HomeMy WebLinkAbout5 - CUP 10-6 (Amend) 1103 PCH (Wells Fargo Bank)July 20, 2011
STAFF REPORT
To: Honorable Chairwoman and Members of the Planning Commission
From: Jerome Olivera, AICP — Senior Planner, Dept. of Development Services
Subject: CUP 10 -6 — 1103 Pacific Coast Hwy. — Modification of
Existing Conditions (Wells Fargo Bank)
SUMMARY OF REQUEST
The applicant is requesting to remove the existing Condition #2 of CUP 10 -6 regarding
the requirement for a security guard to be present during all normal business hours.
DISCUSSION
In 2008, Wachovia Bank was acquired by Wells Fargo Bank. In September 2010, Wells
Fargo came before the Planning Commission requesting a Conditional Use Permit to
add a second ATM to the former Wachovia Bank branch at 1103 Pacific Coast
Highway. The Planning Commission approved the request and the conditions from the
previous Wachovia Bank CUP (CUP 08 -4) were carried over to the new Wells Fargo
CUP. One of the conditions of CUP 08 -4 mandated the presence of a security guard on
the premises at all times during normal business hours.
Planning Staff was subsequently contacted by a representative of Wells Fargo Bank
and informed that it is not Wells Fargo's standard operating procedure to have security
guards at all bank branches and that it was not their intent to have one at this particular
location. Staff informed the representative that removal of the subject condition would
require a modification to the approved CUP, otherwise Wells Fargo would be bound by
the condition.
Staff has contacted Captain Tim Olson of the SBPD for his input on removal of this
condition and he has stated that he has no concerns with not requiring a security guard
to be on the premises during normal business hours. All other CUP conditions relating
to security of the premises will remain in force.
RECOMMENDATION
Staff recommends that the Planning Commission, after considering all public testimony,
written and oral, approve the modification of Conditional Use Permit 10 -6, to remove
condition #2 requiring a security guard to be present on the premises during normal
business hours. Approval should be through the adoption of Planning Commission
Resolution Number 11 -17.
For: July 20, 2011
omf2(Olivera, AICP
i�br Planner — Department of Development Services
Attachments: (2)
Attachment 1: Planning Commission Resolution Number 11 -17
Attachment 2: Original Staff Report for CUP 10 -6 (September 15,
2010)
ATTACHMENT
PLANNING COMMISSION RESOLUTION
NUMBER 11 -17
RESOLUTION NUMBER 11 -17
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING A MODIFICATION OF
CONDITIONAL USE PERMIT NO. 10 -6, TO
REMOVE THE REQUIREMENT FOR A
SECURITY GUARD ON THE PREMISES AT
1103 PACIFIC COAST HIGHWAY, SEAL
BEACH (WELLS FARGO BANK).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1 . On July 27, 2010, Jeffrey Fry of C.E. Fry Construction
submitted an application to the City of Seal Beach Department of Development
Services for Conditional Use Permit 10 -6.
Section 2. On June 14, 2011, Rob Jacknewitz submitted an
application to the City of Seal Beach Department of Development Services for a
modification of Conditional Use Permit 10 -6.
Section 3 . The applicant is requesting approval to remove
condition #2, requiring a security guard on the premises during all normal
business hours.
Section 4 . Pursuant to 14 Calif. Code of Regs. § 15301(e)(1),
staff has determined as follows: The application for the modification of
Conditional Use Permit 10 -6 for the requested land use entitlements at an
existing bank branch is categorically exempt from review pursuant to the
California Environmental Quality Act.
Section 5 . A duly noticed public hearing was held before the
Planning Commission on July 20, 2011, to consider the application for the
modification of CUP 10 -6. The Planning Commission considered all evidence
presented, both written and oral regarding the subject application.
Section 6 . The record of the hearing of July 20, 2011, indicates
the following:
a. On July 27, 2010, Jeffrey Fry of C.E. Fry Construction
submitted an application to the City of Seal Beach Department of Development
Services for Conditional Use Permit 10 -6.
b. On June 14, 2011, Rob Jacknewitz submitted an application
to the City of Seal Beach Department of Development Services for a modification
of Conditional Use Permit 10 -6.
C. The applicant is requesting approval to remove condition #2,
requiring a security guard on the premises during all normal business hours.
d. The subject property is located in the Seal Beach Center.
The subject building is located closest to Pacific Coast Highway at the eastern
side of the development.
e. The subject property is approximately 2,466 square feet in
size.
f. The nearest residential properties are located approximately
200 feet to the southeast in the neighborhood known as "The Coves ".
g. The surrounding land uses and zoning are as follows:
❑ NORTH — Retail businesses within the Service Commercial (SC) zone;
Single family residential properties within the Residential Low Density
(RLD -9) zone.
