HomeMy WebLinkAboutPC Res 02-19 - 2002-05-08
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RESOLUTION NUMBER 02-19
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 02-10,
PERMITTING THE ON-PREMISE
CONSUMPTION OF ALCOHOLIC
BEVERAGES (TYPE 70 LICENSE) BETWEEN
THE HOURS OF 4 AND 7 P.M, AT 12850 SEAL
BEACH BOULEVARD (SEAL BEACH HOTEL
L. P.)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On March IS, 2002, Seal Beach Hotel L. P. (the
"Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 02-10. The applicant is proposing to permit on premise
consumption of alcoholic beverages (Type 70 License) for hotel guests only during a
reception and cocktail hour in the hotel lobby/common area on the first floor between the
hours of 4 -7 P.M on property located at 12850 Seal Beach Boulevard, at the northeast
corner of the northbound I-405 Freeway off-ramp and Seal Beach Boulevard (Ayres
Hotel).
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ Il.A
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for Conditional Use Permit No. 02-10 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 request is for a minor alteration
in land use limitations in an area with an average slope of less than 20% and no changes
in land use or density are involved; and, pursuant to ~ 15061(b)(3), because it can be seen
with certainty that there is no possibility that the approval may have a significant effect
on the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on May 8, 2002, to consider the application for CUP 02-10.
Section 4.
The record of the hearing of May 8, 2002 indicates the
following:
C:\My Documents\RESO\CUP 02-10 (Ayres Hotel).PC Reso.doc\LW\05-08-02
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Planning .mission Resolution 02-19
Conditional Use Permit 02-10 (Ayres Hotel)
12850 Seal Beach Boulevard
May 8, 2002
(a) On March 15,2002, Seal Beach Hotel L. P. (the "Applicant") filed
an application with the Department of Development Services for Conditional Use Permit
02-10.
(b) The applicant is proposing to permit on premise consumption of
alcoholic beverages (Type 70 License) for hotel guests only during a reception and
cocktail hour in the hotel lobby/common area on the first floor between the hours of 4 -7
P.M. The property is located at 12850 Seal Beach Boulevard, at the northeast corner of
the northbound I-405 Freeway off-ramp and Seal Beach Boulevard (Ayres Hotel.
(c) The property is located at 12850 Seal Beach Boulevard, at the
northeast comer of the northbound I-405 Freeway off-ramp and .Seal Beach Boulevard
(Ayres Hotel). It is anticipated the hotel facility will open approximately June 1, 2002.
(d) The Commission has previously approved Conditional Use Permit
99-7 and Height Variation 99-5, allowing the construction of the hotel facility on May 3,
2000.
(e) The three-story structure along Seal Beach Boulevard has a
building frontage of approximately 155 feet. The main lobby/entrance to the hotel
facility, along with the guest registration area, office areas, conference/dining areas, and
related service areas hotel, in addition to 28 room suites are located within the first floor
area of the structure. The second and third floors are identical in design with the
exception as to the number of suites, with the second floor containing 39 suites and
related service areas, and the third floor containing 37 suites and related service areas.
(f) Surrounding land uses and zoning are as follows:
North - commercial/restaurant land uses within the Old Ranch
Towne Center Commercial Overlay (C-2) Zone and across
Lampson Avenue, Bixby Old Ranch Golf Course in the
Recreation-Golf (R-G) Zone.
South - 1-405 Freeway, with the Seal Beach Weapons Support
Facility located south of the Freeway, in the Public Land
Use/Recreation (PLU/R) Zone.
East - immediately to the east is the location of the to-be-
constructed Sunrise Assisted Care facility within the Old Ranch
Towne Center Commercial Overlay (C-2) Zone, and
approximately 1,500 feet to the east is the Bixby Old Ranch Tennis
Club, proposed to be dedicated to the City and within the Public
Land Use/Recreation (PLU/R) Zone, based on City Council
actions of November 23, 1998.
CUP 02-10 (Ayres HoteJ).PC Reso
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Planning .mission Resolution 02-19
Conditional Use Pe1711it 02-10 (Ayres Hotel)
12850 Seal Beach Boulevard
May 8, 2002
West - across Seal Beach Boulevard, in the General Commercial
(C-2) and Light Industrial (M-1) zones is the Bixby Old Ranch
Office Park development, in the City of Seal Beach.
Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this resolution and pursuant to ~~ 28-1300, 28-2503 and 28-2504 of
the City's Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 02-10 is consistent with the provisions of
the Land Use Element of the City's General Plan, which provides a "general commercial"
designation for the subject property and pennits alcohol service at hotels subject to the
issuance of a conditional use permit. The requested ability to permit on premise
consumption of alcoholic beverages (Type 70 License) for hotel guests only during a
reception and cocktail hour in the hotel lobby/common area on the first floor between the
hours of 4 -7 P.M at a hotel facility at the proposed location is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
"general commercial" designation for the subject property. 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 subject hotel facility and the site proposed for the requested
land use entitlement exceeds all standard development requirements of the City related to
lot size, setbacks, lot coverage, 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.
(c) Subject to the proposed conditions of approval, the proposed land
use entitlement to allow for the consumption of alcoholic beverages (Type 70 License)
for hotel guests only during a reception and cocktail hour in the hotel lobby/common area
on the first floor between the hours of 4 -7 P.M at an existing hotel facility 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 a senior care facility and commercial/restaurant
uses. The nearest residential uses are in excess of 350 feet to the northwest, across Seal
Beach Boulevard and to the rear of the Bixby Old Ranch Office Park development, and
150 feet to the west from the previously approved senior care facility with a 16-foot
property line sound wall separating the two uses, staff is not recommending any specific
noise related conditions at this time.
(d) Required adherence to applicable building and fire codes will
ensure 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 02-10, subject to the following conditions:
CUP 02-10 (Ayres Hotel).PC Reso
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Planning _miSSion Resolution 02-19
Conditional Use Penn it 02-10 (Ayres Hotel)
12850 Seal Beach Boulevard
May 8, 2002
1. CUP 02-10 is approved for the on-premise consumption of alcoholic beverages
(Type 70 License) for hotel guests only during a reception and cocktail hour in the
hotel lobby/common area on the first floor between the hours of 4 -7 P.M.
2. Notwithstanding any default or breach by Bixby Ranch Company under that
certain Development Agreement entered into between the City of Seal Beach and
Bixby Ranch Company, as adopted by City of Seal Beach Ordinance No. 1440,
the City agrees that such default or breach shall not affect or impair the rights of
Seal Beach Hotel L. P., its successors or assigns, under this Conditional Use
Permit. The City agrees that the rights of Seal Beach Hotel L. P., its successors
and assigns, under this Conditional Use Permit shall continue to bind Seal Beach
Hotel L. P. and the City, provided, however, that all conditions attached to this
Conditional Use Permit are satisfied by Seal Beach Hotel L. P., its successors or
assIgns.
3. All conditions of Conditional Use Pennit 99-7 will be applicable to this
Conditional Use Permit approval.
4. 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.
5. This Conditional Use Pennit 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.
6. A modification of this Conditional Use Permit shall be obtained when:
o The establishment proposes to modify any of its current conditions of
approval.
o There is a substantial change in the mode or character of operations of the
establishment.
.7. 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. .
8. 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.
CUP 02-10 (Ayres Hotel).PC Reso .
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Planning .mission Resolution 02-19
Conditional Use Pe1711it 02-10 (Ayres Hotel)
12850 Seal Beach Boulevard
May 8, 2002
9. The establishment shall comply with Section 130, "Noise Control" of the Code of
the Citv 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
pennit for reconsideration and may require the applicant/business operator to
mitigate the noise level to comply with the provisions of Chapter 13D.
10. 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.
11. 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, finns, 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 pennitted 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 8th day of Mav , 2002, by
the following vote:
AYES: Commissioners
BROWN, CUTULI, HOOD, LADNER, AND SHARP
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
CUP 02-10 (Ayres Hotel).PC Reso
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CUP 02-10 (Ayres Hotel).PC Reso
Planning .mission Resolution 02-19
Conditional Use Permit 02-10 (Ayres Hotel)
12850 Seal Beach Boulevard
May 8, 2002
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