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HomeMy WebLinkAboutPC Res 05-59 - 2005-11-09 RESOLUTION NO. 05-59 Oi?/Sh IV'4( ;. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-12 FOR A HAMPTON INN & SUITES HOTEL USE WITH 24-HOUR OPERATIONS AND ALCOHOL SALES LOCATED AT 2401 SEAL BEACH BOULEVARD, SEAL BEACH (P ACIFIC GATEWAY PLAZA) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. A development application by Panattoni Development and The Boeing Company was deemed complete on July 14, 2005. The application included a request for CondItIonal Use Permit 05-12 to allow a 1I0-room hotel with 24-hour operations and alcohol sales. Section 2. Specifically, the applicant is seeking approval of a 65,484 sq. ft., 110-room Hampton Inn & Suites with 24-hour operations and a Type 70 License from the California Department of Alcoholic Beverage Control at 2401 Seal Beach Boulevard. Section 3. Pursuant to 14 California Code of Regulations ~15074 and ~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the applicatIon for Conditional Use Permit 05-12 for the proposed hotel facility is within the scope of the project analyzed in "Mitigated Negative Declaration 05-4 Pacific Gateway Plaza." Section 4. A duly noticed public hearing was held by the Planning Commission on November 9, 2005 to consider Mitigated Negative Declaration 05-4, Specific Plan Amendment 05-1, Site Plan Review 05-1, and Conditional Use Permit 05-12 for the hotel III conjunctIon with the proposed development at 2301-2499 Seal Beach Boulevard. Section 5. The Planning Commission received into evidence the Staff Report of November 9, 2005, along with all attachments thereto, including the Staff Report and considered all public testimony presented. Section 6. The Planning Commission made the following findings regarding Conditional Use Permit 05-12 and determined the proposed project is consistent with the General Plan: 1. The project is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits commercial development. The uses are 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 uses are consistent with the General Plan. 10f6 Planmng Commission ResolutIOn 05-59 ConditIOnal Use Permit 05-12 - Pacific Gateway Plaza November 9, 2005 2. The project as proposed will be consistent with the Boeing Specific Plan, as proposed to be amended. 3. The building and property at 2301-2499 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property is approximately 4.47 acres in area, and provides an adequate number of parking spaces. 4. The building and property at 2301-2499 Seal Beach Boulevard, as conditioned, meets all criteria for commercial set forth in the Code and the Boeing Specific Plan, as amended. 5. Subject to the proposed conditions of approval, the proposed land use entitlement to allow the hotel facility with sale of alcoholic beverages (Type 70 License) and 24-hour operations will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. The hotel facility is sufficiently screened from adjoining uses by landscaping and the adjoining uses are commercial uses. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. 6. The on premise consumption of alcoholic beverages (Type 70 License), if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential and commercial properties. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 05-12, subject to the following conditions: 1. CUP 05-12 is approved for llO-room hotel with 24-hour operations and on-premIse consumption of alcoholic beverages (Type 70 License) for hotel guests. 2. All development shall be in substantial conformance to plans submitted for CUP 05-12. 3. 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. 4. The applicant shall comply with the provisions of the Mitigation Measures of Mitigated Negative Declaration 05-4: a. The mitigation measures relevant to the requested development are set forth in proposed Planning Commission Resolution 05-56, provided as Attachment 1 (56 mitigation measures). 5. No commercial deliveries may occur in association with the operation of this business between the hours of 10:00 P.M. and 7:00 A.M. 20f6 Planning CommIssIOn ResolutIOn 05-59 CondItIOnal Use Permit 05-12 - Pacific Gateway Plaza November 9, 2005 6. All lighting shall be designed and located so as to confine direct rays to the premises. A lighting plan shall be reviewed and approved by the Development Services Department prior to issuance of a building permit. 7. Pnor to building permit, final landscape and irrigation plans to be approved by City. Final plans will be required to include screen trees along the building sides facing Westminster Avenue and Seal Beach Boulevard to be approved by the Development Services Department. 8. Hotel construction shall meet all conditions of the City's Sewer Ordinance 9.25 concerning fats, oils and grease. 9. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishment shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 PM and 7:00 AM. 10. No video games, arcade games or similar amusements shall be permitted on the premises unless a separate Conditional Use Permit is approved for that use. 11. A modification of this CUP shall be applied for when: (a) The establishment proposes to modify any of its current Conditions of Approval. (b) There is a substantial change in the mode or character of operations of the property. 12. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (1) set of computerized data, which is compatible with the City ARCVIEW system or Autocad system, of the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services. Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. 13. 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 Code of the City of Seal Beach, to require the provision of additional security measures. 14. The establishment shall have a public telephone listing. 15. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 16. The applicant shall furnish the City a copy of his or her 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. 3of6 ., Planmng CommISSIOn ResolutIOn 05-59 CondItIOnal Use PermIt 05-/2 - Pacific Gateway Plaza November 9. 2005 17. All alcoholic beverages must be consumed within the building. 18. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 19. 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. 20. 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 of legal operations and penalties for violations of these laws. b. The potential legal liabilities of owners and employees of businesses dispensing alcohohc 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. e. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: Department of Alcoholic Beverage Control L.E.A.D. Program Telephone: (714) 558-6482 Orange County A.D.E.P.T. Program, for referral to either the RA.D.D. or T.I.P.S. Program Telephone: (714) 568-4187 21. 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. 22. This CUP shall not become effective for any purpose unless/until a City "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) calendar-day appeal period has elapsed. 4of6 Plannmg CommzsslOn ResolutIOn 05-59 Condztional Use Permzt 05-12 - Pacific Gateway Plaza November 9, 2005 23. 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 ofthe City of Seal Beach. 24. This CUP 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. 25. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new hotel. At the end of the initial term, the applicant may apply to the City Planning Commission for an Indefinite Extension of CUP 05-12. The Planning CommissIOn may grant an extension as discussed above, provided that all Conditions of Approval have been met and no significant polIce or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of any extensions. 26. 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, 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 herein, 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 obligation to indemnify, 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 attorneys' fees in any such lawsuit or action. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby approves Conditional Use Permit No. 05-12. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of November 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, and Roberts, NOES: Commissioners None ABSENT: Commissioners O'Malley 50f6 .1 't; Lee Whittenberg Secretary, Planning Commi Planmng CommzsslOn ResolutIOn 05-59 CondItIOnal Use Permit 05-12 - Pacific Gateway Plaza November 9, 2005 ~4/~ Goraon anks Chairperson, Planning Commission **** 60f6