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HomeMy WebLinkAboutCC AG PKT 2009-10-12 #IADEN®A STAFF REPORT DATE: October 12, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Terrence Belanger, Interim Director of Development Services Prepared By: Jerry Olivera, Senior Planner SUBJECT: PUBLIC FIEARING DE NOVO -CONDITIONAL USE PERMIT 09-5, 4000 LAMPSON AVENUE SUMMARY OF REQUEST: After receiving all public testimony, the City Council has the following options: 1) Direct staff to draft a resolution denying Conditional Use Permit 09-5. 2) Direct staff to draft a resolution conditionally approving Conditional Use Permit 09-5 with appropriate conditions. 3) Continue the public hearing to provide the applicant with an additional opportunity to present evidence to the Council. BACKGROUND: The Applicant filed an application for Conditional Use Permit 09-5, to convert service bays to retail space at the existing service station located at 4000 Lampson Avenue. On August 19, 2009 the Planning Commission conducted a public hearing and directed staff to draft a resolution denying the subject request on a 5-0 vote. On June 3, the Planning Commission adopted Resolution No. 09- 19denying the subject application on a 5-0 vote. Please refer to Attachment 2 to review the Planning Commission Resolution No. 09-19 for the findings and determination of the Planning Commission. Please refer to Attachment 3 to review the Planning Commission Minutes of August 19 and September 9, 2009 and to Attachment 4 to review the Planning Commission Staff Report of August 19, 2009. The Applicant timely appealed the Planning Commission's decision and the matter is now before the City Council for consideration at a de novo public hearing. Agenda Item Page 2 FACTS: ^ The Planning Commission held a duly noticed public hearing on August 19, 2009 to consider Conditional Use Permit 09-5, a request to convert existing service bays within a service station to retail space. Specifically, the applicant proposed to convert three (3) existing automobile service bays ~to two (2) separate retail spaces. One of the proposed retail spaces would be approximately 800 square feet and the other would be approximately 525 square feet. Both written and oral evidence was submitted for the project. After receiving all public testimony the Planning Commission closed the public hearing and after discussion, the Commission directed staff to draft a resolution denying the request. The Commission adopted Resolution 09-19 denying the subject application at the September 9, 2009 Planning Commission meeting. The Commission found that the proposed use is not compatible with the surrounding residential neighborhood because the parking design is inadequate and the proposed project would create litter, noise, traffic congestion and odor. ^ On September 15, 2009 an appeal was filed (See Attachment 1). The matter is now before the City Council for consideration at a de novo public hearing. STANDARD OF REVIEW FOR CONDITIONAL USE PERMIT: (n genera(, the Seal Beach Municipal Code (Code) provides for certain types of uses to be permitted by right within various commercial zones throughout the City. Other types of uses that have a potential for adverse impacts to surrounding properties or neighborhoods may be conditionally approved only if the City can make certain findings, and can impose conditions, to ensure compatibility. Specifically, Section 28-2503, states: `The Planning Commission may grant a conditional use permit in the case of an application for a use which is required to be reviewed and conditioned prior to approval so as to insure compatibility with surrounding uses and the community in general and the General Plan." Further, Section 28-2504, states: `The purpose of a conditional use permit shall be to insure proposed uses are compatible with surrounding uses and not detrimental to the neighborhood. " APPELLANT'S REASONS AS TO WHY IT FEELS THE PLANNING COMMISSION DECISION WAS IN ERROR: Please refer to Attachment 1 to review the written "Appeal Application to City Council" and accompanying attachments. The appellant/applicant is requesting that the City Council approve the requested Conditional Use Permit. Page 3 DISCUSSION RELATING TO THE "STANDARDS OF REVIEW" FOR CONDITIONAL USE PERMIT APPROVALS: