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HomeMy WebLinkAboutPC Res 21-06 - 2021-05-17RESOLUTION NO. 21-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT 20-4 TO TO ALLOW THE INSTALLATION OF A NEW HYDROGEN FUEL DISPENSING FACILITY AT AN EXISTING GASOLINE STATION AND CONVENIENCE STORE LOCATED AT 13980 SEAL BEACH BOULEVARD IN THE GENERAL COMMERCIAL (GC) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. The project applicant Ben Steckler of The Fiedler Group submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP 20-4) for the installation of a new hydrogen fuel dispensing facility at an existing gasoline station and convenience store in conjunction with adoption of an Initial Study/Mitigated Negative Declaration for a property located at 13980 Seal Beach Boulevard. Section 2. Proposed CUP 20-4 is considered a project pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively "CEQA"). Based on the findings of an Initial Study, a Mitigated Negative Declaration was prepared pursuant to Section 21080(c) of the Public Resources Code. Section 3. The Mitigated Negative Declaration, including the Initial Study, were circulated for public review from February 26, 2021 through March 29, 2021. Section 4. The draft Mitigated Negative Declaration with the proposed project was presented to the Environmental Quality Control Board ("EQCB") at a duly noticed public hearing held on March 24, 2021, during the public review period. The EQCB did not recommend any changes or comments to the proposed project and unanimously voted to accept and forward the Initial Study/Mitigated Negative Declaration to the Planning Commission. Section 5. Based on the findings of the Initial Study, a Mitigated Negative Declaration was prepared to analyze geology/soils, and cultural resources. Although the proposed project could have a significant effect on the environment, the City has determined that this project would not result in significant environmental impacts with the incorporation of mitigation measures to address potential air quality, cultural resources, geology and soils, hazards and hazardous materials, noise, and transportation impacts. Accordingly, the City intends to adopt a Mitigated Negative Declaration pursuant to Section 21080(c) of the Public Resources Code. Section 6. A duly noticed public hearing was held before the Planning Commission on May 17, 2021 to consider the proposed Mitigated Negative Declaration (including Initial Study and related Appendices) and the application for CUP 20-4, at which time all interested parties were given the opportunity to be heard and to present evidence. At the public -1 of 6- Resolution 21-6 13980 Seal Beach Boulevard 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 20-4 to allow the installation of a new hydrogen fueling facility at an existing gasoline station and convenience store located at 13980 Seal Beach Boulevard. B. The primary subject site is located on the Northwest corner of Seal Beach Boulevard and Westminster Avenue, and is addressed as 13980 Seal Beach Boulevard. The subject site is developed with an existing gasoline fueling station and convenience store with an attached auto service and repair station located on a .54 acre (23,215 square feet) lot. C. The Seal Beach Municipal Code (§11.2.10.010) allows automobile service stations with approval of a Conditional Use Permit. D. An Initial Study/Mitigated Negative Declaration was prepared to evaluate potential impacts of the proposed hydrogen facility. The analysis found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case due to revisions to the project that have been made or agreed to by the project proponent, thus a Mitigated Negative Declaration has been prepared. Section 7. Environmental Determination. A. The Mitigated Negative Declaration, attached hereto as Exhibit 1, has been completed in compliance with the CEQA Guidelines. The Planning Commission has independently reviewed and considered the Mitigated Negative Declaration, all of the public comments, both written and oral, about the proposed Mitigated Negative Declaration, and all of the other evidence that was presented to the Planning Commission, including the staff reports prepared for the Planning Commission, prior to taking action on the proposed project. The Planning Commission finds that the Mitigated Negative Declaration was prepared in the manner required by law and that there is no substantial evidence in the record of proceedings that the approval of the project would result in a significant adverse effect upon the environment that would require the preparation of an environmental impact report ("EIR"). The Mitigated Negative Declaration adequately discusses the environmental effects of the proposed project. On the basis of the Mitigated Negative Declaration and comments received during the public hearing process, the Planning Commission finds that the proposed project will not have any significant impacts on the environment. In addition, the Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on biological resources as defined in Section 711.2 of the California Fish and Game Code. B. For the foregoing reasons, and based on the information and findings included in the record before the Planning Commission, including the staff report, Mitigated Negative Declaration, and all public comments, all of which are hereby incorporated by reference, the 2 of 6 Resolution 21-6 13980 Seal Beach Boulevard Planning Commission hereby certifies that the Mitigated Negative Declaration has been prepared in compliance with CEQA, and adopts the Mitigated Negative Declaration, which are collectively attached hereto and incorporated herein by this reference as Exhibit "1". C. The time within which to seek review of this determination, if any, is governed by the California Environmental Quality Act or other similar shortened period of limitations. Section 8. 