HomeMy WebLinkAboutPC Res 02-18 - 2002-04-03
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RESOLUTION NUMBER 02-18
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 02-9,
ALLOWING THE OFF PREMISE SALE OF
ALCOHOLIC BEVERAGES AT 12171 SEAL
BEACH BOULEVARD (RITE AID)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On February 26, 2002, Thrifty Payless, Inc. (the
"Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 02-9, seeking the ability to sell alcoholic beverages for off-
premises consumption only in conjunction with a proposed re-Iocation of an existing Rite
Aid drugstore within Rossmoor Center.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15301 and ~ II.B of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
CUP 02-9 for the proposed off-premise sale of alcoholic beverages is categorically
exempt from review pursuant to the California Environmental Quality Act pursuant to 14
Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations), because the
proposal involves a minor alteration in land use limitation and does not involve either a
property in excess of20% slope or a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on April 3, 2002, to consider the application for CUP 02-9. At the public
hearing the Planning Commission received all public testimony presented during the
public hearing.
Section 4.
The record of the hearing of April 3, 2002 indicates the
following:
(a) On February 26, 2002, Thrifty Pay1ess, Inc. (the "Applicant") filed
an application with the Department of Development Services for Conditional Use Permit
02-9.
(b) Specifically, the applicant is seeking the ability to sell alcoholic
beverages for off-premises consumption only in conjunction with a proposed re-Iocation
of an existing Rite Aid drugstore within Rossmoor Center.
C:\My Documents\RESO\CUP 02-9.PC Reso.doc\LW\04-03-02
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Planning commi.l Resolution Number 02-18
Conditional Use Permit 02-9
12171 Seal Beach Boulevard (Rite Aid)
April 3, 2002
(c) The subject Rite Aid building contains approximate~y 5,509 square
feet ofbuildit:lg area, with the following use breakdowns:
o Sales Area - 2,933 square feet
o Pharmacy/Office/Restrooms - 1,034 square feet
o Stock room - 614 square feet.
(d) The subject property is described as Orange County assessor's
parcel # 086-491-19, and is located within Rossmoor Center, a 39.5 acre shopping center
with approximately 393,600 square feet of gross leasable floor area. The location of the
Rite Aid store is between Rossmoor Center Way and Bradbury, in the old Bank of
America building.
(e) The conditional use permit request is necessitated by the re-
location of the Rite Aid store within Rossmoor Center to a different building location.
The re-Iocation is necessary due to the proposed demolition of the current building
location, along with several other buildings, and the proposed reconstruction of additional
commercial building area.
(f) The proposed demolition and reconstruction is being evaluated by
the City at this time. The demolition/reconstruction project consists of the proposed
demolition of 102,175 square feet of existing commercial development and the proposed
reconstruction of 124,378 square feet of new retail-commercial development; resulting in
a net increase of 22,203 square feet of additional commercial development. An "Initial
Study/Mitigated Negative Declaration" is currently under public review, with the
comment period ending on April 1, 2002. Consideration by the Planning Commission of
the mitigated negative declaration and the height variation request related to the
demolition/reconstruction proposal is scheduled on April 17, 2002.
(g) The Rite Aid store has been relocated to the current location,
between Rossmoor Center Way and Bradbury. Before the existing liquor license can be
transferred by the Department of Alcoholic Beverage Control to the new store location, a
new conditional use permit must be approved by the City.
(h) The Rite Aid store facility received approval of Conditional Use
Permit 92-11 on November 4, 1992 for their previous store location at 12419 Seal Beach
Boulevard. That approval was to comply with a City code requirement that required
"after-the-fact" approvals for currently licensed alcohol sales establishments for both on-
premise and off-premise sales.
(i) To the northeast is a large residential condominium project, with
the nearest residential units being approximately 175 feet from the back corner of the
subject building. Additional residential condominium units are further to the west.
Loading and unloading activities occur at the south side oOhe subject building.
G)
The surrounding land uses and zoning are as follows:
CUP 02-9.PC Reso
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Planning Comm_n Resolution Number 02-18
Conditional Use Permit 02-9
12171 Seal Beach Boulevard (Rite Aid)
April 3, 2002
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o East- Residential single-family development withinthe City of
Los Alamitos, across Seal Beach Boulevard.
o North & South - Retail businesses in the General Commercial
(C-2) zone within Rossmoor Center.
o West-Residential multiple housing in a Residential High
Density (RHD) zone in the unincorporated community of
Rossmoor.
(k) The current operating hours of the business is 7:00 AM to 10:00
PM, daily.
(1) John Schaeffer, a Captain with the Seal Beach Police Department,
has reviewed the application and has no reservations or concerns regarding this request.
Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this resolution and pursuant to ~~ 18-1300,28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings: . .
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(a) Conditional Use Pyn:nit 02-9 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 propeliy and permits businesses selling alcoholic
beverages 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, anqjeflected in, the Land Use Element. Accordingly, the proposed
use is consistent with the General Plan.
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(b) Th~ building and property at 12171 Seal Beach Boulevard are
adequate in size, shape, topography and location to meet the needs of the proposed use of
the property. The building location is located within Rossmoor Center, a 39.5-acre
shopping center with approximately 393,600 square feet of gross leasable floor area. The
location of the Rite Aid store is between Rossmoor Center Way and Bradbury, in the old
Bank of America building.
(c) The proposed off-premise sale of alcoholic beverages as part of an
existing drug store operation, as conditioned, are consistent with surrounding residential
and commercial uses, in that the drug store use has been in operation at the site for more
than 20 years. The nearest residential uses are approximately 175 to the northwest and
the business hours, 7:00 AM to 10:00 PM, are standard business hours for a drug store.
(d) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Pennit 02-9, subject to the following conditions:
CUP 02-9.PC Reso
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Planning commi. Resolution Number 02-18
Conditional Use Penn it 02-9
12171 Seal Beach Boulevard (Rite Aid)
April 3, 2002
I. CUP # 02-9 is approved for the ability to sell alcoholic beverages for off-premise
consumption only.
2. The applicant shall comply with all restrictions placed on the license issued by the
State of California's Department of Alcoholic Beverage Control (ABC).
3. Consumption of alcoholic beverages is prohibited in the establishment's parking
area. There shall be posting of signs both inside and outside the licensed premises
indicating that law prohibits drinking within or outside the licensed premises.
4. It shall be the responsibility of the applicant/licensee to provide all employees that
sell or serve alcoholic beverages with the knowledge arid skill enabling them to
comply with their responsibilities under State of California law.
5. The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limited to the following topics and skills
development:
o State law relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving under
the influence, hours of legal operation and penalties for violation of these
laws.
o The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure, kill,
harm themselves or innocent victims as a result of the excessive consumption
of alcoholic beverages.
o Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
o Methods of dealing with intoxicated customers and recognizing under age
customers.
6. The following organizations provide training programs, which comply with the
above criteria:
o Provider: Department of Alcoholic Beverage Control
Program: Licensee Education on Alcohol & Drugs (LEAD)
Te1ephone:(714) 558-4101
Date: 1 stt Monday of each month
Time: 10:00 a.m. to 1 :30 p.m.
Cost: Free
Place: ABC, 28 Civic Center Plaza, Santa Ana
CUP 02-9.PC Reso
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Planning commi. Resolution Number 02-18
Conditional Use Permit 02-9
12171 Seal Beach Boulevard (Rite Aid)
April 3, 2002
o Provider: Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Program: Serving Alcohol Responsibly (BARCODE)
Telephone:(714) 834-2860 * Karen Keay
Date: They will schedule appointments
Cost: $12.95 per person
7. The hours of operation shall be 7 AM to 10 PM, daily.
8. No video games or similar amusements shall be permitted on the premises unless
a separate conditional use permit is approved for that use.
9. 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.
10. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Director of
Development Services.
11. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishments 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.
12. In the event staff determines 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 provisions of additional security measures.
13. The establishment shall comply with Chapter 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 the
subject CUP for reconsideration and may require the applicant/operator to
mitigate the noise level to comply with the provisions of Chapter 13D.
14. 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.
15. A modification of this CUP shall be applied for when:
a. The establishment proposes to change its type ofliquor license.
CUP 02-9.PC Reso
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Planning commi. Resolution Number 02-18
Conditional Use Permit 02-9
12171 Seal Beach Boulevard (Rite Aid)
April 3, 2002
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.
16. The Planning Commission reserves the right to revoke or modify this CUP
pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or
retail-related problems are demonstrated to occur as a result of criminal or anti-
social behavior, including but not limited to the congregation of minors, violence,
public drunkenness, vandalism, solicitation and/or litter.
17. This CUP shall become null and void unless exercised within one (l) 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.
18. 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 hannless 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.
19. The term of this permit shall be 12 months. At the end of the initial term, the
commission may grant an indefinite extension provided that all the 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 paid to the city prior to consideration of an indefinite
extension.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 3rd day of April, 2002, by the
following vote:
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Planning commi.l Resolution Number 02-18
Conditional Use Permit 02-9
12171 Seal Beach Boulevard (Rite Aid)
April 3, 2002
AYES: Commissioners
Brown, Cutuli, Hood, Ladner, and Sharp
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
avid Hood, Ph.
Chairman, Planning C
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