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Home My WebLink AboutPC Res 07-14 - 2007-03-21 RESOLUTION NUMBER 07-14 O.f>/6'h /114( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO 07-4, APPROVING A TOWING SERVICE AS AN ACCESSORY USE AT AN EXISTING AUTOMOTIVE REPAIR BUSINESS AT 1000 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE' SectIOn 1 On February 21,2007 Joseph HarrIS of AutomotIve Excellence of Seal Beach filed an applIcatIon for CondItIOnal Use PermIt 07-4 WIth the Department of Development ServIces SectIOn 2 The applIcant IS requestmg CondItIonal Use PermIt approval to permit a towmg servIce as an accessory use at an eXIstmg automotIve repaIr busmess SectIOn 3 Pursuant to 14 CalIf Code of Regs ~ 15301, staff has determmed as follows The applIcatIOn for CUP 07-14 for the requested land use entItlement to conduct a tOWIng servIce at an eXIstmg automotIve repaIr busmess locatIOn IS categOrIcally exempt from reView pursuant to the CalIfornia EnVIronmental QualIty Act pursuant to 14 CalIf Code of Regs ~ 15305 (Mmor AlteratIOns m Land Use LImItatIOns), because the proposal mvolves a mmor alteratIOn m land use lImItatIOn and does not mvolve eIther a property m excess of 20% slope or a change m land use or denSIty SectIOn 4 A duly notIced publIc hearIng was held before the Plannmg CommIssIOn on March 21, 2007, to conSIder the applIcatIon for CondItIonal Use PermIt No 07-4 At the publIc hearmg the Plannmg CommIssIOn receIved wrItten and oral eVIdence on the proposed proJect SectIOn 5 mdIcates the followmg The record of the publIc hearmg of March 21, 2007 a On February 21, 2007 Joseph HarrIS of AutomotIve Excellence of Seal Beach filed an applIcatIOn for CondItIOnal Use PermIt 07-4 WIth the Department of Z \L Whlttenberg\My Documents\RESO\CUP 07-4 1000 PCH PC Reso doc\L W\03-22-07 Plannmg CommiSSIOn ResolutIOn 07-14 ConditIOnal Use Pelmlt 07-4 1000 Pacific Coast Highway (Automotive Excellence) Malch 21,2007 Development ServIces to permIt a towmg serVice as an accessory use at an eXIstmg automotIve repaIr busmess b The subJect property IS located at 1000 PacIfic Coast HIghway, m the C-2, General CommercIal Zone c Surroundmg land uses and ZOnIng are as follows NORTH SOUTH EAST WEST Across PacIfic Coast HIghway IS the Seal Beach Center, a community shoppmg center currently undergomg renovatIOn, located m the C-l, ServIce CommercIal Zone A church faCIlIty m the PLU-R, PublIc Land Use- RecreatIon Zone Along the south sIde of PaCIfic Coast HIghway, commercIal busmesses frontmg PaCIfic Coat HIghway m the C-2, General CommercIal Zone (Zoeter Place) WIth Zoeter FIeld located southerly of the shoppmg center m the PLU-R, PublIc Land U se- RecreatIon Zone Along the south side of PaCIfic Coast HIghway, a sandwIch shop frontmg PaCIfic Coat HIghway WIth an msurance office and a SWIm school located southerly along Tenth Street, extendmg a total dIstance of 100 feet, m the C-2, General Commercial Zone WIth a mIX of smgle- and multI- unIt reSIdences m the RHD, ReSIdentIal HIgh DenSIty Zone located further to the south d The eXIstmg automotIve repair busmess IS located on a property that has 1175 feet of flOntage on PaCIfic Coast HIghway and IS 75 feet m depth, comprIsmg 8,812 5 square feet of land area The eXIstmg automotIve repaIr busmess structure comprIses approxImately 2,750 square feet of the lot area e The subJect property prevIously obtaIned the folloWIng dIscretIOnary approvals o VarIance 1-69 approvmg a SIgn at an eXIstmg servIce statIOn o VarIance 43-72, permIttmg the constructIOn of a 4,000 square foot "auto hardware" bUIldmg subJect to condItIons. o Plan ReVIew 7-76, approvmg reViSIons to SIgns for a "Goodyear" tIre store on the subJect property CUP 07-4 1000 PCH PC Reso 2 Planmng CommiSSIOn ResolutIOn 07-14 CondlllOnal Use Pel nut 07-4 1000 Pacific Coast Highway (Automotive Excellence) March 21,2007 f On January 22, 2007 the CIty CounCil conducted a publIc hearmg regardmg Zone Text Amendment 