HomeMy WebLinkAboutPC Res 06-55 - 2006-12-06
RESOLUTION NUMBER 06-55
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT NO. 06-8, PERMITTING A 24-HOUR
BUSINESS OPERATION AT 1709 APOLLO
COURT, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On November 1, 2006, Plastic Industries, Inc. submitted an
application to the City of Seal Beach Department of Development Services for
Conditional Use Permit 06-8 and Site Plan Review 06-1. The Conditional Use Permit
request is for 24-hour business operations at the subject property.
Section 2. The proposed 24-hour business operation includes the
following major components:
o Business operates 3-shifts during a 24-hour business day.
o The typical business shifts are as follows:
o 7:00 AM to 3:00 PM;
o 3:00 PM to 11 :00 PM; and
o 11:00 PM to 7:00 AM.
o Typical staffing for the manufacturing operations is approximately 20 persons
per shift.
o Approximately 95% of all truck operations occurs between 7:00 Am and 6:00
PM.
o An additional administrative staff of approximately 15 persons is on-site
during normal business hours, 8:00 AM to 5:00 PM.
o The business may operate seven days a week due to seasonality of production
requirements and related business operation requirements.
Section 3. Pursuant to 14 California Code of Regulations g15305 and
~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for CUP 06-8 for a 24-hour business operation is categorically exempt from
review pursuant to the California Environmental Quality Act pursuant to 14 California
Code of Regulations ~15301 (Minor Alterations in Land Use Limitations), because the
proposal involves a negligible expansion of an existing use; pursuant to g15305 (Minor
Alterations in Land Use Limitations), because the proposal involves a minor alteration in
Z \My Documents\RESO\CUP 06-8 PlastiC 1ndustnes PC Reso doc\LW\12-07-06
Planning Commission Resolution 06-55
Conditional Use Permit 06-8
/709 Apollo Court - Plastic Industries
December 6, 2006
land use limitation and does not involve either a property in excess of 20% slope or a
change in land use or density.
Section 4. A duly noticed public hearing was held before the Planning
Commission on December 6, 2006, to consider the application for CUP 06-8. The
Planning Commission considered all evidence presented, both written and oral regarding
the subject application.
Section 5.
the following:
The record of the hearing of December 6, 2006 indicates
a. On November 1, 2006, Plastic Industries, Inc. submitted an
application to the City of Seal Beach Department of Development Services for
Conditional Use Permit 06-8 and Site Plan Review 06-1. The Conditional Use Permit
request is for 24-hour business operations at the subject property.
b. The proposed 24-hour business operation includes the following
major components:
[J Business operates 3-shifts during a 24-hour business day.
[J The typical business shifts are as follows:
o 7:00 AM to 3:00 PM;
o 3:00 PM to 11:00 PM; and
o 11 :00 PM to 7:00 AM.
[J Typical staffing for the manufacturing operations is approximately 20 persons
per shift.
[J Approximately 95% of all truck operations occurs between 7:00 Am and 6:00
PM.
[J An additional administrative staff of approximately 15 persons is on-site
during normal business hours, 8:00 AM to 5:00 PM.
o The business may operate seven days a week due to seasonality of production
requirements and related business operation requirements.
c. The subject property is located in the Pacific Gateway Business
Park, currently under construction. The proposed building is located on Westminster
Avenue at the far west end of the development, adjacent to a Los Alamitos Retarding
Basin drainage channel, with the residential community of Island Village located further
to the west.
d. The subject property contains an existing 71,777 square foot light
industrial structure that includes approximately 5,600 square feet of office area and
68,200 square feet of warehouse/production areas on the ground floor. There is also an
additional 5,600 square foot office area on the second floor, immediately above the
ground floor office area. Parking is provided for 169 vehicles. On the southern side of
the structure is a 6-bay truck well loading area. The existing structure is 34 feet tall, with
the front office area being 38 feet tall.
