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HomeMy WebLinkAboutPC Res 15-30 - 2015-01-04RESOLUTION NO. 15 -30 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15 -5 TO REMOVE TWO GASOLINE PUMP NOZZLES FROM THE SOUTH DISPENSERS AND REPLACE AN EXISTING 802 SQUARE -FOOT CAR WASH AND EXISTING VACUUMS WITH A NEW 3,004 SQUARE FOOT AUTOMATED SELF -SERVE CAR WASH WITH NEW VACUUM HOSES IN CONJUNCTION WITH AN EXISTING GASOLINE STATION AND MINI -MART AT 12240 SEAL BEACH BOULEVARD WITHIN THE GENERAL COMMERCIAL (GC) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Ulises Araujo ('the applicant') on behalf of Ben Kohanreb submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 15 -5 to remove two gasoline pump nozzles from the south dispensers and replace an existing 802 square -foot car wash and existing vacuums with a new 3,004 square -foot automated self -serve car wash with new vacuum hoses in conjunction with an existing gasoline station and mini -mart within the General Commercial (GC) zoning area. Section 2. On July 5, 1989, the Planning Commission approved Resolution 1546 conditionally approving Conditional Use Permit (CUP) 9 -88 permitting the rebuilding of an existing gasoline station to include a snack shop /general service building, three fueling islands, six multi -hose dispensers, and a coin operated car wash at 12240 Seal Beach Boulevard. All conditions of approval for CUP 9 -88 remain in effect for the service station. Section 3. This project is determined to be a Class 1 (Conversion of small structures) Categorical Exemption pursuant to Section 15301 (e) of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the removal of two gasoline pump nozzles from the south dispensers and replacement of an existing self -serve carwash and vacuums with a new self -serve carwash with vacuum hoses, in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. Section 4. A duly noticed public hearing was held before the Planning Commission on December 7, 2015 to consider the application for CUP 15 -5. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. At this meeting the Planning Commission voted to continue the public hearing to the January 4, 2016 meeting so that the applicant could work with staff to address concerns raised by a neighboring resident. Page 1 of 6 Conditional Use Permit 15-5 12240 Seal Beach Boulevard Section 5. A duly noticed continued public hearing was held before the Planning Commission on January 4, 2016 to consider the application for CUP 15 -5. At the continued public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site is a 34,741 square -foot rectangular parcel that is developed with an existing gas service station with 6 multi -hose gasoline dispensers, 962 square -foot convenience store, 802 square -foot car wash and 6 vacuums located on the northeast corner of Seal Beach Boulevard and Plymouth Drive. The site is surrounded by residential uses to the north across a flood control channel, to the south across Plymouth Drive and to the east, with commercial uses to the west across Seal Beach Boulevard. The subject property is located in the General Commercial (GC) zone, which permits gas service stations subject to approval of a Conditional Use Permit. B. Conditional Use Permit (CUP) 9 -88 was approved on July 5, 1989 pursuant to Planning Commission Resolution 1546, to permit the rebuilding of an existing gasoline station to include a snack shop /general service building, three fueling islands, six multi -hose dispensers, and coin operated car wash. By this Resolution 15- 30 the Commission approves Conditional Use Permit 15 -5, including the maintenance of the existing mini -mart and service station subject to removal of two gasoline pump nozzles from the south dispensers, and further approves replacement of the existing car wash and vacuums. All conditions of approval established by CUP 9 -88 remain in effect and must be adhered to. C. The applicant proposes to remove the existing 802 square -foot coin operated car wash and replace it with a new 3,004 square -foot automated self -serve car wash and six vacuum hoses. The replacement will almost double the size of the car wash conveyor tunnel area to 1,582 square feet and add a 619 square -foot and 803 square -foot noise reducing chamber at the beginning and end of the car wash respectively. The service station hours of operation will continue to be 24 hours a day; seven days a week but the automated self -serve car wash will only operate between 7:00 a.m. to 7:00 p.m. seven days a week. The project will include removing two gasoline pump nozzles from the south dispensers. Section 6. 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 Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed use, as conditioned below, is consistent with the General Plan. The General Plan specifies that the General Commercial land use category encourages commercial areas to provide a broad range of retail and service uses for the community. The replacement of the existing automated self -serve car wash with the proposed hours of operation will maintain the diversity of commercial uses available along Seal Beach Boulevard. B. The proposed use is permitted in the General Commercial (GC) zone subject to the approval of a Conditional Use Permit. The existing use has operated Page 2 of 6 Conditional Use Permit 15-5 12240 Seal Beach Boulevard at the subject site in compliance with all applicable provisions of the Municipal Code and the existing Conditional Use Permit 9 -88. The gas station will continue to be regulated by Seal Beach Municipal Code and all conditions of approval in Resolution 1546 conditionally approving Conditional Use Permit 9 -88 will remain in effect. The new 3,004 square -foot automated self -serve carwash will be conditioned to maintain compliance with the Seal Beach Municipal Code and the current conditions contained in CUP 9 -88. 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 existing gas station with a retail building and automated carwash was originally constructed as such and maintains the same parking ratio, so the proposed expansion will not require any additional parking as the automated self -serve carwash will require only the gas station staff to operate. The approval of the new automated carwash includes some reconfigurations to the subject that include relocating on -site parking and removing two gas pump dispensers from the south end of the property to create a queuing lane for the carwash. The proposed queuing lane will be able to accommodate ten vehicles, which exceeds the average as determined by the Vehicle Stacking Study & Traffic Impact Analysis prepared by Steven - Garland Associates on September 2014, revised March 2015. The subject site will also be able to accommodate an alternative queuing lane if necessary. 