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Home My WebLink AboutPC Res 08-12 - 2008-04-09 RESOLUTION NUMBER 08-12 OR/6//1I 'V4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 08-4 PERMITTING A 24-HOUR AUTOMATED TELLER MACHINE (ATM) AT 1103 PACIFIC COAST HIGHWAY, SEAL BEACH. (WACHOVIA BANK) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 4, 2008, Callison Architects submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 08-4. 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. 915301, staff has determined as follows: The application for Conditional Use Permit 08-4 for the requested land use entitlements at a proposed restaurant is categorically exempt from review pursuant to the Califomia Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on April 9, 2008, to consider the application for CUP 08-4. The Planning Commission considered all evidence presented, both written and oral regarding the subject application. Section 5. The record of the hearing of April 9, 2008, indicates the following: (a) On March 4, 2008, Callison Architects submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Pemlit 08-4. (b) The applicant is requesti ng approval for a 24-hour A TM at the subject property. The proposed 24-hour ATM will be in conjunction with a new, full service, Wachovia Bank branch. lof4 Planning Commission Resolution No. 08-12 Conditional Use Permit 08-4 Wachovia Bank, 1103 Pacific Coast Highway April 9, 2008 (c) The subject property is located in the Seal Beach Center. The subject building is located closest to Pacific Coast Highway at the eastern side of the development. (d) The subject propeliy is approximately 2,466 square feet in size. (e) The nearest residential propeliies are located approximately 200 feet to the southeast in the City of Seal Beach. (f) The surrounding land uses and zoning are as follows: SOUTH WEST Retail businesses within the Service Commercial (C-l) Zone; Single-fal11ily residential properties within the Residential Low Density (RLD) Zone. Single-fanlily residential properties within the Residential Low Density (RLD) Zone. Retail businesses within the General Commercial (C-2) Zone. Retail businesses within the General Commercial (C-2) Zone. NORTH EAST 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 08-4 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, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The building and property at 1103 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the propeliy. (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 operation of all ATM on a 24-hour basis, as proposed to be conditioned, is compatible with the character of the surrounding neighborhood, which is the Seal Beach Center, and the neighborhood also known as "The Hill". Adherence to conditions of approval placed on the use by the City of Seal Beach will mitigate any negative impacts to neighboring residents. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 08-4, subject to the following conditions: 20f4 Planning Commission Resolution No. 08- /2 Conditional Use Permit 08-4 Wachovia Bank, 1/03 Pacific Coast Highway April 9, 2008 1. Conditional Use Permit 08-4 is approved for a 24-hour ATM at Wachovia Bank, 1103 Pacific Coast Highway, Seal Beach. 2. A security plan detailing security features and systems located on the premises and exterior lighting plans shall be submitted to the Department of Development Services for review and approval prior to issuance of a Certificate of Occupancy. 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 surveillance camera that provides a clear view of the area in and around the ATM shall be located in the area of the ATM. 5. A modification ofthis Conditional Use Permit shall be obtained when: a. There is a substantial change in the mode or character of operations of the establislunent which occur between the hours of2:00 a.m. and 6:00 a.m. b. The establishment proposes to modify any conditions of approval of this Conditional Use Permit. 6. 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 Atiicle 28, and in the manner specified in Article 25, of Chapter 28 of the Seal Beach Municipal Code. 7. 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. 8. This Conditional Use Permit shall become null alld void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning COlllnlission pUrSUallt to a written request for extension submitted to the Department of Development Services a minimum of 90 days prior to such expiration date. 9. This Conditional Use Pennit shall not become effective for any purpose unless an "Acceptance of Conditions" fonn 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. 10. The applicant shall indemnify, defend and hold hannless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims alld losses whatsoever OCCUlTing 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 pemlitted hereby or the exercise of the lights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights pennitted by this Conditional Use Pemlit, and from any and all claims and losses 30f4 Planning Commission Resolution No. 08-12 Conditional Use Permit 08-4 Wachovia Bank, 1103 Pacific Coast Highway April 9, 2008 occurring or resulting to any 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 alld hold harmless the City as stated herein shall include, but not be limited to, paying all fees alld 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 allY award of damages, judgments, verdicts, court costs or attol11eys' fees in any such lawsuit or action. 11. 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 9th day of April 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None ([" {'A.<.~4J.Alt .aT~ / Ellery Deaton Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commission ***** 40f4