06-2, whIch defined "Towmg ServIces' and specIfied such use as a condItIonally permItted use m the General CommercIal (C-2) zone subJect to specIfied condItIOns Upon concludmg the publIc hearmg the CIty CounCil mtroduced Ordmance No, 1554, approvmg ZTA 06-2 g On February 12, 2007 the CIty CounCIl conducted second readmg and adopted Ordmance No 1554, whIch became effective on March 14,2007 h The adopted Zone Text Amendment mcluded a definItIOn for "Towmg SerVIces"', and determmed that such a use may be allowed wIthm the C-2, General CommercIal Zone upon approval of a CondItIonal Use PermIt, and be subJect to certam specIfied COndItIons as well as other condItIOns that the PlannIng CommIssIOn could Impose based on the publIc hearmg testImony I The addItIonal standards regardmg thIS type of land use when located wIthm 300 feet of resIdentIally zoned property are set forth m SectIon 28-2323 C J GIven the neIghborhood compatIbIlIty Issues raIsed by the preVIOUS complaInts regardmg the subJect busmess operatIOn It IS Important to mclude adequate busmess operatIOn condItIons on any approved use for a towmg servIce on the subJect property An InItIal reVIew after 6-months, and a follow-up 12-month reVIew perIod prIor to consIdermg an mdefilllte extensIOn of an approved condItIOnal use permIt for the subJect property IS determmed to be appropnate These shortened reVIew perIods wIll allow the Plannmg CommISSIon to mamtam adequate reVIew authOrIty over thIS use to ensure that ItS operatIons do not become a maJor "publIc nUIsance" matter for the CIty to deal WIth k The requested use, as proposed to be condItIOned, IS approprIate for the subJect locatIon The "AddItIOnal Standards" set forth m SectIOn 28-2323 C dIrectly address the maJor concerns regardmg the use of the subJect property to accommodate the accessory tow serVIce busmess, m conjunctIon WIth the permItted auto IepaIr busmess actIVIties SectIOn 6 Based upon the facts contamed m the record, mcludmg those stated m ~5 of thIS resolutIon and pursuant to ~~ 28-1300, 28-2504-2508 of the CIty'S Code, the Plannmg CommIssIOn makes the followmg findmgs a CUP No 07-4 IS conSIstent WIth the prOVlSlons of the Land Use Element of the CIty'S General Plan, whIch proVIdes a "general commercIal" deSIgnatIOn for the subJect property and permIts towmg servIces subJect to the Issuance of a CondItIOnal Use PermIt The use IS also conSIstent WIth the remaming elements of the CIty'S General Plan as the polICIes of those elements are conSIstent With, and reflected m, the Land Use Element Accordmgly, the proposed use IS conSIstent WIth the General Plan CUP 07-41000 PCH PC Reso 3 Planmng CommiSSIOn ResolutIOn 07-14 ConditIOnal Use Permit 07-4 1000 Pacific Coast Highway (Automotive Excellence) March 21, 2007 b The bUIldmg and property at 1000 Pacific Coast HIghway are adequate m SIze, shape, topography and locatIOn to meet the needs of the proposed use of the property ReqUIred adherence to applIcable bUIldmg and fire codes ensure there wIll be adequate water supply and utIlItIes for the proposed use c The proposed condItIons of approval WIll reduce potentIal nOIse dIsturbance actIvItIes to the greatest extent feasIble to ensure that the tow service operatIons are not mcompatIble WIth surroundmg uses of property, mcludmg resIdentIal uses as close as 65 feet to the subJect property d The requested tow servIce operatIon, If properly condItIoned and enforced, IS compatIble WIth the character of the surroundmg area Adherence to condItIons of approval placed on the use by the CIty of Seal Beach would mItIgate any negatIve Impacts to neIghbormg resIdentIal propertIes SectIOn 7 Based upon the foregomg, the Plannmg CommIsSIOn hereby approves CondItIonal Use PermIt No 07-4, subJect to the follOWIng COndItIons 1 CUP 07-4 IS approved for a towmg serVIce as an accessory use to an eXIstmg automotIve repaIr busmess at 1000 PacIfic Coast HIghway 2 The tow servIce shall comply WIth all proVIsIOns