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HomeMy WebLinkAboutPC Res 17-01 - 2017-01-17RESOLUTION NO. 17 -1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 16 -1 TO PERMIT THE OPERATION OF A PERSONAL STORAGE FACILITY IN CONJUNCTION WITH AN EXISTING RECREATIONAL VEHICLE STORAGE USE AT 1011 SEAL BEACH BOULEVARD WITHIN THE RESIDENTIAL HIGH DENISTY ZONE AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Alan Burks of Environ Architecture Inc., on behalf of property owner JB Properties ( "the applicant"), submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 16 -1 to permit the operation of a personal storage facility in conjunction with the operation of an existing recreational vehicle (RV) storage use at 1011 Seal Beach Boulevard. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301(a) of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 at seq.) for the conversion of a vehicle storage use to a personal storage use which is limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Section 3. A duly noticed public hearing was held before the Planning Commission on January 17, 2017 to consider the application for CUP 16 -1. At the 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 applicant submitted an application to the Community Development Department for Conditional Use Permit 16 -1 to permit the operation of a personal storage facility in conjunction with the operation of the existing recreational vehicle (RV) storage use. B. The subject site is located on the northwest corner of Seal Beach Boulevard and Adolfo Lopez Drive and is addressed 1011 Seal Beach Boulevard. The subject site is developed with a 65,516 sq. ft. industrial building that began operation as a vehicle storage use in 2010. C. In 2013, a city- initiated zone map amendment was adopted and the subject site was changed from a Light Manufacturing zone to a Residential High Density (RHD -20) zone. D. The Seal Beach Municipal Code ( §11.4.40.070) allows any use or structure legally established on a property previously zoned for light manufacturing that -1 of 6- Resolution 17 -1 1011 Seal Beach Boulevard is made nonconforming by the city- initiated rezoning of the property for residential use to continue as or convert to any nonconforming use or structure consistent with the prior light manufacturing designation of the property. The Seal Beach Municipal Code ( §11.2.15.010) permits a personal storage use and recreational vehicle storage uses with the approval of a Conditional Use Permit in the Light Manufacturing zone. E. The applicant proposes to complete interior tenant improvements to convert 65,516 sq. ft. of existing floor space into a two floor 119,000 sq. ft. personal storage facility with 10,372 sq. ft. of warehousing and office space while 34 exterior parking spaces will continue to be utilized for Recreational Vehicle (RV) storage. The business will operate with on -site staff, and access to the RV storage, Monday through Saturday from 8:00 a.m. to 5:00 p.m. and the Personal Storage is proposed to operate Monday through Sunday from 7:00 a.m. to 7:00 p.m. F. Parking for the site requires that personal storage facilities provide one parking space per 20 storage units, and one parking space per 1000 sq. ft. of warehouse area which requires a minimum of 31 stalls for the 615 storage units and 11 parking stall for the 10,372 sq. ft. of warehouse /office space for a required total of 42 parking spaces. The site contains 129 parking spaces including the 34 for the RV storage parking. This is a surplus of 53 spaces over what is required. G. The applicant has agreed to complete public improvements at the intersection of Seal Beach Boulevard and Adolfo Lopez Drive that would extend the southbound bicycle lane from its current terminus north of the southbound right -turn only to the intersection. The storage length of the right -turn only lane would be increased from approximately 90 feet to approximately 120 feet. Additionally, the taper would be increased from 65 feet to 85 feet to account for the volumes and speed of the roadway. A six -foot wide bicycle lane would be extended from the existing terminus that is approximately 145 feet north of the intersection of Adolfo Lopez Drive. A Lot Line Adjustment will be required to accommodate the curb widening necessary for the bicycle lane which will require approximately six feet of additional right -of -way over a length of approximately 205 feet. The widening will require the relocation of existing traffic signal equipment, an existing light pole and the relocation of the pedestrian sidewalk. 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 Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The General Plan Land Use Map designates the subject property as Residential High Density. The subject site was previously designated as Light - Industrial prior to a city- initiated Zone Map amendment and General Plan amendment in 2013. The subject site has a nonconforming status which the Municipal Code ( §11.4.40.070) allows to convert to a use that would have been permitted or conditionally permitted prior to the zone change. The Municipal Code ( §11.2.15.010) permits a personal storage use with approval of Conditional Use Permit. The proposed -2 of 6- Resolution 17 -1 1011 Seal Beach Boulevard use is consistent with applicable zoning regulations and the subject site is surrounded by a mix of light industrial and office uses. B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code. The subject site is located within the Residential High Density (RHD- 20), but has a nonconforming status as described by §11.4.40.070 of the Seal Beach Municipal Code. This status allows the subject site to convert to uses that would have been permitted on the property prior to the city- initiated zone change. The Seal Beach Municipal Code ( §11.2.15.010) permits personal storage uses in the light manufacturing zone with approval of a Conditional Use Permit. The proposed personal storage use complies with applicable zoning regulations. 