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HomeMy WebLinkAboutPC Res 07-50 - 2007-09-05 RESOLUTION NUMBER 07-50 O,f>/ CJ- /114< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 07-3, APPROVING A DRIVE-THROUGH TELLER CANOPY STRUCTURE WITHIN THE REAR YARD SETBACK AREA AT A FINANCIAL INSTITUTION AT 12101 SEAL BEACH BOULEVARD (FARMERS AND MERCHANTS BANK) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August I, 2007 Leslie Gentile of Fernald, Inc. filed an application for Variance 07-3 with the Department of Development Services. Section 2. In conjunction with a request to approve a drive-through teller facility at a proposed new Farmers & Merchants Bank to be located in the Shops at Rossmoor at 12101 Seal Beach Boulevard the applicant is requesting approval to allow a drive-through teller canopy structure to encroach into the required rear yard setback area. Section 3. Pursuant to 14 Calif. Code of Regs. S 15301, staff has determined as follows: The application for Variance 07-3 for the requested land use entitlements at a proposed financial institution with a proposed drive-through teller facility is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 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 07-3. At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. the following: The record of the public hearing of September 5, 2007 indicates a. On August I, 2007 Leslie Gentile of Fernald, Inc. filed an application for Variance 07-3 with the Department of Development Services requesting Z \My Documcnts\RESO\Vanance 07-312101 Seal Beach Blvd PC Reso doc\LW\09-05-07 Plannmg CommiSSion ResolutIOn 07-50 Variance 07-3 12101 Seal Beach Boulevard September 5, 2007 approval to permit a drive-through teller canopy structure to encroach into the required rear yard setback area in conjunction a drive-through teller facility at a proposed new Farmers & Merchants Bank to be located in the Shops at Rossmoor at 12101 Seal Beach Boulevard. b. The subject property is located in the Shops at Rossmoor development, located west of Seal Beach Boulevard, north of Rossmoor Center Way, and south of Bradbury Road. The proposed bank location is immediately south of the 76 Service Station at the comer of Seal Beach Boulevard and Bradbury Road, and is approximately 155 feet south of Bradbury Road. c. The proposed Farmers and Merchants Bank location is approximately 70 feet west of Seal Beach Boulevard and 155 feet south of Bradbury Road, and is proposed to be 10,169 square feet in area, with 7,129 square feet located on the ground floor and 3,040 square feet being located in a basement level. A building pad currently exists on the site. d. Surrounding land uses and zoning are as follows: NORTH: The existing 76 Service Station located at the intersection of Seal Beach Boulevard and Bradbury Road, in the C-2, General Commercial Zone. SOUTH: The remaining portion of the Shops at Rossmoor, including the 62,280 square feet of new retail space currently nearing completion and the "Parasol" building which is undergoing renovation to re-open as "Mel's Drive-In Diner." Immediately to the south of the subject building is a retail building currently under construction that comprises 5,005 square feet, all located in the C-2, General Commercial Zone. EAST: A I 64-unit townhome development in the unincorporated community of Rossmoor, immediately adjacent to the rear property line of the subject location. Driveways are along the property line with residential units being located between 40 and 60 feet from the property line. WEST:Across Seal Beach Boulevard is the existing "Rossmoor Highlands" community of single family homes which are screened from Seal Beach Boulevard by a brick property line wall. e. The proposed bank use comprises 4,675 square feet on the ground floor of the subject building and is located in the southerly end retail space of "Building p" which is not yet under construction. A tenant has not been identified for the northerly 2,454 square feet of this building. The bank will also be constructing a 3,040 square foot basement to house ancillary uses to the bank operation. Vanance 07-312101 Seal Beach Blvd PC Reso 2 Plannmg Commission ResolutIOn 07-50 Variance 07-3 12101 Seal Beach Boulevard September 5, 2007 f. Building P is oriented in a north-south configuration, and is approximately 70 feet west of Seal Beach Boulevard. The structure is approximately 22 feet from the north common property line with the 76 Station, and 31.25 feet from the west property line with a 24-foot wide service drive for the teller facility, a 3.75-foot landscaped planter area and a 6-foot high block wall separating the building from the adjoining residential townbome development. g. The bank has indicated that their operating hours will be: D 9 AM to 5 PM, Monday - Thursday; D 9 AM to 6 PM, Friday; and D 9 AM to 12 Noon Saturday. h. The drive tlrrough teller facility will only be available during the above indicated operating hours. There will be no drive through ATM capability at the proposed drive-tlrrough facility. i. The traffic flow from Seal Beach Boulevard or from within the shopping center to the proposed location is adequate, and the parking lot complies with parking standards of the City to accommodate the proposed development. The primary entrance to the parking lot and main teller drive-through aisle are adequately designed to accommodate the proposed drive-through lane. The drive-tlrrough lane is approximately 170 feet in length and widens to be able to accommodate vehicles side-by-side for approximately 50 feet before the teller facility, adequate to accommodate between 7-10 vehicles in the drive-through lane. j. Vehicles exiting the drive-tlrrough lane will have two options to exit the premises - heading directly south or turning left to other cross drives that can provide internal access to the Shops at Rossmoor or exiting to Seal Beach Boulevard. The signalized intersections that will allow for all turning movements are located at Seal Beach Boulevard and Rossmoor Center Way and at Seal Beach Boulevard and Bradbury Road. The other driveways within the shopping center are right-turn in/right-turn out only drives. k. The variance request is to allow for the proposed drive-through teller canopy structure to encroach into the required rear yard setback area. The property is located in the General Commercial, District 6, Zone, which has a rear yard setback requirement of 18 feet pursuant to Section 28-1402.B, Yard Dimensions (Minimums). The canopy structure is proposed to be setback 3' -9" from the rear property line, resulting in a requested variance for 14'-3" of that portion of the canopy structure closest to the