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Home My WebLink AboutPC Res 12-43 - 2013-01-16 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 0 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On November 8, 2012, Dawn Dimond of Nadel Studio Inc., do 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, 2012, Dawn Dimond of Nadel Studio Inc., do 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. 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: 1. 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. Section 7. Based upon the foregoing, the Planning Commission hereby approves Minor Use Permit 12-7, subject to the following conditions: 1. 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 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 /6 day of Jiektki -,27 , 2013, by the following vote: AYES: Com missioners (t'/I/iI/iii/ • 6 •2aFt.(' /II,tY$,¢ —LAV/7`T NOES: Commissioners — ABSENT: Commissioners — ABSTAIN: Commissioners GR/t,JFcc. evc,4 ji,v / 47141717 Sandra Massa-Lavitt, Chairwoman Planning Commission Jim Basham Secretary of the Planning Commission