HomeMy WebLinkAboutPC Res 23-08 - 2023-09-05RESOLUTION NO. 23-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH CONDITIONALLY APPROVING
NEGATIVE DECLARATION AND APPROVING
CONDITIONAL USE PERMIT 19-7 AND VARIANCE 22-1 TO
ALLOW THE RECONSTRUCTION OF AN AUTOMOBILE
SERVICE STATION WITH A CONVENIENCE STORE AT THE
COMBINED PROPERTIES OF 1300 E. PACIFIC COAST
HIGHWAY AND 328 13TH STREET IN THE GENERAL
COMMERCIAL (GC) ZONE WITH VARIANCE FROM THE
STANDARDS OF SECTION 11.4.05.035.13(STANDARDS FOR
SPECIFIC USES —AUTOMOBILE SERVICE STATIONS); AND
RECOMMENDING THAT THE CITY COUNCIL ADOPT A
NEGATIVE DECLARATION, AND APPROVE GENERAL
PLAN AMENDMENT 19-1 TO CHANGE THE LAND USE
CATEGORY OF 328 13TH STREET FROM RESIDENTIAL
HIGH-DENSITY TO GENERAL COMMERCIAL AND ZONE
CHANGE 19-1 TO CHANGE THE ZONE OF 32813TH STREET
FROM RESIDENTIAL HIGH DENSITY (RHD -20) TO GC AND
TO CHANGE THE ZONE OF 324 13TH STREET FROM RHD -
20 TO RHD -33.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. The project applicant, Travis Companies, Inc. on behalf of the property
owner, G&M Oil Company, Inc., submitted an application to the City of Seal Beach Department
of Community Development for approval of Conditional Use Permit (CUP 19-7) for the
reconstruction of an Automobile Service Station with a Convenience Store, Variance (VAR
22-1) for the variance from standards of Section 11.4.05.035.13(Standards for Specific Uses
— Automobile Service Station), General Plan Amendment (GPA 19-1) to change the land
use category of 328 13th Street from residential high-density to general commercial, and
Zone Change (ZC 19-1) to change the zone of 328 13th Street from residential high density
(RHD -20) to General Commercial (GC) and to change the zone of 32413th Street from RHD -
20 to RHD -33, in conjunction with the adoption of an Initial Study/Negative Declaration for
the development of properties located at 1300 E. Pacific Coast Highway and 32813th Street.
Section 2. Proposed CUP 19-7, VAR 22-1, GPA 19-1 and ZC 19-1 are 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 Negative Declaration was prepared pursuant to Section 21080(c) of the
Public Resources Code.
Section 3. The Negative Declaration, including the Initial Study, was circulated for
public review from September 15, 2022 through October 17, 2022.
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Section 4. The draft Negative Declaration with the proposed project was presented
to the Environmental Quality Control Board ("EQCB") at a duly noticed public hearing held
on October 11, 2022, during the public review period. The EQCB and the public provided
comments with concerns regarding the CEQA process, hazardous materials, traffic, noise,
light and glare, water quality, the mini -market, cultural resources, underground tank
remediation, and public services. A response to comments document was prepared
addressing the concerns of each issue and reaffirming the Negative Declaration.
Section 5. Based on the findings of the Initial Study, a Negative Declaration was
prepared. The City has determined that this project would not result in significant environmental
impacts. Accordingly, the City intends to adopt a 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 15, 2022 to consider the proposed Negative Declaration (including Initial Study and
related Appendices) and the applications for CUP 19-7, VAR 22-1, GPA 19-1 and ZC 19-1,
at which time all interested parties were given the opportunity to be heard and to present
evidence. 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 primary subject site consists of two properties located on the
southeast corner of Pacific Coast Highway and 13th Street, and are addressed as 1300 E.
Pacific Coast Highway and 328 13th Street. The northern property is developed with an
existing gasoline service station with five gas pumps (10 stations) and a kiosk on a 10,027
square foot lot. The southern property is developed as a parking lot with seven spaces on a
3,750 square foot lot. The two properties will be conditioned to be combined into one
property.
B. Section 11.2.10.010 (Commercial and Mixed -Use Districts — Land Use
Regulations) of the Seal Beach Municipal Code allows the reconstruction of automobile
service stations with approval of a Conditional Use Permit in the GC Zone.
