HomeMy WebLinkAboutPC Res 06-56 - 2006-12-06
RESOLUTION NUMBER 06-56
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING SITE PLAN REVIEW
NO. 06-1, APPROVING THE INSTALLATION
OF A SILO AND UTILITY PAD 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.
Section 2. The Site Plan Review application to allow for installation
of 2, 30-foot high "silos" and related utility equipment to be installed generally at the
southwest corner of the building for receipt of "high density polyethylene" (HDPE)
pellets, a thermoplastic polymer that is used in the manufacturing of plastic containers
by the subject business for use by food, beverage, personal care, household and
industrial applications.
Section 3. Pursuant to 14 California Code of Regulations ~15305 and
gU(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for Site Plan Review 06-1 to allow for installation of 2, 30-foot high "silos"
and related utility equipment 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 ~15305 (Minor Alterations in Land
Use Limitations), because the proposal involves a minor alteration in 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 Site Plan Review 06-1.
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
Z \My Documents\RESO\SPR 06-1 1709 Apollo Court Plastic IndustrIes PC Reso doc\LW\12-07-06
Planning Commission Resolution 06-56
Site Plan Review 06-1
1709 Apollo Court - Plastic Industries
December 6, 2006
a. On November 1, 2006, Plastic Industries, Inc. submitted an
application to the City of Seal Beach Department of Development Services for Site Plan
Review 06-1 at the subject property.
b. The Site Plan Review application to allow for installation of 2, 30-
foot high "silos" and related utility equipment to be installed generally at the southwest
corner of the building for receipt of "high density polyethylene" (HDPE) pellets, a
thermoplastic polymer that is used in the manufacturing of plastic containers by the
subject business for use by food, beverage, personal care, household and industrial
applications.
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.
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 World 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.
[J 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 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;
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Planning Commission Resolution 06-56
Site Plan Review 06-1
1709 Apollo Court - Plastic Industries
December 6, 2006
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.
h. The proposed project would result in the construction of a new 18-
foot by 50-foot "Silo Pad" and a 5-foot wide by 18-foot long landscaped area at the
exterior southwest corner of the building and a new 10-foot by 10-foot "Utility Pad"
located between the corner of the "Truck Well Loading Area" and a roll-up door to the
west.
i. The applicant proposes to install a 6 to 8-foot high screen wall and
a 5-foot wide by I8-foot long landscaped area between the Silo Pad area and the most
westerly access door along the south side of the subject building to provide screening of
the proposed facilities from the Island Village residential community.
j. The connection lines for the truck deliveries of the HDPE pellets
will be located within the "Truck Well Loading Area" so that these regular deliveries will
not be visible from Island Village and reduce noise impacts from the truck operations
itself. The transfer of the HDPE pellets will be accomplished by a direct hose connection
from the delivery truck to the silo connection line, resulting in an operation that does not
allow for the spillage of the HDPE pellets.
k. The residential community of Island Village is located
approximately 235 feet to the west of the subject Silo/Utility Pad area. The following
structures and landscaped areas are located between the proposed location of the
Silo/Utility Pad and Island Village (going from east to west):
o Subject Property -landscaped area approximately 30-feet in length
at the southwest corner of the building and a driveway approximately 25-feet wide.
o Retention Basin - to the west of the subject property, and part of
the Pacific Gateway Business Center property, is an approximately 35-foot wide water
retention basin to allow for percolation of stormwater flows for the business park
development that was required as a mitigation measure when the EIR was certified by the
City Council.
o Los Alamitos Retarding Basin drainage channel - located between
the subject development and the Island Village community is an approximately 110-foot
wide right-of-way that includes a drainage channel that provides stormwater flow from
Leisure World, the Old Ranch Golf Course, and portions of Rossmoor and Los Alamitos.
