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Home My WebLink AboutPC Res 98-01 - 1998-01-21 , RESOLUTION NUMBER 98-.1- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 97-14, PERMITTING THE ADDITION OF A 127 SQUARE FOOT MEZZANINE WITHIN AN EXISTING AUTOMOBILE SERVICE STATION LOCATED AT 4000 LAMPSON AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On December 17, 1997 Paul Collins submitted an application on behalf of Kamal Singh for CUP 97-14 with the Department of Development Services Specifically, the applicant is seeking to add a mezzanine of 127 square feet within an existing store room at an existing service station located at 4000 Lampson Avenue, Seal Beach The mezzanine is proposed to be used as a small storage office. Section 2 Pursuant to 14 Calif. Code of Regs ~ 15025(a) and ~ n.D of the City's Local CEQA Guidelines, staff has determined as follows: The application for CUP No. 97- 14 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to ]4 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion ofan 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 January 21, 1998 to consider the application for CUP No. 97-14. At the public hearing the applicant spoke in favor of the request and no one spoke in opposition. Section 4. The record of the hearing on January 21, 1998 indicates the following (a) On December 17, 1997 Paul Collins submitted an application on behalf of Kamal Singh for CUP 97-14 with the Department of Development Services (b) Specifically, the applicant is seeking to add a mezzanine of 127 square feet within an existing store room at an existing service station located at 4000 Lampson Avenue, Seal Beach. The mezzanine is proposed to be used as a small storage office (c) The property is rectangular is shape with a total area of approximately 22,112 square feet The area of the property is slightly less than the required area for a service station (22,500 sf). The property previously received a variance from the City to allow the gas station on the substandard sized property (d) The subject property is located at the southeast comer Lampson Avenue and Basswood Avenue. NORTH (e) The surrounding land uses and zoning are as follows. Located across Lampson Avenue is the Bixby Old Ranch Country Club in the Recreation - Golfzone (R-G). SOUTH & EAST A residential town house complex located in the Residential Medium Density zone (RMD). WEST The Bixby Old Ranch Tennis Club located in the General Commercial zone (C-2) (f) The subject property has received the following approvals from the Planning Commission. ", Variance 1-89 allowing less than the required lot area for a service station. This variance and CUP 14-88 were issued after the fact in conjunction with the OWly Docurnenl8ICond_ Use Permlts\97-14 Resolubon doc , Planning CommISSIon ResolutIon No. 98-_ January 21, 1998 remodel of an existing service station t/ CUP 14-88 allowing the remodel ofan existing automobile service station. (g) A service station has operated nearly continuously on the site since 1969 (h) Staff has received no comments, written or other, regarding the mailed/published notice regarding CUP 97-14. 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 97-14 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 ofa 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 4000 Lampson Avenue 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 97-14, subject to the following conditions: 1. CUP 97-14 is approved for the addition of a mezzanine of 127 square feet within an existing store room at an existing service station located at 4000 Lampson Avenue, Seal Beach The mezzanine is proposed to be used as a small storage office. 2. The property shall remain bound by all conditions of CUP 14-88 and Variance 1-89. 3. 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 floor plan approved through CUP 97-14 4 This Conditional Use Permit shall 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 "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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21st day of January 1998 by the following vote: 97-14 R....ubon Bce be Page 2 '. - , AYES. Commissioners - Bilow..... Yo.s~ NOES- Commissioners Planning CommissIon ResolutIon No. 98'L January 21, 1998 L19uJ LAIf!SOO; hf:;o e.~ J ABSTAIN: Commissioners _ ~~~ d... Wmttenberg, Secretary Planning Commission 97.14 R....ubon Bee be Page 3