HomeMy WebLinkAboutPC Res 08-25 - 2008-10-08
OR/G/N4l
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING THE
INDEFINITE EXTENSION OF CONDITIONAL USE
PERMIT 07-4, ALLOWING A TOWING SERVICE AS
AN ACCESSORY USE AT AN EXISTING
AUTOMOTIVE REPAIR BUSINESS AT 1000
PACIFIC COAST HIGHWAY (AUTOMOTIVE
EXCELLENCE).
RESOLUTION NUMBER 08-25
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On February 21,2007, Joseph Harris of Automotive Excellence of
Seal Beach filed an application for Conditional Use Permit 07-4 with the Department of
Development Services.
Section 2. On August 20, 2007, Joseph Harris of Automotive Excellence of
Seal Beach filed an application for the previously conditioned 6 month review of Conditional
Use Permit 07-4 with the Department of Development Services.
Section 3. On September 4, 2008, Joseph Harris of Automotive Excellence
filed an application for an Indefinite Extension of Conditional Use Permit 07-4 with the
Department of Development Services.
Section 4. The applicant is requesting the Indefinite Extension of Conditional
Use Permit 07-4, as conditioned in previous approvals, to permit a towing service as an
accessory use at an existing automotive repair business.
Section 5. Pursuant to 14 Calif. Code of Regs. ~ 15301, staff has determined
as follows: The application for Conditional Use Permit 07-4 (IE) for the requested land use
entitlement to conduct a towing service at an existing automotive repair business location is
categorically exempt from review pursuant to the California Environmental Quality Act pursuant
to 14 Calif. Code of Regs. ~ 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 of20% slope or a change in land use or density.
Section 6. A duly noticed public hearing was held before the Planning
Commission on October 8, 2008, to consider the application for the Indefinite Extension of
Conditional Use Permit No. 07-4. At the public hearing the Planning Commission received
written and oral evidence on the proposed proj ect.
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following:
Planning Commission Resolution No. 08-25
Conditional Use Permit 07-5 (Indefinite Extension)
1000 Pacific Coast Highway (Automotive Excellence)
October 8, 2008
Section 7.
The record of the public hearing of October 8, 2008 indicates the
(a) On February 21, 2007 Joseph Harris of Automotive
Excellence of Seal Beach filed an application for Conditional Use Permit 07-4 with the
Department of Development Services to permit a towing service as an accessory use at an
existing automotive repair business.
(b) On August 20, 2007, Joseph Harris of Automotive
Excellence of Seal Beach filed an application for the previously conditioned 6 month review of
Conditional Use Permit 07-4 with the Department of Development Services.
(c) On September 4, 2008, Joseph Harris of Automotive
Excellence filed an application for an Indefinite Extension of Conditional Use Permit 07-4 with
the Department of Development Services.
(d) The subject property IS located at 1000 Pacific Coast
Highway, in the C-2, General Commercial Zone.
NORTH:
SOUTH:
EAST:
WEST:
(e) Surrounding land uses and zoning are as follows:
Across Pacific Coast Highway the Seal Beach Center in the Service
Commercial (C-l) Zone, a community shopping center currently
undergoing renovation.
A church facility in the Public Land Use-Recreation (PLU-R) Zone.
Along the south side of Pacific Coast Highway, commercial businesses
fronting Pacific Coat Highway in the General Commercial (C-2) Zone
(Zoeter Place) with Zoeter Field located southerly of the shopping center
in the Public Land Use-Recreation (PLU-R) Zone.
Along the south side of Pacific Coast Highway, a sandwich shop fronting
Pacific Coat Highway with an insurance office and a swim school located
southerly along Tenth Street, extending a total distance of 100 feet, in the
General Commercial (C-2) Zone with a mix of single- and multi-unit
residences in the Residential High Density (RHD) Zone located further
south.
(f) The existing automotive repair business is located on a
property that has 117.5 feet of frontage on Pacific Coast Highway and is 75 feet in depth,
comprising 8,812.5 square feet of land area. The existing automotive repair business structure
comprises approximately 2,750 square feet ofthe lot area.
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Planning Commission Resolution No. 08-25
Conditional Use Permit 07-5 (Indefinite Extension)
1000 Pacific Coast Highway (Automotive Excellence)
October 8. 2008
(g) The subject property previously obtained the following
discretionary approvals.
D Variance 1-69 approving a sign at an existing service station.
