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HomeMy WebLinkAboutPC Res 06-16 - 2006-03-22 RESOLUTION NUMBER 06-16 OR/S//1I IV4~ , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING 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 (COLLEGE PARK MOBIL) 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 \Vlth the Departmcnt of Development Services for a remodel and addition of a convemence market to an existing automobile services station with 24-hour opcratIons at 4000 Lampson A venue, Seal Beach. Section 2, Pursuant to 14 California Code of Regulations ~15305 and ~I1(B) of the Clty'S Local CEQA Guidelines, staff has determined as follows the application for Conditional Use Permit 06-3 for an automobile service station with 24- hour operation and a convemcnce market is categorically exempt from rcvlcw pursuant to thc California Environmental Quality Act pursuant to l4 California Code of Regulations ~15301 (Existmg Facilities), bccause the proposal involves a negligible cxpansion of an eXIsting use; pursuant to ~l5305 (Minor AlteratIOns m 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 Permit 06-3 Section 4, Based upon the facts contained in the record, includmg those stated in this resolution and pursuant to the CIty Code, the Planning CommIssIon makes the following findings (a) On February 15,2006, Rakesh Bhakta applied for Conditional Use PermIt (CUP) 6-3 with the Department of Dcvclopment Services for a remodel and addition of a convenience market to an existing automobile services station With 24-hour operations. Planmng COlllllmSlOn ResolutlOl1 06-16 COlld'tlOnal VIe Permit 06-3, 4000 Lampwn Ave Manh 22, 2006 (b) Specifically. the apphcant is seeking to remodel and add approximately 490 square feet to the butldmg under the eXisting roof to enclose the front patio area for the expanded cashicr area and convenience market and enclose thc open hallway to the restrooms to provide mterior access from the market area The application also includcs construction of a new 226 5 square foot storage arca in the rear with roof to match the existing structure. (c) No sale of alcohol IS proposed m the new convemence market. (d) The subJect property has operated as an automobile serVIce statIOn since 1968. The City has granted the following approvals at this locatIOn: Plan Review ]7-67 for a new Mobil station on Novembcr 1. 1967, VarIance 1-89 on March 15, 1989 to allow a variance from the mmimum lot size reqUlremcnt of 22,500 square feet for the 22,112 square foot lot, Conditional Use Permit 14-88 on March 15, 1989 for remodel, new pump islands and dIspensers. and Conditional Use PermIt 97-14 for addilton of a l27 square foot menanme within the e"isting automobile scrvice station, (e) The subJect proPCrtY currently contains a Mobil Service Station with three auto repair bays. The auto repair facilitIcs will remain m the rcmodcled servICe station (f) The subJect property is described as Orangc County Assessor's Parcel Number 217-231-0 I and is located at the southeast comer of Lampson Avenue and Basswood Street (g) The surrounding land uses and .loning are as follows' NORTH SOUTH Across Lampson ^ venue, the Old Ranch Country Club and golf course in the Public Land Use/Recreation (PLU/R) zone Multi-family rcsidential townhousc development m thc Residential Medium Density (RMD) zonc MultJ-family residential toV'mhouse developmcnt In the Residcntml Medium DenSlly (RMD) zonc Across Basswood Street, the Seal Beach Tcnnls Club in the Public Land U&e/Recreation (PLutR) zone EAST WEST (h) The Seal Bcach Police Departmcnt has reviewed thc apphcation and plans and has no objecltons. (i) to the application As of March 22, 2006, Staff has received thrcc letters of opposition 0) The applicant has agreed to work with the Old Ranch Townhomes Association to dctcmllne whether thc fcnce &eparating the automobile service station and convenience market from adjacent reSIdential propertIes adequatcly shields the residential 2 Planl7lng Co","",,,on Re.10/1ll101l 06-16 Cond,lwnal V,a PermIt 06-3, 4000 Lampsoll Ave Mal ch 22. 