C. A General Plan amendment is required to change the land use category
from residential high-density to general commercial for the property at 328 13th Street, in
order for that property to be included as part of the primary subject site.
D. A Zone Change from RHD -20 to GC is required for the property at 328
13th Street to be included as part of the primary subject site for the proposed gas
station/convenience store use.
E. SB 330, also known as the Housing Crisis Act of 2019, prohibits
legislative actions that modify zones or zone standards that would effectively reduce the
capacity to develop residential units that were previously allowed. Proposed GPA 19-1, to
change the land use designation category of 328 13th Street from residential high-density
to general commercial, and proposed ZC 19-1 to change the zoning of the property at 328
328 13th Street from RHD -20 to GC, would result in the elimination of one potential dwelling
unit. In order for the City to avoid overall reduction of residential capacity as a result of the
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proposed General Plan Amendment and rezoning, the applicant has proposed that the next
abutting property to the south, located at 324 13th Street, which is also owned by the
applicant, be upzoned from RHD -20 to RHD -33. This rezoning would effectively allow one
more residential unit to be built by -right at 324 13th Street to replace the lost ability to build
one residential unit at 328 13th Street as a result of the rezoning of 328 13th Street to GC, as
required by SB 330.
F. A Variance is required for the proposed project to meet the following
standards of Section 11.4.05.035.13 (Standards for Specific Uses — Automobile Service
Station Development and Operational Standards) of the Seal Beach Municipal Code:
1. Reduction of the minimum required site area from 22,500 SF to 13,777
SF.
2. Reduction of the minimum required street frontage from 150 feet to 100
feet.
3. Reduction of the minimum required rear setback from a residential
property from 30 feet to 10 feet.
4. Reduction of the minimum distance between curb cuts from 30 feet to
14 feet.
5. Expansion of the maximum driveway width from 25 feet to 45 feet.
6. Reduction of the pump island setback from a nonresidential property
line from 20 feet to 19 feet.
G. An Initial Study/Negative Declaration was prepared to evaluate
potential impacts of the project. The analysis found that the proposed project would not have
a significant effect on the environment.
Section 7. Environmental Determination and Recommendations. The Planning
Commission hereby finds, with respect to CUP 19-7, VAR 22-1, GPA 19-1 and ZC 19-1.
A. The Negative Declaration has been completed in compliance with the
California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code Section 21000 et seq.),
and the State CEQA Guidelines (the "Guidelines"). The Planning Commission has
independently reviewed and considered the Negative Declaration, all of the public
comments in response to the proposed 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 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 Negative Declaration
adequately discusses the environmental effects of the proposed project. On the basis of the
Negative Declaration and comments received during the public hearing process, the
Planning Commission finds that the proposed project will not have 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.
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B. For the foregoing reasons, and based on the information and findings
included in the record before the Planning Commission, including the staff report, Negative
Declaration, and all public comments, all of which are hereby incorporated by reference, the
Planning Commission hereby certifies that the Negative Declaration has been prepared in
compliance with CEQA. With respect to CUP 19-7 and VAR 22-1, the Planning Commission
hereby approves the Negative Declaration. With respect to GPA 19-1 and ZC 19-1, the
Planning Commission recommends that the City Council approve the Negative Declaration.
Section 8. Conditional Use Permit Findings. Based upon the facts contained in the
record, including those stated in the preceding Sections of this Resolution and pursuant to
Section 11.5.20.020.A of the Code of the City of Seal Beach, the Planning Commission
makes the following findings with respect to Conditional Use Permit 19-7:
A. Subject to the approval of the General Plan Amendment and rezoning,
the proposed use is consistent with the General Plan because the project site is located
within the General Commercial land use category, which the Land Use Element states is
intended as primarily a highway -oriented commercial use for automobile service stations,
automobile sales, automobile repair, motel and hotels, restaurants, and other related uses.
B. The proposed gas station with a convenience store is allowed within the
GC zone subject to approval of a Conditional Use Permit, and with approval of Variance
22-1 it complies with all other applicable provisions of the Municipal Code.
C. The 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 existing gas station has been successfully operating on-site since 1955. The proposed
reconstruction of the gas station would involve increasing the project site from 10,027 square
feet to 13,777 square feet and reducing the number gas pumps from five to three, reducing
the intensity of the use.
