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HomeMy WebLinkAboutPC Res 09-27 - 2009-06-03 OR/G/1V41.. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 09-9, FOR THE MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT TO ALLOW A TYPE 21 ABC LICENSE (OFF-SALE GENERAL) IN CONJUNCTION WITH AN EXISTING RETAIL AND GROCERY STORE AT 12300 SEAL BEACH BOULEVARD (TARGET). RESOLUTION NUMBER 09-27 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 23, 2009, Target Corporation filed an application for Conditional Use Permit 09-9 with the Department of Development Services. Section 2. The applicant is requesting a modification to their eXlstmg Conditional Use Permit to expand their existing Type 20 ABC license (off-sale beer and wine) to a Type 21 ABC license (off-sale general) at an existing retail and grocery store (Target) at 12300 Seal Beach Boulevard. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15301, Staff has determined as follows: The application for Conditional Use Permit 09-9 for the requested land use entitlements at an existing retail and grocery store is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on June 3, 2009, to consider the application for Conditional Use Permit No. 09-9. At the public hearing, the Planning Commission received written and oral evidence on the proposed project. Section 5. The record of the public hearing of June 3, 2009, indicates the following: (a) On April 23, 2009, Target Corporation filed an application for Conditional Use Permit 09-9 with the Department of Development Services requesting approval to modify their existing Conditional Use Permit and expand their existing Type 20 ABC license (off-sale beer and wine) to a Type 21 ABC license (off-sale general) at a general retail and grocery store (Target) located in the Old Ranch Towne Center at 12300 Seal Beach Boulevard. (b) The subject property is located in the Old Ranch Towne Center development, located east of Seal Beach Blvd. 10f6 Planning Commission Resolution No. 09-27 Conditional Use Permit 09-9 J 2300 Seal Beach Blvd. (Target) June 3, 2009 (c) Surrounding land uses and zoning are as follows: NORTH: To the north of the subject lease space are residential properties within the City of Seal Beach and City of Los Alamitos. SOUTH: Additional lease spaces within the Old Ranch Towne Center in the C-2, General Commercial Zone; Old Ranch Country Club Golf Course. WEST: CommercialJRetaillease spaces within the Shops at Rossmoor commercial development. EAST: Old Ranch Country Club Golf Course; Los Alamitos Joint Forces Training Base. (d) The existing retail store use comprises 128,992 square feet and is located on the northern side of the Old Ranch Towne Center. (e) Based on current information obtained from the Department of Alcoholic Beverage Control (ABC), the list of existing a1cohollicenses within the general vicinity of the existing business are as follows: EXISTING ALCOHOL LICENSES WITIDN CENSUS TRACT 1100.12 Address: Business Name Type of Conditional ABC Use Permit License Case Numher 3900 Lampson Avenue Seal Beach Tennis Center 41 05-2 3901 Lampson Avenue Old Ranch Country Club 57 92-14 12300 Seal Beach Boulevard Target 20 03-4 12320 Seal Beach Boulevard Islands Restaurant 47 01-12 12380 Seal Beach Boulevard Romano's Macaroni Grill 47 02-2 12420 Seal Beach Boulevard Rubio's Baja Grill 41 01-16 12430 Seal Beach Boulevard Santa Fe Importers 41 07 -11 12470 Seal Beach Boulevard Ralph's Supermarket 21 00-9 12490 Seal Beach Boulevard CVS Pharmacy 21 99-5 12850 Seal Beach Boulevard Ayres Hotel 70 02-10 License Types: Type 20: Off Sale Beer and Wine- (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premIses. 20f6 Planning Commission Resolution No. 09-27 Conditional Use Permit 09-9 /2300 Seal Beach Blvd. (Target) June 3, 2009 Type 21: Off Sale General- (Package Store) Authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. Type 41: On Sale Beer & Wine - Eating Place- (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals during the normal meal hours that they are open; at least five days a week. Minors are allowed on the premises. Type 47: On Sale General - Eating Place- (Restaurant) Authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals during the normal meal hours that they are open; at least five days a week. Minors are allowed on the premises. Type 57: Special On-Sale General- Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine, and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. Type 70: On Sale General - Restrictive Service- Authorizes the sale or furnishing of beer, wine, and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite-type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on the premises. Section 6. Based upon the facts contained in the record, including those stated in 95 of this resolution and pursuant to 99 28-1300; 28-2503 to 2505 of the City's Code, the Planning Commission makes the following findings: (a) CUP No. 09-9 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 permits alcohol sales, subject to the issuance of a Conditional Use Permit. The use as a general retail and grocery store with off-premise general liquor sales 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. 30f6 Planning Commission Resolution No. 09-27 Conditional Use Permit 09-9 12300 Seal Beach Blvd. (Target) June 3, 2009 (b) The building and property at the Old Ranch Towne Center 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 general retail and grocery store with off-premise beer and wine sales, if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach would mitigate any adverse impacts to neighboring residential properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 09-9, subject to the following conditions: 1. Conditional Use Permit 09-9 is approved for a change of the existing Type 20 ABC license (off-sale beer and wine) to a new Type 21 (off-sale general) ABC license at 12300 Seal Beach Boulevard. 2. All construction and tenant improvements shall be in substantial compliance with the plans submitted as a part of the application and dated April 10, 2009. 3. The applicant shall comply with all restrictions placed on the license issued by the State of California's Department of Alcoholic Beverage Control (ABC) and a copy of said approved license shall be filed with the Department of Development Services as soon as the license is received by the applicant from ABC. 4. Unless specifically superseded by this Conditional Use Permit, all conditions of CUP 03- 4 shall remain in effect. 5. There shall be posting of signs in the area where alcoholic beverages are displayed for sale stating that sales of alcoholic beverages to persons under 21 years of age is prohibited, as well as Proposition 65 warnings with regard to alcohol consumption. 6. It shall be the responsibility of the applicant/licensee to provide all employees that sell alcoholic beverages with the knowledge and skill enabling them to comply with their responsibilities under State of California law. 7. No commercial deliveries or trash disposal activities may occur in association with the operation ofthis business facility between the hours of 10:00 P.M. and 6:00 A.M 8. No coin-operated video games or similar amusements shall be permitted on the premises. 9. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding commercial areas. 40f6 Planning Commission Resolution No. 09-27 Conditional Use Permit 09-9 f 2300 Seal Beach Blvd. (Target) June 3.2009 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. The establishment shall have a public telephone listing. 12. 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. 13. 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 provision of additional security measures. 14. The establishment shall comply with Chapter 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. 15. A modification of this Conditional Use Permit shall be applied for when: a. The establishment proposes to change its type of liquor license. 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 Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach. 17. This Conditional Use Permit shall become null and void unless exercised within 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 of90 days prior to such expiration date. 18. This Conditional Use Permit 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 10 calendar-day appeal period has elapsed. 19. The term of this permit shall be 12 months. At the end of the initial term, the applicant may apply to the City for an extension of Conditional Use Permit 09-9. The Planning Commission may grant an indefinite extension provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant 50f6 Planning Commission Resolution No. 09-27 Conditional Use Permit 09-9 J 2300 Seal Beach Blvd. (Target) June 3, 2009 is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite permit. 20. 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 al1 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. 21. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of June 2009 by the following vote: AYES: Commissioners Deaton, Bello, Eagar, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Larson ABSTAIN: Commissioners None ciLU/tLfFO.kJ~~~ / Ellery Deaton Chairperson, Planning Commission .-- Lee Whittenberg Secretary, Planning Commissio ***** 60f6