Loading...
HomeMy WebLinkAboutPC Res 05-15 - 2005-04-06 RESOLUTION NUMBER 05-15 O~;j 6'~ ~( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 05-1, AMENDING SECTION 28-2318 OF THE CODE OF THE CITY OF SEAL BEACH TO ALLOW CONVENIENCE MARKETS IN CONJUNCTION WITH AUTOMOBILE SERVICE STATIONS WITH PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT; AND TO ESTABLISH A DEFINITION OF "CONVENIENCE MARKET" THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of April 6, 2005, the Plannmg Commission considered Zoning Text Amendment 05-1. This amendment would allow convenience markets as part of Automobile Service Stations upon Planning Commission approval of a Conditional Use PermIt; and a definition of "Convenience Market" would be added to the Code. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zonmg Text Amendment 05-1 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 it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; 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 by the Planning Commission on April 6, 2005 to consider Zone Text Amendment 05-1. Section 4. The record of the hearing April 6, 2005 indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. (c) The proposed text amendment will add a definition for "convenience market" in conjunction with automobile service stations in the General Commercial (C-2) zone. (d) The proposed text amendment will allow convenience markets in conjunction with automobile service stations through a discretionary Conditional Use Permit, approved by the Plannmg Commission at regularly held meetings. Section 5. Based upon the facts contained in the record, includmg those stated m ~ 4 of this resolution and pursuant to ~ 28-2600 of the CIty'S Code, the Planning CommIssion makes the following findings: (a) Zoning Text Amendment 05-1 is consistent with the proVIsions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result m changes inconsistent with the existmg provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Page 1 of3 Planning CommIssion ResolutIOn No 05-15 ZOning Text Amendment 05-1 Convenience Markets In AutomobIle Service StatIOns April 6, 2005 Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 05-1 to the City Council in substantially the following form: 1. Section 28-221.5 of Chapter 28 of The Code of the City of Seal Beach is hereby added to read: Convenience Market: Accessory use to automobile servIce station. Retail sales of food, beverages and small convenience items primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. Arcade machines are prohibited in a convenience market. 2. Section 28-2318 (B) of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read: B. Uses Permitted. An automobile service station shall be a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required in operation and maintenance of automobile vehicles and fulfilling of motorist automotive needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental motorist services and products and convenience market. Major automotive repairs, painting, body and fender work, and any other use permitted in the zone are prohibited. Only vehicles being serviced, vehicles of employed, and/or service vehicles shall be stored upon the site. Wrecked or dismantled vehicles shall be removed from the site within forty-eight hours. 3. A new subsection (M) of Section 28-2318 of Chapter 28 of The Code of the City of Seal Beach is hereby added to read: M. Sales of Beer and Wine. No alcohol shall be sold at an automobile service station convenience market, except as follows: 1. The service station convenience market shall comply with all requirements for off-sale retail applications in the City Council Policy on Standard Conditions for Alcohol Related Land Uses, including but not limited to the maximum proximity to residences, the proscription of an undue concentration of alcohol uses, and the prohibition on onsite consumption; and the Conditional Use Permit shall contain the Standard Conditions for Alcohol Related Land Uses, pursuant to the City Council Policy. 2. The service station convenience market shall be located in a zone permitting an automobile service station use. 3. The business shall not be located within 1000 feet of a park, religious institution or school, whether such use is within or outside of the City. 4. The distances specified in this section shall be measured in a straight line, without regard for intervening structures, from the property line of the lot containing the service station convenience market to the property line of the lot containing the residence, park, religious institution, school, or business. 5. The determination on whether to permit the sale of beer and wine at a service station convenience market shall be supported by written findings, based on substantial evidence in view ofthe whole record. Page 2 of3 Planning CommIssion ResolutIOn No 05-15 ZOning Text Amendment 05-1 Convenience Markets In Automobile ServIce StatIOns April 6, 2005 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of April 2005 by the following vote: AYES: Commissioners Ladner, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners Shanks ,U- P II adner Chairperson, Planning Commission Lee Whittenberg Secretary, Plannmg Commissio **** Page 3 of3