HomeMy WebLinkAboutCC Res 4207 1993-03-08
.'
RESOLUTION NUMBER ~
J
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH SUSTAINING THE
APPEAL OF CONDITION #5 OF CONDITIONAL
USE PERMIT 92-9, ALLOWING THE DELIVERY
OF MOTOR VEmCLE FUELS AND FACILITY
MAINTENANCE BETWEEN THE HOURS OF 2:00
AM AND 6:00 AM IN CONJUNCTION WITH AN
EXISTING SERVICE STATION LOCATED AT 1300
PACIFIC COAST HIGHWAY, SEAL BEACH (G &
M OIL COMPANY)
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section 1. On August 17, 1992, G & M Oil Company ("The Applicant") filed an
application for CUP 92-9 with the Department of Development Services, The applicant seeks
to continue to operate an automobile service station between the hours of 2:00 a,m, and 6:00
a.m, This application has been filed in response to City Ordinance 1348 which permits existing
legally non-conforming businesses which are lacking a required use permit to apply to the City
for such a use permit within six (6) months of approval of said ordinance.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's
Local CEQA Guidelines, staff has detennined as follows: The application for CUP No. 92-9 I
is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif, Code of Regs, ~ 15301 (Existing Uses), because the application is for an
existing use which is not expanding; pursuant to ~ 15305 (Minor Alterations in Land Use
Limitations), because the proposal involves a minor alteration in a land use limitation and does
not involve either a property in excess of 20% slope or a change in land use or density; and
finally, pursuant to ~ 15061(b)(3), because it can be' seen with certainty that there is no
possibility that the approval may have a significant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning Commission
on November 18, 1992 to consider the application for CUP No. 92-9, At the public hearing no
persons spoke in favor of or in opposition to the subject request.
Section 4. The Planning Commission approved CUP 92-9 on a 4-0-1 vote, with
Commissioner Orsini being absent. Condition No. 5 of Resolution No, 92-46, approved by the
Planning Commission, states, "The permittee shall not be permitted to receive deliveries or to
perform outdoor maintenance activities between the hours of 2:00 a.m. and 6:00 a.m. The
applicant is reminded of its obligations pursuant to Chapter 13D Municipal ~ regarding noise
control. "
Section 5. An appeal of the above described condition of the Planning Commission
was duly filed with the City by the applicant, and the City Council held a duly noticed public
hearing on February 8, 1993, At the time of the scheduled public hearing, the applicant
requested the matter be continued until February 22, 1993. The City Council honored the
applicant's request and continued the public hearing to February 22, 1993, At the February 22,
I
I
I
I
Resolution Number ~.z()7
I
1993 public hearing, City Council considered all oral and written testimony and evidence
presented at the time of the public hearing, including the staff reports,
Section 6.
The evidence submitted to the Commission and Council indicated:
1. The existing service station is located along Pacific Coast Highway, which is the
main coastal commercial corridor of Seal Beach, .
2,
The condition of approval under appeal has been imposed by the Planning
Commission on one other similar service station, where complaints were received
regarding late night noise disturbances from adjoining residential areas.
\
3. The Planning Commission determined to allow the subj~t business to retain its
existing hours of operation, but to limit fuel delivery lind facility maintenance
activities to between the hours of 6:00 a.m. to 2:00 a.m.
4. The applicant indicates that they operated on a 24-hour schedule since 1969, that
there have been no noise complaints or police-related problems, and that the
restriction would disrupt business operations during the busier time periods of the
day.
5. Pacific Coast Highway is the City's most heavily traveled street, characterized by
a mixture of residential, strip commercial, and community shopping center uses.
The existing use of the subject property as a 24-hour service station has not
resulted in substantial adverse impacts to surrounding land uses.
6.
Permitting the applicant to retain the existing hours of operation, including fuel
delivery and facility maintenance services would not constitute the conferring of
a special privilege on the applicant, as other similar land uses in recent years have
been permitted to maintain 24-hour business operations,
Section 7. Based upon the evidence, and pursuant to ~~ 28-2503 and 28-2504 of the
City's ~, the City Council hereby finds:
1 Granting the appeal and allowing' the applicant to receive fuel delivery services
and perform facility maintenance services between 2:00 a.m. and 6:00 a.m., with required noise
monitoring for a 6-month time period, would allow a use to continue to operate as it has since
1969, which has been compatible with and not detrimental to surrounding uses along the Pacific
Coast Highway commercial area and in the C-2 Zone.