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 neighborhood. The subject site is located on the
Pacific Coast Highway, on a corridor designated for automobile related uses. The use of the
property will remain the same, so the character of the surrounding neighborhood will not
change. A residential neighborhood is located to the south. Potential impacts such as noise
and lighting have been studied and those impacts are within the acceptable range for
residential neighborhoods.
E. The establishment, maintenance, and operation of the proposed
reconstruction of an automobile service station will not be detrimental to the health, safety,
or welfare of persons residing or working in the vicinity. An initial study was conducted to
exam potential impacts to the surrounding area. The technical studies have led to the
conclusion that potential impacts would be less than significant.
Section 9. Variance Findings. Based upon the facts contained in the record,
including those stated in the preceding Sections of this Resolution and pursuant to Section
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11.5.20.020.B of the Code of the City of Seal Beach, the Planning Commission makes the
following findings with respect to Variance 22-1:
A. Subject to the approval of the General Plan Amendment and rezoning,
the Variance conforms in all significant respects with the General Plan and with any
ordinances adopted by the City Council. The General Plan designates the Pacific Coast
Highway as a commercial corridor for automobile related uses, including gasoline service
stations.
B. Because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of the Zoning Code
deprives such property of privileges enjoyed by other property in the vicinity and under
identical zoning district classification. The gas station was established on this property in
1955 and has been operating there for 68 years. Senate Bill 445 is requiring that the
underground single wall storage tanks be dug up and replaced by the year 2025. As
considerable amount of demolition is already being required onsite by the State, the owner
is using this an opportunity to modernize the project site during this process.
C. The variance does not constitute a grant of special privileges
inconsistent with limitation upon other properties in the vicinity and zone district in which
such property is situated. The Project Site is located in the Old Town District where
properties are characteristically smaller and many of the uses, both commercial and
residential, are nonconforming with requirements of the current Zoning Code. The
reconstruction of the gas station will be a continuation of the use that has existed on site
since 1955.
D. Authorization of the variance substantially meets the intent and purpose
of the zoning district in which the property is located and will not be detrimental to the health,
safety, and welfare of persons living or working in the neighborhood or to the general welfare
of the city. The intent and purpose of the GC zoning district along the Pacific Coast Highway
is to provide automobile related commercial services. The gas station with convenience
store is in character with the development along this corridor.
Section 10. General Plan Amendment 19-1 Recommendation. Based upon the
facts contained in the record, including those stated in the preceding Sections of this
Resolution, the Planning Commission hereby recommends that the City Council find and
determine that GPA 19-1 should be adopted for the following reasons:
A. The proposed General Plan Amendment of 328 13th Street from high
density -residential to general commercial is consistent with the goals and policies of the
general plan. The property will be combined with 1300 E. Pacific Coast Highway, which will
exist as a property with the General Commercial Land Category that will be consistent with
other properties located along the Pacific Coast Highway.
Section 11. Zone Change 19-1 Recommendations. Based upon the facts contained
in the record, including those stated in the preceding Sections of this Resolution, the
Planning Commission hereby recommends that the City Council adopt an ordinance
approving Zone Change 19-1 for the following reasons:
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A. The proposed zone change of 328 13th Street from RHD -20 to GC is
consistent with the goals and policies of the general plan. The property will be combined
with 1300 E. Pacific Coast Highway, which will exist as a GC zoned property, which will be
consistent with other properties located along the Pacific Coast Highway.
B. The proposed zone change of 13th Street from RHD -20 to RHD -33 is
consistent with the goals and policies of the General Plan. The underlying land use category
of the General Plan for this property is residential high-density, which is not being proposed
to change. The RHD -33 will be a less intense zone than the GC zone to its north and will be
a more intense zone than the RHD -20 zone to its south, therefore, its zoning serves as a
consistent transition between the surrounding zones.
C. Rezoning of 13th Street from RHD -20 to RHD -33 is consistent with SB
330, as enacted by the Housing Crisis Act of 2019, which prohibits legislative actions that
modify zones or zone standards that would effectively reduce the capacity to develop
residential units that were previously allowed. By rezoning 328 13th Street from RHD -20 to
GC, no overall reduction of residential capacity will occur because this rezoning would
effectively allow one more residential unit to be built by -right at 324 13th Street to replace the
lost ability to build one residential unit at 328 13th Street as a result of the rezoning of 328
13th Street to GC.
