HomeMy WebLinkAboutPC Res 07-60 - 2007-11-07
RESOLUTION NUMBER 07-60
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 07-15, PERMITTING A
24-HOUR ATM AT 12310 SEAL BEACH
BOULEVARD, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section l. On October 5, 2007, Leslie Burnside of Tait and Associates
submitted an application to the City of Seal Beach Department of Development Services for
Conditional Use Pennit 07-15.
Section 2. The applicant is requesting approval for a 24-hour ATM at the
subject property. The proposed 24-hour ATM will be in conjunction with a new, full service,
Wachovia Bank branch.
Section 3. Pursuant to 14 Calif. Code of Regs. 9 l5301, staff has determined
as follows: The application for Conditional Use Permit 07-15 for the requested land use
entitlements at a proposed restaurant is categorically exempt from review pursuant to the
California 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 07-15. 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 October 5,2007, Leslie Bumside ofTait and Associates
submitted an application to the City of Seal Beach Department of Development Services for
Conditional Use Pemlit 07-15.
b. The applicant is requesting approval for a 24-hour ATM at
the subject property. The proposed 24-hour ATM will be in conjunction with a new, full service,
Wachovia Bank branch.
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Planning Commission Resolution NO. 07-60
Conditional Use Permit 07-15
Wachovia Bank
November 7, 2007
c. The subject property is located in the Old Ranch Town
Center. The subject building is located on Seal Beach Boulevard at the western side of the
development, across from the Shops at Rossmoor.
d. The subject property is approximately 3,557 square feet in
size, with an A TM room of approximately 73 feet.
e. The nearest residential properties are located approximately
650 feet to the north in the City of Los Alamitos.
f. The surrounding land uses and zoning are as follows:
SOUTH
Retail businesses within the General Commercial (C-2) zone; Single
Family homes in the City of Los Alamitos.
Retail businesses within the General Commercial (C-2) zone (Old
Ranch Town Center).
Retail businesses within the General Commercial (C-2) zone (Old
Ranch Town Center).
Retail businesses within the General Commercial (C-2) zone (The
Shops at Rossmoor).
NORTH
EAST
WEST
Section 6. Based upon the facts contained in the record, including those stated
in 95 of this resolution alld purSUallt to 928-2503 and 928-2504 of the Seal Beach Municipal
Code, the Planning Commission makes the following findings:
(a) CUP 07-15 is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a General Commercial use designation
for the subject property. The use is also consistent with the remaining elements of the City's
General Plan as the policies of those elements are consistent with, alld reflected in, the Land Use
Element. Accordingly, the proposed use is consistent with the General Plall.
(b) The bui lding and property at 12310 Seal Beach Boulevard
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 alld fire codes
ensures there will be adequate water supply and utilities for the proposed use.
(d) The proposed business operations on a 24-hour basis, as
proposed to be conditioned, are compatible with the chal"acter of the surrounding neighborhood,
which is the Old Ranch Town Center. Adherence to conditions of approval placed on the use by
the City of Seal Beach wi II mitigate allY negative impacts to neighboring residents.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 07-15, subject to the following conditions:
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Planning Commission Resolution NO. 07-60
Conditional Use Permit 07-15
Wachovia Bank
November 7, 2007
1. Conditional Use Permit 07-15 is approved for a 24-hour ATM at Wachovia Bank, 12310
Seal Beach Boulevard.
2. A security plan, detailing security features and systems located on the premises, exterior
lighting plans, and landscaping site plans shall be submitted to the Department of
Development Services for review and approval prior to issuance of the Conditional Use
Pel111 it.
3. A wide-angle mirror, allowing patrons to see behind them while using the ATM, shall be
affixed to the front of the ATM.
4. 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.
5. 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
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.
6. In the event staff determines that security problems exist on the site, the conditions of this
pernlit may be alllended, under the procedures of the Seal Beach Municipal Code, to
require the provision of additional security measures.
7. This Conditional Use Permit shall become null and void unless exercised within I 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 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 returned to the Platming Department;
and until the 10 day appeal period has elapsed.
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, firms, or corporations furnishing
or supplying work, services, materials, or supplies in connection with the perfonnance 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 property for damage, injury or
death arising out of or connected with the perfonnance of the use permitted hereby.
Applicant's obligation to indemnify, defend and hold harnlless the City as stated herein
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Planning Commission Resolution NO. 07-60
Conditional Use Permit 07-15
Wachovia Bank
November 7,2007
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 attorneys' fees in any such lawsuit or action.
10. Failure to comply with any of these cor~ditions 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 ih day of November 2007 by the following vote:
AYES: Commissioners Deaton, Bello, DeLay, Massa-Lavitt, and Roberts
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
d-'I.-t1~~
I Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Pla.rming Commission
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