HomeMy WebLinkAboutPC Res 08-24 - 2008-09-03
RESOLUTION NUMBER 08-24
OR/6/11I
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING AN AFTER THE FACT
EXTENSION FOR CONDITIONAL USE PERMIT 05-10
ALLOWING THE REMODEL OF AN EXISTING
AUTOMOBILE SERVICE STATION WITH 24-HOUR
OPERATION, CONVENIENCE MARKET, AND DRIVE
THROUGH CAR WASH AT 2950 WESTMINSTER AVENUE,
SEAL BEACH (CHEVRON).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On August 31, 2005, Richard Stupin (the "Applicant"), filed an
application with the Department of Development Services for Conditional Use Permit 05-10 to
allow an automobile service station with 24-hour operation, a convenience market, and a drive-
through car wash at 2950 Westminster Avenue, Seal Beach.
Section 2. Pursuant to 14 California Code of Regulations 915305 and 9II(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for
Conditional Use Permit 05-10 for an automobile service station with 24-hour operation, a
convenience market, and drive through car wash is categorically exempt from review pursuant to
the California Environmental Quality Act pursuant to 14 California Code of Regulations 915301
(Existing Facilities), because the proposal involves a negligible expansion of an existing use;
pursuant to 915305 (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 October 26, 2005 to consider the application for Conditional Use Permit 05-10
and the request was approved subject to conditions through the Planning Commission adoption
of Resolution Number 05-50.
Section 4. On October 17, 2007 the Planning Commission granted an
extension for an additional 7 months, this would not count the time during the Coastal
Commission review process, to April 18, 2008 to receive all appropriate project approvals and
obtain the required construction permits.
Section 5. Based upon the facts contained in the record, including those stated
in this resolution and pursuant to the City Code, the Planning Commission makes the following
findings:
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PC Resolution No. 08-24
Conditional Use Permit 05-10 (After-the-fact Extension)
2950 Westminster Avenue (Chevron Station)
September 3, 2008
(a) On October 26, 2005, the Planning Commission approved
Conditional Use Permit 05-10 for remodel of a service station and convenience market with 24-
hour operations, and car wash open from 5 :00 AM to midnight.
(b) On October 17, 2007 the Planning Commission granted an
extension for an additional 7 months to April 18, 2008 to receive all appropriate project
approvals and obtain the required construction permits.
(c) On July 25, 2008 the applicant requested an additional
extension oftime to November 2008.
(d) This request for the after the fact approval of an additional
time extension was subject to a public hearing to allow for public notice of the request, as the
project approval is in technical lapse.
(e)
Station with auto repair facilities.
remodeled Chevron Service Station.
The subject property currently contains a Chevron Service
The auto repair facilities will not be part of the new,
(f) The subject property is described as Orange County
Assessor's Parcel Number 095-010-49 and is located at the southwest corner of Westminster
Avenue and Seal Beach Boulevard.
(g) The surrounding land uses and zoning are as follows:
NORTH
Across W estminster Avenue, commercial businesses and United States Post
Office in the Service Commercial (C-l) zone and the General Commercial (C-2)
zone, and the residential neighborhood of Leisure Wodd in the Residential High
Density/Planned Development (RHD/PD) Zone
SOUTH
Across Seal Beach Boulevard, the Seal Beach Naval Weapons Station in the
Public Land Use/Recreation (PLU/R) Zone
EAST
Across Seal Beach Boulevard, the Seal Beach Naval Weapons Station in the
Public Land Use/Recreation (pLU/R) Zone
WEST
Commercial businesses in the General Commercial (C-2) zone and Boeing
parking lot and facilities in the Boeing Space and Communications Group
Specific Plan (SP)
(h)
complaints on this application.
As of August 25, 2008, Staff has not received any
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PC Resolution No. 08-24
Conditional Use Permit 05-10 (After-the-fact Extension)
2950 Westminster Avenue (Chevron Station)
September 3, 2008
Section 6. Based upon the facts contained in the record, including those stated
in 94 and 95 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) CUP No. 05-10 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 pemlit. 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 2950 W estminster Avenue are
adequate in size, shape, topography and location to meet the needs of the proposed use of the
property. The property is approximately .65 acres in area, and provides an adequate number of
parking spaces.