CUP 06-8 Plastic Industrtes PC Rcso
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Planning Commission Resolution 06-55
Conditional Use Permit 06-8
1709 Apollo Court - Plastic Industries
December 6, 2006
e. The nearest residential properties are located approximately 425
feet to the north in Leisure World and 110 feet to the west in Island Village from the
subject property. The proposed silo location is located at the southwest corner of the
building, approximately 235 feet from the easterly property line of Island Village, and is
screened from Leisure Wodd by the building itself.
f. The surrounding land uses and zoning are as follows:
o NORTH - Leisure World retirement community in the High Density
Residential- Planned Development (RHD-PD) Zone.
o EAST and SOUTH - adjacent light industrial buildings constructed as part of
the Pacific Gateway Business Park development in compliance with the
approved Boeing Integrated Defense Systems Specific Plan.
o WEST - a Los Alamitos Retarding Basin drainage channel, with the
residential community of Island Village, located in the City of Long Beach,
further to the west
g. The Seal Beach Police Department has reviewed the proposed
business operations and has no concerns regarding the requested 24-hour business
operations.
h. The following applications have previously been approved for the
Pacific Gateway Business Park development:
o Boeing Specific Plan Project Environmental Impact Report;
o General Plan Amendment 03-2;
o Boeing Specific Plan;
o Boeing Specific Plan - Precise Plan 03-1
o Boeing Specific Plan - Vesting Tract Map No. 16375; and
o General Plan Amendment 05-2.
Section 6. Based upon the facts contained in the record, including
those stated in g5 of this resolution and pursuant to g28-2503 and ~28-2504 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
a. CUP 06-8 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a light industrial use designation for
the subject property and the Boeing Specific Plan. 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 1709 Apollo Court 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 06-55
Conditional Use Permit 06-8
1709 Apollo Court - Plastic Industries
December 6,2006
c. Required adherence to applicable building and fire codes ensure
there will be adequate water supply and utilities for the proposed use.
d. The proposed business operations on a 24-hour basis, as proposed
to be conditioned, is compatible with the character of the surrounding neighborhood,
which is the Pacific Gateway Business Park. 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 Conditional Use Permit 06-8, subject to the following conditions:
1. Conditional Use Permit 06-8 is approved for a 24-hour business operation for
Plastic Industries, Inc. Business may operate seven days a week due to
seasonality of production requirements and related business operation
requirements.
2. Said 24-hour business operation shall not entail more than 40 employees on the
normal work shift that works between the hours of2:00 AM and 6:00 AM.
3. Employee parking during the work shifts that works between the hours of 3:00
PM and 7:00 AM shall be limited to the area of the property designated as
"Employee Parking" on the approved site development plan for Conditional Use
Permit 06-8, and in no case shall parking spaces west of the "Truck Well Loading
Area" location on the approved site development plan for Conditional Use Permit
06-8 be used for employee parking during the 3:00 PM to 7:00 AM work shifts.
Existing on-site parking spaces located along the north, north-west and west
property lines shall not be used between the hours of 10:00 PM and 7:00 AM.
4. All truck operations between the hours of 10:00 PM and 6:00 AM shall be limited
to the area of the property located south and east of the property designated
"Truck Well Loading Area" on the approved site development plan for
Conditional Use Permit 06-8. No truck storage or trailer storage shall occur on
the property except within the designated "Truck Well Loading Area."
5. The applicant shall post signing acceptable to the Director of Development
Services within the "Truck Well Loading Area" indicating that idling of trucks is
not permitted during loading and unloading operations at the loading docks.
6. There shall be no food sales vehicles permitted on the premises between 6:00 Pm
and 7:00 AM, daily.
7. 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 of2:00 AM and 6:00 AM.
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Planning Commission Resolution 06-55
Conditional Use Permit 06-8
1709 Apollo Court - Plastic Industries
December 6, 2006
b. The establishment proposes to modify any conditions of approval.
8. There shall be no dumping of trash outside the establishment between the hours of
10:00 PM and 7:00 AM.
9. The establishment shall comply with Chapter 7.15, "Noise Control" of the 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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
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Planning Commission Resolution 06-55
Conditional Use Permit 06-8
1709 Apollo Court - Plastic Industries
December 6, 2006
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 6th day of December , 2006,
by the following vote:
AYES: Commissioners
Bello, Deaton, Ladner, O'Malley, Roberts
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
[ifLl4r, ,(J./~
llery Deat n '
Chairperson of the Planning Commission
e Whittenberg
Secretary of the Planning Commi
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