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 Seal Beach Municipal Code requires that personal storage facilities provide one parking space per 20 storage units, and one parking space per 1000 sq. ft. of warehouse area which requires a minimum of 31 stalls for the 615 storage units and 11 parking stall for the 10,372 sq. ft. of warehouse / office space for a required total of 42 parking spaces. The site contains 129 parking spaces including the 34 for the RV storage parking. This is 53 over what is required. The subject site is developed with a light industrial building, surrounded on three sides by parking area. 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 businesses. The subject site is located adjacent to the light manufacturing zoning area and the Boeing Integrated Defense Systems Specific plan, which was intended to operate as a planned mixed use business park. Interior improvements are proposed for the interior of the existing industrial building and no additions are proposed on the exterior of the building. The facility will primarily operate as a personal storage and RV Storage facility. The hours of operation for the separate uses are: RV Storage and on -site staff Monday through Saturday from 8:00 a.m. to 5:00 p.m. and the Personal Storage is proposed to operate Monday through Sunday from 7:00 a.m. to 7:00 p.m. E. The establishment, maintenance, and operation of the proposed personal storage and RV Storage use, as conditioned below, will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed personal storage and RV Storage use. All personal storage activity will be conducted within the building while RV storage once all construction and the third phase is completed will only occur in the 34 assigned spaces. A lighting plan will be required to ensure sufficient lighting is provided throughout the subject site. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 16 -1 to permit the operation of a personal storage facility in conjunction -3 of 6- Resolution 17 -1 1011 Seal Beach Boulevard with the operation of the existing recreational vehicle (RV) storage use at 1011 Seal Beach Boulevard, subject to the following conditions: 1. Conditional Use Permit 16 -1 is approved to permit the operation of a personal storage facility in conjunction with the operation of the existing recreational vehicle (RV) storage facility at 1011 Seal Beach Boulevard. 2. Upon submittal for Building Division plan check, the applicant must submit a photometric plan that clearly shows the exterior lighting on the subject site. 3. The premises of personal storage facility in conjunction with the operation of the existing recreational vehicle (RV) storage use must be in substantial compliance with the project plans submitted with the application and maintained on file with the Community Development Department. 4. The hours of operation for the separate uses are: RV Storage and on -site staff Monday through Saturday from 8:00 a.m. to 5:00 p.m. and the Personal Storage is proposed to operate Monday through Sunday from 7:00 a.m. to 7:00 p.m. 5. Building permits must be obtained for all tenant improvements conducted within the building. 6. Public improvements to the intersection of Seal Beach Boulevard and Adolfo Lopez Drive shall be completed as part of phase one. All public improvements must be completed prior to issuance of any certificate of occupancy. 7. Provide landscape and irrigation plan that depicts proper screening of the outdoor recreational vehicle storage area from public view. 6. Outdoor storage is limited to the 34 RV parking spaces indicated on the submitted plans. 9. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. 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 applicant must provide adequate exterior lighting to help provide a safe environment for patrons coming and going, to and from, the location's parking lot. All proposed lighting shall not cast a glare onto adjoining properties and public right of way. 11. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. -4 of 6- Resolution 17 -1 1011 Seal Beach Boulevard 12. A modification of this CUP must be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval b. There is a substantial change in the mode or character of operations of the establishment, including but not limited to a change in the approved personal and RV storage activity. 13. 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. 14. 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. 15. The establishment shall have a public telephone listing 16. Contact information for on -site management must be provided to City Staff upon submittal of a business license application. Any changes in management or phone numbers must be provided to City Staff within 72 hours of change. 17. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 18. This CUP shall become null and void unless exercised within one 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 ninety days prior to such expiration date. 19. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 20. Failure to comply with any of these conditions or a substantial change in the mode or character of the storage facility shall be grounds for revoking or modifying this CUP approval 21. 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. 22. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City' hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all -5 of 6- Resolution 17 -1 1011 Seal Beach Boulevard 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. Building permits must be obtained for all tenant improvements conducted within the building. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on January 17, 2017, by the fallowing vote: AYES: NOES: ABSENT: Commissioners Commissioners ABSTAIN: Commissioners AT ES Jim B ham Pla ing Commission Secretary -6 of 6- MPFOF 111 IT In