(c) The building and property at 2950 Westminster Avenue, as
conditioned, meets all criteria for automobile service stations set forth in the Code.
Section 7 Based upon the foregoing, the Planning Commission hereby
approves an after the fact extension for Conditional Use Permit 05-10, subject to the following
conditions:
1. CUP 05-10 is approved until April 18, 2009 for an automobile service station with 24-hour
operation, a convenience market, and a drive-through car wash.
2. All development shall be in substantial conformance to plans submitted for CUP 05-10.
3. Automobile service station and convenience market operations are permitted for 24-hour
operating hours.
4. 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.
5. All lighting shall be designed and located so as to confine direct rays to the premises. A
lighting plan shall be reviewed and approved by the Development Services Department
prior to issuance of a building permit.
6. Boundary landscaping is required for a minimum depth of 4 feet along the property lines
abutting streets except for the area required for street openings and the area within 5 feet on
either side of street openings. Boundary landscaping shall be limited to a height of not
more than 312 feet within 20 feet of any points of intersection.
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PC Resolution No. 08-24
Conditional Use Permit 05-10 (After-the-fact Extension)
2950 Weshninster Avenue (Chevron Station)
September 3, 2008
7. Boundary landscaping east of the drive approaches adjacent to the building shall be a
minimum depth of 5 feet along the property lines abutting Westminster Avenue and Seal
Beach Boulevard.
8. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at
least 6 inches higher than the adjacent vehicular area.
9. Permanent watering facilities shall be provided for all landscaped areas.
10. Landscaping shall be maintained in a neat, clean and healthy condition. This shall include
proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement when
necessary, and the regular watering of all plantings.
11. Final landscape and irrigation plans to be approved by City prior to building permit. Trees
planted in the up to 5 feet wide landscape perimeter shall be of minimum 24-inch box size.
All trees in perimeter landscape areas greater than 5 feet wide shall be minimum 36-inch
box size. Type of trees subject to approval by Director of Public Works.
12. All signs shall comply with Section 28-1810 of the Code pertaining to automobile service
stations.
13. No alcohol shall be sold in the convenience market. If the operator desires to sell any
alcohol in the future, the Planning Commission must specifically approve a modification to
this Conditional Use Permit.
14. Car wash hours of operation are limited to 7:00 AM until 10:00 PM daily.
15. Car wash equipment shall be properly maintained in order to minimize noise impacts to
nearby properties.
16. 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 PM and 7:00 AM.
17. No video games, arcade games or similar amusements shall be permitted on the premises
unless a separate Conditional Use Permit is approved for that use.
18. 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 of operations of the property.
19. 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
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PC Resolution No. 08-24
Conditional Use Permit 05-10 (After-the-fact Extension)
2950 Westminster Avenue (Chevron Station)
September 3, 2008
Development Services, or notarized and returned to the Planning Department; and until the
ten (10) calendar-day appeal period has elapsed.
20. This CUP shall become null and void unless exercised by April 18, 2009, or such
additional 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.
21. The term of this permit shall be twelve (12) months, beginning the first day of operation of
the new service station. At the end of the initial term, the applicant may apply to the City
Planning Commission for an Indefinite Extension of CUP 05-10. The Planning
Commission may grant an extension as discussed above, provided that all 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 submitted
to the City prior to consideration of any extensions.
22. 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 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 permitted by
this Conditional Use Permit, 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 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 such 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 September 2008 by the following vote:
AYES: Commissioners Massa-lavitt, Bello, Delay, and Eager
NOES: Commissioners None
ABSENT: Commissioners Deaton,
ABSTAIN: Commissioners None
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~ aJ~~
Lee Whittenberg
Secretary, Plannmg CommIssIon
*****
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PC Resolution No. 08-24
Conditional Use Permit 05-10 (After-the-fact Extension)
2950 Westminster Avenue (Chevron Station)
September 3, 2008
~~ht-
Vice-Chairperson, Planning Commission