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HomeMy WebLinkAboutPC Res 1409 - 1986-11-19 ~ . . RESOLUTION NO. 1409 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, DENYING WITHOUT PRE3UDICE CONDITIONAL USE PERMIT 2-86, A REQUEST TO MODIFY AND MODERNIZE AN EXISTING OIL FILTRATION, EXTRACTION FACILITY LOCATION AT 99 MARINA DRIVE. THE PLANNING COMMISSION DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, OnnDecember 19, 1985 an application for CUP 2-86 was duly filed by 30hn F. Dowling on behalf of Chevron U.S. A., Inc. and accepted by the City. WHEREAS, The applicant is requesting authorization to modify an existing oil filtration/extraction faCility in order to upgrade and modernize the equipment. WHEREAS, A public hearing was duly noticed and held on November 19, 1986 for CUP 2-86. WHEREAS, The use of the land is appropriate for the zone subject to a CUP and the zoning is compatible with the General Plan. WHEREAS, A public hearing was duly noticed and held on August 4, 1986, and after public testimony the Planning Commission rejected the proposed Negative Declaration and required the preparation of an Environmental Impact Report. WHEREAS, This determination by the Planning Commission used the fair argument standard; that the public identified potential environmental effects that may be significant and presented a fair argument that the proposed project may have a significant effect on the environment. WHEREAS, The California Environmental Quality Act requires a jurisdiction to certify an environmental impact report and make a determination on a proposed project within one year after it is formally filed. WHEREAS, CEQA states that if an applicant unreasonably delays the preparation of that document through lack of cooperation, the jurisdiction may disapprove the proposed project without prejudice. WHEREAS, A denial without prejudice will allow the applicant to begin the project where it left off at the denial, and does not make any findings stating that the proposed use will be detrimental to the pUblic health, safety or general welfare. .: ..". . e Resolution 1409 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby disapprove without prejudice Conditional Use Permit 2-86. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19~ day of Mvem/J.l)t-> , 1986 by the following vote: AYES: Commissioners {'tJ1H~kn11 ~ILV.. t;;;:.~ _\ b!Ad"LJ ~ '\!' 'O:;;L~ ABSENT: Commissioners Commissioners ~~ NOES: ABSTAIN: Commissioners ~ hairman of th