of SectIon 28-2323 C of the Seal Beach MunICIpal Code The "OperatIOn GUIdelmes" reqUIred pursuant to SectIOn 282323 C 4 shall be submItted to the DIrector of Development ServIces wIthm 30 days of the approval of tills land use entItlement by the CIty 3 ThIs CondItIonal Use PermIt shall not become effectIve for any purpose unless an "Acceptance of COndItIons" form has been SIgned by the applIcant m the presence of the Director of Development ServIces, or notarIzed and returned to the Plannmg Department, and untIl the 10 day appeal perIod has elapsed 4 The term of thIS permIt shall be 6 months At the end of the mItIal term, the applIcant may apply for a follow-up 12-month reVIew perIod prIor to requestmg an mdefinIte extenSIOn for CUP 07-4 The commISSIOn may grant extenSIOns provIded that all the condItIOns of approval have been met and no signIficant polIce or other problems have occurred The applIcant IS hereby advIsed that a new applIcatIOn and accompanymg fee must be paId to the CIty prIor to conSIderatIOn of each extenSIOn request 5 A modIficatIOn of thIS CondItIonal Use PermIt shall be obtaIned when (a) The establIshment proposes to modIfy any of ItS current COndItIons of approval (b) There IS a substantIal change m the mode or character of operatIons of the establIshment CUP 07-41000 PCH PC Reso 4 Plannmg CommiSSIOn ResolutIOn 07-14 ConditIOnal Use Pe1nllt 07-4 1000 Pacific Coast Highway (Automotive Excellence) March 21, 2007 6 The Plannmg CommIsSIOn reserves the rIght to revoke or modIfy thIS CondItIonal Use PermIt If any vIOlatIOn of the approved condItIons occurs, any vIOlatIOn of the Code of the CIty of Seal Beach, occurs, or for those reasons speCIfied by ArtIcle 28, and m the manner speCIfied m ArtIcle 25, of Chapter 28 of the Code of the CIty of Seal Beach 7 In the event staff determmes 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 Tills CondItIonal Use PermIt shall become null and VOId unless exercIsed wIthm 1 year of the date of final approval, or such extensIOn of tIme as may be granted by the Plannmg CommISSIOn pursuant to a wntten request for extensIOn submItted to the Department of Development SerVIces a mmImum of 90 days prIor to such expIratIOn date 9 The applIcant shall mdemnIfy, defend and hold harmless CIty, ItS officers, agents and employees (collectIvely "the City" heremafter) from any and all claIms and losses whatsoever occurrmg or resultmg to any and all persons, firms, or corporatIons furnIsillng or supplymg work, serVIces, materIals, or supplIes m connectIOn WIth the performance of the use permItted hereby or the exerCIse of the rIghts granted herem, and any and all claIms, laWSUIts or actIOns arlSlng from the grantIng of or the exerCIse of the rIghts permItted by thIS CondItIonal Use PermIt, and from any and all claIms and losses occurrmg or resultmg to any person, firm, corporatIOn or property for damage, mJury or death arIsmg out of or connected WIth the performance of the use permItted hereby ApplIcant's oblIgatIOn to mdemnIfy, defend and hold harmless the CIty as stated herem shall mclude, but not be lImIted to, paymg all fees and costs mcurred by legal counsel of the CIty'S chOIce in representmg the CIty m connectIOn WIth any such claIms, losses, laWSUIts or actIOns, expert WItness fees, and any award of damages, Judgments, verdIcts, court costs or attorneys' fees m any such laWSUIt or actIOn PASSED, APPROVED AND ADOPTED by the Plannmg CommISSIOn of the CIty of Seal Beach at a meetmg thereof held on the 21 st day of March , 2007 by the follOWIng vote CUP 07-4 1000 PCH PC Reso 5 AYES CommIssIoners NOES CommIssIOners ABSENT CommIssIOners ABSTAIN CommISSIOners Planning CommiSSIOn ResolutIOn 07-14 ConditIOnal Use Permit 07-4 1000 Pacific Coast Highway (Automotive Excellence) March 21, 2007 Bello, Deaton, O'Malley, and Roberts e WhIttenberg Secretary of the Plannmg CommISSIO CUP 07-41000 PCH PC Reso ~Ul~lA' j()!~ lery DeatJn ChaIrperson of the Plannmg CommISSIon 6