The subject application can be conditionally approved only if the City Council finds that the proposed use is compatible with the surrounding uses and is not detrimental to the neighborhood. Based upon the evidence presented tonight, can the Council impose reasonable conditions to ensure that the conversion of service bays to two retail uses does not have a detrimental effect on the surrounding uses and is compatible with those surrounding uses? CITY COUNCIL OPTIONS re: APPEAL: After receiving all public testimony and the record of the public hearing, the City Council has the following options: 1) Direct staff to draft a resolution denying Conditional Use Permit 09-5, or 2) Direct staff to draft a resolution approving Conditional Use Permit 09-5 with appropriate conditions, as may be specified by the City Council upon receipt of all public testimony and completion of City Council deliberations. 3) Continue the public hearing to provide the applicant with an additional opportunity to present evidence to the Council. FISCAL IMPACT: Minor. There is the potential for increased sales tax revenue if the existing service bays are converted to retail uses, but the potential sales tax difference between automobile repair and the proposed retail uses is unknown at this time. S MITTED BY: NOTED AND APPROVED: 0~' per/ ~ Y ~~ Terrence Belanger, Interim David Carmany Director of Development S ices City Manager Attachments: (5) Attachment 1: Appeal of Bhupinder S. Mac, received September 15, 2009, and attachments Attachment 2: Planning Commission Resolution 09-19, adopted September 9, 2009 Attachment 3: Planning Commission Minutes: August 19 and September 9, 2009 Attachment 4: Conditional Use Permit 09-5, Planning Commission Staff Report, dated August 19, 2009 Attachment 5: Project Development Plans Page 4 ATTACHMENT APPEAL O~ BHUPINDER S. MAC, RECEIVED SEPTEMBER 15, 2009, AND ATTACHMENTS Aug 31 U9 U''L:L'3p APPEAL APPLICAII TION TO CITY COUNCIL For Office Use Oily SEP 15 2009 CITY O SEA E8 qCH Planning C~ammicainn fl2te' Piannirip Comm. Resolution No.: Planning Commission Action: Approval Denial Other Date Appeal Filed: City Council Date: Notice Date: City Council Action: Resolution No.: 1. Property Address: ~- d a ~ ~ /~°it P~ ~ io Jl~ r~-y ~~ . 2. Applicants Name: ~~~f~~~ ~ S. !c/1!~ er Address: _~ ~~ • ~~it1 c~~~ :~~~ . '~~~~~/~n~C% f~i/l. c C/~ .°r ir3~ ~ Work Phone: ($C~ ?/D -f3~ !~_ ~ Mobile: ~~ ~ ~y r/ ~c~3 Nome Phone: ( ) FAX: ($(~j 7/ D - 3 ~ ~l ~ 3. Property Owner's Name: 2 .. ~GLG Address: ~ Cf Ce ~ i~2 . rod/!uU® Y/.r ~~l . ~i13~~-- Home Phone: ~~~) Z 1©-~ ~ a 1 ~- 4. The undersigned hereby appeals the fallowing described ction of the Seal Beach Planning Commission concerning Public Hearing No. C-'LL ~ l~ ~- 5' Attach a statement that explains in detail why the decision of the Planning Commission s being appealed, the specific conditions of approval being appealed, and include your statements indicating where the Planning Gommission may be in erfor. / `z._ (Signet of Applicant) ~~ ~/~~i~n~ .~' . I`~7n9C (Print Name) 9/~y/o9 (Date) 33 of 35 {Signatu f Owner) ~,~u~/~~~rz s. ~q~ (Print Name) 9//~/o~i (Date) ~~~~~ b ~~ - ~.4 ~ ~_.; ~...n.. _.....~.~._~...._..,~ 1 SEP ~ 5 2Gi:~~ __~ s" ~.._ SEP.. ~i. 5 2009 .,. ciTY cLEArc CITY OF SEAL BEACH P,O. Box 3835 Ban Dimas, CA 91773 CZJ]P 09-5 (Appeal StateBnent) September 14, 2009 City of Seal Beach (Department of IDevelopment Services 211 Eighth Street Seal Beach, CA. 90740 RE: Appeal Statement Conditional Use Permit 09-5 Chevron Service Station 4000 I.ampson Ave. Seal Beach, CA. 909-657-8410 (phone) 909 599-8993 (fax) The property owner, Mr. Bhupinder S. Mac, is appealing the Planning Commission's denial of Conditional Use Permit 09-5, to convert the vacant lube bay azea of the existing service building into retail space. Based on the staffs recommendation for approval and the fact that the proposed conversion is consistent with the provisions of the Land Use Element of the City's General Plan we feel that this appeal is justified. The existing Tube bay portion of the building has been unoccupied and vacant for almost a year now. Due to the lack of revenue that empty space represents, and in order to try and remain competitive with other service stations throughout the city where other services such as caz washes and fast food restaurants aze offered, the property owner has decided to appeal the Planning Commission's denial of the project. mcerely, .