o The Island Village community has an approximate 5-foot high
block wall along its easterly and south-easterly property line adjacent to the Los Alamitos
Retarding Basin drainage channel with a 24-foot wide drive aisle adjacent to the block
wall. Within Island Village there are 4 residential units that are oriented in an east-west
manner that have views of the subject area from any east-facing windows on the second
floor. Garages that serve these 4 residences are the primary first-floor building elements
adjacent to the internal drive. There are 2 other living units located north of the 4 units
SPR 06-1 1709 Apollo Court Plastic 1ndustnes PC Reso 3
Planning Commission Resolution 06-56
Site Plan Review 06-1
1709 Apollo Court - Plastic Industries
December 6, 2006
described above that are oriented in a north-south manner, and would have partial views
of the subject area from any second floor windows that are facing east.
l. The proposed plan is a reasonable attempt to screen the new
equipment installations from the Island Village community, located approximately 235
feet westerly of the proposed Silo/Utility Pad location.
Section 6. Based upon the facts contained in the record, including
those stated in ~5 of this resolution and pursuant to ~28-2503 and g28-2504 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
a. Site Plan Review 06-1 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.
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 Silo and Utility Pad locations, as proposed to be
conditioned, are compatible with the character of the adjacent development, 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 Site Plan Review 06-1, subject to the following conditions:
1. Site Plan Review 06-1 is approved for the installation of Silo and Utility Pads and
necessary equipment for the business operations of the proposed building tenant,
Plastic Industries, Inc.
2. The Silo and Utility Pad locations are approved in accordance with the approved
plans subject to compliance with the following conditions:
a. A Pinal landscape Plan shall be submitted to the Director of Development
Services for review and approval prior to the issuance of a building permit
for the proposed screen wall or required permits for installation of the
proposed silo and utility equipment. The landscape plan shall provide a
minimum of two, 36"-box, Monterey Pine trees. The irrigation system
shall connect to the existing landscape irrigation system.
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Planning Commission Resolution 06-56
Site Plan Review 06-1
1709 Apollo Court - Plastic Industries
December 6, 2006
b. The screen wall shall be chain link construction with slats inserted
between the chain links and finished to match the color of the building,
and shall be 8 feet high.
c. The screen wall, silos, and related utility equipment shall be continuously
maintained to ensure compatibility with the adjacent structure to the
satisfaction of the Director of Development Services.
3. The connection point for the truck deliveries of HDPE pellets shall be located
within the "Truck Well Loading Area". The transfer of the HDPE pellets will be
accomplished by a direct hose connection from the delivery truck to the silo
connection line. Location of the connection point to be approved by the Director
of Development Services.
4. The business operator shall conform with any and all applicable
requirements/permit conditions of the South Coast Air Quality Management
District, the Santa Ana Regional Water Quality Control Board, the Orange
County Fire Authority, or such other relevant governmental agency, and in
addition to the provisions of Title 9: Public Property, Public Works and Building
Regulations; Chapter 9.20:Storm Water Management; Chapter 9.25: Fats, Oil and
Grease Management and Discharge Control; Chapter 9.30: Sewerage; and
Chapter 9.35: Water, of the Seal Beach Municipal Code as the regulations of
these Chapters now exist or may hereafter be amended.
5. A modification of this Site Plan Review shall be obtained when:
a. There is a substantial change in the type, size, height or bulk of any
necessary silo or utility equipment.
b. The establishment proposes to modify any conditions of approval.
6. There shall be no deliveries of material to the silos between the hours of 6:00 PM
and 7:00 AM daily.
7. 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
pennit for reconsideration and may require the applicant/business operator to
mitigate the noise level to comply with the provisions of Chapter 7.15.
8. The Planning Commission reserves the right to revoke or modify this Site Plan
Review 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.
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Planning Commission Resolution 06-56
Site Plan Review 06-1
1709 Apollo Court - Plastic Industries
December 6, 2006
9. This Site Plan Review 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.
10. This Site Plan Review 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.
11. 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.
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:
A YES: Commissioners
Bello, Deaton, Ladner, O'Malley, Roberts
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
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SPR 06-1 1709 Apollo Court Plastic Industnes PC Reso 7
Planning Commission Resolution 06-56
Site Plan Review 06-1
1709 Apollo Court - Plastic Industries
December 6, 2006
~/ (-1.'I'.{)J~
BI1ery Deato
Chairperson of the Planning Commission