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HomeMy WebLinkAboutPC Res 05-14 - 2005-12-07 RESOLUTION NO. 05-14 OR/6//11 ,y'4L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-4 FOR A NEW DRUG STORE WITH ALCOHOL SALES, 24-HOUR OPERATIONS AND DRIVE-THROUGH PHARMACY LANE AT 921 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Savon Drug Store is proposed to be approximately 15,000 square feet with alcohol sales, 24-hour operations and drive-through pharmacy lane in the Seal Beach Center at 921 Pacific Coast Highway, Seal Beach. Section 2. The City's environmental consultant has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 05-5 ended on November 14, 2005. The environmental consultant has prepared a "Response to Comments" document that addresses all issues raised during the public comment period have been evaluated and has determined no significant impacts have been raised. Section 3. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway. Section 4. On December 7, 2005, the Planning Commission adopted Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway through Resolution 05-67. Section 5. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Conditional Use Pennit 05-4 for a drug store with alcohol sales, 24-hour operations and a drive-through pharmacy at 921 Pacific Coast Highway. Z \My Documents\RESO\CUP 05-4 SA VON 921 PCB PC RESO\LW\12-09-05 Planmng CommiSSIOn ResolutIOn 05-14 CondItional Use PermIt 05-4 921 Pacific Coast Highway (Savon) December 7, 2005 Section 6. The Planning Commission received into evidence the Staff Report of December 7,2005, along with all attachments thereto, and considered all public testimony presented. Section 7. The Planning Commission made the following findings regarding Conditional Use Permit 05-4 and determined the proposed project is consistent with the General Plan: (a) Conditional Use Permit No. 05-4 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits the off-sale service of alcoholic beverages, 24-hour operations and drive-through pharmacy 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 building and property at 901 - 1101 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (c) The off-premises sale of beer, wine and distilled spirits, the 24- hour operations and the drive-through pharmacy lane, if properly conditioned and enforced, are 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 properties. NOW, THEREFORE BE IT RESOLVED, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 05-4, subject to the following conditions: 1. Conditional Use Permit 05-4 is approved for a new drug store. The permitted use allows the sale of beer, wine and distilled spirits for off-premises consumption, 24- hour operations and a drive-through pharmacy lane. 2. All construction must be in substantial confonnance to the plans approved by Planning Commission for Conditional Use Permit 05-4. 3. No portion of the roof shall exceed 35 feet in height. 4. The drive through lane shall be a minimum of ten feet wide. CUP 05-4 SA VON 921 PCH 2 Planning Commission ResolutIOn 05-14 ConditIOnal Use PermIt 05-4 921 Pacific Coast Highway (Savon) December 7, 2005 5. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 6. 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. 7. The hours of operation shall be: 24 Hours Daily. 8. Loading dock areas shall not be utilized between the hours of 9:00 PM to 6:00 AM. Deliveries shall not be permitted during those hours. 9. No alcoholic beverages shall be sold through the drive through window. 10. Ice shall be sold in bags no smaller than ten pounds. II. All cups, glasses or similar receptacles commonly used for the drinking of beverages, sold, furnished or given away at the premises must be sold in their original multi-container package. 12. During installation of any directional speakers, the project developer shall ensure that directional speakers be shielded and/or oriented away from off-site residences to the satisfaction of the Director of Development Services. 13. Prior to issuance of building pennits, the project developer shall prepare plans, to be approved by the Director of Development Services, which include a roof over the proposed drug store loading dock and sound attenuation panels. If it is determined that the existing proposed height of 12 feet will not allow sufficient truck access, the height of the screen wall and roof enclosure shall be increased. 14. Alcohol shall not be sold between the hours of 2:00 a.m. and 6:00 a.m., as per ABC regulations. 15. No video games or similar amusements shall be permitted on the premises. 16. 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. 17. 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. CUP 05-4 SA VON 921 PCH 3 Plannmg CommIssion ResolutIOn 05-14 CondItIOnal Use Permit 05-4 921 Pacific Coast HIghway (Savon) December 7, 2005 18. The establishment shall have a public telephone listing. 19. 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 conditions of approval. c) There is a substantial change in the mode or character of operations of the establishment. 20. 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 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. 21. 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 A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program. Telephone: (714) 568-4187 22. 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 a.m. 23. 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 CUP 05-4 SA VON 921 PCI-! 4 Plannmg CommISSIOn ResolutIOn 05-14 CondItIOnal Use PermIt 05-4 921 Pacljic Coast HIghway (Savon) December 7, 2005 the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. 24. All trash enclosures for the drug store shall be placed within the loading dock area. 25. The project shall comply with all mitigation measures adopted by Planning Commission Resolution 05-67 (Mitigated Negative Declaration 05-5). 26. The establishment shall comply with Section 7.15, "Noise" of the City of Seal Beach Municipal Code 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 7.15. 27. 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 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. 28. 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. 29. 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. 30. 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. 31. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new drug store. At the end of the initial term, the applicant may apply to the City Planning Commission for an Indefinite Extension of CUP 05-4. 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. CUP 05-4 SA VON 921 PCH 5 . I Planmng CommiSSIOn Resolution 05-14 ConditIOnal Use Pernut 05-4 921 Pacific Coast Highway (Savon) December 7, 2005 32. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of December, 2005, by the following vote: AYES: Commissioners Deaton, O'Malley, Roberts and Shanks NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners ~~J Gordon Shanks, hairman Planning Commission ~~ e - "tten--erg, Secretary ~ Planning Commission CUP 05-4 SA VON 921 PCH 6