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HomeMy WebLinkAboutPC Res 07-52 - 2007-09-05 RESOLUTION NUMBER 07-52 O,f>/CJ- /114< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 07-4 ALLOWING THE INSTALLATION A 51-FOOT HIGH, ENCLOSED EQUIPMENT STRUCTURE FOR GRAIN SILOS IN CONJUNCTION WITH A DRY PASTA MANUFACTURING BUSINESS AT 1790 APOLLO COURT, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 1, 2007 Dadvar Group Corporation submitted an application to the City of Seal Beach Department of Development Services for Variance 07-4. Section 2. The requested variance is to allow for the installation of grain silos for foodstuffs in an existing structure to facilitate the manufacturing of dry pasta. The silos will be located within an enclosed structure that will have an overall height of approximately 51' -0"; the maximum allowable height of structures within the Boeing Specific Plan Area is 40'-0", with an additional 7 feet in height allowed for "architectural features" pursuant to Table 5.2 of the Boeing Integrated Defense Systems Specific Plan. Section 3. Pursuant to 14 California Code of Regulations S15305 and ~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Variance 07-4 for a 51 '-0" high equipment screen structure is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to S 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of20% slope or a change in land use or density. Section 4. A duly noticed public hearing was held before the Planning Commission on September 5, 2007, to consider the application for Variance 07-4. The Planning Commission considered all evidence presented, both written and oral regarding the subject application. Z \My Documents\RESO\Vanance 07-4 1790 Apollo Court PC Reso doc\LW\09-05-07 Planmng Commission ResolutIOn 07-52 V or/once 07-4, 1790 Apollo Court September 5,2007 Section 5. the following: The record of the hearing of September 5, 2007 indicates a. On August I, 2007 Dadvar Group Corporation submitted an application to the City of Seal Beach Department of Development Services for Variance 07-4. b. The requested variance is to allow for the installation of grain silos for foodstuffs in an existing structure to facilitate the manufacturing of dry pasta. The silos will be located within an enclosed structure that will have an overall height of approximately 51' -0"; the maximum allowable height of structures within the Boeing Specific Plan Area is 40'-0", with an additional 7 feet in height allowed for "architectural features" pursuant to Table 5.2 of the Boeing Integrated Defense Systems Specific Plan. c. The proposed equipment screen structure is indicated to be 32'-0" x 47'-0" in overall size, and would extend an additional 16 feet above the current height of the existing manufacturing building, and is proposed to be located at the southeast comer of the subject structure. d. The subject property is located in the Pacific Gateway Business Park, which has recently been completed. The subject building is located on Apollo Court at the east edge of the development, adjacent to the existing Boeing Integrated Defense Systems campus facilities. The site is 3.17 acres in size (137,949 square feet) and has approximately 391 feet of frontage on Apollo Drive and is approximately 352 feet in depth. e. The subject property contains an existing 64,061 square foot light industrial structure that includes approximately 5,547 square feet of office area and 52,967 square feet of warehouse/production areas on the ground floor. There is also an additional 5,547 square foot office area on the second floor, immediately above the ground floor office area. Parking is provided for 134 vehicles. On the southern side of the structure is a 5-bay truck well loading area. The existing structure is 36 feet tall, with the front office area being 40 feet tall. f. The residential properties nearest to the subject property are located approximately 470 feet to the north in Leisure World and approximately 900 feet to the west in Island Village. The proposed equipment screen structure location is at the southeast corner of the building, approximately 1,400 feet from the easterly property line of Island Village and screened by 3 intervening buildings, and is approximately 750 feet and screened from Leisure World by tlle buildings located along Westminster Avenue and the subject building. g. The surrounding land uses and zoning are as follows: o NORTH - Leisure World retirement community in the High Density Residential - Planned Development (RHD-PD) Zone is located across Westminster Avenue, approximately 470 feet from the subject property. Vanance 07-41790 Apollo Court PC Reso 2 Planning Commission ResolutIOn 07-52 Variance 07-4, 1790 Apollo Court September 5, 2007 o NORTH, WEST and SOUTH - adjacent light industrial buildings constructed as part of the Pacific Gateway Business Park development in compliance with the approved Boeing Integrated Defense Systems Specific Plan. The Island Village residential community is located westerly of the Pacific Gateway Business Park, approximately 1,400 feet to the west of the subject property. o EAST - The existing Boeing Integrated Defense Systems campus facilities. h. The following applications have previously been approved for the Pacific Gateway Business Park development: o Boeing Specific Plan Project Environmental Impact Report; o General Plan Amendment 03-2; o Boeing Integrated Defense Systems Specific Plan; o Boeing Integrated Defense Systems Specific Plan - Precise Plan 03-1; o Boeing Integrated Defense Systems Specific Plan - Vesting Tract Map No. 16375; o General Plan Amendment 05-2; and o Site Plan Review 06-1 and Conditional Use Permit 06-8, 1709 Apollo Court - Plastic Industries, Inc. (Applicant determined not to proceed with project). Section 6. Based upon the facts contained in the record, including those stated in S5 of this resolution and pursuant to S28-2503 and S28-2504 of the Seal Beach Municipal Code, the Plarming Commission makes the following findings: a. Variance 07-4 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a light industrial use designation for the subject property and the Boeing Specific Plan. The proposed use of the property is in conformity with the provisions of the Boeing Integrated Defense Systems Specific Plan and the requested variance encompasses an area of approximately 1,504 square feet, or 2.5% of the total building roofed area. Further, the proposed equipment screen structure is 4 feet taller than the height permitted for an "architectural feature", which is 47 feet. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. Special circumstances applicable to the property deprive the property owner from enjoying the same privileges enjoyed by other property owners within the same vicinity and zone in that the necessary silos for flour storage are prefabricated units that are 50 feet tall. It is not possible to have these prefabricated units constructed in a different format to comply with the height limitations imposed by the Specific Plan. The requested variance encompasses an area of approximately 1,504 square feet, or 2.5% of the total building roofed area. Further, the proposed equipment screen structure is 4 feet taller than the height permitted for an "architectural feature", which is 47 feet. The variance is necessary for the equipment screen structure to be constructed at a height to ensure that the silos are adequately screened from view in a style that is compatible with the existing building elevation treatInents. Variance 07-4 1790 Apollo Court PC Reso 3 Plannmg CommiSSIOn ResolutIOn 07-52 Variance 07-4,1790 Apollo Court September 5, 2007 c. The granting of such variance will not constitute a grant of special privileges. The proposed equipment screen structure, as proposed to be conditioned, is compatible with the character of the adjacent development, which is the Pacific Gateway Business Park and the Boeing Integrated Defense Systems campus facilities. Adherence to conditions of approval placed on the use by the City of Seal Beach will mitigate any negative impacts to neighboring properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Variance 07-4, subject to the following conditions: 1. Variance 07-4 is approved for the installation of an equipment screen structure and necessary equipment for the business operations of the proposed building tenant, Dadvar Group Corporation, in accordance with the plans submitted for Variance 07-4. 2. The equipment screen structure location and exterior design are approved in accordance with the approved plans subject to compliance with the following conditions: a. The equipment screen structure shall be of construction with a finish painted to match the color of the building. b. The silos shall not extend above the height of equipment screen structure. c. The equipment screen structure, silos, and related utility equipment shall be continuously maintained to ensure compatibility with the adjacent structures to the satisfaction of the Director of Development Services. 3. The business operator shall conform with any and all applicable requirements/permit conditions of the South Coast Air Quality Management District, the Santa Ana Regional Water Quality Control Board, the Orange County Fire Authority, or such other relevant governmental agency, and in addition to the provisions of Title 9: Public Property, Public Works and BUllding Regulations; Chapter 9.20:Storm Water Management; Chapter 9.25: Fats, Oil and Grease Management and Discharge Control; Chapter 9.30: Sewerage; and Chapter 9.35: Water, of the Seal Beach Municipal Code as the regulations of these Chapters now exist or may hereafter be amended. 4. A modification of this Site Plan Review shall be obtained when: a. There is a substantial change in the type, size, height or bulk of any necessary silos or the equipment screen structure. b. The establishment proposes to modify any conditions of approval. 5. There shall be no deliveries of material to the silos between the hours of9:00 PM and 6:00 AM daily. 6. The establishment shall comply with Chapter 7.15: Noise Control, of the Seal Beach Municipal Code as the regulations of that Chapter now exist or may VarIance 07-4 1790 Apollo Court PC Reso 4 Plannmg Comm;sslOn ResolutIOn 07-52 Variance 07-4,1790 Apollo Court September 5, 2007 hereafter be amended. Should complaints be received regarding noise generated by the establishment, tl1e Planning Commission reserves tl1e 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. 7. The Planning Commission reserves tl1e right to revoke or modify this Variance if any violation of tl1e approved conditions occurs, any violation of the Seal Beach Municipal Code occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Seal Beach Municipal Code. 8. This Variance shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by tl1e Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 9. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in tl1e presence of the Director of Development Services, or notarized and returned to tl1e Planning Department; and until tl1e 10 day appeal period has elapsed. 10. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "tl1e 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 deatl1 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of September , 2007, by the following vote: Vanance 07-4 1790 Apollo Court PC Reso 5 Planmng CommissIOn ResolutIOn 07-52 Variance 07-4, 1790 Apollo Court September 5, 2007 AYES: Commissioners BELLO, DEATON, DELAY, MASSA-LAVITT AND ROBERTS NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners d:r~~A~Rd<oJ lery Deaton Chairperson of the Planning Commission L . ttenberg ecretary of the Planning Commission Vanam.c 07-4 1790 Apollo Court PC Reso 6