HomeMy WebLinkAboutPC Res 09-43 - 2009-11-040z9z I
RESOLUTION NUMBER 09-43 6 �/1/
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 08 -8 ALLOWING A
CERTIFIED FARMERS MARKET FROM 9:00 A.M.
TO 2:00 P.M., ONE DAY A WEEK, WITHIN THE
PARKING LOT AREA OF THE SEAL BEACH
VILLAGE SHOPPING CENTER WITHIN THE
SERVICE COMMERCIAL (C -1) ZONE AT 13960
SEAL BEACH BOULEVARD.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE:
Section 1 . On September 22, 2009, Seal Beach Village L.P. (the
"Applicant ") filed an application with the Department of Development Services for
Conditional Use Permit 08 -8 (Indefinite Extension), for the Indefinite Extension of an
existing Conditional Use Permit allowing a weekly Certified Farmers Market from 9:00
a.m. to 2:00 p.m., within the parking lot area of the property located at 13960 Seal
Beach Boulevard (Seal Beach Village shopping center)
Section 2 . Pursuant to 14 California Code of Regulations §15305 and
§II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for CUP 08 -8 (IE) for the proposed Certified Farmers Market is categorically
exempt from review pursuant to the California Environmental Quality Act pursuant to 14
California Code of Regulations §15301 (Existing Facilities), because the proposal
involves a negligible expansion of an existing use; pursuant to §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 of 20% slope or a
change in land use or density.
Section 3 . A duly noticed public hearing was held before the Planning
Commission on November 4, 2009, to consider the application for CUP 08 -8 (IE).
Section 4 . The record of the hearing of November 4, 2009, indicates
the following:
(a) On September 22, 2009, Seal Beach Village L.P.
submitted an application for CUP 08 -8 (IE) with the Department of Development
Services.
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Planning Commission Resolution No. 09 -43
Conditional Use Permit 08 -8 (Indefinite Extension)
13960 Seal Beach Blvd. (Farmers Market)
November 4, 2009
(b) Specifically, the applicant is requesting the Indefinite
Extension of an existing Conditional Use Permit for the operation of a weekly Certified
Farmers Market from 9:00 a.m. to 2:00 p.m., one day a week, within the parking lot area
of the property located at 13960 Seal Beach Boulevard (Seal Beach Village shopping
center).
(c) The Certified Farmers Market site comprises
approximately 1300 square feet in area.
(d) The subject property is legally described as Orange
County assessor's parcel number 095 - 641 -45.
(e) The Certified Farmers Market site is located within an
existing shopping center, which includes a variety of commercial businesses.
(f) The surrounding land uses and zoning are as follows:
NORTH & WEST Residential Housing in Leisure World, in a Residential High
Density, Planned Development (RHD -PD) Zone.
EAST Naval Weapons Station Seal Beach in a Public Land
Use /Recreation (PLU /R) Zone.
SOUTH Commercial retail and light industrial uses within the Boeing
Integrated Defense Systems (BIDS) Specific Plan Zone.
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 08 -8 (Indefinite Extension) is
consistent with the provisions of the Land Use Element of the City's General Plan,
which provides a "Service Commercial (C -1)" zoning designation for the subject
property and permits retail and service establishments catering directly to consumers
when interpreted by the Planning Commission as meeting the intent of service
commercial uses and the general plan, 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 property at 13960 Seal Beach Blvd. is adequate
in size, shape, topography and location to meet the needs of the proposed use of the
property.
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Planning Commission Resolution No. 09 -43
Conditional Use Permit 08 -8 (Indefinite Extension)
13960 Seal Beach Blvd. (Farmers Market)
November 4, 2009
(c) 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 Permit 08 -8 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 08 -8 (Indefinite Extension) is approved for the operation
of a Certified Farmers Market from 9:00 a.m. to 2:00 p.m., one day a week, with
reasonable time for set up prior to opening and reasonable time for restoration
and market cleaning after market closing, within the parking lot area at 13960
Seal Beach Blvd, Seal Beach.
2. The Certified Farmers Market shall conform to all requirements of the Orange
County Fire Department, with particular reference to emergency vehicle fire lane
access throughout the shopping center premises.
3. The market operator or center management shall be required to clean and /or
wash down the designated market area as necessary to leave it in a clean
condition (no food residue, produce scraps, or trash present on site) after each
market event.
4. The applicant shall coordinate with Consolidated Disposal to schedule a refuse
pick -up after each event, as necessary.
5. A modification of this Conditional Use Permit shall be obtained when:
a.) The establishment proposes to modify any of its current conditions of
approval.
b.) There is a substantial change in the mode or character of operations of
the establishment.
6. In the event staff determines 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.
7. The applicant shall make a good faith effort to work with the City of Seal Beach
staff in addressing concerns that may arise relating to the placement or operation
of the farmers market.
8. Litter and trash receptacles shall be located at convenient locations within the
market area during the hours of operation, and operators of the farmers market
shall remove trash and debris on an appropriate basis so as not to cause a
health or litter problem.
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Planning Commission Resolution No. 09 -43
Conditional Use Permit 08 -8 (Indefinite Extension)
13960 Seal Beach Blvd. (Farmers Market)
November 4, 2009
9. There shall be no live entertainment, amplified music at the market at any time,
unless specifically authorized by a Conditional Use Permit or Special Event
Permit issued by the City.
10. The premises shall comply with Chapter 7.15, "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 noises generated by the
facility, the Planning Commission reserves the right to schedule the subject
permit for reconsideration and may require the applicant/operator to mitigate the
noise level to comply with the provisions of Chapter 7.15.
11. 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
if harm or retail related problems are demonstrated to occur as a result of
criminal or anti - social behavior, including, but not limited to, vandalism, litter, and
theft.
12. 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.
13. 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.
14. 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.
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Planning Commission Resolution No. 09 -43
Conditional Use Permit 08 -8 (Indefinite Extension)
13960 Seal Beach Blvd. (Farmers Market)
November 4, 2009
15. 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 4th day of November 2009 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Z '2'-Zd_ i2'W�-A
if Ellery Deaton
Chairperson, Planning Commission
-i ji"
Terrence Belanger
Acting Secretary, Planning Commissii
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