HomeMy WebLinkAboutPC Res 04-22 - 2004-05-05
RESOLUTION NUMBER 04-22
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 99-5 (INDEFINITE
EXTENSION) FOR THE CONTINUED SALE OF
LIQUOR IN CONJUNCTION WITH A 24-HOUR DRUG
STORE OPERATION ON PROPERTY LOCATED AT
12490 SEAL BEACH BOULEVARD AND ST. CLOUD
DRIVE. (SA V -ON DRUG)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On March 24, 2004, American Stores Properties Inc. (the
"Applicant") filed an applicatIOn with the Department of Development Services for an indefinite
extensIOn of a previously approved CUP (CUP 99-5) to sell beer, wine, and liquor in conjunction
with a 24-hour pharmacy to be located at 12490 Sea Beach Boulevard.
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 (Indefinite Extension) 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 Findmgs and
Statement of Overriding Considerations are incorporated herem by reference.
Section 3. A duly noticed public hearing was held before the Planning
Commission on April 21, 2004, to consider the application for Conditional Use Permit No. 99-5
(Indefimte ExtensIOn). At the public hearing the apphcant spoke in favor of the request, with no
persons appearing in opposition to the request.
Section 4.
The record of the hearing of April 21, 2004 indIcates the
following:
a. On March 24, 2004, Amencan Stores Properties Inc. (the "Apphcant")
filed an application with the Department of Development Services for an indefimte extenSIOn of
a previously approved CUP (CUP 99-5) to sell beer, wine, and liquor in conjunctIOn with a 24-
hour pharmacy to be located at 12490 Sea Beach Boulevard.
b. The drug store was approved for the off premIses sale of alcohohc
beverages in 1999. 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 wmdow are at the corner of
Seal Beach Boulevard and St. Cloud Drive, approximately 200 feet to the southwest of the drug
store structure.
c. The subject shoppmg center property contains approximately 14,884
square feet and is located north of St. 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
contams 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.
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. Surrounding land uses and zoning are as follows:
Page 1 of5
Planmng CommISSIOn ResolutIOn 04-22
ConditIOnal Use Permlf No 99-5 (Indefimte ExtensIOn)
BIXby Old Ranch Towne Center - Sav-On Drug
May 5. 2004
a North - Recently approved 75 single family detached houses to be
built 10 conjunction wIth recently approved vested tract map.
a South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G)
Zone.
a East - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G)
Zone.
a 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.
f. The "MitigatlOn Monitoring Program" estabhshes 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 10significance 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.
g. The shopping center complies wIth all City standards regarding minimum
lot SIze, building setbacks, lot coverage, build10g height (except for those architectural features
requir10g height varIatIon approval), landscaping, and parking requirements.
h. 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 indefimte extension for off-premises alcohol sales are appropriate for this
SIte.
Section 5. Based upon the facts contained in the record, includ10g those stated
in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's Code, the
Plann10g CommiSSIOn makes the following find1Ogs:
a. Conditional Use Permit No. 99-5 (Indefinite Extension), a request to
permit the continued sale of beer, wine, and liquor in conjunction with the proposed Sav-On
Drugstore with10 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 the sale of alcoholic
beverages for off premises consumption 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 pohcIes 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 surround1Og neighborhood.
c. The style, height and bulk of the structure is consistent with surrounding
commercial uses, whIch include an eXIsting shopp1Og center in the same zomng 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 adjo1Omg land uses. The subject shoppmg 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 the sale of
alcoholic beverages for off premises consumption.
d. Subject to the proposed condItIons of approval, the proposed land use
entitlement for the continued off premises sale of beer, wine, and liquor in conjunction with a
Page 2 of 5
Planning CommIssIOn ResolutIOn 04-22
Condltwnal Use PermIt No 99-5 (Indefimte ExtensIOn)
Bzxby Old Ranch Towne Center - Say-On Drug
May 5, 2004
drive-through window and a 24-hour business operation will be compatible with surrounding
uses and will not be detrImental to the surroundmg neighborhood.
e. ReqUIred adherence to apphcable building and fire codes will ensure there
will be adequate water supply and utilitles for the proposed use.
Section 6. Based upon the foregomg, the Planning Commission hereby
approves CondItional Use PermIt No. 99-5 (Indefimte Extension), subject to the following
condItions:
1. CUP # 99-5 (Indefinite Extension) is approved for an alcohol related land use at 12490
Seal Beach Boulevard, Seal Beach. The permitted use allows the sale of beer, wme 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.
4. The hours of operation shall be.
Daily 24 Hours
5. Alcohol shall not 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 that are clearly VIsible to the
exterior shall constitute a violation of thIS conditIOn.
8. The apphcant WIll prominently display these conditions of approval in a location withm
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 ofliquor license.
(b) The establishment proposes to modIfy any of its current condItions of approval.
(c) There is a substantial change m the mode or character of operatIons of the
establishment.
11. The Planmng 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 ofthe Code of the City of Seal Beach.
12. 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.
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Planmng CommISSIOn ResolutIOn 04-22
Condztwnal Use PermIt No 99-5 (Indefinite ExtensIOn)
Baby Old Ranch Towne Center - Sav-On Drug
May 5, 2004
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 alpubhc telephone listing.
14. It shall be the responsibility of the applicant/licensee to provIde all employees that sell or
serve alcohohc 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 hmlted to the following topics and skills development:
a) State laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to mmors 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 mjure,
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, includmg 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 traming 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 B.AD.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 oftrash
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 mside and outside the hcensed 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 alcohohc beverages shall be sold through the dnve through window.
19. All conditions of CUP 98-16 shall apply
20. 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 complamts be received regardmg noise generated by the establishment, the
Plannmg Commission reserves the right to schedule thIS permit for reconsideration and
may require the apphcant/busmess operator to mitigate the noise level to comply with the
provisIOns of Chapter 13D.
Page 4 of5
Planning CommISSIOn ResolutIOn 04-22
CondItIOnal Use PermIt No 99-5 (Indefimte ExtensIOn)
BIXby Old Ranch Towne Center - Sav-On Drug
May 5, 2004
21. This Conditional Use Permit 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 prior to such
expiration date.
22. The applicant shall indemnify, defend and hold harmless City, its officers, agents and
employees (collectively "the City" herem after) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing
or supplying work, services, materials, or supplies in connection with the performance of
the use permItted hereby or the exercise of the rights granted herem, and any and all
claims, lawsuits or actions arising from the granting of or the exercise of the rights
permitted by this CondItional Use Permit, and from any and all claims and losses
occurring or resulting to any person, firm, corporation or property for damage, injury or
death arising out of or connected with the performance of the use permitted hereby.
Applicant's obhgatIon to indemmfy, defend and hold harmless the City as stated herem
shall mclude, but not be limited to, paymg 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 attorneys' fees in any such lawsUIt or action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 5th day of May 2004, by the followmg vote:
PASSED, APPROVED AND ADOPTED by the Planning CommiSSIOn of the City of Seal Beach
at a meetmg thereof held on the 5th day of May 2004 by the following vote:
AYES: Commissioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: CommIssioners
None
ABSENT: Commissioners None
[.
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// J es Sharp
!/ Chairperson, Planning CommIsSIon
Mac Cummins, AICP
Secretary Planning Commission
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