HomeMy WebLinkAboutPC Res 07-54 - 2007-10-03
RESOLUTION NUMBER 07-54
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING A 12-MONTH
EXTENSION OF CONDITIONAL USE PERMIT 07-4,
APPROVING A TOWING SERVICE AS AN ACCESSORY USE
AT AN EXISTING AUTOMOTIVE REPAIR BUSINESS AT
1000 PACIFIC COAST HIGHWAY, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On February 21, 2007 Joseph Harris of Automotive Excellence of
Seal Beach filed an application for Conditional Use Penuit 07-4 with the Department of
Development Services.
Section 2. On August 20, 2007, Joseph Harris of Automotive Excellence of
Seal Beach filed an application for the previously conditioned 6 month review of Conditional
Use Permit 07-4 with the Department of Development Services.
Section 3. The applicant is requesting a 12 month extension of Conditional
Use Permit 07-4, to penuit a towing service as an accessory use at an existing automotive repair
business.
Section 4. Pursuant to 14 Calif. Code of Regs. ~ 15301, staff has deternlined
as follows: The application for CUP 07-4 for the requested land use entitlement to conduct a
towing service at an existing automotive repair business location is categorically exempt from
review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs.
~ 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 5. A duly noticed public hearing was held before the Planning
Commission on October 3, 2007, to consider the application for the 12 month extension of
Conditional Use Permit No. 07-4. At the public hearing the Planning Commission received
written and oral evidence on the proposed project.
Section 6.
The record of the public hearing of October 3, 2007 indicates the
following:
(a) On February 21, 2007 Joseph Harris of Automotive
Excellence of Seal Beach filed an application for Conditional Use Permit 07-4 with the
Department of Development Services to penuit a towing service as an accessory use at an
existing automotive repair business.
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Planning Commission Resolution No 07-54
ConditIOnal Use Permit 07-4 (6-Month Review)
100 Pacific Coast Highway - Auto Excellence
October 3, 2007
. (b) On August 20, 2007, Joseph Harris of Automotive
Excellence of Seal Beach filed an application for the previously conditioned 6 month review of
Conditional Use Permit 07-4 with the Department of Development Services.
(c) The subject property is located at 1000 Pacific Coast
Highway, in the C-2, General Commercial Zone.
NORTH:
SOUTH:
EAST:
WEST:
(d) Surrounding land uses and zoning are as follows:
Across Pacific Coast Highway is the Seal Beach Center, a community
shopping center currently undergoing renovation, located in the C-l,
Service Commercial Zone
A church facility in the PLU-R, Public Land Use-Recreation Zone.
Along the south side of Pacific Coast Highway, commercial businesses
fronting Pacific Coat Highway in the C-2, General Commercial Zone
(Zoeter Place) with Zoeter Field located southerly of the shopping center
in the PLU-R, Public Land Use-Recreation Zone.
Along the south side of Pacific Coast Highway, a sandwich shop fronting
Pacific Coat Highway with an insurance office and a swim school located
southerly along Tenth Street, extending a total distance of 100 feet, in the
C-2, General Commercial Zone with a mix of single- and multi-unit
residences in the RHD, Residential High Density Zone located further to
the south.
(e) The eXlstmg automotive repair business is located on a
property that has 117.5 feet of frontage on Pacific Coast Highway and is 75 feet in depth,
comprising 8,812.5 square feet of land area. The existing automotive repair business structure
comprises approximately 2,750 square feet of the lot area.
discretionary approvals.
(f) The subject property previously obtained the following
o Variance 1-69 approving a sign at an existing service station.
o Variance 43-72, permitting the construction of a 4,000 square foot "auto
hardware" building subject to conditions.
o Plan Review 7-76, approving revisions to signs for a "Goodyear" tire store
on the subject property.
o Conditional Use Permit 07-4, to allow a vehicle towing operation as an
accessory use to an existing automotive repair business,
(g) On January 22, 2007 the City Council conducted a public
hearing regarding Zone Text Amendment 06-2, which defined "Towing Services' and specified
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Planlllng CommissIOn Resolution No. 07-54
Conditional Use Permit 07-4 (6-Month RevIew)
100 Pacific Coast Highway - Auto Excellence
October 3, 2007
such use as a conditionally permitted use in the General Commercial (C-2) zone subject to
specified conditions. Upon concluding the public hearing the City Council introduced Ordinance
No, 1554, approving ZTA 06-2.
