HomeMy WebLinkAboutPC Res 09-33 - 2009-11-04RESOLUTION NUMBER 09 -33 v��
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 08 -1 FOR A TYPE 20
ABC LICENSE (OFF- PREMISE SALE OF BEER
AND WINE), AN OUTDOOR SEATING AREA, AND
A NEW REQUEST FOR A CHANGE IN
OPERATING HOURS TO 7:00 A.M. TO 10:00 P.M.,
SEVEN DAYS A WEEK AT AN EXISTING
SPECIALTY GROCERY STORE AT 12301 SEAL
BEACH BOULEVARD (SPROUTS FARMERS
MARKET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On August 24, 2009, Sprouts Farmers Market, LLC filed an
application for Conditional Use Permit 08 -1 (Indefinite Extension) with the Department
of Development Services.
Section 2. The applicant is requesting the Indefinite Extension of an
existing Conditional Use Permit for a Type 20 ABC license, allowing the off - premise
sale of beer and wine; an outdoor seating area; and a new request for a change in
operating hours to 7:00 a.m. to 10:00 p.m., seven days a week, at an existing specialty
grocery store (Sprouts Farmers Market) in the Shops at Rossmoor at 12301 Seal Beach
Boulevard.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301, staff has
determined as follows: The application for Conditional Use Permit 08 -1 (Indefinite
Extension) for the requested land use entitlements at a proposed specialty 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 November 4, 2009, to consider the application for Conditional Use
Permit No. 08 -1 (IE). At the public hearing the Planning Commission received written
and oral testimony on the proposed project.
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Planning Commission Resolution No. 09 -33
Conditional Use Permit 08 -1 (Indefinite Extension)
12301 Seal Beach Blvd. (Sprouts Farmers Market)
November 4, 2009
Section 5 . The record of the public hearing of November 4, 2009,
indicates the following:
(a) On August 24, 2009, Sprouts Farmers Market, LLC
filed an application for Conditional Use Permit 08 -1 (Indefinite Extension) with the
Department of Development Services requesting the Indefinite Extension of an existing
Conditional Use Permit allowing the off - premise sale of beer and wine (Type 20
license); an outdoor seating area; and a new request for a change in operating hours to
7:00 a.m. to 10:00 p.m., seven days a week, in conjunction with an existing specialty
grocery store located at 12301 Seal Beach Boulevard.
(b) The subject property is located in the Shops at
Rossmoor development, located west of Seal Beach Blvd.
(c) Surrounding land uses and zoning are as follows:
NORTH: Additional lease spaces within the Shops at Rossmoor in the C -2
General Commercial Zone and residential properties within the
City of Seal Beach.
SOUTH: Additional lease spaces within the Shops at Rossmoor in the C -2
General Commercial Zone.
WEST: Parking lot and residential properties within the City of Seal Beach
and the County unincorporated area of Rossmoor.
EAST: Parking lot and Old Ranch Town Center (across Seal Beach
Boulevard).
(d) The specialty grocery store use comprises
approximately 24,826 square feet and is located adjacent to the former Circuit City (now
Marshall's) store.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §§ 28 -1300; 28 -1400; 28 -2503; and
28 -2504 of the City's Code the Planning Commission makes the following findings:
(a) Conditional Use Permit 08 -1 (Indefinite Extension) 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 existing use as a
specialty grocery store with off - premise beer and wine 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.
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Planning Commission Resolution No. 09 -33
Conditional Use Permit 08 -1 (Indefinite Extension)
12301 Seal Beach Blvd. (Sprouts Farmers Market)
November 4, 2009
(b) The building and property at the Shops at Rossmoor
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 existing specialty 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 will mitigate any negative impacts to neighboring
residential properties.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 08 -1 (IE), subject to the following conditions:
1. Conditional Use Permit 08 -1 (Indefinite Extension) is approved for a Department
of Alcoholic Beverage Control (ABC) License Type 20, Off - premise Sale of Beer
and Wine — (Package Store); outdoor seating area; and an expansion of
operating hours to 7:00 a.m. to 10:00 p.m., seven days a week, at an
approximately 24,826 square foot specialty grocery store (Sprouts Farmers
Market) at 12301 Seal Beach Boulevard.
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) 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.
3. All alcoholic beverages sold in conjunction with the off- premise - licensed
establishment must be consumed entirely off the premises. Consumption of
alcoholic beverages is prohibited in the outdoor seating area; the establishment's
parking area or any adjoining exterior seating areas. There shall be posting of
signs both inside and outside the licensed premises indicating that law prohibits
drinking 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 and 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:
a. 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.
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Planning Commission Resolution No. 09 -33
Conditional Use Permit 08 -1 (Indefinite Extension)
12301 Seal Beach Blvd. (Sprouts Farmers Market)
November 4, 2009
b. 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.
C. Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
d. Methods of dealing with intoxicated customers and recognizing under age
customers.
7. The following organizations provide training programs, which comply with the
above criteria:
a. Provider:
Department of Alcoholic Beverage Control
Program:
Licensee Education on Alcohol & Drugs (LEAD)
Telephone:
(714) 558 -4101
Date:
1 St Monday of each month
Time:
10:00 a.m. to 1:00 p.m.
Cost:
Free
Place:
ABC, 28 Civic Center Plaza, Room 369 Santa Ana
b. Provider:
Orange County Health Care Agency
Alcohol & Drug Education Prevention Team (ADEPT)
Program:
California Coordinating Council for Responsible Beverage
Service (C3RBS)
Telephone:
(714) 834 -2860 * Karen Keay
For special events training
C. Provider: Orange County Health Care Agency
Program: Project Path
Telephone: (714) 895 -9088 * Irene Glenday
8. The hours of operation shall be 7:00 a.m. to 10:00 p.m., seven days a week.
9. No commercial deliveries or trash disposal activities may occur in association
with the operation of this business facility between the hours of 10:00 P.M. and
7:00 A.M
10. No video games or similar amusements shall be permitted on the premises.
11. 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.
12. 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.
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Planning Commission Resolution No. 09 -33
Conditional Use Permit 08 -1 (Indefinite Extension)
12301 Seal Beach Blvd. (Sprouts Farmers Market)
November 4, 2009
13. The establishment shall have a public telephone listing.
14. Pay phones shall not be permitted outside of the building.
15. Any Graffiti shall be removed from the building within 72 hours.
16. 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 p.m. and 7:00 a.m.
17. 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.
18. 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.
19. 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.
20. 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 the congregation of
minors, violence, public drunkenness, vandalism, solicitation and /or litter.
21. 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 of 90 days prior to such
expiration date.
22. 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
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Planning Commission Resolution No. 09 -33
Conditional Use Permit 08 -1 (Indefinite Extension)
12301 Seal Beach Blvd. (Sprouts Farmers Market)
November 4, 2009
and returned to the Planning Department; and until the 10 calendar -day appeal
period has elapsed.
23. 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.
24. Failure to comply with any of these 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 Non
ABSENT: Commissioners None
ABSTAIN: Commissioners None
if EIIery eaton
Chairperson, Planning Commission
Terrence Belanger
Acting Secretary, Planning Com fission
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