HomeMy WebLinkAboutPC AG 2013-01-16 #212 WIN, 1'k, I 1'k, 0 ► 4
TO: Planniqx#] i i�
FROM: Director of Community Development
MEETING DATE: January 16, 2013
SUBJECT: CONSENT CALENDAR ITEM
K
FOR APPROVAL TO CONSTRUCT TWO (2) NEW
EXTERIOR AUTOMATED TELLER MACHINES (AIMS}
IN CONJUNCTION WITH THE ESTABLISHMENT OF A
NEW RETAIL BANK (CHASE BANK).
LOCATION: 12151 SEAL BEACH BOULEVARD
APPLICANT: D4►Yfil
CHASE BANK
RECOMMEADATIOA: Approve MUP 12-7, subject to conditions. Approval
should be through the adoption • Planning Commission
Resolution No.
Minor Use Permit 12 -7
January 16, 2013
Page 2
ZONE: GC (General Commercial)
GENERAL PLAN DESIGNATION: COMMERCIAL — GENERAL
SITE DESCRIPTION:
Property Size: 4,000 sq. ft. (.09 acres) (Parcel No. 086 - 491 -73)
Surrounding Properties:
East: Single family residences in the City of Los Alamitos
North: Gas station within the General Commercial (GC) zone
West: Multi- family residences in the City of Los Alamitos
South: Retail businesses within the General Commercial (GC)
zone (Shops at Rossmoor)
LEGAL NOTIFICATION:
Notices of this hearing were mailed to 314 property owners and 135 occupants within a
300 foot radius of the subject property on January 4, 2013 with affidavits of mailing on file.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the State of California Public Resources Code and State Guidelines for the
California Environmental Quality Act (CEQA), the Community Development Department
has determined that this project is categorically exempt under Section 15301 (Existing
Facilities) and has been prepared in accordance with the provisions of the California
Environmental Quality Act (CEQA).
Minor Use Permit 12 -7
January 16, 2013
Page 3
LOCATION MAP:
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ANALYSIS:
On November 8, 2012, Dawn Dimond of Nadel Studio Inc., c/o Chase Bank submitted a
Minor Use Permit request (MUP 12 -7) to install two (2) new exterior Automated Teller
Machines (ATMs) in conjunction with the establishment of a new retail bank (Chase Bank).
A Minor Use Permit is required to establish ATMs on the exterior of a structure, pursuant to
section 11.4.05.030 of -the Municipal Code.
The subject parcel is approximately 4,000 square feet in area and is located south of the
existing Unocal gasoline station, north of the existing California Pizza Kitchen and west of
Seal Beach Boulevard. The site is identified as Parcel No. 73, includes the proposed
Minor Use Permit 12 -7
January 16, 2013
Page 4
Chase bank site and a separate dry cleaning business, and represents one of multiple
parcels within the Shops at Rossmoor.
This location was previously occupied by Home Savings Bank and has been vacant since
the bank closed in early 2012. Chase Bank has recently acquired the property and wishes
to add two exterior 24 -hour ATMs for greater convenience to its customers. The ATMs are
located on the North and East sides of the building, near the main entrance to the bank
and visible from Seal Beach Blvd.
ATMs 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 and the
relatively commercial nature of the immediate surrounding area, the installation of the
ATMs is not anticipated to cause any adverse impacts to the surrounding merchants and
the Shops at Rossmoor as a whole.
While there can be valid security concerns with the operation of ATMs, especially for
patrons utilizing the ATMs in the late night and early morning hours, Staff feels that the
location of the ATMs on the property and the conditions placed on the MUP adequately
mitigate any security concerns.
Captain Tim Olson with the Seal Beach Police Department conferred with Seal Beach
Police Department Detectives and they do not feel that any additional conditions need to
be added other than those standard to this type of use.
CONCLUSION:
After conducting the public hearing, staff recommends that the Planning Commission adopt
the attached Resolution approving Minor Use Permit 12 -7 subject to conditions of approval
as presented, or as may be amended by the Commission.
Prepared by:
7) 1/)"- 1
Christine Nguyen 0 67 #De!tor a am
Interim Assistant Planner of Co munity Development
75.7
January 16, 2013
Page 5 1
Attachments:
1. Resolution Number 12-43, a Resolution of the Planning Commission of the City of
Seal Beach approving Minor Use Permit no. 12-7, permitting two exterior ATMs at
12151 Seal Beach Boulevard, Seal Beach
2. Project Plans
0#734111 •m
January 16, 2013
Page •
I : M r
RESOLUTION NUMBER 12-43, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING MINOR USE PERMIT
NO. 12 -7, PERMITTING TWO EXTERIOR ATMS AT
12151 SEAL BEACH BOULEVARD, SEAL BEACH
Minor Use Permit 12 -7
January 16, 2013
Page 7
RESOLUTION NUMBER 12 -43
RESOLUTION NUMBER 12 -43, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING MINOR USE PERMIT
NO. 12 -7, PERMITTING TWO EXTERIOR ATMS AT
12151 SEAL BEACH BOULEVARD, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On November 8, 2013, Dawn Dimond of Nadel Studio Inc., c/o
Chase Bank submitted an application to the City of Seal Beach Department of Community
Development for MUP 12 -7.