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 additional findings: A. The proposed use is consistent with the General Plan because the addition of a hydrogen fueling facility encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed addition of a hydrogen fuel dispensing facility provides additional services that are consistent with the existing land uses. As conditioned, the proposed use will allow for expanded services of an existing facility, which has proven to be compatible with the surrounding uses, while providing sufficient parking for all uses. B. The proposed use is allowed within the General Commercial (GC) zone subject to approval of a Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. The General Plan Land Use Map designates the subject property as a General -Commercial area. C. The proposed use is allowed within the General Commercial (GC) zone subject to approval of a Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. The subject site is located within the General Commercial (GC) zone which allows for automotive service stations with approval of a Conditional Use Permit. D. 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 subject site contains adequate parking and circulation for the proposed hydrogen facility. E. 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 proposed hydrogen facility compliments the existing automotive service station use and complies with the requirements of the General Commercial zone area and will not disrupt the existing character of the subject site or adjacent shopping center. F. The establishment, maintenance, and operation of the proposed hydrogen facility will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed hydrogen facility will require a minimal period of construction to install the dispensing pumps and related equipment and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. The 3 of 6 Resolution 21-6 13980 Seal Beach Boulevard subject site has operated as a gasoline and automotive service station for many years and would not cause significant impacts to the surrounding area. Section 9. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 20-4 to allow the installation of a new hydrogen fuel dispensing facility at an existing gasoline and convenience store located at 13980 Seal Beach Boulevard, subject to the following conditions: 1. Conditional Use Permit 20-4 is approved for the installation of a hydrogen fuel dispensing facility at 13980 Seal Beach Boulevard. 2. This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. 3. 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 in the mode or character of operations of the establishment. 4. In addition to all other conditions of this Conditional Use Permit, the Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to the Code of the City of Seal Beach. 5. This Conditional Use Permit shall become null and void unless exercised within one (1) 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 Department of Community Development a minimum of ninety (90) days prior to such expiration date. 6 Conditional Use Permit 20-4 shall be automatically terminated if the operation of a hydrogen fuel dispensing station is no longer in operation or no longer needed. 7. The proposed facility shall comply with Chapter 7.15, "Noise," of the Code of the City of Seal Beach or as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for modification and/or revocation, and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 8. The applicant is required to obtain all required Building and safety permits prior to tenant improvements, construction or demolition. 9. The applicant shall submit exterior materials and colors for Community Development Director review and approval prior to building permit issuance. 4of6 Resolution 21-6 13980 Seal Beach Boulevard 10. Minor aesthetic modifications regarding exterior finishes, colors and materials subject to review and approval of the Community Development Director. 11. The applicant shall be responsible for the construction, reconstruction or replacement of any missing or damaged public improvement, including street trees. 12. The applicant shall replace or repair damaged asphalt or concrete drive areas on- site. 13. The applicant shall reduce the width of the westernmost driveway approach on Westminster Avenue to no greater than 25'-0". 14. The applicant shall provide a painted yellow stripe of not less than 3" in width along a portion of the south property line between the two driveway approach entrances/exits located on Westminster Avenue to demarcate the separation between private property and the public right of way. 15. The applicant shall provide pavement markings/lettering west of the two hydrogen fuel pumps clearly identifying the westernmost limit for parking of fueling vehicles in order to prevent circulation obstruction of the westerly north/south drive isle. Design shall be approved by the Community Development Director and Public Work Director. 16. A qualified archaeologist and Native American monitor shall be provided for the project and be present during any project grading or ground disturbing activities. Tribal monitoring to be conducted by the most prominent ancestral tribe. All monitoring activity shall be conducted consistent with the project CEQA Initial Study and any mitigation measures identified in the Mitigated Negative Declaration. 17. The hydrogen fueling station shall have operational hours consistent with the existing convenience store and gasoline fueling facilities on-site, which is currently from 6:00 a.m. to 10:00 p.m., 7 days a week. 18. 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 before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 19. 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. 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. 5 of 6 Resolution 21-6 13980 Seal Beach Boulevard 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 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. Section 10. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal Beach, CA 90740. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on May 17, 2021, by the following vote: AYES. Commissioners MILLER, CAMPBELL, KLINGER, THOMAS, WINKLER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ... ";p Steve Mille Chairperson ATTES Ws Johnson Planning Commission Secretary 6 of 6