The URL can be used to link to this page

Home My WebLink AboutPC Res 05-68 - 2005-12-07 RESOLUTION NO. 05-68 ORICI/II IV4t. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 05-16 FOR AN AUTOMOBILE SERVICE STATION WITH 24-HOUR OPERATIONS AND A CONVENIENCE MARKET AT 971 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The automobile service station building is proposed to be approximately 450 square feet with 24-hour operations and a convenience market in the Seal Beach Center at 971 Pacific Coast Highway, Seal Beach. Section 2. The City's environmental consultant has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 05-5 ended on November 14, 2005. The environmental consultant has prepared a "Response to Comments" document that addresses all issues raised during the public comment period have been evaluated and has determined no significant impacts have been raised. Section 3. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway. Section 4. On December 7, 2005, the Planning Commission adopted Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway through Resolution 05-67. Section 5. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Conditional Use Permit 05-16 for an automobile service station with 24-hour operations and a convenience market at 971 Pacific Coast Highway. Section 6. The Planning Commission received into evidence the Staff Report of December 7, 2005, along with all attachments thereto, and considered all public testimony presented. Z \My Documents\RESO\CUP 05-16 971 PCH PC RESO\LW\12-09-05 Planning Commission Resolution 05-68 ConditIOnal Use Permit 05-16 971 Pacific Coast Highway (Automobr/e Service StatIOn) December 7, 2005 Section 7. The Planning Commission made the following findings regarding Conditional Use Permit 05-16 and determined the proposed project is consistent with the General Plan: (a) Conditional Use Permit 05-16 for a service station is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a Commercial zoning designation for the subject property and permits automobile service stations and related convenience stores 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 971 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property is approximately 7.92 acres in area, and provides an adequate number of parking spaces. (c) The building and property at 971 Pacific Coast Highway, as conditioned, meets all criteria for automobile service stations and related convenience stores set forth in the Code. NOW, THEREFORE BE IT RESOLVED, that based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 05-16, subject to the following conditions: 1. Conditional Use Permit 05-16 is approved for an automobile service station with 24-hour operation, and a convenience market. 2. All development shall be in substantial conformance to plans submitted for CUP 05-16. 3. Automobile service station and convenience market operations are permitted for 24-hour operating hours. 4. The establishment shall have a public telephone listing. 5. Displays of merchandise shall not be located further than 5 feet from the service station building, with the exception of oil products necessary for daily direct service to automobiles may be on the pump island and limited to 6 feet in height. 6. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least 6 inches higher than the adjacent vehicular area. 7. Permanent watering facilities shall be provided for all landscaped areas. CUP 05-16 971 PCH 2 Planning Commission Resolution 05-68 Conditional Use Permit 05-16 97 I Pacific Coast Highway (Automobrle Service Station) December 7, 2005 8. Landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement when necessary, and the regular watering of all plantings. 9. All signs shall comply with Section 28-1810 of the Code pertaining to automobile service stations. 10. No alcohol shall be sold in conjunction with the automobile service station or convenience store. 11. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishment shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 12. No video games, arcade games or similar amusements shall be permitted on the premises unless a separate Conditional Use Permit is approved for that use. 13. 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 Seal Beach Municipal Code, to require the provision of additional security measures. 14. The applicant shall prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 15. A modification of this CUP shall be applied for when: (a) The establishment proposes to modify any of its current Conditions of Approval. (b) There is a substantial change in the mode or character of operations of the property. 16. The project shall comply with all mitigation measures as adopted by Planning Commission Resolution 05-67 (Mitigated Negative Declaration 05-5). 17. Pursuant to the City's Noise Ordinance, the construction contractor shall ensure that general construction activities (which includes construction vehicle staging and idling engines) be conducted only between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, between 8:00 a.m. and 8:00 p.m. on Saturday and do not take place at any time on Sunday or local, State or Federal holidays. For demolition activities the hours will be from 7:00 a.m. to 6:00 p.m. Monday through Friday, and from 8:00 a.m. to 6:00 p.m. on Saturday, with no demolition activity permitted on Sunday or local, State or Federal holidays. CUP 05-16 971 PCH 3 , 20. 21. 22. Plannmg ComnusslOn Resolution 05-68 ConditIOnal Use Permit 05-16 971 Pacific Coast Highway (Automobz/e Service StatIOn) December 7, 2005 18. The establishment shall comply with Section 7.15, "Noise" of the City of Seal Beach Municipal Code 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 7.15. 19. 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-day appeal period has elapsed. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of issuance of a demolition permit by the Building Department for the structure at 1101 Pacific Coast Highway, 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. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new service station and convenience store. At the end of the initial term, the applicant may apply to the City Planning Commission for an Indefinite Extension of CUP 05-16. 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. 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 fi..om 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. CUP 05-16 971 PCH 4 J 4' Plannmg CommiSSion Resolution 05-68 Conditional Use Permit 05-16 97 I Pacific Coast Highway (Automobz/e Service StatIOn) December 7, 2005 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of December, 2005, by the following vote: AYES: Commissioners Deaton, O'Malley, Roberts and Shanks NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners 4A~ Gordon Shanks, Chairman Planning Commission ... CUP 05-16 971 PCI-l 5