Section 2. The applicant is requesting approval for two (2) new exterior
Automated Teller Machines (ATMs) at the subject property. The proposed ATMs will be in
conjunction with a Chase Bank branch.
Section 3. Pursuant to the State of California Public Resources Code and
State Guidelines for the California Environmental Quality Act (CEQA), the Community
Development Department has determined that this project is categorically exempt under
Section 15301 (Existing Facilities) and has been prepared in accordance with the
provisions of the California Environmental Quality Act (CEQA).
Section 4. A duly noticed public hearing was held before the Planning
Commission on January 16, 2013, to consider the application for MUP 12 -7. The Planning
Commission considered all evidence presented, both written and oral regarding the subject
application.
Section 5. The record of the hearing of January 16, 2013 indicates the
following:
a. On November 8, 2013, Dawn Dimond of Nadel Studio Inc., c/o Chase
Bank submitted an application to the City of Seal Beach Community Development
Department for MUP 12 -7.
b. The applicant is requesting approval for two (2) new exterior
Automated Teller Machines (ATMs) at the subject property. The proposed ATMs will be in
conjunction with a Chase Bank branch.
Minor Use Permit 12 -7
January 16, 2013
Page 8
C. The subject parcel is located south of the existing Unocal gasoline
station, north of the existing California Pizza Kitchen and west of Seal Beach Boulevard.
The site is identified as Parcel No. 73, includes the proposed Chase bank site and a
separate dry cleaning business, and represents one of multiple parcels within the Shops at
Rossmoor.
d. The subject property is approximately 4,000 square feet in size.
e. The surrounding land uses and zoning are as follows:
• NORTH — Gas station within the General Commercial (GC) zone.
• EAST— Single family homes in the City of Los Alamitos.
• SOUTH — Retail businesses within the General Commercial (GC)
zone (Shops at Rossmoor).
• WEST — Multi- family homes in the City of Los Alamitos.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to §11.5.20 of the Seal Beach Municipal Code,
the Planning Commission makes the following findings:
The proposal 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 ATMs, subject to the issuance of a Minor Use Permit. The use is
also consistent with the remaining elements of the 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.
2. The proposed use is allowed within the applicable zoning district with Minor use
permit approval and complies with all other applicable provisions of the Municipal Code,
subject to conditions of approval;
3. The site is physically adequate for the type, density and intensity of use being
proposed, including provision of services, and the absence of physical constraints in
that the ATMs will be installed abutting the exterior walls of the existing bank building
and will not include any further additions;
4. The location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect uses and properties in the surrounding
neighborhood due to the nature of the proposed ATMs and their complimentary
function with banks; and
5. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the health, safety, or welfare of persons residing or
working in the vicinity of the proposed use due to the highly visible location of the ATMs
and the extra security measures taken on site, as proposed to be conditioned.
Minor Use Permit 12 -7
January 16, 2013
Page 9
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Minor Use Permit 12 -7, subject to the following conditions:
Minor Use Permit 12 -7 is approved for two new exterior ATMs at Chase Bank,
12151 Seal Beach Boulevard.
2. A wide -angle mirror, allowing patrons to see behind them while using the ATMs,
shall be affixed to the front of the ATMs.
3. A surveillance camera that provides a clear view of the area in and around the
ATMs shall be located in the area of the ATMs.
4. A modification of this Minor Use Permit shall be obtained when:
a) There is a substantial change in the mode or character of operations of the
establishment which occur on the property.
b) The establishment proposes to modify any conditions of approval.
5. Pursuant to Table 11.4.20.015.A.1 of the Municipal Code, two parking spaces for
each ATM (4 total) shall be designated as short-term parking exclusively for ATM
use, in a location adjacent to the ATMs.
6. The Planning Commission reserves the right to revoke or modify this Minor 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 Section 11.5.20 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 Minor 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
Community Development Department a minimum of 90 days prior to such expiration
date.
9. This Minor 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 Community Development, 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
January 16, 2013
Page 10
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 Minor 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.
11. Failure to comply with any of these conditions may result in revocation of this Minor
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
7 2013, by the following vote:
AYES: Commissioners
NOES: Commissioners
FA -0.1-WA 0 1
Sandra Massa-Lavitt, Chairwoman
Planning Commission
Jim Basham
Secretary of the Planning Commission
WAR. _ ■_
January 16, 2013
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ATTACHMENT 2