HomeMy WebLinkAboutPC Res 93-51 - 1993-11-03
Resolution No. 93-51
Voided - Assiqned Resolution
No. 93-52
Approved: November 3, 1993
Subject: CUP 93-13
Address:
Applicant:
Request:
12541 Seal Beach Blvd.
Chevron Service Station
Extend operating hours.
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....e 13 - Sal Baeh Plaaallll COIIIUllwlID Millule<l ur NnYl."Inher 3. 1993
regulate. The permits could still be issued by AQMD regardless of what the City
says. Unocal does not have to come to the City to get a permit. The City has
no mechanism nor authority to become involved in that permit issuance process.
Commissioner Campbell said there are not a whole series of situations like this,
this situation is unique. And this facility is not out in the middle of nowhere; it's
right in the middle of a residential area where the residents have had to deal with
Exxon who has not been a good neighbor. The residents are very concerned.
Mr. Whittenberg said the Planning Commission needs to keep its focus on the
application that's before it, whether or not it feels the potential impacts identified
in the Negative Declaration are adequately discussed. If the Commission feels
the Negative Declaration doesn't adequately address the issues and the proposed
conditions of approval do not reduce those impacts and the mitigation monitoring
measures do not provide an adequate monitoring program then the Commission
should not adopt the resolution. Then the Commission should take an action to
re-open the Public Hearing and schedule additional testimony. It's a discretionary
matter for the Commission, based on its feeling of how you received your
testimony and how you evaluated that mformation.
MOTION by Shal'p; SECOND by Law Cor the Planning Commission to adopt
Resolution No. 93-50 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Sharp, Law, Soukup
Campbell
Dahlman
Mr. Whittenberg advised there is a ten day appeal period in which an appeal to
the City Council may be tiled at the City Clerk's Office.
**'"
v.
PUBLIC HEARINGS
(8:53 p.m.)
4. Conditional Use Pennit #93-13
Address: 12541 Seal Beach Boulevard
Applicants: Robert Fiscus & Associates
Property Ownel'S: Chevron Products Company, USA Inc,
Request: Extension of opel'ating h01l1"S from current houl"S
(6:00 A.M. to 12:00 A.M,) to 24 houl"S a day
opel'ation at an existing Chevl'on senice station.
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Pap J4. Seal Beach PlaDula.~ Comu,twolI Minules of Novt:lllber3. 1993
Staff R~rt
Mr. Curtis presented the staff report. [Staff report on file in the Planning
Department].
Commission Comments on Staff Re,port
Commissioner Sharp asked what area did the Notices cover? Mr. Curtis said the
Notices were sent out to all property owners within 300' of the subject property,
regardless of what city the property owner lived in. This mailing mainly included
Rossmoor residents on Ye1lowtail.
Commissioner Campbell asked what time they are currently receiving deliveries?
Mr. Curtis said the applicant would have to answer.
Public Hearinl!
Bob Fiscus * 2050 South Santa Cruz. Anaheim. CA
Mr. Fiscus said he is not aware of gas being delivered between 2:00 a.m. and
6:00 a.m. They do get late night loads at 12:00 or 1:00 a.m. because traffic is
low. Off-loading of fuel is quiet because it's gravity fed and no motors are
involved.
Re~arding Condition #1, Mr. Fiscus corrected a typographical error, the time
should read 6:00 a.m. not 6:00 p.m..
Re~ardinl! condition #4, Chevron would like add wording to allow deliveries
between 2:00 a.m. and 6:00 a.m. in case of an emergency.
Mr. Whittenberg said this wording could be added but it should not be an on-
going occurrence. Staff's concern is that if a 24-hour operation is approved, the
operators are aware the City has concerns regarding noise during late night hours.
Mr. Steele said his Office preferred not to include a "fudge factor" because the
dispute then becomes what's an emergency situation? The Commission's
enforcement mechanism is revocation/modificatIOn of the CUP.
Regarding Condition #5, Chevron would like the hours amended from 10:00p.m.
to 6:00 a.m.
