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Home My WebLink AboutPC Res 93-52 - 1994-01-05 . .... , RESOLUTION NUMBER 93-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 93-13, PERMITTING AN EXTENSION OF OPERATING HOURS FROM THE CURRENT HOURS (6:00 A.M. TO 12'00 AM.) TO 24 HOUR A DAY OPERATION AT AN EXISTING CHEVRON SERVICE STATION LOCATED AT 12541 SEAL BEACH BOULEVARD. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB: Section 1. On September 27, 1993, Robert Fiscus & Associates ("The Applicant") filed an application for CUP 93-13 with the Department of Development Services. The applicant seeks to remodel an existing automobile service station at 12541 Seal Beach Boulevard, Seal Beach. The applicant is requesting an extension of operating hours from the current hours (6:00 a.m. to 12:00 a.m.) to 24 hour a day operation at an existing Chevron service station located at 12541 Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staffhas determined as follows' The application for CUP No 93-13 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. fi 15301 (Existing Uses), because the application is for an existing use which is not expanding in excess of 50"10 of the floor area of the structure before the addition, or 2,500 square feet; and, pursuant to fi 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 November 3, 1993 to consider the application for CUP No. 93-13. The applicant spoke in favor of this request with no persons speaking in opposition Section 4. The record of the hearing on November 3, 1993 indicates the following: (a) On September 27, 1993, Robert Fiscus & Associates filed an application for CUP 93-13 with the Department of Development Services. (b) Specifically, the applicant is requesting an extension of operating hours from the current hours (6:00 a.m. to 12.00 a.m.) to 24 hour a day operation at an existing Chevron service station located at 12541 Seal Beach Boulevard. (c) The subject property is legally described as Orange County Assessor's Parcel Number 086-492-13. (d) The subject property is a rectangular shaped parcel and contains approximately 29,000 square feet in land area with approximately 125 feet of frontage on Seal Beach Boulevard and approximately 173 feet of frontage on St. Cloud Drive containing three (3) lube bays and three (3) pump islands. (e) The surrounding land use and zoning are as follows: NORTH & WEST Mixed commercial uses located within the Rossmoor Business Center in the General Commercial zone (C-2). SOUTH Single family residences located across St. Cloud Drive in the unincorporated area ofRossmoor. J:' 'DJPIR... BCCI.. " Planning Commission Resolution No. 93-52 Janutuy S; 1994 EAST The Bixby Old Ranch Country Club located in the Recreation-Golf zone (R-G). (f) The Planning Commission approved V AR 4-72, permitting a second pole sign on the property and CUP 93-11, permitting a remodel and addition to the subject service station. (g) During the recent public hearing on CUP 93-11 the applicant indicated the operators wished to extend operating hours to 24 hours a day. The applicant was instructed CUP 93-11 would either need to be re-noticed to include the extended hours or a new CUP would need to be sought. The applicant opted for the latter. (h) The City received no written comments responding to the notices of the hearing on CUP No. 93-13. 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 follows: (a) Conditional Use Permit 93-13 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 service stations operating between the hours of 2:00 A.M and 6'00 A.M., 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. Accordingly, the proposed use is consistent with the General Plan. (b) Staff inspected the subject property on August 3, 1993, and found that the service station meets all requirements of the ~. (c) The building and property at 12541 Seal Beach Boulevard 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. Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 93-13, subject to the following conditions: 1. CUP 93-13 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 Chevron products Company, USA Inc. 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 if any violation of these conditions or the Code of the Citv of Seal Beach occurs. 4 The permittee shall not be permitted to receive deliveries or to perform outdoor maintenance activities between the hours of2:00 A M. and 6:00 A M The applicant is reminded of its obligations pursuant to Chapter 13D of the Code of the City of Seal Beach regarding noise control. 5. Auto repair activities shall not be permitted between the hours of 10.00 P.M. and 6.00 AM J:' 'DJp,J<".. BCCL.. Page 2 . ., Planning Commission Resolution No. 93-52 Janutuy 5, 1994 6 The term of this permit shall be twelve (12) months. At the end of the initial term, the applicant may apply for an extension of CUP 93-13. The Commission may grant an indefinite extension provided that all conditions of approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of an indefinite permit 7. 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. 8. The applicant shall conspicuously post these Conditions of Approval in a location to be approved by the Director of Development Services PASSED, APPROVBD AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day ofJanuary, 1994 by the following vote' AYES: Commissioners Campbell. DaWman. Law. ShaJ:P NOES' Commissioners ABSENT. Commissioners Soukup U~/lk/ Anton Dahlman, Chairman Planning Commission Whittenberg, Secretary Planning Commission J:' \cup,J<".. BCCL.. Page 3