❑ EAST— Single family residential properties within the Residential Low
Density (RLD -9) zone.
❑ SOUTH — Retail businesses within the General Commercial (GC)
zone.
❑ WEST — Retail businesses within the General Commercial (GC) zone.
Section 7 . Based upon the facts contained in the record,
including those stated in Section 6 of this resolution, and pursuant to §11.2.10,
§11.4.05.030 and §11.5.20 of the Seal Beach Municipal Code, the Planning
Commission makes the following findings:
a. The modification of CUP 10 -6 is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
General Commercial use designation for the subject property and permits 24-
hour business operations, 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 building and property at 1103 Pacific Coast Highway are
adequate in size, shape, topography and location to meet the needs of the
proposed use of the property.
C. Required adherence to applicable building and fire codes
ensures there will be adequate water supply and utilities for the proposed use.
d. The proposal to remove the requirement for a security guard
on the premises is compatible with the character of the surrounding commercial
center, which is known as the Seal Beach Center, and the neighborhood also
known as "The Coves ". Adherence to conditions of approval placed on the use
by the City of Seal Beach will mitigate any negative impacts to neighboring
residents.
Section 7 . Based upon the foregoing, the Planning Commission
hereby approves the modification of Conditional Use Permit 10 -6, subject to the
following conditions:
1. Conditional Use Permit 10 -6 is approved for a second 24 -hour ATM at
Wells Fargo Bank, 1103 Pacific Coast Highway.
2. A wide -angle mirror, allowing patrons to see behind them while using the
ATM, shall be affixed to the front of the ATM.
3. A surveillance camera that provides a clear view of the area in and around
the ATM shall be located in the area of the ATM
4. A modification of this Conditional Use Permit shall be obtained when:
a. There is a substantial change in the mode or character of
operations of the establishment which occur between the hours of
2:00 AM and 6:00 AM.
b. The establishment proposes to modify any conditions of approval.
5. 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 Seal Beach Municipal Code occurs, or for those
reasons specified by Title 11 of the Seal Beach Municipal Code.
6. 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
Seal Beach Municipal Code, to require the provision of additional security
measures.
7. 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.
8. 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 10 day
appeal period has elapsed.
9. 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.
10. Failure to comply with any of these conditions may result in 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
day of , 2011, by the following vote:
AYES:
Commissioners
NOES:
Commissioners
ABSENT:
Commissioners
ABSTAIN:
Commissioners
Sandra Massa - Lavitt
Chairwoman of the Planning Commission
Mark Persico, AICP
Secretary of the Planning Commission
ATTACHMENT 2
ORIGINAL STAFF REPORT FOR CUP 10 -6
(SEPTEMBER 15, 2010)
September 15, 2010
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Conditional Use Permit 10 -6
1103 Pacific Coast Highway (Wells Fargo Bank)
GENERAL DESCRIPTION
Applicant: JEFFREY FRY (CEF CONSTRUCTION)
Owner: COLUMBIA REGENCY RETAIL PARTNERS, LLC
Location: 1103 PACIFIC COAST HIGHWAY
Classification of SERVICE COMMERCIAL (C -1)
Property:
Request: THE APPLICANT REQUESTS APPROVAL OF A CONDITIONAL
USE PERMIT FOR A SECOND 24 -HOUR AUTOMATED TELLER
MACHINE (ATM) IN CONJUNCTION WITH A FULL SERVICE
BANK.
Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW.
Code Sections: 28- 1300.G.10; 28 -2503; 28 -2504
Recommendation: APPROVE CUP 10 -6, SUBJECT TO CONDITIONS OF APPROVAL
AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER
REVISED BY THE COMMISSION AFTER CONSIDERING PUBLIC
TESTIMONY. APPROVAL SHOULD BE THROUGH ADOPTION OF
PLANNING COMMISSION RESOLUTION 10 -37.
ZAConditional Use Permits \CUP 10 -6 1 103 Pacific Coast Highway (Wells Fargo # 1) \CUP 10 -6 1103 Pacific Coast Hwy. PC Staff Report
(Wells Fargo Bank).doc
Planning Commission Staff Report
Conditional Use Permit 10 -6
1103 Pacific Coast Highway
September 15, 2010
FACTS
. J
❑ On July 27, 2010, Jeffrey Fry of C.E. Fry Construction submitted an application
to the City of Seal Beach Department of Development Services for CUP 08 -14.
The Conditional Use Permit request is for a 24 -hour Automated Teller Machine
(ATM) in conjunction with a full service bank.
❑ The subject property is located within the Seal Beach Center at 1103 Pacific
Coast Highway.
❑ The subject lease space is approximately 2,466 square feet.
❑ The nearest residential properties are located approximately 200 feet to the
southeast in the City of Seal Beach.