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 proposed replacement of the existing automated self -serve car wash is compatible with the size and configuration of the commercial site in which it is located. The subject property is developed with an existing service station with 6 multi -hose gas dispensing pumps, 962 square -foot convenience store, 802 square -foot car wash and 6 vacuums and has operated on the site since 1990. The proposed automated carwash replacement will not result in an increase in parking demand for the site. The establishment will continue to be regulated by local and state regulations along with existing conditions of approval. In addition, new conditions have been established for the carwash replacement to limit the hours of operation, provide a dedicated queuing lane and an additional alternative queuing lane. The new automated carwash design provides noise reducing chambers to further contain all noise on the subject site. E. The establishment, maintenance, and operation of the proposed carwash replacement, as conditioned below, will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The gas station with the self - serve car wash and vacuums has operated on site since 1990. The conditions placed on the gas station and the proposed replacement automated car wash will ensure the business will not become detrimental to persons residing or working in the vicinity. The addition of the noise reducing chambers at each end of the car wash conveyor tunnel will assist in reducing in the noise associated with the operation of an automated self - serve car wash. Conditions have been applied to CUP 15 -5 to ensure the automated self -serve car wash continues to operate in conjunction with the surrounding residential and commercial neighborhoods. The reconfigurations to relocate the on -site parking separates the parking areas from the surrounding residential uses and the removal of Page 3 of 6 Conditional Use Permit 15-5 12240 Seal Beach Boulevard two gas pump dispensers to create a dedicated queuing lane will further safeguard that the subject site can operate without being detrimental to surrounding uses. Section 7. Based upon the foregoing, the Planning Commission hereby approves CUP 15 -5 to remove two gasoline pump nozzles from the south dispensers and replace an existing 802 square -foot self -serve car wash and existing vacuums with a new 3,004 square -foot automated self -serve car wash with an existing gasoline station and mini -mart at 12240 Seal Beach Boulevard on the subject property, subject to the following conditions: 1. Conditional Use Permit 15 -5 is approved to eliminate two gasoline pump nozzles from the south dispensers and replace an existing 802 square -foot car wash and existing vacuums with a new 3,004 square -foot automated self -serve car wash with an existing gasoline station and mini -mart at 12240 Seal Beach Boulevard within the Commercial General (CG) zoning area. 2. The premises of the service station must be in substantial compliance with the project plans submitted with the application and dated May 8, 2015 and maintained on file with the Community Development Department. 3. This Conditional Use Permit shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed and notarized by the applicant/business owner before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 4. The car wash hours of operation shall be 7:00 A.M. to 7:00 P.M. seven days a week. 5. After a minimum of one year of operation, the applicant/business owner or the City of Seal Beach may request an evaluation of the automated self -serve carwash operating hours or other conditions to determine if modifications are required. 6. The applicant/business owner shall assign an extra attendant to the car wash facility on Friday from 3:00 PM to 6:00 PM, Saturday from 11:00 AM to 4:00 PM, and Sunday from 12:00 PM to 3:00 PM, to facilitate the operation of the overflow queuing lane. During these peak times, the attendant must post signs to temporarily close the fueling dispensers on the north side of the north pump island. 7. No neon signage or other illuminated signage directed towards the exterior of the business premises shall be allowed at any time. All proposed business signage shall be subject to approval of the Department of Community Development. Additionally, the attendant will be required to direct additional vehicles into the overflow lane that is located south of the gas station canopy. 8. The Planning Commission reserves the right to revoke or modify this CUP if harm or operational problems such as noise or criminal behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness. vandalism. solicitation and /or litter. 9. A modification of this CUP must be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. Page 4 of 6 Conditional Use Permit 15-5 12240 Seal Beach Boulevard b. There is a substantial change in the mode or character of operations of the establishment. 10. 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 written request for extension submitted to the Community Development Department a minimum of 90 days prior to such expiration date. 11. A wrought iron fence, with a minimum height of 8 ft., must be installed to restrict access behind car wash. The design of the security fence will be reviewed during plan check. 12. A photometric lighting plan of the site shall be submitted for review with the plan check submittal. 13. The applicant/business owner shall place and maintain signage along the car wash entry aisle asking patrons to be considerate while they wait in line by keeping their stereos turned down and limiting engine idling time. 14. The applicant/business owner shall prominently display these Conditions of Approval in a location within the business' customer area that is acceptable to the Community Development Director. 15. Commercial deliveries and /or trash disposal activities are prohibited between 10:00 P.M. and 7:00 A.M. 16. The area between car wash and rear property line shall be kept clean and maintained clear of trash and debris at all times. Storage of any kind is prohibited in this area. 17. Employees and /or customers shall not wash, dry, or detail including waxing vehicles as the vehicles exit the car wash, or anywhere on the property at any given time. 18. A landscape plan must be submitted, as part of the building plan check submittal, clearly showing that five, 30 inch box, Melaleuca trees will be provided. 19. All landscaping on site must be properly maintained. The business owner is responsible for ensuring that landscaping does not become overgrown. 20.The applicant/business owner 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. The applicant's /business owner's obligations 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, Page 5 of 6 Conditional Use Permit 15-5 12240 Seal Beach Boulevard 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. 21. The applicant/business owner is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 22.Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 23.The gas station will continue to be regulated by the Seal Beach Municipal Code all conditions of approval in Resolution 1546 conditionally approving Conditional Use Permit 9 -88 will remain in effect. Section 8. Failure to comply with any of these conditions or a substantial change in the mode or character of the establishment shall be grounds for revoking or modifying this CUP approval. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on January 4, 2016, by the following vote: AYES: Commissioners Campbell, Klinger, Machen, Thomas, Cummings NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATT ST: Jim Basham Commission Secretary Page 6 of 6 Esther Cummings Chairperson