Loading...
HomeMy WebLinkAboutPC Res 99-33 - 1999-09-08 . . -.. RESOLUTION NUMBER 99-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 99-9, PERMITTING THE OPERATION OF A CHURCH WITHIN A SERVICE COMMERCIAL (C-l) ZONE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On August 11, 1999 Reverend Gwyn Vaughn (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 99-9, allowing the operation ofa church within a Service Commercial (C-l) Zone. Section 2 Pursuant to 14 Calif Code of Regs ~ 15301 and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows' The application for CUP 99-4 for the proposed outdoor dining area is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15301 (Existing Facilities) (e), because the proposal involves a an addition to an existing restaurant which is less than 50% of the existing floor area, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of20% slope or a change in land use or density Section 3 A duly noticed public hearing was held before the Planning Commission on September 8, 1999, to consider the application for CUP 99-9. At the public hearing the applicant was not in attendance, with persons appearing both in favor of and in opposition to the request Section 4. The record of the hearing of September 8, 1999 indicates the following (a) On August 11, 1999 Gwyn Vaughn submitted an application for CUP 99-9 with the Department of Development Services (b) Specifically, the applicant is proposing to operate a church within a Service Commercial (C-1) Zone (c) The subject building contains approximately 12,740 square feet (Inclusive oflandscaped area in courtyard) and is located on an approximately 37,374 square foot property at the northwesterly comer of Seal Beach Blvd & St Andrews (d) The subject property is legally deSCribed as Orange County Assessor's parcel number 095-641-09 (e) The surrounding land uses and zoning are as follows' North & West Multi-family Residential Housing in Leisure World, in a Residential High Density (RHO) Zone South Commercial Businesses in a Service Commercial (C-I) Zone East Naval Weapons Station in a Public Land Use/Recreation (pLUIR) Zone Document2\L W\4IISI99 . . . CUP.. Plannmg CommissIon StaJJReport 13820 Seal Beach Blvd September 8. 1999 ~ Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-1200 and 28-1300 of the City's Code, the Planning Commission makes the following findings (a) Conditional Use Permit 99-9 is consistent with the provisions of the Land Use Element of the City's General Plan, as there is a provision for Service commercial, which includes Churches (b) The building and property at 13820 Seal Beach Blvd are adequate in size, shape, topography, and location to meet the needs of the proposed church use. The nearest residential property is Leisure World, which is Immediately adjacent, to the North. (c) The parking provided at the property is adequate for the intended church use, as 1 space for each 75 square feet of sanctuary area will provide enough parking for peak usage, during service times. It is inherent in that by providing the requisite parking for those peak times with a church use, that enough parking would be provided for other, on site, non-sanctuary related uses These uses would include classrooms, church offices, etc Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 99-9, subject to the following conditions' 1 CUP # 99-9 is approved to allow the operation of a church at the property at 13820 Seal Beach Blvd. within a Service Commercial (C-l) Zone 2 The establishment shall comply with Chapter 13D, "NOise Control', of The Code of the Citv 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 the subject CUP for reconSideration and may require the applicanUoperator to mitigate the noise level to comply with the proviSions of Chapter 13D 3 The applicant will provide the requisite number of handicapped parking spaces, as required by the Americans With Disabilities Act. 4 The applicant Will not any new slgnage to the property, above and beyond what currently exists. 5 SUite 9 Will be the only area that Will be used for sanctuary purposes. 6 ThiS CUP shall not become effective for any purpose unless/until a City "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) calendar-clay appeal period has elapsed 7 This CUP shall become null and void unless exercised within one (1) year of the date of final 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. 8 The term of thiS permit shall be Twelve (12) months At the end of the initial term, the applicant may apply to the City for an Indefinite extension. The Planning Commission may grant an extension as discussed above, 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 any extensions. Page 2 99-9 Staff Report 13820 Seal Beach Blvd. . ' . CrA9, Planning CommiSSIon StlJ./fReport 13820 Seal Beach Blvd September 8, 1999 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 8th day of September, 1999, by the following vote AYES. Commissioners e {QUill I . GVhlLy-IL. rA L~o" J NOES Commissioners ABSENT' Commissioners Agr1 AJr'"' - Lo..rSdl\ - Bri rown, MD Chairman oftlIe Planning Commission Whittenberg Secretary of the Planning Comm' Page 3 99-9 SlaffRepon 13820 Seal Beach Blvd.