~ Jim org 1AF a%pment 5ervice~ Page 5 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 09-19, ADOPTED SEPTEMBER 9, 2009 RESOLUTION NUMBER 09-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYIlVG CONDITIONAL USE PERMIT 09-5 TO CONVERT THE SERVICE BAY AREA OF AN EXISTING SERVICE STATION TO RETAIL SPACE AT 4000 LAMPSON AVENUE, SEAL BEACH (COLLEGE PARK CHEVRON) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 1, 2009, Bhupinder 5. Mac (the "Applicant") applied for Conditional Use Permit (CUP) 09-5 with the Department of Development Services to convert the service bay area of an existing service station to retail space at 4000 Lampson Avenue, Seal Beach. Section 2. Pursuant to 14 California Code of Regulations § 15305 and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Conditional Use Permit 09-5 to convert the service bay area of an existing service station to retail space is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations § 15301 (Existing Facilities), because the proposal involves a negligible expansion of an existing use; 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 of 20% slope or a change in land use or density. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on May 6, 2009 to consider the application for Conditional Use Permit 09-5. At the May 6, 2009 hearing, the Planning Commission continued the public hearing to the regular meeting of May 20, 2009 at the request of the staff. At the May 20, 2009 hearing, the public hearing was again continued to the regular meeting of June 3, 2009. At the public hearing of June 3, 2009, public testimony was received and the Planning Commission requested that a revised site plan be submitted and continued the public hearing to the regular meeting of June 17, 2009. At the June 17, 2009 hearing, the item was tabled and no public testimony was received. The item was subsequently re-noticed and brought back before the Planning Commission on July 22, 2009. At the meeting of July 22, 2009, additional public testimony was received and the item was continued until the regular meeting of August 19, 2009 at the request of Chairperson Deaton, so that Commissioner Eagar could be present for the discussion. At the meeting of August 19, 2009, the Planning Commission once again considered the application for Conditional Use Permit 09-5. At the public hearing, the Planning Commission received written and oral testimony on the proposed project. Section 4. Based upon the facts contained in the record, including those stated in this resolution and pursuant to the City Code, the Planning Commission makes the following findings: 1 of 4 Planning Commission Resolution No. 09-19 Conditional Use Permit 09-5 4000 Lampson Avenue (College Park Chevron) September 9, 2009 (a) On April 1, 2009, Bhupinder S. Mac applied for Conditional Use Permit (CUP) 09-5 with the Department of Development Services to allow the conversion of the service bay area of an existing service station to retail space. (b) Specifically, the Applicant is requesting to convert an approximately 1,325 square foot area consisting of three individual service bays into two separate retail lease spaces of approximately 800 square feet and 525 square feet respectively. (c) The existing convenience market is proposed to remain as is. (d) The subject property has operated as an automobile service station since 1968. The City has granted the following approvals at this location: Plan Review 17-67 for a new Mobil station on November 1, 1967; Variance 1-89 on Mazch 15, 1989 to allow a variance from the minimum lot size requirement of 22,500 square feet for the 22,112 square foot lot; Conditional Use Permit 14-88 on Mazch 15, 1989 for remodel, new pump islands and dispensers; Conditional Use Permit 97-14 for addition of a 127 square foot mezzanine within the existing automobile service station; and Conditional Use Permit 06-3 for the establishment of a convenience store in conjunction with the service station. (e) The subject property currently contains a Chevron Service Station with three vacant auto repair bays. (f) The subject property is described as Orange County Assessor's Parcel