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Home My WebLink AboutPC Res 22-07- 2022-05-02 RESOLUTION NO. 22-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 22-3 TO ALLOW THE CONSTRUCTION OF A 3,096 SQUARE FOOT DRIVE-UP CANOPY STRUCTURE IN ASSOCIATION WITH AN ABUTTING COMMERCIAL RETAIL USE WITHIN THE PARKING LOT OF THE OLD RANCH TOWNE CENTER LOCATED AT 12300 SEAL BEACH BOULEVARD IN THE GENERAL COMMERCIAL (GC) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 . Amelia Beltran ("applicant") on behalf of the Target Corporation ("property owner"), filed an application to the City of Seal Beach for Conditional Use Permit (MUP) 22-3 to allow the construction of a 3,096 square foot drive-up canopy structure in association with an abutting commercial retail use within the parking lot of the Old Ranch Towne Center, at 12300 Seal Beach Boulevard (the "subject property"), which is located in the General Commercial (GC) Zone. Section 2. This project is determined to be a Class 1 (Existing Construction) Categorical Exemption pursuant to Section 15301(e) 2 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction of a drive-up canopy structure that will not result in an increase of more than 10,000 square feet, at a location where all public services are available and is not in an environmentally sensitive area. Section 3. A duly noticed public hearing was held before the Planning Commission on May 2, 2022 to consider Conditional Use Permit 22-3. 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 filed an application to the Community Development Department for Conditional Use Permit 22-3 to allow the construction of a 3,096 square foot drive-up canopy structure in association with an abutting commercial retail use within the parking lot of the Old Ranch Towne Center located at 12300 Seal Beach Boulevard, Seal Beach, California. B. The subject property is within the Old Ranch Towne Center located on the east side of Seal Beach Boulevard between Town Center Drive and Plymouth Drive in the General Commercial (GC) zone. The center is comprised of 8 parcels with both stand-alone commercial buildings and inline multi-tenant buildings totaling 1,135,252 square-feet (26.06 acres) with approximately 286,967 square feet of mixed retail and restaurant uses. The applicant's parcel is located on the north portion of property and is generally surrounded by residential uses to the north and east, with commercial uses to the west and south. Page 1 Resolution 22-07 12300 Seal Beach Boulevard C. The application includes a proposal to install 24 drive up stalls with a 3,096 square foot canopy shade structure covering 12 of the stalls. The proposed on-site improvements include a crosswalk, pedestrian ramp, stop markings and signs, and walkway cut throughs in the landscape planters. 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 exterior alterations are consistent with the General Plan. The General Plan specifies that the General Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the drive-up stalls and canopy shade structure, the site can expand its services and attract a wider range of customers. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The Zoning Code allows for outdoor areas in General Commercial (GC) zones with approval of a Conditional Use Permit. The shopping center is in compliance with all other applicable provisions of the Municipal Code. 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 for the canopy shade structure as the shopping center is compliant with the Municipal Code which requires all uses to provide parking for its uses. 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 and conditions have been imposed to ensure the use will not be detrimental to the surrounding area. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. This CUP for the proposed construction and use includes sufficient conditions 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 use of the property will be consistent with the surrounding uses in the area. Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 22-3 for the construction of a 3,096 square foot drive-up canopy structure in association with an abutting commercial retail use within the parking lot of the Old Ranch Towne Center, located at 12300 Seal Beach Boulevard, in the General Commercial (GC) zoning area, subject to the following conditions: 1. Conditional Use Permit 22-3 is approved to allow the construction of a 3,096 square foot drive-up canopy structure in association with an abutting commercial Page 2 Resolution 22-07 12300 Seal Beach Boulevard retail use within the parking lot of the Old Ranch Towne Center, located at 12300 Seal Beach Boulevard. 2. The premises of the commercial building and corresponding parking lot must be in substantial compliance with the site plan submitted with the application and maintained on file with the Community Development Department dated February 23, 2022. 3. All proposed alterations or upgrades to the subject building, including without limitation, construction of interior tenant improvements, will require review and approval from the City of Seal Beach Planning Division. Other City approvals may be required depending on the extent of the proposed alterations and upgrades. 4. Failure to comply with any of these conditions or a substantial change in the mode or character of the business shall be grounds for revoking or modifying this CUP approval. 5. 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 Community Development Department; and until the ten (10) calendar day appeal period has elapsed. 6. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 7. The Planning Commission reserves the right to revoke or modify this CUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 8. 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. 9. 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 a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 10. 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 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, Page 3 Resolution 22-07 12300 Seal Beach Boulevard 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 May 2, 2022, by the following vote: AYES: Commissioners MILLER, THOMAS, CAMPBELL, MASSETTI, KLINGER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 11 Steve Miller Chairperson ATTEST: Alexa Smite Planning Commission Secretary Page 4