(h) On February 12, 2007 the City Council conducted second
reading and adopted Ordinance No. 1554, which becanle effective on March 14,2007.
(i) The adopted Zone Text Amendment included a definition
for "Towing Services", and determined that such a use may be allowed within the C-2, General
Commercial Zone upon approval of a Conditional Use Permit, and be subject to certain speci tied
conditions as well as other conditions that the Planning Commission could impose based on the
public hearing testimony.
(j) The additional standards regarding this type of land use
when located within 300 feet of residentially zoned property are set forth in Section 28-
1400.K.10.
(k) Given the neighborhood compatibility issues raised by the
previous complaints regarding the subject business operation it is important to include adequate
business operation conditions on any approved use for a towing service on the subject property.
Staff recommends one additional follow-up 12 month review period, after this initial 6 month
review period, prior to considering an indefinite extension of the approved Conditional Use
Permit for the subject property. This additional and final review period will allow the Planning
Commission to maintain adequate review authority over this use to ensure that its operations do
not become a major "public nuisance" matter for the City to deal with.
(I) The requested use, as proposed to be conditioned, is
appropriate for the subject location. The "Additional Standards" set forth in Section 28-
1400.K.10 directly address the major concerns regarding the use of the subject property to
accommodate the accessory tow service business, in conjunction with the permitted auto repair
business activities
Section 7. Based upon the facts contained in the record, including those stated
in ~5 of this resolution and pursuant to ~~ 28-1300, 28-2504-2508 of the City's Code, the
Planning Commission makes the following findings:
(a) CUP No. 07-4 is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a "general commercial" designation for
the subject property and permits towing services subject to the issuance of a Conditional Use
Permit. 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) The building and property at 1000 Pacific Coast Highway
are adequate in size, shape, topography and location to meet the needs of the proposed LIse of the
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Planning Commission ResolutIOn No 07-54
ConditIOnal Use Penna 07-4 (6-Month Review)
100 Paqfic Coast Highway - Auto Excellence
October 3, 2007
property. Required adherence to applicable building and fire codes ensures there will be
adequate water supply and utilities for the proposed LIse.
(c) The proposed conditions of approval will reduce potential
noise disturbance activities to the greatest extent feasible to ensure that the tow service
operations are not incompatible with surrounding uses of property, including residential uses as
close as 65 feet to the subject property.
(d) The requested tow service operation, 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 8. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 07-4, subject to the following conditions:
1. CUP 07-4 is approved for a towing service as an accessory use to an existing automotive
repair business at 1000 Pacific Coast Highway.
2. The tow service shall comply with all provisions of Section 28-1400.K.10 of the Seal
Beach Municipal Code.
3. This Conditional Use Permit 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.
4. The term of this pennit shall be 12 months. At the end of this term, the applicant may
apply for an indefinite extension for CUP 07-4. The commission may grant extensions
provided that all the conditions of approval have been met and no significant police or
other problems have occurred. The applicant is hereby advised that a new application
and accompanying fee must be paid to the city prior to consideration of each extension
request.
5. A modification of this Conditional Use Pennit 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.
6. The Planning Commission reserves the right to revoke or modify this Conditional Use
Pernlit if any violation of the approved conditions occurs, any violation of the Code of
the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the
manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach.
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Plannll1g Commission Resolution No. 07-54
Condltwnal Use Permit 07-4 (6-Month Review)
100 Pacific Coast Highway - A uto Excellence
October 3, 2007
7. In the event staff determines that security problems exist on the site, the conditions ofthis
permit may be amended, under the procedures of the Seal Beach MLlnicipal Code, to
require the provision of additional security measures.
8. 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 minimLlm of 90 days prior to such expiration date.
9. 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, fimls, or corporations furnishing
or supplying work, selvices, materials, or supplies in connection with the performance of
the use pelmitted 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
pernlitted by this Conditional Use Pennit, 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 perfornlance of the LIse 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 sLlch lawsuit or action
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 3rd day of October 2007 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
d~*,An "o4lLYb ff171}
r - - 1 Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commissi.
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