The URL can be used to link to this page

Home My WebLink AboutPC Res 93-06 - 1993-01-20 RESOLUTION NUMBER 93-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 92-2, A REQUEST TO PROVIDE LESS THAN THE REQUIRED COMMERCIAL DRIVE AISLE WIDTH IN CONJUNCTION WITH THE CONSTRUCTION OF A CAR WASH/QUICK LUBE ON A VACANT LOT AT THE BASE OF THE SUNSET WATER TOWER RESIDENCE (ORANGE COUNTY AP# 178-502-46) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On September 1, 1992, JeffOvereem ("The Applicant") filed an application for CUP 92-12 and Variance 92-2 with the Department of Development Services The applicant seeks to construct and operate an automobile car wash/quick lube on a vacant lot located at the base of the Sunset Water Tower residence In conjunction with the proposed use the applicant is proposing to provide less than the required drive aisle Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the City's Local CEQA Guidelines, staff has performed an initial environmental assessment as required by the California Environmental Quality Act and based upon the results of the initial environmental assessment has prepared a Negative Declaration In response to the mailed notice for Negative Declaration #92-5, the City received written comments back from the Orange County Environmental Management Agency, CALTRANS and the Southern California Gas Company expressing no concern with the proposed use On November 18, 1992, the Planning Commission received comments on the proposed Initial Study. On January 6. 1993, the Planning Commission, after receiving public comments on the initial study and proposed Negative Declaration, based upon the evidence contained in the initial study and presented during the public comment period, independently evaluated all evidence and testimony presented during the public comment period, and determined to adopt Negative Declaration 92-5 The Commission's action was based on the following findings: 1) Construction of the proposed structure, at approximately 15 feet in height, will not result in the obstruction of any scenic views, 2) noise associated with the proposed use of the property is not expected to exceed City noise standards, 3) the increase in emissions will not result in increased air emissions or deterioration of ambient air quality beyond projections by the South Coast Air Quality Management District, and 4) the proposed use of the property is projected to generate approximately 288 vehicle trips per day, City records indicate that both PCH and Anderson Street can accommodate the additional 24 vehicle trips per hour (12 arriving, 12 departing) Section 3 A duly noticed public hearing was held before the Planning Commission on November 18, 1992 to consider the application for Variance No. 92-2 and continued to December 9, 1992 and January 6, 1993 Evidence, both written and oral, was submitted for and against the project Section 4 The record ofthe hearings on November 18, 1992, December 9, 1992 and January 6, 1993 indicates the following: (a) On September 1, 1992, the applicant submitted an application for Variance 92-2 and CUP 92-12 to the Department of Development Services. The applicant proposed to construct a quick lube/car wash with a second story office above on the subject property C \AMIPRO\IXlCS\V ARlANCE\R!n-2 Bee be P1amung ConanlSSIOll Resolution 93-6 (b) The proposed quick lube/car wash would have ingress access off of Pacific Coast Highway with all vehicles exiting the property from a one-way drive aisle onto Anderson Street. ( C) The subject property is generally Bat and has an area of approximately 4,775 square feet and is currently used as a fenced, paved vacant lot The subject property is located at the base of the Sunset Beach Water Tower residence and formerly housed much ofthe ground level equipment for the old water tower prior to construction of the tower residence in 1982-83 The eastern extension of the site is 25' in width, an unusual configuration which results from the establishment of the Tower residence as a separate parcel. (d) In June of 1992 the applicant submitted a different application proposing to construct a three-story, two-unit condominium structure The proposed condo was 35 feet in height During the public hearing on the earlier request several members of the public expressed concern over the height of the structure and the impact it would have on views of the adjacent water tower and the applicant elected to withdraw the proposal. (e) The surrounding land uses and zoning are as follows NORTH The Sunset Beach Water Tower residence and a commercial auto detailing and sales lot located in the General Commercial zone (C-2) and Pacific Coast Highway. SOUTH The residential community of Surfside located in the Residential