Commissioner Sharp said he would like to see a condition in place regarding the
rear doors because noise could disturb area residents. He suggested, "The two
rear doors of the service bays shall be closed between the hours of 8:00 p.m. and
7:00 a.m. ". Commissioner Law said she would like a sign to this effect posted.
Mr. Fiscus said all workers will be made aware of all the City's conditions.
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Pace 15 .. Seal Beac:b Plaanlq CODtlnl.lon Mlnula or Novrmber 3. 1993
Vice Chairman Soukup asked if many repairs were done at night? Mr. Fiscus
said no, only as a convenience to customers who's cars have broken down. The
mechanics quit by 7:00 p.m. There are no tow trucks working out of that station.
Commissioner Sharp withdrew the 8:00 p.m. time.
Add Condition #8 to read, "The applicant shaH be required to conspicuously post
these Conditions of Approval in a location to be approved by the Director of
Development Services",
Mr. Fiscus said the renovation would begin with obtaining building permits at the
end of November and construction in early December.
Sol John'" 330 12th Street. Seal Beach
Mr. John said he goes to this station often and they nm a clean station. The
mechanics leave about 5:00 p. m. There is noise from people playing their radios.
The Public Hearing was closed,
MOTION by Sharp; SECOND by Law to approve CUP #93-13 and direct
staff to prepare a resolution with the amended Conditions of Approval and
return the resolution to the Commission at its next meeting.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Law, Soukup, Campbell
Dahlman
***
VI.
ORAL COMMUNICATIONS
(9: 15 p.m.)
Mario Voce ... 730 Catalina Avenue. Seal Beach
Mr. Voce said he wanted to give the Planning Commission an out, to allow the
Commission an opportunity to look at the Unocal proposal again, before it
resulted in being heard at the City Council. Unfortunately the Commission didn't
review it again. He asked if Unocal approached the City or vice versa? Mr.
Whittenberg said the City does not seek applicants or applications and in this
case, Unocal applied to the City. Mr. Voce said he felt the City should take care
of the citizens first and everything else second. If the Commission had denied
the Unocal application, Unocal would have had to pay any appeal fees.
Mr. Steele explained the Planning Commission is charged with making a decision
on land use issues based on the evidence before them. The Commission has no
business making any kind of decision based on who's going to pay the appeal fee.
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AGENDA CHANGES
Director Whittenberg indicated agenda item #10, Conditional Use Permit #93-15 for Ruby's
Restaurant will not be considered this evening because the applicant is revising their plans and
has requested this item be continued to January 19, 1994. No public testimony will be taken
this evening.
Additionally, Director Whittenberg indicated the City Attorney's Office provided a memorandum
on agenda item #8, Conditional Use Permit #93-14 for Double-D's Dockside Cafe located in
Sunset Aquatic Park. The memo states this application should be removed from the agenda.
Mr, Steele explained the Government Code provides that cities and counties are not subject to
each other's zoning and building laws for projects that happen on land owned government entity
within another entity's boundaries. Once a government property owner has approved a land use,
then an additional government entity can't interfere with that land use, This land is owned by
Orange County and is only accessible from Huntington Beach or by boat, What complicated this
issue, is that there's a lessee (Double D's Dockside restaurant) of the County property. Orange
County will be conditioning this use by (1) their park and beach alcohol rules apply and (2) this
type of use is conditioned through their lease with Orange County which includes specific
provisions on the land use, The Board of Supervisors must approve that lease and its provisions.
Without objection from the Commission, Chairman Dahlman dismissed this item from tonight's
agenda,
Chairman Dahlman proceeded to Scheduled Matters, coming back to the remaining Consent
Calendar item,
IV, SCHEDULED MATTERS
Resolutions to be Adopted:
3. Resolution No. 93-52
CUP #93-13
Chevron (24-hour operation)
Mr. Steele made a correction to page 3, item #6, should read "(12)" months,
MOTION by Sharp; SECOND by Law to approve Resolution No. 93-52 as amended.
MOTION CARRIES:
AYES:
ABSENT:
4-0-1
Sharp, Law, DAhlmAn, Campbell
Soukup
***