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Home My WebLink AboutPC Res 04-33 - 2004-07-21 RESOLUTION NUMBER 04-33 o t9/6'h /tt4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW 03-1 (INDEFINITE EXTENSION), PERMITTING CONTINUED OPERATION OF THE ON-PREMISE OPERATION OF A RENTAL CAR AGENCY AT 12850 SEAL BEACH BOULEVARD (SEAL BEACH HOTEL L. P.) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 25, 2004, Seal Beach Hotel L. P. (the "Applicant") filed an application with the Department of Development Services for Site Plan Review 03-1 (Indefinite Extension). The applicant is proposing to continue to permit a previously approved on site rental car agency business on property located at 12850 Seal Beach Boulevard, at the northeast corner of the northbound 1-405 Freeway off-ramp and Seal Beach Boulevard (Ayres Hotel). The proposed business would be located within an existing hotel. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Site Plan Review 03-1 (Indefinite Extension) is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; 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 July 21, 2004, to consider the application for Site Plan Review 03-1 (Indefinite Extension). Section 4. The record of the hearing of July 21,2004 indicates the following: (a) On June 25, 2004, Seal Beach Hotel L. P. (the "Applicant") filed an application with the Department of Development Services for Site Plan Review 03-1 (Indefinite Extension). (b) The applicant is proposing to continue to permit an existing on site rental car business within the existing structure. This business would be a rental car agency, which would serve to rent vehicles to guests staying at the property. The property is located at 12850 Seal Beach Boulevard, at the northeast corner of the northbound 1-405 Freeway off-ramp and Seal Beach Boulevard (Ayres Hotel). (c) The Commission has previously approved Conditional Use Permit 99-7 and Height Variation 99-5, allowing the construction of the hotel facility on May 3,2000. The Commission further approved Site Plan Review 03-1 on July 9,2003. (d) The three-story structure along Seal Beach Boulevard has a building frontage of approximately 155 feet. The main lobby/entrance to the hotel facility, along with the guest regIstration area, office areas, conference/dining areas, and related service areas hotel, in addition to 28 room suites are located within the first floor area of the structure. The second and third floors are identical in design with the exception as to the number of suites, with the second floor containing 39 suites and related service areas, and the third floor containing 37 suites and related service areas. (f) Surrounding land uses and zoning are as follows: Page 1 of4 Plannmg CommISSIOn ResolutIOn No 04-33 Site Plan RevIew 03-1 (Indefinite ExtensIOn) Ayres Hotel July 21,2004 North - commercial/restaurant land uses within the Old Ranch Towne Center Commercial Overlay (C-2) Zone and across Lampson Avenue, Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. South - 1-405 Freeway, with the Seal Beach Weapons Support Facility located south of the Freeway, in the Public Land Use/Recreation (PLU/R) Zone. East - immediately to the east is the location of the to-be-constructed Sunrise Assisted Care facility within the Old Ranch Towne Center Commercial Overlay (C-2) Zone, and approximately 1,500 feet to the east is the Bixby Old Ranch Tennis Club, proposed to be dedicated to the City and within the Public Land Use/Recreation (PLU/R) Zone, based on City Council actions of November 23, 1998. West - across Seal Beach Boulevard, in the General Commercial (C-2) and Light Industrial (M-l) zones is the Bixby Old Ranch Office Park development, in the City of Seal Beach. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-1300, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Site Plan Review 03-1 (Indefinite Extension) 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 land uses which the Planning Commission deems to be in conformance with other similar land uses within that designation. The proposed rental car agency at a hotel facility at the proposed location 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. 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 subject hotel facility and the area within the hotel proposed for the requested land use entitlement exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, 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. (c) 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 Site Plan Review 03-1 (Indefinite Extension), subject to the following conditions: 1. Site Plan Review 03-1 (Indefinite Extension) is approved, allowing the operation of a rental car agency within the existmg Ayres Hotel property at the corner of Seal Beach Boulevard and Lampson Avenue. 2. Notwithstanding any default or breach by Bixby Ranch Company under that certain Development Agreement entered into between the City of Seal Beach and Bixby Ranch Company, as adopted by City of Seal Beach Ordinance No. 1440, the City agrees that such default or breach shall not affect or impair the rights of Seal Beach Hotel L. P., its successors or assigns, under this Site Plan Review. The City agrees that the rights of Seal Beach Hotel L. P., its successors and assigns, under this Site Plan Review shall continue to bind Seal Beach Hotel L. P. and the City, provided, however, that all conditions Page 2 of4 Planning CommISSIOn ResolutIOn No 04-33 SUe Plan Revzew 03-1 (Indefinite ExtensIOn) Ayres Hotel July 21,2004 attached to this Conditional Use Permit are satisfied by Seal Beach Hotel L. P., its successors or assIgns. 3. All conditions of Conditional Use Permit 99-7, CUP 99-5, CUP 02-10, and HV 99-2 will be applicable to this Site Plan Review. 4. 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. 5. This Site Plan Review 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. 6. A modification of this Site Plan Review shall be obtained when: a The establishment proposes to modify any of its current conditions of approval. a There is a substantial change in the mode or character of operations of the establishment. 7. The Planning Commission reserves the right to revoke or modify this Site Plan Review if any violation of the approved conditions occurs, any violation of the Code of the City 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 ofthe City of Seal Beach. 8. In the event staff determines that security problems exist on the site, the conditions ofthis permit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 9. 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 applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 10. This Site Plan Review shall become null and void unless exercised within one (I) 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. 11. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting~ to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 12. No more than 2 unrented vehicles shall be kept in the parking lot of the Hotel property at anyone time. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21st day of July 2004 by the following vote: Page 3 of4 Plannmg CommIssion ResolutIOn No 04-33 SIte Plan RevIew 03-1 (Indefinite ExtensIOn) Ayres Hotel July 21, 2004 AYES: Commissioners Sharp, Deaton, Ladner, Roberts, and Shanks NOES: Commissioners None ABSENT: Commissioners None Lee Whittenberg Secretary, Planning Commis . J ame Sharp Chairperson, Planning Commission **** Page 4 of 4