D Variance 43-72, permitting the construction of a 4,000 square foot "auto
hardware" building subject to conditions.
D Plan Review 7-76, approving revisions to signs for a "Goodyear" tire store
on the subject property.
D Conditional Use Permit 07-4, to allow a vehicle towing operation as an
accessory use to an existing automotive repair business,
(h) On January 22, 2007 the City Council conducted a public
hearing regarding Zone Text Amendment 06-2, which defined "Towing Services' and specified
such use as a conditionally permitted use in the General Commercial (C-2) zone subject to
specified conditions. Upon concluding the public hearing the City Council introduced Ordinance
No, 1554, approving ZTA 06-2.
(i) On February 12, 2007 the City Council conducted second
reading and adopted Ordinance No. 1554, which became effective on March 14,2007.
G) The adopted Zone Text Amendment included a definition
for "Towing Services", and determined that such a use may be allowed within the C-2, General
Commercial Zone upon approval of a Conditional Use Permit, and be subject to certain specified
conditions as well as other conditions that the Planning Commission could impose based on the
public hearing testimony.
(k) The additional standards regarding this type of land use
when located within 300 feet of residentially zoned property are set forth in Section 28-
1400.K.1O.
(1) The requested use, as proposed to be conditioned, is
appropriate for the subject location. The "Additional Standards" set forth in Section 28-
1400.K.10 directly address the major concerns regarding the use of the subject property to
accommodate the accessory tow service business, in conjunction with the permitted auto repair
business activities
Section 8. Based upon the facts contained in the record, including those stated
in ~6 of this resolution and pursuant to ~~ 28-1400, 28-2504-2508 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 07-4 is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a "general
commercial" designation for the subject property and permits towing services 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.
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Planning Commission Resolution No. 08-25
Conditional Use Permit 07-5 (Indefinite Extension)
/000 Pacific Coast Highway (Automotive Excellence)
October 8, 2008
(b) The building and property at 1000 Pacific Coast Highway
are adequate in size, shape, topography and location to meet the needs of the proposed use of the
property. Required adherence to applicable building and fire codes ensures there will be
adequate water supply and utilities for the proposed use.
(c) The proposed conditions of approval will reduce potential
noise disturbance activities to the greatest extent feasible to ensure that the tow service
operations are not incompatible with surrounding uses of property, including residential uses as
close as 65 feet to the subject property.
(d) The requested tow service operation, if properly
conditioned and enforced, is compatible with the character of the surrounding area. Adherence
to conditions of approval placed on the use by the City of Seal Beach would mitigate any
negative impacts to neighboring residential properties.
Section 9. Based upon the foregoing, the Planning Commission hereby
approves an Indefinite Extension of Conditional Use Permit No. 07-4, subject to the following
conditions:
1. Conditional Use Permit 07-4 is approved for a towing service as an accessory use to an
existing automotive repair business at 1000 Pacific Coast Highway.
2. The tow service shall comply with all provisions of Section 28-1400.K.IO of the Seal
Beach Municipal Code.
3. This Conditional Use Permit 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 Planning Department;
and until the 10 day appeal period has elapsed.
4. A modification of this Conditional Use Permit shall be obtained 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
establishment.
5. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit if any violation of the Code of the City of Seal Beach, occurs, if the Seal Beach
Police Department or the Department of Development Services receive excessive
complaints regarding the business operation; or for those reasons specified by Article 28,
and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal
Beach.
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Planning Commission Resolution No. 08-25
Conditional Use Permit 07-5 (Indefinite Extension)
1000 Pacific Coast Highway (Automotive Excellence)
October 8, 2008
6. 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.
7. This Conditional Use Permit shall become null and void unless exercised within 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 90 days prior to such "expiration date.
8. 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.
9. Failure to comply with any of the aforementioned conditions may result in the 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 8th day of October 2008 by the following vote:
AYES: Commissioners Deaton, Delay, Massa-lavitt, and Eager
NOES: Commissioners None
ABSENT: Commissioners Bello
ABSTAIN: Commissioners None
~~~
llery Deaton
Chairperson, Planning Commission
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Lee Whittenberg
Secretary, Planning Commission
*****
Planning Commission Resolution No. 08-25
Conditional Use Permit 07-5 (Indefinite Extension)
J 000 Pacific Coast Highway (Automotive Excellence)
October 8, 2008
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