Low Density zone (RLD). EAST The Sunset Beach Water Tower residence located in the General Commercial zone (C-2) and located across Anderson Street is a mixture of residential uses in the unincorporated area of Sunset Beach WEST Noels restaurant located in the General Commercial zone (C-2) and Pacific Coast Highway (t) At the December 9th meeting the Commission directed staff to meet with the applicant to consider alterations to the proposed project which would reduce expected impacts generated by the project Staff met with the applicant on December 10th and the applicant agreed to the following modifications to achieve greater compliance with the City's zoning ordinance (1) The second story office and deck will be removed from consideration; (2) The Bow of traffic through the site will be reversed from the original proposal with all traffic entering the site from Anderson Street and exiting onto Pacific Coast Highway, and (3) The first Boor office and waiting area will be relocated to the easterly side of the property, adjacent to the tower and abutting the storage room These alterations will result in the following (1) Removal of the second floor and deck will bring the proposed use into conformity with the parking requirements, (2) Reversal of traffic Bow will allow all traffic from Pacific Coast Highway to enter the property from a controlled intersection at Anderson Street Additionally, over sixty (60) feet of stacking area will be provided on the subject property, C \AMIPR.O\DOCS\VAR.IANCE\R92-2 BCC be Page 2 Plannmg ConumBBIOII Resoluboo 93-6 (3) Vehicles exiting the property will exit onto Pacific Coast Highway approximately 100 feet westerly of the Anderson Street intersection, sinular to the exit from Noels restaurant, and (4) Relocation of the first Boor office will allow an additional parking space as well as remove the necessity of a variance from side and rear yard setback requirements. (g) The City received two written comments in opposition responding to the notices of the hearing on CUP No. 92-12, including a petition against the proposal Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2500 and 28-2502 of the City's Code. the Planning Commission hereby finds as follows (a) Variance No 92-2 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 automobile mechanical services and car washes subject to the issuance of a Conditional Use Permit 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 A single lane drive-aisle can safely accommodate the traffic reasonably to be expected. Accordingly, the issuance of Variance No 92-2 will not adversely affect the General Plan. (b) There are special property related circumstances which, through the strict application of this Chapter, deprive the subJect property of privileges enjoyed by other property in the same vicinity and zone. Specifically, due to the irregular shape and configuration of the subject property, with a 25 foot wide panhandle providing the street access to the property, a 24 foot wide, two-way drive aisle cannot physically be placed on the property given the proposed vehice-oriented use For a vehicular oriented use which necessitates the ground level area is available for uses other than parking, some parking must be provided along the 25 foot wide easterly arm of the property. (c) The granting of this variance would not be the granting ofa special privilege inconsistent with other limitations on other properties in the same vicinity and zone Specifically, due to the irregular shape and configuration of the subject property, with a 25 foot wide panhandle providing the street access to the property, a 24 foot wide, two-way drive aisle cannot physically be placed on the property but such an aisle can be accommodated on other regularly shaped parcels Section 6. Based upon the foregoing, the Planning Commission hereby approves Variance No 92-2, subject to the following conditions 1. Variance No 92-2 is granted for the provision ofless than the required drive aisle width, allowing a 12 foot wide, one-way drive aisle in conjunction with a new car wash/quick lube at 5 Anderson Street (the proposed address of the property) 2. The Applicant remains bound by the conditions of CUP No 92-12 Section 7. Compliance with the California Environmental Quality Act with respect to the action was accomplished by the adoption of Negative Declaration 92-5 by Resolution No 92-2. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day ofJanuary, 1993 by the following vote C\AMIPRO\DOCS\VAlUANCE\R92-2 BCCbG Page 3 Plummg Comnusston Resolubon 93-6 AYES. Comrnisgoners Fife, Dahlman, Law. SharD NOES. Commissioners ABSENT. Commissioners e WhittenI:ierg, Secretary ~ Planning Commission / C\AMIPR.O\DOCS\VARlANCE\R!J2..2 BCCbc Page 4