2. Accordingly, the Council hereby finds that the appeal may be granted pursuant
to Sections 28-2503 and 28-2504 of the Code of the City of Seal Beach, subject to the condition
set forth in Section 8 below
SectIon 8, Based on the foregoing, the City Council hereby sustains the appeal of the
applicant regarding Condition 5 of Planning Commission Resolution No, 92-46 and deletes the
imposition of Condition No. 5 relating to restricted hours of fuel delivery and facility
maintenance services, and imposes a new Condition 5 to Planning Commission Resolution No,
92-46 to read as follows,
"5. The applicant shall perform on-site noise monitoring during
the hours of 2:00 a.m. to 6:00 a,m. on a random basis for
a l80-day time period to determine compliance with the
provisions of Chapter l3D, Code of the City of Seal
~, Applicant to provide the Department of
Development Services with a "Noise Monitoring Program",
.'
Resolution Number 4:<" 7
setting forth the monitoring program for review and
approval within 30 days.
Section 9. The time within which judicial review, if available, of this decision must
be sought is governed by Section 1094.6 of the California Code of Civil Procedure and Section
1-13 of the Code of the City of Seal Beacb, unless a shorter time is provided by other applicable
law. ~
I
PASSED, APPROVED AND ADOPTED by the City ~'>>fil of the City of Seal Beach
at ~ting ~f held on the - day of
- tl./(~ : ' 1993, by the following vote:
ABSENT:
AYES:
CounciImembe
NOES:
Councilmembers
-r!~4~ ~ ~..tA~L
MA OR '
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
}
}
}
~....,~'''\\\\\'
.:P' ~ !lEAL 8 "\\1
.: 0 ....... 1'... "I
;~4...."tI~fJ'tOIl4.:..'C". IJ
.# ,:; J ,'I- '''''. 'So (~
f"!~' \il\
~ 0 : : <~
. ._Z
~'IO~O ci:<e~
il'.~ .....~l
~. A_'. 0 ~.. . 0"
''1~''^ a. "tll ,q.e ~,#
'I'~A -. 17. ..- ~-
~ ~ c: ....... .."..::r
1,\\, OUNt'< ,c._~
\\\\\"'''~
I
S5
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is the original copy of Resolution Number on file in the office of the City
Clerk, passed, approved, and adO~ the City Cou he City of Seal Beach, at a regular
meeting thereof held on the _ day of , 1993.
I
I
I
I
PROOF OF PUBLICATION
(2015.5 C.C.P.)
_Resolution Number 4:ltJ1.,
This space for for the County Clerk's
Filing Stamp
STATE OF CALIFORNIA..,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled malter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL, a
newspaper of general circulation,
printed and published weeklv in the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24/75.
Case Number A82583; that the notice
of which the annexed is a printed
copy (set in type not smaller than
nonpareil), has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
0M\., O-l
Proof of Publication of
NOTICE OF PUBLIC HEARING
:::: (.0p:qi~: (;tP.~!)
NonCE OF
PUBLIC HEARING
NOTICE is HEREBY GIVEN IIlBltho
City Council bf Ih'.Jclly ol.S..'
Boach wIU hold ., pullUc _ng On
Monday, Fobiuory ., lsm., 7:00
p m. In Ill. CIty COllllClI Chamber.,
2111;lgh'" Str..., Soal Soach,
Cl!"lorru.... conoIdot tho following
Item: . .
all in the year 19~.
0CNilII1clrw. UBI! PEIlIirr, ,
.I_~
I~PAaFlC,CllIlST t(aIlwAV
. . . :~'", I
~
Th. _"... II ~ng__
of ~PP'oYar~~$. or-';,.Plannlng
Cammlulon Resolution No. 92-415.
Sold condillonrpiuhibllod ...1IIp.jg of
goooI~-.lOr'ajjit ..nIci:bOtwM.i tho
hours of 2:00 a.m. rind" 6:00 8m. at
tho .ubj.cU..vfc....dco1 ., '.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
FmrimnrnMhlI RIIVfaw'
TIio ~ (I calogOrlcally ...rnpl
110m CEUA lOW...
r'-"'~J1'
28.1000; 28-2503; 28-2504: Arllel.
29. 01 Ch8p1Ol' 28.
Dated at Seal Beach, California,
this -21. day of ,)O/n ,19~.
-Ll~n~~
~--.nt'
GIM 01 CoInpony
PrnnArtv 0wnIw.
Goo~ A. Poarocn
At the above lime and place an
In.relted persona mlY be heard It
.0 desired. II you challeng. the
IlfCINl88d acIIcno In court, ,ou mor
be limned to r.','ng only tho..
Is'utl you or someone .,. I1IiHd
al the pubhc hearing described in
thll "DUct.,. Dr In' wrlnen
~pcndonci dol_ litho CIty
of Seal Beach at, Dr prior to, Ihe
Public Hearing.
DATEO THIS 'Sill da, 01 JonUllly
11193
Joan.. Voo, Clly Cl8tIc
'CII, of SealS_ ~
(
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
January 21, U193.
PutiBhBd ilh SeId BelCh Journal