Number 217-231-01 and is located at the southeast comer of Lampson Avenue and Basswood Street. (g) The surrounding land uses and zoning are as follows: NORTH Across Lampson Avenue, the Old Ranch Country Club and golf course in the Public Land Use/Recreation (PLU/R) Zone SOUTH Multi-family residential townhouse development in the Residential Medium Density (RMD) Zone EAST Multi-family residential townhouse development in the Residential Medium Density (RMD) Zone WEST Across Basswood Street, the Seal Beach Tennis Club in the Public Land Use/Recreation (PLUlR) Zone (h) The Seal Beach Police Department has reviewed the application and plans and has no objections. (i) As of August 19, 2009, Staff had received a total of thirteen (13) letters in response to the hearing notices that were mailed and published for the proposed project CUP 09-5. Twelve of these letters were in opposition to the conversion of the service bays; one letter was in support. 2 of 4 Planning Commission Resolution No. 09-19 Conditional Use Permit 09-5 4000 Lampson Avenue (College Park Chevron) September 9, 1009 Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§28-1400, 28-2318, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 09-5 for the conversion of existing service bay area of a service station to retail space is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits automobile service stations 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 4000 Lampson Avenue are not adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property is approximately .52 acres in area, and will not provide an adequate number of code required parking spaces due to substandard parking stall dimensions, as shown on the submitted plans. (c) The proposed retail uses at 4000 Lampson Avenue, as conditioned, meet all criteria for retail uses within the C-2 (General Commercial) zone, as set forth in the Code. (d) The service station has recently been the subject of neighborhood complaints relating to operational noise and lighting. The proposed retail uses can reasonably be expected to increase operational noise and lighting at the service station. (e) Operation of complementary retail uses on the site would not be compatible with the adjacent residential uses and would result in additional adverse impacts to these adjacent residential uses. Section 6. Based upon the foregoing, the Planning Commission hereby denies Conditional Use Permit 09-5. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of September 2009 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 3 of 4 Planning Commission Resolution No. 09-19 Conditional Use Permit 09-5 4000 Lampson Avenue (College Park Chevron) September 9, 2009 Ellery Deaton Chairperson, Planning Commission ~~ ee Whittenberg Secretary, Planning Commission ***~~ 4 of 4 Page 6 ATTACHMENT 3 PLANNING COMMISSION MINUTES: AUGUST 19 AND SEPTEMBER 9, 2009 -1 ~,ONSENT CALENDAR /~ ~. City of Seal Beach Planning Commission Meeting Minutes of August 19, 2009 3 1. ilding Activity Report -July 2009. 4 5 2. Rece ~ and File: Reburbia - A Suburban Design Competition. 6 7 MOTION by M a-Lavitt; SECOND by Larson to approve the Co ent Calendar as 8 presented. 9 10 ~ MOTION CARRIED: 0 11 AYES: Dea n, Bello, Eagar, Larson, an assa-Lavitt ' 12 NOES: None 13 ABSENT: None 14 15 SCHEDULED MATTERS 16 17 3. Approve Planning Commission Meet Minutes of July 22, 2009. 18 19 Mr. Flower noted that Commissioner gar Id abstain from voting on this item, as 20 he was not present at the meeting o my 22, 20 21 22 MOTION by Larson; SECOND y Bello to approve a Planning Commission Meeting 2~ Minutes of July 22, 2009, as esented. i 25 MOTION CARRIED: 4 0 - 0 - 1 26 AYES: Baton, Bello, Larson, and Massa-L itt 27 NOES: None 28 ABSENT: None 29 ABSTAIN: Eagar 30 31 4. Approv tanning Commission Meeting Minutes of August 5, 200 32 33 Chairper n Deaton noted that she would abstain from voting on this ite as she was 34 not pr nt at the meeting of August 5, 2009. 35 36 M ION by Bello; SECOND by Larson to approve the Planning Commission eeting 37 mutes of August 5, 2009, as presented. 