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HomeMy WebLinkAboutPC Res 93-15 - 1993-03-17 , RESOLUTION NUMBER 93-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 93-7, PERMITTING AN AUTOMOBILE SERVICE STATION AT 350 MAIN STREET TO CONTINUE TO OPERATE BETWEEN THE HOURS OF 2.00 AM AND 6'00 A M (SEAL BEACH CHEVRON) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On February 5, 1993, Ralph Williams, Seal Beach Chevron ("The Applicant") filed an application for CUP 93-7 with the Department of Development Services The applicant seeks to continue to operate an automobile service station between the hours of 2:00 a.m. and 6 00 a.m This application has been filed in response to City Ordinance 1348 which required all existing businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance Section 2 Pursuant to 14 Calif Code of Regs. ~ 15025(a) and ~ II A of the City's Local CEQA Guidelines, staff has determined as folIows. The application for CUP No 93-7 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15301 (Existing Uses), because the application is for an existing use which is not expanding; pursuant to ~ 15305 (Minor Alterations In Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of2001o 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 possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on March 17, 1993 to consider the application for CUP No 93-7 No evidence, written or oral, was submitted for or against the project Section 4 The record of the hearing on March 17, 1993 indicates the folIowing. (a) On February 5, 1993, Ralph Williams, Seal Beach Chevron filed an application for CUP 93-7 with the Department of Development Services (b) The applicant is requesting approval to continue to operate an automobile service station between the hours of2.00 a m and 6'00 a m. This application has been filed in response to City Ordinance 1348 which required all existing businesses which are lacking a required use permit to apply to the City for such a use permit within six (6) months of approval of said ordinance. (c) The subject property is legalIy described as Lots 42,44,46,48, 50 and 52 of Block 209 of Stanton and Lothian's First Addition to Bay City, in the City of Seal Beach, County of Orange, State of California, as per map recorded in book 3 page 29 ofMiscelIaneous Maps, in the office of the county recorder of said county. (d) The subject property is a rectangular parcel contaimng approximately 17,625 square feet in land area with approximately 105 feet of frontage on Pacific Coast Highway and approximately 150 feet of frontage on Main Street containing four (4) lube bays and two (2) pump islands (e) The surrounding land use and zoning are as folIows NORTH - A bank located across Pacific Coast Highway in the General Commercial zone, (C-2) and the Seal Beach Center shopping center located in the Service Commercial zone, (C-l) Plannmg Col1Ull1sslOn Rcsolul1on No 93-15 ConmUonal Use Permit 93-7 SOUTH & WEST - A mixture of commercial uses located in the C-2 zone along Pacific Coast Highway and the C-l zone along Main Street EAST - A mixture of commercial uses located along Pacific Coast Highway in the C-2 zone and a mixture of residential uses located in the Residential High Density (RHD) zone. (f) The subject property is legally nonconforming due to inadequate lot area and street frontage, and a required conditional use permit to be open for business between the hours of2 00 a m and 6.00 am. (g) The subject property previously received CUP 1-72 which alIowed the reconstruction of a nonconforming service station. (h) The subject service station has been operating 24 hours per day for three (3) years with no record of complaints or police-related problems (i) The City received no written comments responding to the notices of the hearing on CUP No 93-7 Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City's Code. the Planning Commission hereby finds as folIows (a) Staff inspected the subject property on March 2, 1993, and found that the service station meets all requirements of the Code, excluding lot size and street frontage (b) Conditional Use Permit 93-7 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 businesses operating between the hours of2.00 a m and 6 00 a m and automobile service stations 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 (c) The building and property at 350 Main Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property (d) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. ( e) The subject service station has been operating 24 hours a day for a number of years with no history of extraordinary demands for police services or of nuisance complaints from neighboring residents Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 93-7, subject to the folIowing conditions' 1 CUP 93-7 is approved to permit an existing automobile service station to operate between the hours of2 00 a m and 6 00 a m. and is issued to Ralph Williams, Seal Beach Chevron 2. This conditional use permit shall not become effective for any purpose unless an "acceptance of conditions" form has been signed by the applicant and property owner, notarized 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 period has elapsed 3. The Planning Commission reserves the right to revoke this conditional use permit ifany violation of these conditions or the Code of the City of Seal Beach occurs. . Plannmg ComnllSSlon ResoluUon No 93-15 Conml1onal Use Pcrnut 93-7 4. A new Conditional Use Permit shall be obtained when any of the following occur (a) proposed expansion of use on the premises, or (b) remodeling or reconstruction of the existing facilities. 5. The applicant is reminded of its obligations pursuant top Chapter 13D Municipal Code regarding noise control PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of March 1993 by the following vote AYES' Commissioners Law. Shlllll. Soukup NOES' Commissioners --- ABSENT: Commissioners Dahlman. Fife / .' ~ e Whittenberg, Secretary l/ Planning Commission '.