HomeMy WebLinkAboutPC Res 92-47 - 1992-11-18
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RESOLUTION NUMBER 92-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CUP NO 92-17, PERMITTING AN
AUTOMOBILE SERVICE STATION AT 347 MAIN STREET TO CONTINUE
TO OPERATE BETWEEN THE HOURS OF 2 00 A M AND 6 00 AM
(SHELL OIL)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
Section 1 On October 13, 1992, Shell 011 Company ("The Apphcant") filed
an applicatIOn for CUP 92-17 With the Department of Development SeTVIces The apphcant seeks
to contmue to operate an automobIle service station between the hours of 2 00 a m and 6 00 a m
Tins apphcatlon has been filed m response to City Ordinance 1348 which reqUIred all eXIstmg
busmesses which are lackmg a reqUIred use permit to apply to the City for such a use pemut
Wlthm SIX (6) months of approval of said ordinance
SectIon 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II B of the
City's Local CEQA GUldehnes, staff has determined as follows The apphcatlon for CUP No
92-17 IS categoncally exempt from review pursuant to the Cahforma EnVIronmental Quahty Act
pursuant to 14 Cahf Code of Regs ~ 15301 (Existing Uses), because It Involves the neghglble
expansion of an eXisting use, pursuant to ~ 15305 (Minor Alterations In Land Use LImitatiOns),
because the proposal mvolves a mmor alteration In a land use hnutatlOn and does not Involve
either a property m excess of20% slope or a change In land use or density, and finally, pursuant
to ~ 15061(b)(3), because It can be seen WIth certainty that there IS no POSSlblhty that the
approval may have a slgmficant effect on the enVlronment
Section 3 A duly notIced pubhc heanng was held before the Planning
ComnusslOn on November 5, 1992 to consider the apphcatlon for CUP No 92-17 EVidence,
both wntten and oral, was submitted for and agamst the proJect
SectIOn 4
The record of the heanng on November 5, 1992 indicates the
follOWIng
(a) The subject property IS legally descnbed as Lots 35, 37 and 39 of Block
208 of Stanton and Lothian's First Addition to Bay City, m the City of Seal Beach, County of
Orange, State ofCahfornla, as per map recorded In book 3 page 29 of Miscellaneous Maps, m the
office of the county recorder of said county
(b) The subJect property IS located on the southwestern comer of Pacific Coast
Highway and Main Street and contains approximately 14,616 square feet The property has
approxImately 105 feet offrontage on PaCific Coast Highway and approximately 113 feet of
frontage on Main Street The property IS generally flat and a rectangular and contams three (3)
lube bays and three (3) pump Islands
(c) The subject property's surroundmg land use and wning classIfications are
as follows
NORTH
A bank located across Pacific Coast Hlghway m the General
CommercIal wne, (C-2)
SOUTH & EAST
A mIxture of commercIal uses located m the C-2 wne along
Pacific Coast HIghway and the SeTVIce CommercIal (C-l)
zone along Main Street
WEST
A fast food restaurant m the C-2 zone and a mixture of
residential uses located m the ResIdential High Density
(RHO) zone
(d) The subJect property IS legally nonconfornung due to Inadequate lot area
and street frontage, as well as, msufficlent on-sIte parkmg
(e) The subject property has received the followmg approvals from the
Planmng CommisSIon
(1) VAR 1-64 Approval ofa Use Vanance whIch allowed the
construction of the Service Station
(2) V AR 18-69 Approval allowed for the constructIon of pump Island
canopy
(3) V AR 1-72 Approval allowed for the mstallatlOn of a storage bm
(t) Vanances 18-69 and 1-72 were approved after the proVISIons settmg forth
development standards for automobile servIce stations (Section 28-2318) were added to the
Code
(g) The subject servIce statIOn has been operating 24 hours per day for a
number of years WIth no record of complamts or pohce-related problems
(h) The City receIved one wntten comment In opposItion respondmg to the
notIces of the hearing on CUP No 92-17
Section 5 Based upon the facts contamed m the record, mcludlng those stated m
fi 4 of tins resolutIon, and pursuant to fifi 28-2503 and 28-2504 of the Clty'S Code, the Plarmmg
Comnusslon hereby finds as follows
(a) CUP No 92-17 is consistent With the prOVISIons of the Land Use Element
of the Clty'S General Plan, which prOVIdes a "general commercIal" deSIgnatIOn for the subJect
property and pemuts automobile service stations subject to the Issuance of a ConditIOnal Use
Pemut The use IS also consistent WIth the remaming elements of the CIty's General Plan as the
pohcies of those elements are consistent with, and reflected m, the Land Use Element
Accordmgly, the proposed use IS consistent with the General Plan
(b) The bulldmg and property at 347 Mam Street are adequate in size, shape,
topography and locatIOn to meet the needs created by the proposed use of the property
(c) ReqUIred adherence to applIcable bUlldmg and fire codes ensures there WIll
be adequate water supply and Utlhtles for the proposed use
(d) As conditIOned hereby, approval ofan automobIle seTVIce statIOn operatmg
between the hours of2 00 a m and 6 00 a m at the sIte will be compatible WIth surroundmg uses
and the commumty m general and Will not be detnmental to the neighborhood
Section 6 Based upon the foregomg, the Planmng CommissIon hereby
approves CondItIOnal Use Permit 92-17, subject to the followmg conditions
1 CUP 92-17 IS approved to permit an eXlstmg automobile seTVIce station to
operate between the hours of2 00 a m and 6 00 P m and IS Issued to Shell 011 Company
CUP 92-17 IS non-transferrable
2 ThiS conditional use permit shall not become effective for any purpose
unless an "acceptance of conditions" form has been Signed by the apphcant and property owner,
notanzed or Signed before a City staff member subject to proper IdentIficatIOn, and returned to the
Department of Development Services, and untIl the ten (10) day appeal penod has elapsed
The Plamung CommiSSion reserves the nght to revoke thiS condlllOnal use permit If any VIolation
of these conditions or the Code of the Cltv of Seal Beach occurs
3 The term of this permit shall be twelve (12) months, after which tIme the
applIcant may apply for an extensIOn of CUP 92-17 The ComnusslOn may grant an mdefimte
extensIOn prOVIded that all condItions of approval have been met and no slgmficant pohce or other
problems have occurred The applIcation fee for a requested extensIOn shall be waived at the end
of the twelve (12) month revIew penod
4 A new Conditional Use Permit shall be obtamed when any of the follOWIng
occur
(a) transfer of ownership of the lIcense IS proposed,
(b) proposed expansion of use on the premIses, or
(c) remodelIng or reconstruction of the eXlstmg faCIlities
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5 The permittee shall not be permItted to receIve dehvenes or to perform
outdoor mamtenance actiVIties between the hours of2 00 a m and 6 00 a m The apphcant IS
renunded of ItS obhgatlons pursuant top Chapter 13D Mumcrpal ~ regardmg nOIse control
PASSED, APPROVED AND ADOPTED by the Planmng CommIssion of the City of Seal Beach
at a meetmg thereof held on the 18th day of November 1992 by the followmg vote
AYES CommISSIoners
OrSlnl, Sharp, Flfe, Dahlman, Law
NOES ComnusslOners
ABSENT CommIssIoners
e W1nttenberg, Secretary
Planmng CommiSSIon
