HomeMy WebLinkAboutPC Res 10-29 - 2010-07-21RESOLUTION NUMBER 10 -29 4�zGl*.4
A RESOLUTION OF THE PLANNING C
C OMMISSION OF THE CITY OF SEAL BEACH
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 09 -9 FOR THE OFF-
PREMISE SALE OF GENERAL LIQUOR (TYPE 21
ABC LICENSE) AT AN EXISTING RETAIL AND
GROCERY STORE AT 12300 SEAL BEACH
BOULEVARD (TARGET).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On June 3, 2010, Target Corporation filed an application for
Conditional Use Permit 09 -9 (Indefinite Extension) with the Department of Development
Services.
Section 2. The applicant is requesting an Indefinite Extension of their
existing Conditional Use Permit for 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 (Indefinite
Extension) 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 July 21, 2010, to consider the application for Conditional Use Permit
09 9 (Indefinite Extension). 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 July 21, 2010, indicates
the following:
(a) On June 3, 2010, Target Corporation filed an
application for Conditional Use Permit 09 -9 (Indefinite Extension) with the Department
of Development Services requesting an Indefinite Extension of their existing Conditional
Use Permit for a Type 21 ABC license (off -sale general) at a general retail and grocery
store (Target) located at 12300 Seal Beach Boulevard.
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Planning Commission Resolution No. 10 -29
Conditional Use Permit 09 -9 (indefinite Extension)
12300 Seal Beach Blvd. (Target)
Judy 21, 2010
(b) The subject property is located in the Old Ranch
Towne Center development, located east of Seal Beach Blvd.
(c) Surrounding land uses and zoning are as follows:
NORTH: 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: Commercial /Retail lease 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) The subject business is located within an existing
shopping center that comprises a variety of different businesses.
(f) No unusual or increased calls for law enforcement
have occurred within the past year since the applicant was originally granted the
Conditional Use Permit for a Type 21 ABC license.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §§ 28 -1300; 28 -2503 to 2505 of the
City's Code the Planning Commission makes the following findings:
(a) Conditional Use Permit 09 -9 (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 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.
(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
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.
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Planning Commission Resolution No. 10 -29
Conditional Use Permit 09 -9 (Indefinite Extension)
12300 Seal Beach Blvd. (Target)
July 21, 2010
(c) The general retail and grocery store with off - premise
general liquor 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 adverse impacts to neighboring
residential properties.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 09 -9 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 09 -9 (Indefinite Extension) is approved for a Type 21
(off -sale general) ABC license at 12300 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. Unless specifically superseded by this Conditional Use Permit, all conditions of
Conditional Use Permit 03 -4 shall remain in effect.
4. 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.
5. 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.
6. 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
6:00 A.M
7. No coin operated video games or similar amusements shall be permitted on the
premises.
8. 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.
9. 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. 10 -29
Conditional Use Permit 09 -9 (Indefinite Extension)
12300 Seal Beach Blvd. (Target)
July 21, 2010
10. The establishment shall have a public telephone listing.
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.
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 provision of additional security measures.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
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
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Planning Commission Resolution No. 10 -29
Conditional Use Permit 09 -9 (Indefinite Extension)
12300 Seal Beach Blvd (Target)
July 21, 2010
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.
19. 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 21st day of July 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and
Massa -Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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