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HomeMy WebLinkAboutPC Res 15-17 - 2015-07-06 RESOLUTION NO. 15-17 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15-4 TO INSTALL A TEMPORARY MODULAR TRAILER TO SERVE AS A BANK WHILE THE EXISTING BANK UNDERGOES TENANT IMPROVEMENTS, AND TO REDUCE THE NUMBER OF DRIVE-UP TELLER LANES FROM 5 TO 2 LOCATED IN THE GENERAL COMMERCIAL (GC) ZONE AT 12535 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Leslie Gentile of AC Martin Architecture ("the applicant") on behalf of the property owner Farmers and Merchants Bank, submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 15-4. The proposed project includes reducing the bank's existing drive-up teller lanes from 5 to 2 in order to provide additional parking and landscape in the parking area. The request also includes installation of a temporary modular trailer to serve as a bank while the existing bank building undergoes construction which is located in the General Commercial (GC) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section'21000 et seq.) for the permitting of a reduction in drive-up teller lanes, modification to the parking area and installation of a temporary modular bank at an existing bank where only minimal modifications are required for the exterior renovation. Section 3. A duly noticed public hearing was held before 'the Planning Commission on July 6, 2015 to consider Conditional Use Permit 15-4. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. On March 16, 2015, the applicant submitted an application to the Community Development Department for Conditional Use Permit 15-4 for a proposed project at 12535 Seal Beach Boulevard, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 81,549 square feet. The property is approximately 340 feet wide by 239 feet deep. The site is adjacent to The Shops at Rossmoor shopping center and is surrounded on the north, east and west by commercial uses and to the south by residential uses. C. The subject property is currently developed with a one story commercial retail building and a two story bank and office building with 5 drive-up teller lanes and on-site parking. The existing bank use with drive-through aisles is considered nonconforming because the drive-through aisles were constructed prior to the Seal Beach Municipal Code requirement for a conditional Use permit (CUP). The proposed improvements and approval Pagel of 4 Resolution 15-17 12535 Seal Beach Boulevard of this application will bring the site and use into conformity with the Seal Beach Municipal Code. I D. The applicant is requesting to reduce the bank's existing drive-up teller lanes from 5 to 2 in order to provide additional parking and landscape in the parking area. The request also includes installation of a temporary modular trailer to serve as a bank while the existing bank building undergoes construction. As part of this remodel the subject property will also remodel the exterior of the two story bank building and construct a an outdoor patio area. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed improvements are consistent with the General Plan which encourages architectural diversity in the commercial area (Planning Area 4) while stimulating growth and prosperity of the city and encouraging compatibility between residential and commercial uses. The reduction in drive-up teller lanes will increase the distance of the drive- through aisle from the residences across St Cloud Drive and will be consistent with other surrounding commercial properties. B. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the General Commercial (GC) zone, an area where the Seal Beach Municipal Code (Section 11.2.10.010) allows banks with drive- through facilities with approval of a Conditional Use Permit and Seal Beach Municipal Code (Section 11.4.05.130) allows for the use of a temporary modular trailer with approval of a use permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a one story commercial building and a two story bank/office building with 5 drive-up teller lanes. The change will reduce the number of lanes and approval of this application will allow the site to conform to the municipal code. The reduction of drive through lanes and additional parking will improve the site's ability to accommodate the use. The temporary modular trailer will be located in an area away from vehicular traffic and will be provided with sufficient parking to accommodate its use. As conditioned, the trailer will only be on-site for a maximum of one year or until construction is completed whichever is first. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the General Commercial zone, which consists of properties developed as commercial retail and office buildings. The improvement will not add usable floor area, but will reduce the existing operating characteristics by eliminating 3 drive-through lanes of the bank building. The temporary trailer will be located in an area buffered by landscape planters for one year or less. Page 2 of 4 Resolution 15-17 12535 Seal Beach Boulevard E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The reduction of the drive-through aisles and increase in the landscape area will soften visual impacts to the residences adjacent to the site by adding landscaping and increasing the distance of the drive-through aisles From -the residences located across St. Cloud Drive. The subject site will continue to operate as a commercial property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 15-4 for -the reduction of the bank's existing ,drive-up teller lanes from 5 to 2 in order to provide additional parking and landscape in the:parking area. The request also includes installation of a temporary modular trailer to serve as a bank while the existing bank building undergoes construction subject to the following conditions: 1. Conditional Use Permit 15-4 is approved for the reduction of the bank's existing drive- up teller lanes from 5 to 2 in order to provide additional parking and landscape in the parking area. The request also includes installation of a temporary modular trailer to serve as a bank while the existing bank building undergoes construction located at 12535 Seal Beach Boulevard. j 2. All plan check and future construction shall be in substantial compliance,with the plans approved through Conditional Use Permit 15-4. All new construction shall comply with all applicable state and local codes. 3. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, or any violation of the Code of the City of Seal Beach occurs. 4. The applicant is required to provide renderings or samples of the planters to be utilized around the temporary trailer for the planning staff to review and approve prior to installation. 5. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Community Development Department. 6. Approval of this request shall not waive compliance with all sections of ithe Municipal Code, all other applicable City Ordinances, and applicable Specific Plans in effect at the time of Building Permit issuance. 7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through!the use of a combination of concrete or masonry walls, berming, and/or landscaping to -the satisfaction of-the Community Development Department. 8. Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit 15-4 shall require review and approval by the Planning Department prior to intensification or modification. Page 3 of 4 I Resolution 15-17 12535 Seal Beach Boulevard 9. No exterior changes to the design of the project, including exterior materials, ials, shall be permitted without prior City review and approval. 10. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 11. Approval of the temporary modular bank trailer is for no more than (1) y6 ar or until -the remodel of the two story bank building is completed, whichever is first; and the temporary modular bank trailer shall thereupon be immediately removed. 12. This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 13. The applicant shall indemnify, defend and hold harmless the 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. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 6, 2015, by the following vote: AYES: Commissioners Sloan, Cummings, Machen, Campbell NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sgv—e Sloan Chairperson TTE T: Basham s g Commission P Xing Commission Secretary Page 4 of 4