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HomeMy WebLinkAboutPC Res 20-09 - 2020-08-03RESOLUTION NO. 20-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 20-2 TO ALLOW THE OPERATION OF A 24-HOUR AUTOMATED TELLER MACHINE (ATM) WITHIN A COMMERCIAL CENTER WITHIN THE GENERAL COMMERCIAL (GC) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Scott Levitt on behalf of Maverick Decatur Georgia, LLC ("applicant") submitted an application to the City of Seal Beach Community Development Department for Minor Use Permit (MUP) 20-2 to allow the operation of a 24-hour Automated Teller Machine (ATM) within an existing commercial shopping center, at 800 Pacific Coast Highway (the "subject property"), which is located in the General Commercial (GC) Zone. 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 existing structures, involving negligible or no expansion of use. Section 3. A duly noticed public meeting was held before the Planning Commission on August 3, 2020 to consider Minor Use Permit 20-2. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 20-2 for the operation of a 24-hour Automated Teller Machine (ATM) within an existing commercial center at 800 Pacific Coast Highway, Seal Beach, California. B. The subject property is located on the south east corner of Pacific Coast Highway and 8th Street. The site consists of a single parcel totaling 11,454 square -feet with an approximately 4,326 square foot commercial building providing retail and medical office uses in the General Commercial (GC) zone. The subject property is surrounded by commercial uses to the north, east and west, with residential uses to the south. C. The Seal Beach Municipal Code (SBMC § 11.4.05.030) allows for the operation of Automated Teller Machines on the exterior of a structure with the approval of a Minor Use Permit. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Section 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed Automated Teller Machine (ATM) located within a commercial center is consistent with the General Plan. The General Plan specifies that the General Commercial Land Uses encourages commercial centers to provide a broad range of retail and service needs for the community. The addition of Automated Teller Machines within Resolution 20-9 800 Pacific Coast Highway the commercial center expands the services offered to the community and attracts a wider range of residents and customers. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the - General Commercial zone, an area where the Seal Beach Municipal Code (Section 11.4.05.030) allows for the operation of Automated Teller Machines on the exterior of a structure, with approval of a Minor Use Permit. C. The subject site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The site contains adequate parking to continue to meet the needs of the commercial center. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect those uses or properties in the surrounding areas. The existing building complies with the height, setback and parking requirements of the General Commercial zoning area. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health safety, or welfare of persons residing and working in the vicinity. The ATM machine will be located in a visible location within a commercial center, which is appropriate for the use. Additional conditions have been imposed to enhance lighting and security within the center to ensure the use will not be detrimental to the surrounding area. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 20-2 to allow the operation of a 24-hour Automated Teller Machine within a commercial center, located at 800 Pacific Coast Highway, in the General Commercial (GC) zoning area, subject to the following conditions: 1. Minor Use Permit 20-2 is approved to permit an Automated Teller Machine within a commercial center located at 800 Pacific Coast Highway. 2. A security plan, detailing security features and systems located on the premises, such as but not limited to bollards in front of the entrance as well as exterior lighting plans, shall be submitted to the City of Seal Beach Planning Division and Police Department for review and approval prior to issuance of Building Permit. 3. A wide-angle mirror, allowing patrons to see behind them while using the ATM, shall be affixed to the front of the ATM. 4. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. 2 Resolution 20-9 800 Pacific Coast Highway 5. A minimum of two surveillance cameras that provides a clear view of the area in and around the ATM/parking lot area shall be affixed on the premises. 6. A modification of this Minor Use Permit shall be obtained when: a. The establishment proposes to modify any Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 7. All plan checks and construction shall be in substantial compliance with the plans approved through Minor Use Permit 20-2. All new construction shall comply with all applicable state and local codes. 8. The applicant is required to obtain all Building and Safety permits prior to tenant improvements, construction or demolition. 9. All construction and modifications to the exterior of the structure pertaining to the installation of an ATM shall be completed in a manner consistent with the architectural design of the structure. 10. Each exterior ATM shall be provided with a receptacle sufficient in size and design to safely accommodate daily trash discarded by users of the ATM. 11. 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. 12. Failure to comply with any of these conditions or a substantial change in the mode or character of the use shall be grounds for revoking or modifying this MUP approval. 13. Any proposed alterations or upgrades to the business will require review and approval from the City of Seal Beach Planning Division. 14. The Planning Commission reserves the right to revoke or modify this MUP if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs. 15. This MUP 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. 16. 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. 3 Resolution 20-9 800 Pacific Coast Highway 17. This MUP 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 a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 18. 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 August 3, 2020, by the following vote: AYES: Commissioners �,K p/SE«- rL,, e7L1 , Wi,uK1 ex-, In,il-e7z. NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTES If(nson " ng Commission Secretary Marian Klinger Chairperson El