HomeMy WebLinkAboutPC Res 11-17 - 2011-07-20RESOLUTION NUMBER 11 -17
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING A MODIFICATION OF
CONDITIONAL USE PERMIT 10 -6 TO REMOVE
THE REQUIREMENT FOR A SECURITY GUARC
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
Conditional Use Permit 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.
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Planning Commission Resolution No. 11 -17
Conditional Use Permit 10 -6 (Amended)
1103 Pacific Coast Highway (Wells Fargo Bank)
July 20, 2011
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 Conditional Use Permit 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.
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Planning Commission Resolution No. 11 -17
Conditional Use Permit 10 -6 (Amended)
1103 Pacific Coast Highway (Wells Fargo Bank)
July 20, 2011
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 8. Based upon the foregoing, the Planning Commission hereby
approves the modification of Conditional Use Permit 10 -6, subject to the following
conditions:
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
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Planning Commission Resolution No. 11 -17
Conditional Use Permit 10 -6 (Amended)
1103 Pacific Coast Highway (Wells Fargo Bank)
July 20, 2011
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 20th day of July 2011, by the following vote:
AYES: Commissioners Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Mark Persico, AICP
Secretary, Planning Commission
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Sandra Massa -Lavitt
Chairperson, Planning Commission
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