adjacent property line. The building itself complies with the setback requirement, as it is setback 31 ' - 3" from the rear property line. 1. The proposed canopy structure is 11' -7" wide and is 27'-6" long, being setback 3' -9" from the rear property line. The canopy has a maximum height of 13' -8" to the top of the canopy and the underside of the canopy structure is Vanance 07-312101 Seal Beach Blvd PC Reso 3 Planmng CommiSSIOn ResolutIOn 07-50 Variance 07-3 12101 Seal Beach Boulevard September 5, 2007 approximately 12 feet above the driveway. Along the common property line with the adjacent residential area is a 6-foot high block wall. m. Staff has discussed with the applicant the possibility of providing the tube system necessary for this drive-tlrrough facility to operate underground, rather than above ground. The applicant has indicated that due to potential disruptions for repairs by having to excavate paved areas and possible foundation areas of the structure, and soil conditions within this area, that a below-ground system is not feasible. n. Staff has also explored with tl1e applicant tl1e possibility of relocating the teller facility along tl1e southerly side of the bartk structure, rather tl1an the proposed west side. There are several difficulties with tl1at idea, such as: o the interior layout of the bank operation cannot accommodate such a relocation; and o the traffic pattern within tl1e parking lot would be compromised significantly, impacting the two-way driving capabilities of many of the parking access aisles, resulting in adverse impacts to the internal circulation pattern of the parking areas adjacent to tl1e subject building. o. Given tl1e small area involved with the proposed canopy and the limited use to primarily daylight hours, staff is of the opinion that a variance is appropriate given tl1e particular site, soil, building arrangement, and traffic circulation concerns discussed above. Section 6. Based upon the facts contained in the record, including those stated in S5 oftl1is resolution and pursuant to ~S 28-1400, 24-1402, and 28-2502 oftl1e City's Code, the Planning Commission makes tl1e following findings: a. Variance 07-3 is consistent with the provisions of the Land Use Element ofthe City's General Plan, which provides a general commercial use designation for the subject property. The proposed use of the property is in conformity with the provisions of the General Plan and Zoning Code and the requested variance encompasses a total roofed area of approximately 164 square feet. Further, the proposed canopy structure is to provide shade for motorists utilizing a drive-tlrrough teller facility during normal banking hours. 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 tl1e property owner from enjoying the same privileges enjoyed by other property owners within the same vicinity and zone in that given the particular site, soil, building arrangement, and traffic circulation concerns that exist at tl1is particular site it is not possible to locate a canopy structure in any other feasible location. The variance is necessary for the canopy structure to be constructed at a location to ensure that the drive- tl1rough teller operation is adequately protected from sun and weather in a style that is VarIance 07-3 12101 Seal Beach Blvd PC Reso 4 Plannmg CommissIOn Resolution 07-50 Variance 07-3 12101 Seal Beach Boulevard September 5, 2007 compatible with the existing building elevation treatments and does not disrupt traffic flows within the larger shopping center area. c. The granting of such variance will not constitute a grant of special privilege. The proposed drive-through canopy structure, as proposed to be conditioned, is compatible with the character of the adjacent development, which is the Shops at Rossmoor shopping center development and an adjacent high density residential development. 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 No. 07-3, subject to the following conditions: 1. Variance 07-3 is approved for a drive-through teller canopy structure 111 conjunction with a financial institution use at 12101 Seal Beach Boulevard. 2. All construction for the drive-through teller canopy structure shall be in substantial compliance with the plans submitted as a part of the application for Variance 07-3, dated July 29, 2007, subject to compliance with the following conditions: a. A lighting plan for the drive-through teller canopy structure shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit for the bank structure. Said lighting plan shall provide full cut-off fixtures to ensure that there is no light trespass across the property line to the adjacent residential development. b. The drive-through teller canopy structure shall be continuously maintained to ensure compatibility with the adjacent structures to the satisfaction of the Director of Development Services. 3. The hours of operation for the drive-through teller facility shall be: o 9 AM to 5 PM, Monday - Thursday; o 9 AM to 6 PM, Friday; and o 9 AM to 12 Noon Saturday. 4. A modification of this Variance shall be obtained when: a. There is a proposed substantial change in the type, size, height or bulk of the drive-through teller canopy structure. b. The establishment proposes to modify any conditions of approval. 5. 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 hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Plmming Commission reserves the right to schedule this permit for reconsideration and may require the applicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter 7.15. Variance 07-3 12101 Seal Beach Blvd PC Reso 5 Planmng CommiSSIOn Resolution 07-50 Variance 07-3 12101 Seal Beach Boulevard September 5, 2007 6. The Planning Commission reserves the right to revoke or modify this Variance if any violation of the 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. 7. 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 the 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. 8. This Variance shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the 10 day appeal period has elapsed. 9. The applicant shall indel11l1ify, defend and hold harmless 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, 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: AYES: Commissioners NOES: Commissioners ABSENT: COl11l1lissioners BELLO, DEATON, DELAY, AND ROBERTS MASSA-LAVITT ABSTAIN: Commissioners Variance 07-3 12101 Seal Bcach Blvd PC Reso 6 e Whittenberg ecretary of the Planning Commis . Vananee 07-3 12101 Seal Beach Blvd PC Rcso Plannmg Commission ResolutIOn 07-50 Vanance 07-3 12101 Seal Beach Boulevard September 5, 2007 ri!~~:f a4f}.t.a7bv ery Deaton Chairperson of the Planning Commission 7