2006 properties from the adverse impacts of the operation of the business, such as exccss noise and hght. The applicant has agrecd to exercIse reasonable diligence to find solutions to thc problems identified through such diScussIons prior to the expiratIOn of the initial term of this CUP SectIon 5. Ba~cd upon the facts contained in the record, mcluding those stated in ~4 OfthIS resolution and pursuantto ~~28-1400, 28-2318. 28-2503 and 28- 2504 of the City's Code, the Planning CommIssion makes the followmg findings: (a) Conditional Use Permit 06-3 for a service stal10n With convcnience market is consistent with the provIsions of the Land Use Element of the City"s General Plan, which provides a General Commercial 70ning deSIgnation for the subject property and permits automobIle scrvice stations subject to the issuance of a condItional use permit. The use IS also consistent with the rcmaining elements of thc City"s General Plan, as the policies of those elements arc consistent V\1th, and rctlccted in, the Land Use Element. Accordingly, the proposed use is consistent with thc General Plan, (b) The buIlding and property at 4000 Lampson A venue are adequate in size, shape, topography and location to mcct the needs of the proposcd use of the property. The property IS approxImately .52 acres In arca, and provIdes an adequate number of parking spaces. (c) 1he building and propcrty al 4000 Lampson Avcnue, as conditIOned, meets all criteria for automobllc service stations set forth in the Code. (d) A scrvice station has operatcd on the property smce 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 surroundmg uses and the community in general. The subJcct property is dIrectly adJaccnt to a residential zonc and 24-hour operatJon would likely result in an Increase in noise. light. traffic and crime that would be incompatible With rcsidential uses. Section 6 Bascd upon the forcgomg, the Plannmg Commission hereby approves Conditional Use Permit 06-3. subjcct to the following conditions: I CUP 06-3 is approved for an automobIlc service station with a convenience market. 2. All development shall be in substantIal conformance to plans submitted for CUP 06-3. 3 Automobile service slation and convenience markct hours of operations are limited to. 5:00 a m. to 1200 midnight daily. Automol1ve repair activities are limited to' 7'00 a.m. to 8:00 p.m, Monday through Fnday, 8 00 a,m, to 8:00 p.m. on Saturday, Sunday and hohdays. 3 Planmng ComnllsslOn ResolutIOn 06-16 Condmol/al lj,e Permtl 06-3, ./000 Lampwn Ave Manh 22, 2006 4 Delivery hours are limited to 7:00 a m. to 8'00 p.m. dally Delivery hour limitatIOns do not apply to gasoline delivcries. 5. No exterior doors shall be installed in the new rcar storage area, 6 Thc applicant shall providc additional landscaping areas to achIeve 5% landscaping coverage on the site. A landscape plan showing addItIonal arcas must be approvcd by the Director of Development Services pnor to building permit Issuance. 7 Displays of merchandise shall not be located further than 5 feet from the service station bUilding, With the exception of 011 products necessary for dally dircct service to automobiles may be on thc pump island and hmIted to 6 fcct in height. 8, All hghting shall be designed and located so as to confine direct rays to the premises. Lightmg shall bc maintained in such a way to minimize impacts to adjacent properties yet provide adequate sccurity lighting, A hghting plan shall be reviewed and approved by the Development ServIccs Department prior to issuance of a building permit. 9 Permanent watering facihtIes shall be maintained for all landscaped areas 10 Landscaping shall be mamtamed m a neat, clean and healthy conditIOn This shall include proper prumng, mowing of lawns, weedmg, removal of litter, ferttlizmg, replaccmcnt when necessary, and the regular watering of all plantings. II. All SIgnS shall comply With SectIon 28-1810 of the Codc pcrtaining to automobIle service stations 12 No alcohol shall be sold in the convenience market. 