❑ The surrounding land uses and zoning are as follows:
❑ NORTH — Retail businesses within the Service Commercial (C -1) zone;
Single family residential properties within the Residential Low Density (RLD)
zone.
❑ EAST— Single family residential properties within the Residential Low Density
(RLD) zone.
❑ SOUTH — Retail businesses within the General Commercial (C -2) zone.
❑ WEST — Retail businesses within the General Commercial (C -2) zone.
DISCUSSION
A Conditional Use Permit is required to allow business operations between 2:00 a.m.
and 6:00 a.m., pursuant to the Municipal Code.
Wells Fargo Bank has recently taken over the former Wachovia Bank location within the
Seal Beach Center, adjacent to the Pavilions supermarket. As part of Wells Fargo's
commitment to customer service, they now wish to add a second ATM at this location.
ATM's are typical features of full service banks and are almost always accessible 24-
hours a day by individual bank customers and others that have access to the respective
financial network(s) to which the ATM or bank belongs. Given the location of the bank,
the commercial nature of the shopping center, and the fact that the bank fagade faces
the interior parking lot and not towards any residential area, the installation and 24 -hour
operation of an ATM is not anticipated to cause any adverse impacts to the surrounding
merchants and the Seal Beach Center as a whole.
CUP 10 -6 1103 Pacific Coast Hwy. PC Staff Report (Wells Fargo Bank)
FA
Planning Commission Staff Report
Conditional Use Permit 10 -6
1103 Pacific Coast Highway
September 15, 2010
While there can be valid security concerns with the operation of ATM's, especially for
patrons utilizing the ATM in the late night and early morning hours, Staff feels that the
location of the ATM on the property and the conditions placed on the CUP adequately
mitigate any security concerns.
RECOMMENDATION:
Staff recommends the Planning Commission, after considering all relevant testimony,
written or oral, presented during the public hearing, approve Conditional Use Permit 10-
6 subject to the proposed conditions set forth below.
Staff's recommendation is based upon the following:
❑ CUP 10 -6 is consistent with the provisions of the Land Use Element of the City's
General Plan, which provides a General Commercial use designation for the
subject property and permits 24 -hour business operations, 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.
❑ The building and property at 1103 Pacific Coast Highway 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.
❑ The proposed operation of an ATM on a 24 -hour basis, as proposed to be
conditioned, is compatible with the character of the surrounding neighborhood,
which is the Seal Beach Center, and the neighborhood also known as "The Hill ".
Adherence to conditions of approval placed on the use by the City of Seal Beach
will mitigate any negative impacts to the surrounding area.
Approval of Conditional Use Permit 10 -6 should be through the adoption of Resolution
No. 10 -37, with the following conditions in place:
1. Conditional Use Permit 10 -6 is approved for a second 24 -hour ATM at Wells
Fargo Bank, 1103 Pacific Coast Highway.
2. A security guard shall be present on the premises during all normal branch
business hours.
CUP 10 -6 1103 Pacific Coast Hwy PC Staff Report (Wells Fargo Bank)
3
Planning Commission Staff Report
Conditional Use Permit 10 -6
1103 Pacific Coast Highway
September 15, 2010
3. A wide -angle mirror, allowing patrons to see behind them while using the ATM,
shall be affixed to the front of the ATM.
4. A surveillance camera that provides a clear view of the area in and around the
ATM shall be located in the area of the ATM
5. A modification of this Conditional Use Permit shall be obtained when:
a. There is a substantial change in the mode or character of operations of
the establishment which occur between the hours of 2:00 AM and 6:00
AM.
b. The establishment proposes to modify any conditions of approval.
6. 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
Seal Beach Municipal Code, occurs, or for those reasons specified by Article 28,
and in the manner specified in Article 25, of Chapter 28 of the Seal Beach
Municipal Code.
7. 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 Seal
Beach Municipal Code, to require the provision of additional security measures.
8. 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.
9. 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 10 day appeal period has elapsed.
10. 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
CUP 10 -6 1 103 Pacific Coast Hwy. PC Staff Report (Wells Fargo Bank)
4
Planning Commission Staff Report
Conditional Use Permit 10 -6
1103 Pacific Coast Highway
September 15, 2010
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.
11. Failure to comply with any of these conditions may result in revocation of this
Conditional Use Permit.
Jerome Olivera, AICP
Senior Planner, Department of Development Services
Attachments: (4)
Attachment 1: Resolution Number 10 -37, A Resolution of the Planning
Commission of the City of Seal Beach approving Conditional
Use Permit No. 10 -6, permitting a second 24 -Hour
Automated Teller Machine (ATM) at 1103 Pacific Coast
Highway, Seal Beach.
Attachment 2: Application
Attachment 3: Code Sections
Attachment 4: Project Plans
CUP 10 -6 1103 Pacific Coast Hwy. PC Staff Report (Wells Fargo Bank)
5