The URL can be used to link to this page

Home My WebLink AboutPC Res 07-61 - 2007-12-05 RESOLUTION NUMBER 07-61 OR!'.;'/ '-- I 11; . .1/ . , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT 06-3 ALLOWING THE REMODEL AND ADDITION TO AN EXISTING AUTOMOBILE SERVICE STATION INCLUDING A CONVENIENCE MARKET AT 4000 LAMPSON AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 15,2006, Rakesh Bhakta applied for Conditional Use Permit (CUP) 6-3 with the Department of Development Services for a remodel and addition of a convenience market to an existing automobile services station with 24-hour operations at 4000 Lampson Avenue, Seal Beach. On March 22, 2006, the Planning Commission approved the remodel and addition of a convenience market to an existing gas station, but denied the 24-hour operation. Section 2. Pursuant to 14 California Code of Regulations 915305 and gII(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Conditional Use Permit 06-3 for an automobile service station and a convenience market is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations g15301 (Existing Facilities), because the proposal involves a negligible expansion of an existing llse; pursuant to 9 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 3. A duly noticed public hearing was scheduled before the Planning Commission on March 22, 2006 to consider the application for Conditional Use Pernlit 06-3. Section 4. Based upon the facts contained in the record, including those stated in this resolution and pursuant to the City Code, the P1alming Commission makes the following findings: (a) On February 15, 2006, Rakesh Bhakta applied for Conditional Use Pennit (CUP) 6-3 with the DepaJiment of Development Services for a remodel and addition of a convenience market to an existing automobile services station with 24-hour operations. On MaJ"Ch 22, 2006, the Planning Commission approved the remodel and addition of a convenience market to an existing gas station, but denied the 24-hour operation. On October lof6 Planning Commission Resolution No. 07-61 Conditional Use Permit 06-3 (indefinite Extension) 4000 Lampson Ave - College Park Valero December 5,2007 16, 2007, Rakesh Bhakta applied for an Indefinite Extension of CUP 06-3 with the Department of Development Services. (b) Specifically, the applicant has remodeled and added approximately 490 square feet to the building under the existing roof and enclosed the front patio area for an expanded cashier area and convenience market and enclosed the open hallway to the restrooms to provide interior access from the market area. The application also included construction of a new 226.5 square foot storage area in the rear with roof to match the existing stmcture. (c) No sale of alcohol is proposed m the new convel1lence market. (d) The subject propeliy has operated as an automobile service station since 1968. The City has granted the following approvals at this location: Plan Review 17 -67 for a new Mobil station on November 1, 1967 , Variance 1-89 on March 15, 1989 to allow a variance from the minimum lot size requirement of 22,500 square feet for the 22,112 square foot lot, Conditional Use Pennit 14-88 on March 15, 1989 for remodel, new pump islands and dispensers, and Conditional Use Permit 97-14 for addition of a 127 square foot mezzanine within the existing automobile service station. (e) The subject property cUlTently contains a Valero Service Station with three auto repair bays. The auto repair facilities will remain in the remodeled service station. (f) The subject property is described as OraJlge County Assessor's Parcel Number 217-231-01 and is located at the southeast comer of Lampson Avenue and Basswood Street. (g) The surrounding land uses and zoning are as follows: SOUTH Across Lampson Avenue, the Old Ranch Country Club and golf course in the Public LaJld Use/Recreation (PLU/R) Zone Multi-family residential townhouse development m the Residential Medium Density (RMD) Zone Multi-family residential townhouse development m the Residential Medium Density (RMD) Zone Across Basswood Street, the Seal Beach Tennis Club in the Public Land Use/Recreation (PLU/R) Zone NORTH EAST WEST (h) The Seal Beach Police Department has reviewed the application and plans and has no objections. 20f6 Planning Commission Resolution No. 07-61 Conditional Use Permit 06-3 (Indefinite Extension) 4000 Lampson Ave - College Park Valero December 5,2007 (i) As of November 28,2007, Staff has received no comments, written or otherwise, in response to the hearing notices that were mailed and published for the proposed project CUP 06-3(lE). (j) The Old Ranch Townhomes Association has no objection to the Indefinite Extension to the CUP. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-1400, 28-2318, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 06-3(IE) for a service station with convenience market is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits automobile service stations 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 4000 Lampson Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property is approximately .52 acres in area, and provides an adequate number of parking spaces. (c) The building and property at 4000 LaInpson Avenue, as conditioned, meets all criteria for automobile service stations set forth in the Code. (d) Service station has operated on the property since 1968 with no history of complaints regarding impacts associated with the service station use. (e) Operation of the service station for 24 hours per day would not be compatible with the sUlTounding uses and the community in general. The subject property is directly adjacent to a residential zone and 24-hour operation would likely result in an increase in noise, light, traffic and crime that would be incompatible with residential uses. Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Perrnit 06-3(IE), subject to the following conditions: 1. CUP 06-3 is approved for all automobile service station with a convenience market. 2. All development shall be in substantial conformance to plans submitted for CUP 06-3. 3. Automobile service station and convenience market hours of operations are limited to: 5:00 a.m. to 12:00 midnight daily. Automotive repair activities are limited to: 7:00 a.m. 30f6 Planning Commission Resolution No. 07-61 Conditional Use Permit 06-3 (indefinite Extension) 4000 Lampson Ave - College Park Valero December 5,2007 to 8:00 p.m. Monday through Friday, 8:00 a.m. to 8:00 p.m. on Saturday, Sunday and holidays. 4. Delivery hours are limited to 7:00 a.m. to 8:00 p.m. daily. Delivery hour limitations do not apply to gasoline deliveries. 5. No exterior doors shall be installed in the new rear storage area. 6. No vehicles shall be offered for sale upon the subject premises. 7. All automotive repair operations shall take place within the service bay areas of the service station, and not within the parking lot or other outdoor areas. 8. The applicant shall maintain a minimum of 13 marked parking stalls on the subject property, with a maximum of25% compact stalls. 9. Displays of merchandise shall not be located further than 5 feet from the service station building, with the exception of oil products necessary for daily direct service to automobiles may be on the pump island and limited to 6 feet in height. 10. All lighting shall be designed and located so as to confine light rays to the premises through directional type lighting or shielding on wall or pole mounted lighting that prevents spillover to adjacent propeliies. Lighting shall be maintained in such a way to minimize impacts to adjacent properties yet provide adequate security lighting. 11. Permanent watering facilities shall be maintained for all landscaped areas. 12. Landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pmning, mowing of lawns, weeding, removal of litter, fertilizing, replacement when necessary, and the regular watering of all plantings. 13. All signs shall comply with Section 28-1810 of the Code pertaining to automobile service stations. 14. No alcohol shall be sold in the convenience market. 15. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishment shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 16. All exterior areas of the service station and convenience market shall be kept free of trash, weeds, debris, metal drums, oil containers, and graffiti. 40f6 Planning Commission Resolution No. 07-61 Conditional Use Permit 06-3 (indefinite Extension) 4000 Lampson Ave - College Park Valero December 5, 2007 17. No video gaJ1les, arcade galnes or similar amusements shall be pennitted on the premises unless a separate Conditional Use Pemlit is approved for that use. 18. In the event Staff determines 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. 19. The establishment shall comply with Chapter 7.15, "Noise Control" of the Seal Beach Municipal Code as the provisions of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this pemlit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15, in addition to any other remedies provided by law. 20. A modification of this CUP 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 0 f operations ofthe property. 21. This CUP 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 retumed to the Planning Depaliment; and until the ten (10) calendar-day appeal period has elapsed. 22. This CUP shall become null and void unless exercised within one (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 ninety (90) days prior to such expiration date. 23. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all clai ms and losses whatsoever occurring or resulting to any and all persons, fimls, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use pemlitted 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 allY person, finn, 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 sllch lawsuit or action. 24. Failure to comply with any of these cor.ditions may result 111 revocation of this Conditional Use Pemlit. 50f6 Planning Commission Resolution No. 07-61 Conditional Use Permit 06-3 (indefinite Extension) 4000 Lampson Ave - College Park Valero December 5.2007 PASSED, APPROVED AND ADOPTED by the Plal1l1ing Commission of the City of Seal Beach at a meeting thereof held on the 5th day of December 2007 by the following vote: AYES: Commissioners Deaton, Bello, and Massa-lavitt NOES: Commissioners Delay ABSENT: Commissioners Roberts ABSTAIN: Commissioners None rzt.( (/UfEl&a:tb-nJ / llery Deaton Chairperson, Planning Commission ~ Lee Whittenberg Secretary, Planning Commission ***** 60f6