-4 (Indefinite Extension), a request to
continue the sale of beer and wine for off site consumption, 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 pennits off sale alcohol licenses, subject to
the issuance of a conditional use pennit. 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 ofthe proposed use of the property.
c. Subject to the proposed conditions of approval, the proposed Indefinite
Extension of Conditional Use Pennit 03-4 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 landscapmg 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 arc
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 Planmng Commission hereby
approves Conditional Use Pennit No. 03-4 (Indefinite Extension) subject to the following
conditions:
1. CUP # 03-4 (Indefinite Extension) is approved for an alcohol related land use at 12300
Seal Beach Boulevard, Seal Beach (Target). The pennitted use allows the continued sale
of beer and wine for ofT-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.
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Plalllllng CO/llllllSSlO/I ResolutIOn 04-50
Condt/lOl/al Use Penlllt No 03-4(/ndefbllte ExtenslOl/)
/2300 Seal Beach Blvd (Target Store)
October 6, 2004
4.
The allowed hours of operation shall be: Daily
6AM-2AM
5. Alcohol shall be sold between the hours of 6 AM and 2 AM, as per ABC regulations.
6. No coin operated video games or similar coin operated amusements shall be pennitted 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 pennitted 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 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 Depmiment;
and until the ten (10) day appeal period has elapsed.
10. A modification of this Conditional Use Pennit 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
Pennit 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.
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. It shall be the responsibility of the applicant/licensee 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 relatmg 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 oftlle excessive
consumption of alcoholic beverages.
c) Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
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Plall/llng Comll1l5SI011 ResolutlOlI 04-50
COIlt/alOllal Use Permit No 03-4(lndefi/llte ExtellslOlI)
12300 Seal Beach Blvd (Target Store)
October 6, 2004
d) Methods for dealing with intoxicated customers and recognizing underage
customers.
15. The following organizations have been identified by the State Depmtment of Alcoholic
Beverage Control as providing training programs which comply with the above criteria:
I) 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 B.AD.D. or
T.I.P.S. Progrmn.
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 conswnption 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.
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" 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.
20. This Conditional Use Pennit shall become null and void unless exercised withm 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 plior to such
expiration date.
21. 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.
22. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, finns, or corporations furnishing
or supplying work, services, materials, or supplies in connection with the perfonnance of
the use peImitted hereby or the exercise of the rights granted herein, and any and all
claims, lawsuits or actions m'ising from the granting of or the exercise of the rights
pennitted by this Conditional Use Permit, and from any and all claims and losses
occumng or resulting to any person, firm, corporation or property for damage, mjury or
death arising out of or connected WIth the performance of the use pennitted hereby.
Applicant's obligation to indemmfy, defend and hold harmless the City as stated herein
shall include, but not be limited to, paying 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, verdicts,
court costs or attorney's fees in any such lawsuit or action.
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Plal1lllllg COII/IIIISSIOI1 ResolutlOlI 04-50
COIlc/alOllal Use Pel/lilt No 03-4(IIIc/efll/lte ExtellslOlI)
12300 Seal Beach Blvd (Target StOI e)
October 6, 2004
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 6th day of October 2004 by the following vote:
AYES: Commissioners Ladner, Deaton, Roberts, Shanks, and Sharp
NOES: Commissioners None
ABSENT: Commissioners None
Phil'Ladner
ChaIrperson, Plannmg CommissIon
ee Whittenberg
Secretary, Planning Commi
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