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Home My WebLink AboutPC Res 92-46 - 1992-11-18 ~. RESOLUTION NUMBER 92-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 92-9, PERMITTING AN AUTOMOBILE SERVICE STATION AT 1300 PACIFIC COAST HIGHWAY TO CONTINUE TO OPERATE BETWEEN THE HOURS OF 200 A M AND 600AM (G&MOILCOMPANY) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIon I On August 17, 1992, G & M Oil Company ("The Apphcant") filed an apphcatlon for CUP 92-9 WltIt the Department of Development SeTV1ces The applicant seeks to continue to operate an automobde seTVIce statIon between the hours of 2 00 a m and 6 00 a m ThIs apphcatlon has been filed In response to CIty Ordinance 1348 winch required all existing busmesses winch are lackIng a reqUIred use permit to apply to the City for such a use permit Wlthm SIX (6) months of approval of said ordmance 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 applicatIon for CUP No 92-9 IS categoncally exempt from reVIew pursuant to the California EnVironmental Quahty Act pursuant to 14 Calif Code of Regs ~ 15301 (Exlstmg Uses), because It mvolves the neghglble expansIOn of an exJstmg use, pursuant to ~ 15305 (Mmor AlteratIOns ID Land Use LlnutatlOns), because t1te proposal mvolves a nunor alteratIon In a land use hmltatlon and does not involve ettlter a property m excess of20% slope or a change m land use or denSity, and finally, pursuant to ~ 15061(b)(3), because It can be seen With certlUnty that there IS no pOSSIbility that the approval may have a slgmficant effect on the enVIronment Section 3 A duly notIced public heanng was held before the Plamung ComnusslOn on November 18, 1992 to conSIder the application for CUP No 92-9 EVIdence, both wntten and oral, was submitted for and against the proJect SectIon 4 The record of the heanng on November 18, 1992 mdlcates the follOWIng (a) On August 13, 1992, G & MOil Company, Inc filed an apphcatlon for CUP 92-9 WIth the Department of Development SeTVIces (b) The apphcant IS requesting approval to contmue to operate an automobile seTVIce station between the hours of2 00 a m and 6 00 a m ThiS apphcatlon has been filed In response to City Ordinance 1348 winch reqUIred all existing busmesses winch are lackmg a reqUIred use pemut to apply to the CIty for such a use perrmt Wlthm SIX (6) months of approval of slUd ordmance. (c) The subject property IS legally descnbed as Lots 30, 32, 34 and 36 m Block 213 of Tract 10, CIty of Seal Beach, County of Orange, State of Call forma, as per Map recorded m Book 9, Page 10 of Miscellaneous Maps, In the records ofsaJd county (d) The subject property IS a rectangular shaped parcel contalmng 10,000 square feet in land area WIth approXImately 100 feet of frontage on PacIfic Coast I:IJghway The station contams three (3) self-serve pump Islands all served by a central kIosk (e) The subJect property IS legaIly nonconfomung due to Inadequate lot area and street frontage (f) The surrounding land use and zomng are as follows NORTH Smgle family reSIdences located across PaCIfic Coast Highway in the ReSidential Low DenSIty zone, (RLD) C \AMIPR.O\DOCS\CUP\R92!J Bee be - , . . Plannmg ComnuISIOII RcsolutJ0Il92-46 EAST & WEST A mixture of general commercial uses, mcludmg a bank located directly to t1te east and a sporting good store located dIrectly to the west In the GeIteral Commercial wne, (C-2) SOUTH A nuxture of smgIe famdy and multi-family dwellmgs located m the Residential Medium Density wne, (RMD) (g) The Planmng ComnusslOn granted the follOWIng approvals to the subJect property CUP 3-69 InstallatIon of an Ice vendmg maclnne at eXlstmg seTVIce statIon SIgn change offace SIgn change offa.ce InstallatIOn of an Ice vendmg machme Sign change offace PR 2-72 PR 17-92 CUP 5-73 PR 22-76 (h) The subJect SerVIce station has been operatmg 24 hours a day for over 20 years WIth no history of complamts or police-related problems associated WIth the round-the-clock service (I) Atthe November 4, 1992, Plamung ComnusslOn heanng on CUP 92-17 (Shell 011, 347 MlUn Street), one speaker spoke out regardmg late mght storage tank filbng operations at 1300 PacIfic Coast HIghway (J) The City receIved one wntten comment m opposition respondmg to the notices of the hearing on CUP No 92-9 SectIon 5 Based upon the facts contamed m the record, Includmg those stated m ~ 4 of this resolution, and pursuant to ~~ 28-2503 and 28-2504 of the CIty'S Code, the Plamtmg ComnusslOn hereby finds as follows (a) CUP No 92-9 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 pemuts automobile seTVIce statIOns subJect to the Issuance of a ConditIOnal Use PermIt The use IS also consIstent WIth the remmmng elements oftlte City'S General Plan as the poliCIes of those elements are consIstent WIth, and reflected m, the Land Use Element AccordmgIy, the proposed use IS consistent WIth the General Plan (b) The buddmg and property at 1300 PaCific Coast HIghway are adequate m SIZe, shape, topography and location to meet the needs created by the proposed use of the property (c) ReqUITed adherence to appbcable bUIlding and fire codes ensures there wtll be adequate water supply and utilities for the proposed use (d) As condItioned hereby, approval of an automobile seTVIce station operating between the hours of2 00 a m and 6 00 a m at the site WIll be compatIble WIth surrounding uses and the commumty In general and WIll not be detrimental to the neighborhood ( e) The subJect seTVIce statIon has been operating 24 hours a day for over 20 years WIth no police or other related problems (t) The prolnbltlon of storage tank filling between the hours of2 00 a m and 6 00 a m WIll Iinut the late mght nOIse associated With the seTVIce statIon Section 6 Based upon the foregomg, the Planmng CommiSSIon hereby approves ConditIOnal Use Permit 92-9, subJect to the follOWIng condItIOns C \AMIPRO\DOCS\CUJ1'1R92 9 ace be Page 2 . . . P1amuog ComnussIon ResolutlOD 92-46 I CUP 92-9 is approved to permit an eXIstmg lUltomob1le serVIce station to operate between the hours of2 00 a m and 6 00 P m and IS issued to G & M 011 Company, Inc 2 CUP 92-9 IS non-transferrable 3 Tins conditIonal use pemut 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 SeTVIces, and until the ten (10) day appeal penod has elapsed 4 The Planmng CommIssion reserves the nght to revoke thIS conditIOnal use permit If any ViolatIOn of these conditIOns or the Code of the City of Seal Beach occurs 5 The pemuttee shall not be permitted to receive dehvenes or to perform outdoor mlUntenance actiVities between the hours of2 00 a m and 6 00 a m The apphcant IS renunded of ItS obhgatlons pursuant top Chapter 13D Mumclpal Code regarding nOise control 6 A new CondltlOnaJ Use Permit shall be obtained when any of the follOWing occur (a) transfer of ownership of the busmess IS proposed, (b) proposed expansion of use on the prenuses, or (c) remodehng or reconstructIOn of the exlstmg faclhtles 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 follOWIng vote AYES CommiSSIoners Fife. Shafll. Dahlman. Law NOES CommiSSIOners ABSENT CommiSSIoners Orsini C \AMIPRO\DOCS\CUP\R92:' ace be Page 3