Loading...
HomeMy WebLinkAboutPC Res 07-59 - 2007-11-07 ORIS A RESOLUTION OF THE PLANNING COMMISSION '1/114 ( OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 07-14, PERMITTING A 24-HOUR BUSINESS OPERATION AT 1695 ADOLFO LOPEZ DRIVE, SEAL BEACH. RESOLUTION NUMBER 07-59 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 28, 2007, Rick Shlemmer of SAA. submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 07-14. Section 2. The applicant is requesting approval for 24-hour business operations at the subject property. The proposed 24-hour business operation includes a Bank Operations Center and Central Vault for Fanners and Merchallts Bank. Section 3. Pursuant to 14 Calif. Code of Regs. 9 15301, staff has detennined as follows: The application for Conditional Use Pemlit 07-14 for the requested land use entitlements at a proposed restaurant is categorically exempt from review pursuant to the Cali fomia Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on November 7, 2007, to consider the application for CUP 07-14. The Planning Commission considered all evidence presented, both written and oral regarding the subject application. Section 5. The record of the hearing of November 7, 2007 indicates the following: (a) On September 28,2007, Rick Shlemmer of SAA submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 07-14. (b) The applicant is requesting approval for 24-hour business operations at the subject property. The proposed 24-hour business operation includes a Bank Operations Center and Central Vault for Fanners and Merchants Bank. (c) The subject property is located in the Pacific Gateway Business Park, cun-ently completing construction. The subject building is located on Adolfo 1 of 5 Planning Commission Resolution No. 07-59 Conditional Use Permit 07-14 Farmers & Merchants Bank November 7, 2007 Lopez Drive at the southem end of the development, across from the Seal Beach Police Headquarters and the Public Works maintenance yard. (d) The subject property is approximately 3.06 acres in size and the total building area is approximately 45,225 square feet. Of these 45,225 square feet, approximately 36,507 will be utilized as warehouse space, with the remaining 8,718 square feet used as office space between the first and second floors. Required parking per Code would be a minimum of 76 parking stalls. The proposed project will provide approximately 132 parking stalls, for a parking surplus of approximately 56 spaces. (e) The nearest residential properties are located approximately 325 feet to the south in the Heron Pointe subdivision. (f) The surrounding land uses and zoning are as follows: SOUTH WEST 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. Light industrial uses (Accurate Metals); Seal Beach Naval Weapons Station further to the east, across Seal Beach Boulevard. Seal Beach Police Headquarters; Public Works maintenance yard. Additional light industrial buildings within the Pacific Gateway Business Park NORTH EAST (g) The following applications have previously been approved for the Pacific Gateway Business Park development: o Boeing Speci fic Plan Project Environmental Impact Report; o General Plan Amendment 03-2; o Boeing Specific Plan; o Boeing Specific Plan - Precise Plall 03-1 o Boeing Specific Plan - Vesting Tract Map No. 16375; and o General Plan Amendment 05-2. Section 6. Based upon the facts contained in the record, including those stated in 95 of this resolution and pursuant to 928-2503 and 928-2504 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: (a) CUP 07-14 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 prope11y and the Boeing Specific Plan. 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 Lalld Use Element. Accordingly, the proposed use is consistent with the General Plan. 20f5 Planning Commission Resolution No. 07-59 Conditional Use Permit 07-14 Fanners & Merchants Bank November 7, 2007 (b) The building and property at 1695 Adolfo Lopez Drive are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply alld utilities for the proposed use. (d) The proposed business operations on a 24-hour basis, as proposed to be conditioned, are compatible with the character of the surrounding neighborhood, which is the Pacific Gateway Business Park. Adherence to conditions of approval placed on the use by the City of Seal Beach vv'ill mitigate any negative impacts to neighboring residents. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Pennit 07-14, subject to the following conditions: 1. Conditional Use Pennit 07-14 is approved for a 24-hour business operation for the Farmers and Merchants Bank facility at 1695 Adolfo Lopez Drive. 2. Said 24-hour business operation shall not entail more than 20 employees on those hours outside ofnonnal operational hours (10:00 p.m.-6:00 a.m.) 3. A security guard shall be present on the premises during all normal hours of armored truck activity. 4. A security plan, detailing security features and systems located on the premises, exterior lighting plans, and lalldscape site plans shall be submitted to the Seal Beach Police Department for review and approval prior to issuance of the Conditional Use Pe1111it. 5. A modification of this Conditional Use Permit shall be obtained when: a. There is a substantial change in the mode or character of operations of the establishment which occur between the hours of2:00 AM and 6:00 AM. b. The establishment proposes to modify any conditions of approval. 6. There shall be no dumping of trash outside the establishment between the hours of 10:00 PM and 7:00 AM. 7. 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 PlaIming Commission reserves the right to schedule this pennit for reconsideration and may require the applicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 8. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Seal Beach 30f5 Planning Commission Resolution No. 07-59 Conditional Use Permit 07-14 Farmers & Merchants Bank November 7, 2007 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. 9. In the event staff detemlincs that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code, to require the provision of additional security measures. 10. This Conditional Use Pemlit 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 Pemlit 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 retumed to the Plalming Department; and until the 10 day appeal period has elapsed. 12. The applicant shall indemnify, defend and hold hamlless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occun-ing or resulting to any and all persons, fimls, or corporations fumishing 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 pelmitted by this Conditional Use Pemlit, and from any and all claims and losses occurring or resulting to any person, finn, corporation or propel1y 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 incun-ed 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 attomeys' fees in any such lawsuit or action. 13. Failure to comply with any of these conditions may result 111 revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of November 2007 by the following vote: AYES: Commissioners Deaton, Bello, Delay, Massa-lavin, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None 40f5 ***** 50f5 Planning Commission Resolution No. 07-59 Conditional Use Pemzit 07-14 Farmers & Merchants Bank November 7, 2007 ~LU~ Ellery Deaton Chairperson, Planning Commission