HomeMy WebLinkAboutPC Res 92-43 - 1992-10-21
RESOLUTION NUMBER 92-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDmONAL USE PERMIT
92-16, A REQUEST TO OPERATE AN EXISTING AUTOMOBILE
SERVICE STATION BETWEEN THE HOURS OF 2 00 A M AND
6 00 A MAT 2950 WESTMINSTER AVENUE (JIM'S CHEVRON)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE
WHEREAS, on August 24, 1992, JIffi Holechek filed an applIeatlon for CUP 92-16 WIth the
Department of Development Services, and
WHEREAS, the applIcant IS rcquestmg approval to contmue to opcrate an automobile serVIce stallon
bctween the hours of 2 00 a m and 6 00 a m TIus apphcatlon has been filed In response
to City Ordmancc 1448 which reqUired all exJstmg bus messes which are lackmg a reqUired
use permit to apply to the City for such a use penrut Wlthm SIX (6) months of approval of
smd ordmance; and
WHEREAS, the subject property IS legally dcscnbed as Orange County Asscssor's Parccl Number
95-010-49, and
WHEREAS, the subject property IS an Irrcgularly shaped parcel and, as shown 10 thc Site plan
subnutted, contams 28,90 I square feet 10 land area WIth approxmlately 410 feet of
frontage on Seal Beach Boulevard and approxunately 348 feet offrontagc on WcstJrunster
avenue contammg three (3) lube bays and two (2) pump Islands, and
WHEREAS, the surroundmg land use and zonmg are as follows
NORTH
MIxed commcrclal uses In Leisure World Center located across
WesUmnster Avcnuc 10 the Service Commercial zonc, (C-l)
SOUTII & EAST
The Seal Beach Naval Weapons Center located across Seal Beach
Boulevard 10 the Pubhc Land Usc zone, (PLU)
WEST
CommerCial bUlldmgs located In the General Commcrclal zone,
(C-2), and
WHEREAS, the Planmng Commission approved CUP 1-90 on March 7,1990, permlttmg a remodcl of
the exJs1mg Chevron Statlon at 2950 Wes1mmster Avenue, and
WHEREAS, subsequent to thc remodel approved through CUP 1-90 the statlon's hours wcre changed to
24 hours pcr day
WHEREAS, CUP 1-90 approved a large cashlcr area which was approved to be "uuhzed solely for thc
supply of goods and serVIces generally reqUired 10 operatIOn and mamtenance of
automobile velncles and fulfilhng of motonst automoUve needs and other of mCldental
motonst semces and products as reqUIred m SectIOn 28-2318(2)" In March of 1991 thc
CommiSSIon discussed whether the large quanUty of food Items exceeded the Codc's
mtended mcamng of inCidental motonst SCrVIces and products Thc Commission
dctermmed to allow the food mart to contmuc 10 Its current state, but requested staff
research mto a Code amcndment 10 further define the typcs of goods and services which
should be penrutted for sale at a service statlon Staff will provide a report back 10 the
COmmJsslon on thiS matter 10 the near future, and
WHEREAS, a duly notlced pubhc hearmg was hcld on October 21, 1992 to conSider CUP 92-16, and
WHEREAS, the Planmng Commission makes the followmg findings
I Staff Inspected the subJcct property on Octobcr 13, 1992, and found that the
serVIce staUon meets all reqUirements of the Code
2 The granting of CUP 92-16 IS COnsistent WIth the proVISIOns of the General Plan
winch mdlcate the subJcct property IS 10 be used for general commercial purposcs,
winch mcludes busmesses opcratmg between thc hours of 2 00 a m and 6 00 a m
C \AMIPRO\DOCS\CUP\R92 16 ace be::
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Planmng ComnusslOn ResoluUon 92-43
3 The bUlldmg and property at 2950 Westmmstcr Avenue are adequate m Size,
shape, topography and location to meet the needs of the proposed use of the
property
4 ReqUired adherence to apphcable bulldmg and fire codes ensure there WIll be
adequate water supply and utlhtles for the proposed use
5 Jun's Chevron has been operatmg 24 hours a day for approxunatcly 2 years WIth
no pohce or other related problems
NOW, THEREFORE BE IT RESOLVED that the Planmng COImmSSlon of the City of Seal Beach does
hereby approve of ConditIOnal Use Penmt 92-16 subject to the follOWIng conditIOns
1 CUP 92-16 IS approved to permit an eXISting automobile seMce station to operate between the
hours of2 00 a m and 6 00 P m and IS ISSUed to Jim Holechek
2 CUP 92-16 IS non-transferrable
3 This eondltlOnal use permit shall not become effective for any purpose unless an "acceptance of
condlUons" form has been Signed by the apphcant and property owner, notanzed or Signed before a
City staff member subject to proper Idenllficatlon, and returned to the Department of Development
SeMces, and until the ten (10) day appeal penod has elapsed
4 The Planmng ComnusslOn reserves the nght to revoke thiS conditIOnal use penmt If any VIOlatIOn
of these condluons or the Code of the City of Seal Beach occurs
5 A new CondItional Use Penmt shall be obtamed when any of the followmg occur
(a) transfer of ownership of the hcense IS proposed,
(b) proposed expansion of use on the premises, and
(e) Rcmodelmg or reconstruetlon of the existing fuclhUes
6 The approval of CUP 92-16 shall not be conSIdered as approval or acceptance of the eXlstmg food
mart The Plannmg Commission reserves the nght to conSider the food mart for comphance WIth
condition of approval #3 ofResoluuon 1570 (CUP 90-1) at a later date
PASSED, APPROVED AND ADOPTED by the Plannmg Comnusslon of the City of Seal Beach at a
meetmg thereof held on the 21st day of October, 1992, by the followmg vote
AYES Comnussloners Sham. Law. Fife. Dahlman. Orsml
NOES ConumsslOners
ABSENT ComnusslOners -
'/
'/I~Whlttenberg, Secretary
L/ Planmng ComnusslOn
C \AMIPRO\DOCS\C1.JP\R9 16 BCC be
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