Section 12. Based upon the foregoing, the Planning Commission hereby
conditionally approves Conditional Use Permit 19-7 and Variance 22-1 to allow the
reconstruction of an automobile service station and convenience store located at 1300 E.
Pacific Coast Highway and 328 13th Street, subject to the following conditions:
1. This Resolution, and the approvals set forth herein, shall not become effective unless
and until the City Council approves the Negative Declaration and approves General
Plan Amendment 19-1 and Zone Change 19-1, and until the properties at 1300 E.
Pacific Coast Highway and 328 13th Street have been combined into one property
through a parcel merger.
2. Subject to compliance with all conditions of this Resolution, Conditional Use Permit
19-7 and Variance 22-1 are approved for the reconstruction of a gas station with a
convenience store at 1300 E. Pacific Coast Highway and 328 13th Street.
3. 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.
4. 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.
5. 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.
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6. This Conditional Use Permit shall become null and void unless exercised within one
(1) year of the date of final approval of all applications involved including the zone
change, plan amendment, property combination, and any required Coastal
Commission approvals, 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.
7. Conditional Use Permit 19-7 shall be automatically terminated if the operation of a
gas station is no longer in operation for a period of 12 continuous months or if a
conditional use permit is no longer needed to continue the use.
8. The minimum required site area for an automobile service station on this site is
reduced from 22,500 SF to 13,777 SF.
9. The minimum required street frontage is reduced from 150 feet to 100 feet.
10. The minimum required rear setback to a residential district is reduced from 30 feet to
10 feet.
11. The minimum distance between curb cuts is reduced from 30 feet to 14 feet.
12. The maximum driveway width is expanded from 25 feet to 45 feet.
13. The pump island setback from a nonresidential property line is reduced from 20 feet
to 19 feet.
14. 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.
15. The applicant is required to obtain all required Building and safety permits prior to
tenant improvements, construction or demolition.
16. The applicant shall retain a Native American Monitor from or approved by the
Gabrieleno Band of Mission Indians — Kizh Nation. The monitor shall be retained prior
to the commencement of any "ground -disturbing activity", which shall include, but is
not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree
removal, boring, grading, excavation, drilling, and trenching.
17. The hours of operation of the convenience store shall be limited to the hours between
6:00 a.m. to 12:00 a.m. This may only be modified through the submission of a CUP
application for extended business hours.
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18. No right turn signage must be posted on the 13th Street driveway exit to the
satisfaction of the City of Seal Beach.
19. The 13th Street driveway shall be closed at all times, except for the use by fuel delivery
trucks, unless written evidence is provided by the applicant demonstrating to the
satisfaction of the planning director that the 13th Street driveway must be open as
required by another public agency.
20. Failure to comply with any of these conditions or a substantial change in the mode or
character of the gas station and convenience store 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 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 13. Based upon the foregoing, the Planning Commission recommends that
the City Council take the following actions:
A. Hold a public hearing to consider General Plan Amendment 19-1 and Zone
Change 19-1.
B. Review, consider, and adopt the Negative Declaration, certify its completion
and determine that the project will not have an adverse impact upon the environment.
C. Find the recommended zoning changes and General Plan land use category
amendment are consistent with the goals and policies of the General Plan with adoption of
Zone Change 19-1 and General Plan Amendment 19-1.
D. Adopt a resolution approving General Plan Amendment 19-1.
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E. Adopt first reading of an ordinance approving Zone Change 19-1.
Section 14. The Planning Commission broke the entitlements into two separate
votes; first vote for the Zoning Code and General Plan Amendment, second vote for the
Conditional Use Permit and Variance, both passed with dissimilar votes from the
Commissioners. The Planning Commission added the inclusion of Condition 19 for the 13th
Street driveway to be closed at all times, except for use by fuel delivery trucks.
Section 15. 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 September 5, 2023, by the following vote:
Zoning Code and General Plan Amendment
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
MINGIONE. MASSETTL WHEELER
CAMPBELL, COLES
Conditional Use Permit and Variance
AYES: Commissioners CAMPBELL, COLES, MINGIONE, MASSETTI, WHEELER
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Patty Ca&pell
Chairperson
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Alexa Smittle
Planning Commission Secretary
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