13. Litter and trash receptacles shall bc located at convenient locations mSlde and outside the establishmcnt. Operators of such e~tablishment shall rcmove trash and debris on an appropriate basis so as not to cause health problcms, There shall be no dumping of tra~h and/or glass bottles outside the estabhshment betwecn thc hours of 10:00 p,m. and 7:00 a m 14. No VIdeo games, arcade games or similar amusements shall be permittcd on the premises unless a separate Conditional Usc Permit is approved for that use, l5. In the event Staff determines that security problcms exist on the SItc, the conditIons of this permit may bc amended, under thc procedures ofthc Seal Beach Mumcipal Code, to reqUlrc the provision of additional security measures 4 Planning Com'nI'l/on ResolullOn 06-16 Conditional U,e Pe, In,t 06-3, .1000 Lampwn Ave M",ch 22.2006 16, The establishment shall comply with Chapter 7.15, "NOIsc Control" of the Seal Bcach Municipal Code as thc provisions of that Chaptcr now exist or may hereafter be amcnded. Should complamts bc received regarding nOise generatcd by the establishment, the Plannmg CommIssion reserves the right to schedule this permit for reconsIderatIOn and may require the apphcantlbusiness operator to mitigate the noise level to comply With the provIsions of Chapter 7,15, in addition to any other remedies provided by law 17. 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 substanttal change in the mode or character of opcrations of lhe property. 18, This CUP shall not bccome effecl1ve for any purpose unless/until a City "Acceptance of ConditIOns" form has bccn signed by the apphcant m the prcsence of the Director of Development Services, or notarIzed and returned to the Planmng Department. and until the ten (10) calendar-day appeal penod has elapsed. 19 This CUP shall become null and void unlcss exercised withm one (I) year of thc date of final approval, or such extension of time as may be granted by the Plaiming Commission pursuant to a writtcn request for extension submtttcd to the Department of Developmcnt Services a minimum of ninety (90) days prior to such expiration date. 20. The applicant shall contact the Old Ranch Townhomes AssociatIOn prIor to May I, 2006 to confer over whether the fence separatmg thc automobile service station and convemcncc market from adJaccnt residential properties adcquately shields thc residential properties from the adverse Impacts of the operation of the businc~s, such as excess noisc and light The applicant has agreed to exercise reasonablc dlhgence to find solutions to the problems idcntlfied through such discus;lOns proper to the expiration of the initial term ofthis CUP 21. The term of this permit shall be six (6) months, beginning the first day of operation of the new convenience market At the end of the inittal term, the applicant may apply to the City Planmng Commission for an Indefinitc Extension of CUP 06-3 Thc Planning Commission may grant an extcnsion as discussed above, provldcd that all Condittons of Approval have bccn met and no SIgnificant pohce or other problems havc occurred, The applicant is hereby adVised that a new application and accompanying fee must be submitted to the City prior to consideration of any cxtensions. 5 Plann/lll{ Comm",wn Resollllwn 06-16 ConditIOnal Use I'ernlll 06-3,4000 Lamp.lon Ale March 22. 2006 22. The applicant shall mdcnmify, defend and hold harmless City. Its officers, agents and employees (collectively "the City" hereinaftcr) from any and all claIms and losses whatsocver occumng or resultmg to any and all persons, firms, or corporations fumIshmg or supplying work, services, materials, or supplies m 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 arismg from the granting of or the exercise of the rights pcrmitted by this Conditional U;e PermIt. and from any and all claims and losses occurring or resultmg 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, ApplieanCs obligatIOn to indemnifY, defend and hold harmless the City as stated herein shall include, but not bc limited to. paying all fees and costs mcurred by legal counsel of the City's choice in representing the City in connection with any such claims. losses, laWSUits or actions, expert witness fecs, and any award of damages, judgments, verdicts, court cost; or attorneys' fees in any such laWSUit or action. PASSED, APPROVED AND ADOPTED by the Planmng CommiSSIOn of the City of Seal Beach at a meetmg thereof held on the 22nd day of March, 2006, by the following vote AYES: CommISSIOners NOES: Commissioners ABSENT: Comnus;ioners d'~~ Gordon Shanks. Cha an Planning CommISSIon e Whittenberg ecretary of the Planning CommIs Ion 6