Loading...
HomeMy WebLinkAboutPC Res 07-49 - 2007-09-05 RESOLUTION NUMBER 07-49 O,f>/CI- /114< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 07-9, APPROVING A DRIVE- THROUGH TELLER FACILITY AT A FINANCIAL INSTITUTION AT 12101 SEAL BEACH BOULEV ARD (FARMERS AND MERCHANTS BANK) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 1, 2007 Leslie Gentile of Fernald, Inc. filed an application for Conditional Use Permit 07-9 with the Department of Development Services. Section 2. The applicant is requesting approval to permit 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. Section 3. Pursuant to 14 Calif. Code of Regs. S 15301, staff has determined as follows: The application for Conditional Use Permit 07-9 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 of 20% 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 Conditional Use Permit No. 07-9. 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 1, 2007 Leslie Gentile of Fernald, Inc. filed an application for Conditional Use Permit 07-9 with the Department of Development Z \My Documents\RESO\CUP 07-9 12101 Seal Beach Blvd PC Rcso doc\LW\09-05-07 Planning Commission ResolutIOn 07-49 ConditIOnal Use Permit 07-9 12101 Seal Beach Boulevard September 5, 2007 Services requesting approval to penuit 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 164-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 I ine 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. CUP 07-912101 Seal Beach Blvd PC Reso 2 Planning COm/1IlSSlOn ResolutIOn 07-49 Conditional Use Per/1ut 07-9 /2101 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 townhome development. g. The bank has indicated that their operating hours will be: o 9 AM to 5 PM, Monday - Thursday; o 9 AM to 6 PM, Friday and o 9 AM to 12 Noon Saturday. h. The drive through teller facility will only be available during the above indicated operating hours. There will be no drive through A TM capability at the proposed drive-through 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 acconunodate 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-through 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-through 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. Section 6. Based upon the facts contained in the record, including those stated in S5 of this resolution and pursuant to SS 28-1400,28-2504-2508 of the City's Code, the Planning Commission makes the following findings: a. Conditional Use Permit No. 07-9 is consistent with the provisions of the Land Use Element of the City's General Plan and the Zoning Code of the City, both of which provides a "general commercial" designation for the subject property and permits drive-through facilities subject to the issuance of a Conditional Use Pemlit. The use as a bank with a drive-through teller facility 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. CUP 07-912101 Seal Beach I3Ivd PC Reso 3 Planning CommissIOn ResolutIOn 07-49 Conditional Use Permll 07-9 12101 Seal Beach Boulevard September 5,2007 b. The building and property at the Shops at Rossmoor are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. c. The bank facility with a drive-through teller facility, if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach would mitigate any negative impacts to neighboring residential properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 07-9, subject to the following conditions: 1. Conditional Use Permit 07-9 is approved for a drive-through teller facility in conjunction with a financial institution use at 12101 Seal Beach Boulevard. 2. All construction shall be in substantial compliance with the plans dated July 29, 2007 that were submitted as a part of the application for Conditional Use Permit 07-9, subject to compliance with the following conditions: a. Prior to the issuance of a building permit the Director of Development Services shall approve plans for the directional speaker system to ensure speaker orientation and volume controls are instituted to reduce potential impacts to the adjoining residential area. b. Prior to the issuance of a building permit, the project developer shall prepare plans, to be approved by the Director of Development Services, which include tubular steel gate systems to adequately secure the drive- through lane at both the entrance and exit from vehicular use when said drive-through teller services are not available. 3. The hours of operation for the drive-through teller facility shall be: D 9 AM to 5 PM, Monday - Thursday; D 9 AM to 6 PM, Friday and D 9 AM to 12 Noon Saturday. 4. No commercial deliveries or trash disposal activities may occur in association with the operation of this business facility between the hours of 10:00 P.M. and 7:00 A.M. 5. A lighting plan for the drive-through teller area 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. CUP 07-912101 Seal Beach Blvd PC Reso 4 Plannmg CommiSSIOn ResolutIOn 07-49 ConditIOnal Use Permit 07-9 12101 Seal Beach Boulevard September 5, 2007 6. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 7. The establishment shall comply with Chapter 7.15, "Noise" of the City of 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 Planning Conunission 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. 8. A modification of this Conditional Use Permit shall be applied for 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. 9. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, vandalism, solicitation and/or litter. 10. This Conditional Use Permit 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. 11. This Conditional Use Permit shall not become effective for any purpose unless/until a City "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 calendar-day appeal period has elapsed. 12. The applicant shall indemnify, 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 CUP 07-912101 Seal Beach Blvd PC Rcso 5 Planmng CommiSSIOn ResolutIOn 07-49 ConditIOnal Use Permit 07-9 12101 Seal Beach Boulevard September 5, 2007 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: Commissioners BELLO, DEATON, DELAY, AND ROBERTS MASSA-LA VITT ABSTAIN: Commissioners ~a~~ ery Deato Chalfperson of the Planmng CommIssIOn Whittenberg ~~ ecretary of the Planning Commission/ CUP 07-9 12101 Seal Beach Blvd PC Reso 6