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HomeMy WebLinkAboutPC Res 93-03 - 1993-01-06 -. RESOLUTION NUMBER 93-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 92-5 AND APPROVING CUP NO 92-]2, A REQUEST TO CONSTRUCT A CAR WASH 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 I. On September 1, 1992, JeffOvereem (liThe 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 ]4 Calif Code of Regs ~ IS02S(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, CAL TRANS and the Southern California Gas Company expressing no concern with the proposed use. On November ]8, 1992, the Planning Commission received comments on the proposed Initial Study On January 6, ] 993, 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 ]5 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, ]2 departing). Section 3. A duly noticed public hearing was held before the Planning Commission on November ]8, 1992 to consider the application for CUP No. 92-12 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 of the hearings on November ]8, 1992, December 9, 1992 and January 6, 1993 indicates the following (a) On September 1, ]992, 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. (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 \AMIPR.O\DQCS\,ClJN9I2 BCC be Plamung ComnuSSIOD ResolutlOll 9J~J (c) The subject property is generally flat and has an area of approximately 4,775 square feet and is currently used as a fenced, paved vacant lot. The subject c property is located at the base of the Bunset each Water Tower residence and formerly housed much of the 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 ] 992 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 Bunset each Water Tower residence and a commercial auto detailing and sales lot located in the General Commercial zone (C-2) and Pacific Coast Highway. BOUTH The residential community ofBurfside located in the Residential Low Density zone (RLD) EABT The Bunset each Water Tower residence located in the General Commercial zone (C-2) and located across Anderson Btreet is a mixture of residential uses in the unincorporated area of Bun set each. WEBT Noels restaurant located in the General Commercial zone (C-2) and Pacific Coast Highway. (f) 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 Btaffmet 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 flow of traffic through the site will be reversed from the original proposal with all traffic entering the site from Anderson Btreet and exiting onto Pacific Coast Highway, and (3) The first floor 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' (I) Removal of the second floor and deck will bring the proposed use into conformity with the parking requirements, (2) Reversal of traffic flow will allow all traffic from Pacific Coast Highway to enter the property from a controlled intersection at Anderson Btreet. Additionally, over sixty (60) feet of stacking area will be provided on the subject property, (3) Vehicles exiting the property will exit onto Pacific Coast Highway approximately 100 feet westerly of the Anderson Btreet intersection, similar to the exit from Noels restaurant; and C \AMIPR.O\DOCS\(..UJII2 BCC be Page 2 PIamung Comn.Il"on ResolullCm 93-3 (4) Relocation of the tirst 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 ~~ 28-2503 and 28-2504 of the City's Code. the Planning Commission hereby tinds as follows (a) CUP No 92-12 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 reBected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan (b) The building and property at the base of the sunset water tower are adequate in size, shape, topography and location to meet the needs created by the proposed use of the property, except as to the narrow width of the eastern extension of the site, which necessitates Variance No 92-2 for a single lane drive-aisle (c) Required adherence to applicable building and tire codes ensures there will be adequate water supply and utilities for the proposed use. (d) As conditioned hereby, approval ofa car wash/quick lube at the site will be compatible with surrounding uses and the community in general and will not be detrimental to the neighborhood. Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 92-12, subject to the following conditions: I Conditional Use Permit 92-12 is approved for the construction ofa quick lube/car wash at 5 Anderson Street (the proposed address for the subject property) 2 The maximum hours of operation shall be daily from 7 00 a m to 7 00 p.m. 3 Prior to issuance of a building permit, the applicant shall enter into a permanent and irrevocable easement agreement with the owner of the adjacent property at 16305 Pacitic Coast Highway and the City of Seal Beach Said agreement shall be drafted by the City Attorney's office with the applicant bearing all costs of preparation. 4. Prior to issuance ofa building permit, the applicant shall submit a drainage plan for the proposed project to the Engineering Department for review and approval. Upon review of the drainage plan, the applicant may be required to install a curb and gutter system along Anderson Street 5 The applicant shall comply with all conditions imposed by the City's Engineering Department and the Orange County Fire Department. 6. All water used in conjunction with the car wash shall be recycled on site Proposed water recycling plan shall be subject to the review and approval of the Director of Development Services. 7. A minimum of 10% of the site shall be landscaped and maintained in a neat and weed free manner at all times Prior to issuance of a building permit, the applicant shall submit a formal landscaping and irrigation plan to the Department of Development Services for review and approval C\AMlPR.O\DOCS\C12 BCCbo Page 3 . . PllUUWIg Conmusslon Resolul1Oll93-2 8. Lighting and glare shall be confined to the subject property to avoid disturbance to neighboring uses Prior to issuance of a building permit, the applicant shall submit a formal lighting plan to the Department of Development Services for review and approval 9. The first Boor office/waiting area shall be relocated to the east side ofthe property adjacent to the tower and abutting the storage area 10 A fifth parking space shall be included in the area vacated through the relocation of the first floor office/waiting area. 11. The applicant shall construct an eight (8) foot block wall along the northwesterly (adjacent to Noels restaurant) and southwesterly (adjacent to Surfside Colony) sides of the property. The required block wall shall match the existing block wall on the southwesterly side of the property (separating Noels from Tower Auto) 12 Prior to submission of plans for Building Department plan check, the applicant shall submit revised plans to the Planning Commission for consent calendar architectural review and approval Section 7 Based upon the foregoing, the Planning Comnussion finds that there is no substantial evidence that Conditional Use Permit 92-12, Car Wash/Quick Lube (Anderson Street) will have a significant effect on the environment, involves no [potential for adverse impact, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife and directs the Director of Development Services to tile the appropriate De Minimis Impact Finding for the California Department ofFish and Game Certificate of Fee Exemption The Commission further finds that the proposed Negative Declaration reBects the independent judgment of the City of Seal Beach The proposed Negative Declaration is hereby adopted PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day ofJanuary, 1993 by the following vote. AYES Commissioners Fife. Dahlman. SharD. Law NOES' Commissioners ABSENT. Commissioners Whittenberg, Secretary Planmng Commission C \AMlPRO\DOCS'CUP\R92-12 BCC be:: Page 4