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Home My WebLink AboutPC Res 98-34 - 1998-10-21 RESOLUTION NUMBER 98 - 34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 98-14, PERMITTING REMODELING AND THE INSTALLATION OF A 250-GALLON WASTE OIL TANK AT AN EXISTING AUTOMOBILE SERVICE STATION LOCATED AT 12071 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On September 21, 1998, Tait & Associates (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 98-14. The applicant is proposing to remodel the existing cashier, waiting, and bathroom areas; to install a new 250-gallon waste oil tank within the existing trash area; and install a new 6-foot masonry trash enclosure at the existing UNOCAL service station at 12071 Seal Beach Boulevard The property is located at the southwest comer of Seal Beach Boulevard and Bradbury Road Section 2. Pursuant to 14 Calif. Code of Regs ~ 15025(a) and ~ n B of the City's Local CEQA Guidelines, staff has determined as follows' The application for CUP No. 98-14 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion of an existing use; and pursuant to ~ 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 October 21, 1998 to consider the application for CUP No 98-14 At the public hearing the Planning Commission received public testimony regarding the proposed project. Section 4 The record of the hearing on October 21, 1998 indicates the following: (a) On September 21, 1998, Tait & Associates (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 98-14 (b) Specifically, the applicant is proposing to remodel the existing cashier, waiting, and bathroom areas, to install a new 250-gallon waste oil tank within the existing trash area, and install a new 6-foot masonry trash enclosure at the existing UNOCAL service station at 12071 Seal Beach Boulevard ( c) The property is square is shape with a total area of approximately 22,500 square feet, complying with the required area for a service station (d) The subject property, Orange County Assessor's parcel number 086-049-6, is located in the General Commercial (C-2) zone, on a square parcel ofland having 150 feet of frontage on both Seal Beach Boulevard and Bradbury Road The property is 22,500 square feet in area and is developed with an existing service station, including 3 service bays, cashier area, restrooms, and covered pump island area with six pump facilities. C \My Doc:um....\RESOICUP 98-14, PC Roso docILWlI0-26.98 Plannmg CommiSSIon Reaolutum 98-34 Cond,lIotU11 Use Pennlt 98-14, 1207/ Seal Beach BoulevanJ October 2/, /998 (e) The subject property is a separate parcel located within Rossmoor Center, a multiple-tenant center located on Seal Beach Boulevard between St Cloud Drive and Bradbury Road. (t) The subject property is located at the southwest comer Seal Beach Boulevard and Bradbury Road. (g) The surrounding land uses and zoning are as follows' North - single fiunily homes located in Rossmoor, an unincorporated Orange County community. South - a mixture of commercial uses in the C-2 (General Commercial) zone, within Rossmoor Center. East - a mixture of residential uses within the City of Los Alamitos and commercial uses in the C-2 (General Commercial) zone in the City of Seal Beach West - multiple family units located in Rossmoor, an unincorporated Orange County community. (h) On November 4, 1987 the Planning Commission approved Conditional Use Permit 10-87, allowing the expansion of the pump island installation and station remodeling. The Planning Commission adopted Resolution No 1482, approving the project subject to conditions. (i) A service station has operated nearly continuously on the site since 1969. (j) Staff has received no comments, written or other, regarding the mailed/published notices regarding CUP 98-14. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2318,28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows: (a) CUP No. 98-14 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 the operation of automobile service stations 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) The building and property at 12071 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use (c) A service station has operated nearly continuously on the subject property for approximately 30 years with no history of complaints regarding impacts associated with the service station use. Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 98-14, subject to the following conditions. l. CUP 98-14 is approved to remodel the existing cashier, waiting, and bathroom areas; to install a new 250-gallon waste oil tank within the existing trash enclosure; and to install a new 6-foot masonry trash enclosure at an existing CUP 98-14, PC R..., 2 , Planning COII"'''''''OII RUo/ullOll 98-14 Cond.II0111ll U.e Permit 98-14, 12071 Seal Beach Boulewud Octolnr 21, 1998 .' service station located at 12071 Seal Beach Boulevard, Seal Beach The property shall remain bound by all conditions of CUP 10-87. 2. A modification of this Conditional Use Permit shall be obtained when (a) The establishment proposes to change the type of operation (b) The establishment proposes to modify any of its current conditions of approval. (c) There is a substantial change in the mode or character of operations of the establishment. 3. All tenant improvements (construction) shall be in substantial compliance with the plans approved through CUP 98-14. 4. This Conditional Use Permit sha11 become null and void unless exercised within one (1) year of the date of fina1 approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 5 This Conditional Use Permit shall not become effective for any purpose unless an H Acceptance of Conditions II 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 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21 st day of October, 1998 by the following vote. AYES: Commissioners Cutull, Hood, Larson, Lyon and Chairman Brown NOES: Commissioners None ABSENT. Commissioners None Brian own, M.D., Planning Commission CUP 98-14. 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