Loading...
HomeMy WebLinkAboutPC Res 05-13 - 2005-12-07 RESOLUTION NO. 05-13 OR/6//11 1114( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-3 FOR A NEW MARKET WITH ALCOHOL SALES AND 24-HOUR OPERATIONS AT 1101 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Von's Pavilions Market is proposed to be approximately 48,000 square feet in the Seal Beach Center at 1101 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 Permit 05-3 for a market with alcohol sales and 24-hour operations at 1101 Pacific Coast Highway. 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. Z \My Documents\RESO\CUP 05-3 VONS 1101 PCH PC RESO\LW\12-09-05 Planmng CommIssion ResolutIOn 05-13 ConditIOnal Use PermIt 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 Section 7. The Planning Commission made the following findings regarding Conditional Use Permit 05-3 and determined the proposed project is consistent with the General Plan: (a) Conditional Use Permit No. 05-3 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 and 24-hour business operations 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 and the 24- hour operations, 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 properties. (d) The subject property has been developed as a market since 1966. NOW, THEREFORE BE IT RESOLVED, that based upon the foregoing the Planning Commission hereby approves Conditional Use Permit No. 05-3, subject to the following conditions: 1. Conditional Use Permit 05-3 is approved for a new market. The permitted use allows the sale of beer, wine and distilled spirits for off-premises consumption and 24-hour operations. 2. All construction must be in substantial conformance to the plans approved by Planning Commission for Conditional Use Permit 05-3. 3. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 4. The applicant shall furnish the City a copy of the 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. 5. The hours of operation shall be: 24 Hours Daily. CUP 05-3 VONS 1101 PCH 2 Planmng CommIssion Resolution 05-13 CondItIOnal Use PermIt 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 6. 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 7. Alcohol shall not be sold between the hours of 2:00 a.m. and 6:00 a.m., as per ABC regulations. 8. No video games or similar amusements shall be permitted on the premises. 9. 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. 10. 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. 11. 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. 12. The establishment shall have a public telephone listing. 13. 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. CUP 05-3 VONS 1101 PCH 3 Planmng CommISSIOn ResolutIOn 05-13 CondItIOnal Use Permu 05-3 1101 Pacific Coast Highway (Vons) December 7, 2005 14. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: a) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone: (714) 558-6482 b) 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 15. 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. 16. 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. 17. The loading dock shall be fully enclosed in a manner architecturally compatible with the building design. Prior to issuance of building permits, the project developer shall prepare plans, to be approved by the Director of Development Services. The recycling facility shall be located within the loading dock area. 18. All trash enclosures for the market shall be placed within the loading dock area. 19. For the two comers at Bolsa Avenue at Pacific Coast Highway and Balboa Drive at Pacific Coast Highway, enhanced landscaping with minimum 48-inch box trees shall be provided, to be approved by the Director of Development Services prior to issuance of building permits. 20. City identification entry signs shall be included in the two enhanced corner treatments at Bolsa at Pacific Coast Highway and Balboa at Pacific Coast Highway, to be approved by the Director of Development Services prior to issuance of building permits. Signs should be similar in design to those installed in conjunction with development at 347 Main Street at the southwest corner of Main Street and Pacific Coast Highway. 21. Landscaping shall include pavers surrounding trees every 15-feet on center on the public right-of-way on the south side of Bolsa Avenue. Final paver selection and installation shall be approved by the Director of Public Works/City Engineer. CUP 05-3 VONS 1101 PCH 4 Plannmg CommissIOn ResolutIOn 05-13 CondItIOnal Use PermIt 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 22. Sod shall be planted in the street parkways on both sides of Bolsa Avenue; the south side shall be permanently maintained by the shopping center. The final planting plan shall be approved by the Director of Public Works/City Engineer. 23. Repair damaged curb/gutter/sidewalk on Pacific Coast Highway, Bolsa Avenue and Balboa Avenue as directed by the Director of Public Works/City Engineer. A plan for the locations and construction shall be submitted by the applicant for approval by the Director of Public Works/City Engineer. 24. The applicant shall obtain necessary approvals for the project from the California Department of Transportation (CalTrans). 25. Landscaping arId perimeter trees shall be planted in accordance with a plan prepared by the developer to be approved by the Director of Development Services. 26. All missing trees within public rights-of-way shall be replaced with palm trees of equal size or equivalent as approved by the Director of Public Works/City Engineer. 27. Prior to the issuance of building permits, the project developer shall provide a water plan for approval by the Public Works Department, including the following: a. Demolish existing 8-inch market fire service and vault. b. Install new USC approved double check detector assembly for new market, and for any other building requiring a fire service. Note proximity to existing fire hydrants. c. Demolish all abandoned water services at the corporation stop on the City water mainline. d. All new and existing water meters to be installed or relocated out of driveways, alleyways and parking areas. e. Install new USC approved RP backflow on all new commercial services. f. Make provisions with the Public Works Director/City Engineer regarding the 6 inch mainline that is in conflict with the proposed drug store building pad. g. Relocate existing 1 inch and 1 lh inch meter at new electrical room. h. Relocate existing irrigation service and meter, and install new USC approved RP backflow prevention device. 1. Request inspection at least 48 hours in advance of any work to the City's Chief Water Operator for all items listed above. J. All new meter locations must be approved by the Public Works Department. 28. Provide a sewer layout plan for approval by the Public Works Department. CUP 05-3 VONS 1101 PCH 5 Plannmg CommiSSIOn ResolutIOn 05-13 Conditional Use Permit 05-3 1101 Pacific Coast HIghway (Vons) December 7, 2005 29. Install grease interceptors and sewer facilities in accordance with Section 9.25, "Fats, Oil and Grease Management and Discharge Control" of the City of Seal Beach Municipal Code. 30. The project shall comply with all mitigation measures as adopted by Resolution 05-67 (Mitigated Negative Declaration 05-5). 31. The establishment shall comply with Section 7.15, "Noise" ofthe 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. 32. 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. 33. 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. 34. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of issuance of a demolition permit by the Building Department for the structure at 1101 Pacific Coast Highway, 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. 35. 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. 36. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new market. At the end of the initial term, the applicant may apply to the City Planning Commission for an Indefinite Extension of CUP 05-3. 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 05-3 VONS 1101 PCH 6 Plannmg CommiSSIOn ResolutIOn 05-13 CondItIOnal Use Permit 05-3 1101 Pacific Coast Highway (Vons) December 7, 2005 37. 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 [rom 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 ~~ Gordon Sanks, Ch an Planning Commission Whittenberg, Secretary Planning Commission CUP 05-3 VONS 1101 PCH 7