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HomeMy WebLinkAboutPC Res 98-46 - 1998-12-09 , RESOLUTION NUMBER 98 - 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-17, APPROVING A HOME IMPROVEMENT CENTER BUSINESS OPERATION WITH AN OUTDOOR GARDEN AREA ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "A", BIXBY OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site Section 2 Pursuant to 14 Calif Code of Regs ~ 15305 and ~ n.B of the City's Local CEQA Guidelines, the Planning Commission determines as follows The application for Conditional Use Permit No. 98-17 for a home improvement center with an outdoor garden area within the proposed 26-acre shopping center is within the scope of the project analyzed in the Bixby Old Ranch Towne Center ElR, certified by the City Council on November 23, 1998, through the adoption of City Council Resolution No 4660 Said resolution and the Findings and Statement of Overriding Considerations are incorporated herein by reference. Section 3 A duly noticed public hearing was held before the Planning Commission on December 9, 1998, to consider the application for Conditional Use Permit No. 98-17 At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request Section 4. the following: The record of the hearing of December 9, 1998 indicates a On October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. b Specifically, the applicant is proposing to construct a maximum 299,000 square foot commercial shopping center with parking, landscaping and other ancillary facilities on property located at the northeast comer of Seal Beach Boulevard and St. Cloud, as recently approved by the Planning Commission through Site Plan Review 98-1 A component of the shopping center project includes a proposed home improvement center with an outdoor garden center business operation c The proposed home improvement center (Lowe's) comprises 135,197 square feet with a 28,071 square foot outdoor garden center Said structure is located at the northeast comer of the proposed shopping center, approximately 580 feet east of Seal Beach Boulevard. (Retail' A' on Site Plan). C \My Doc:um....\RESOlCUP 98-17 (B.xby) PCR docILWlI2-I'-98 , Plannmg Con",u...."" Resol.t.on 98 -46 Cond.tlOnal Use Pmmt No 98-17 BIXby Old Ranch Town. Center, Home1mprotIf!1flent Center WIth O.tdoor Garden Area December 9, 1998 d Section 28-1400 (Il)(g) requires a conditional use permit for a "Iumberyard/home improvement center." The proposed Lowe's Home Center has been classified as that type of land use by staff, and therefore requires conditional use permit approval. e. The subject shopping center property contains approximately 25.29 acres of net useable area and is located north of St Cloud Drive on the east side of Seal Beach Boulevard The property has approximately 1,307 feet of frontage on Seal Beach Boulevard, and is approximately 975 feet in depth The subject home improvement center property is designated as Lot I of Tentative Tract Map No 15767, and contains 11691 acres of net land area, with a 0.077 acre landscaped setback area along Seal Beach Boulevard. Lot I has approximately 113 feet of frontage along Seal Beach Boulevard, is an irregular shaped parcel, being approximately 670 feet in width and 742 feet in depth f. The subject property is legally described as Tentative Tract Map No. 15767, Lot I, and is currently located in the General Commercial (C-2) zone g The entire development site is currently is developed with a small bank building, portions of the Bixby Old Ranch Golf Course, and vacant land owned by the Bixby Ranch Company. h Surrounding land uses and zoning are as follows lJ North - Bixby Village residential development in the Residential Medium Density (RMD) Zone. lJ South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone lJ East - Bixby Village residential development in the Residential Medium Density (RMD) Zone and Bixby Old Ranch Golf Course in the Recreation-Golf(R-G) Zone lJ West -Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach i The City Council has approved resolutions and adopted ordinances which approve requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses of land set forth in this application for conditional use permit approval. j The "Mitigation Monitoring Program" establishes a number of specific action measures which have been proposed to reduce the identified environmental impacts of the shopping center development to a level of insignificance in relation to this development application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1 (92 mitigation measures), and are incorporated herein by reference. k The proposed shopping center development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. I. Due to the closeness of the adjoining home to the north and east as part of the Bixby Village development, a condition should be placed on the business operation requiring that no commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10 00 P M. and 7'00 CUP 98-17 (Duchy) PCR 2 Planning Comm.""."" Resolut."" 98 -46 Condlllonal Use Penn.t No 98-17 Buby Old Ranch Towne Center, Home Improvement Center wIth Outdoor Garden Area December 9. 1998 A M. In addition, a IO-foot high block wall should be provided along the property line adjacent to the truckwell and the turning area to provide additional visual screening and noise mitigation for this portion of the site, with a heavy landscaping treatment to be provided to provide visual screening area for the truckwell/tuming area and the staging area In addition, materials stored in the staging area shall not be stored above the height of the 20-foot high fence, and this fence to be similar in nature to that proposed for the garden center. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's ~ the Planning Commission makes the following findings a Conditional Use Permit No 98-17, a request to permit a home improvement center (Lowe's) within the Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use Element of the City's General Plan, as recently amended by the City Council, which provides a "general commercial" deSignation for the subject property and permits home improvement centers and outdoor garden areas 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 Subject to the proposed conditions of approval, the proposed use of the propertY as a Lowe's Home Center with an outdoor garden area will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood As the proposed location of the truckwell area and outdoor staging area is approximately 60- 70 feet from the nearest proposed residential uses, additional visual and noise related conditions to reduce potential impacts from these business operations of the facility are proposed. c. The proposed style, height and bulk of the proposed structure is consistent with surrounding uses. The height of the proposed structure, with the exception of architectural feature along the front of the structure vary from 24 to 28 feet, is less than the allowed 35-foot height in the C-2 zone. In addition, the structure is separated from proposed adjoining residential uses by 60-70 feet, including the provision of 8 and 10-foot high walls and heavy landscaped areas The structure is setback approximately 580 feet from Seal Beach Boulevard, and 165 feet from the north property line. Between the proposed residences to the north and the main structure is a 5-foot landscaped area, a 30-foot driveway, and the 129-foot wide "Garden Center" for Lowe's d The proposed style, height and bulk of the proposed structure is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility of the entire 26-acre shopping center with adjoining land uses The subject shopping center development and the site proposed for the home improvement center development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features proposed for approval by height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property as a home improvement center with an outdoor garden area. In addition, the structure is separated from proposed adjoining residential uses by 60-70 feet, including the provision of 8 and 10-foot high walls and heavy landscaped areas. The structure is setback approximately 580 feet from Seal Beach Boulevard, and 165 feet from the north property line. Between the proposed residences to the north and the main structure is a 5-foot landscaped area, a 30-foot driveway, and the 129-foot wide "Garden Center" for Lowe's CUP 98-17 (Bllcby) PCR 3 Planmng Com""",on ResolutIon 98 -46 CondJllonal Use Perlmt No 98-17 Brxby Old Ranch Towne Center, Home Improvement Center With Outdoor Garden A/11Q December 9, J 998 e Required adherence to applicable building and fire codes will 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 No. 98-17, subject to the following conditions 1 CUP 98-17 is approved for a 133,197 sq. ft. Lowe's Home Center with a 28,071 square foot Garden Center at Bixby Old Ranch Towne Center (Retail "A"), Lot 1 of Tentative Tract Map No. 15767. 2. No trash disposal activities may occur in association with the operation of this business between the hours of 10:00 P M and 7.00 AM. 3. A 10-foot high block wall shall be provided along the property line adjacent to the truckwell and the turning area to provide additional visual screening and noise mitigation for this portion of the site, with a heavy landscaping treatment to be provided to provide visual screening area for the truckwelVtuming area and the staging area. 4. Materials stored in the staging area shall not be stored above the height of the 20-foot high fence, and this fence to be similar in nature to that proposed for the garden center. 5. The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 6 This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed 7 A modification of this Conditional Use Permit shall be obtained when: lJ The establishment proposes to modify any of its current conditions of approval lJ There is a substantial change in the mode or character of operations of the establishment, such as to a warehouse hardware store or other retail use 8. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the Citv of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach. 9 In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures 10. The establishment shall have a public telephone listing 11 The establishment shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter 13D 12. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension oftime as may be granted by the Planning Commission pursuant to a written request for extension submitted to the CUP 98-17 (Bllcby) PCR 4 I PlannIng ComnuUIOII Re.ol.llon 98 -46 Ccmdlllonal U.e Pm",t No 98-17 BIXby Old Ranch Towne Center, HomeImprovement Center WIth O.tdoor Garden Area December 9, 1998 Department of Development Services a minimum of ninety (90) days prior to such expiration date PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of December . 1998, by the following vote: AYES: Commissioners Brown, Cutull, Larson and Lyon NOES. Commissioners Hood ABSENT' Commissioners None rown, MD an of the Planning Commission Whittenberg Secretary of the Planning Commi CUP 98-17 (Duchy) PCR 5