38 39 MOTION CARRIED: 4 - 0 - 0 -1 40 AYES: Bello, Eagar, Larson, and Massa-Lavitt 41 NOES: None 42 ABSENT: None 43 ABSTAIN: Deaton 4 45 PUBLIC HEARINGS 4i 6. Conditional Use Permit 09-5 & Variance 09-4 48 4000 Lampson Avenue (Chevron Station) _ 2of12 City of Sea! Beach Planning Commission Meeting Minutes of August 79, 2009 " ~ Applicant/Owner: Bhupinder S. Mac 3 Request: Approval of a Conditional Use Permit to convert the service 4 bay area of an existing service station to retail space and a 5 Variance to add a Type 20 ABC license (Off-sale beer and 6 wine) for the existing convenience store. 7 8 Recommendation: Approval of Conditional Use Permit 09-5, subject to 9 conditions, and adoption of Resolution 09-19. Deny 10 Variance 09-4 through adoption of Resolution 09-30. 11 12 Staff Report 13 14 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning 15 Department.) He provided some background information on this item and noted that it 16 was last before the Planning Commission (PC) on July 22, 2009, at which time both the 17 PC and the applicant requested that this item be continued. He then indicated that the 18 proposal by the applicant to convert the unused service bays to retail space has in 19 recent years become a common practice, with service stations moving away from the 20 traditional automobile service/tube bays to other types of uses, such as laundromats, 21 sandwich shops, and convenience stores. He reviewed the proposal to convert the two 22 service bays into two separate retail spaces to house an approximate 800 sq. ft. ?~ restaurant use, such as Subway or Quizno's, and an approximate 500 sq. ft. space for a ~ ~ dry cleaner. He noted that the dry cleaning plant would not be located on the premises, 25 but this would simply be adrop-off/pick-up location. Mr. Olivera then stated that on the 26 site plan Staff has indicated that the proposed parking for the restaurant would require 27 an additional 8 spaces (1 space per 100 sq. ft.) and an additional 2 spaces (1 space per 28 300 sq. ft.) for the dry cleaning use. He explained that the dimensions of the additional 29 parking stalls proposed do not fully meet Code requirements, and the applicant has the 30 option to convert up to 25% of the required parking spaces to compact stall dimensions. 31 He added that the proposed parking could meet the compact stall dimensions, with the 32 balance required reconfigured to comply with required parking standards. Staff 33 recommends that the PC condition approval of the plans with the condition that they 34 reflect the correct parking space dimensions as required by City Code. Mr. Olivera 35 continued by stating that Staff supports approval or Conditional Use Permit (CUP) 09-5, 36 but does not support Variance (VAR) 09-4, as this is not in compliance with City Code. 37 He noted that Chief of Police Kirkpatrick is also in agreement with this assessment. 38 39 Commissioner Questions 40 41 Commissioner Eagar asked why the parking standards for a service station would still 42 apply if the service bays would no longer exits. Mr. Olivera explained that because this 43 is still a gasoline service station, 5 parking spaces must be provided for this use, as 44 required by City Code. Commissioner Eagar then asked how many spaces could be 45 added with the conversion to compact stalls. Mr. Olivera stated that at 20 required ' spaces, they could provide up to 5 compact parking spaces. 47 .. 3of12 City of Seal Beach Planning Commission Meeting Minutes ofAugust 19, 2009 ~' Commissioner Massa-Lavitt stated that the parking design is less than perfect and is inadequate, and in converting some of the spaces to compact size, they will only pick up 3 one more space. She then noted that because of the dimensions of the parallel parking 4 spaces, they would lose a couple more of these spaces, and most of the parking spaces 5 are parallel. She pointed out several other problematic areas for parking~and stated that 6 it is not the PC's job to redesign the parking for this project, but the applicant should 7 listen to the comments made and take them seriously. She commented that the 8 applicant has submitted the same plan 3 times in a row with no changes to the parking 9 except to move the handicapped parking space, and she does not believe that the 0 applicant has adequately listened to Staff regarding what the accurate dimensions 1 should be for parallel parking. Public Hearing Chairperson Deaton opened the public hearing. 17 Jim Forgey noted that the site plan does show 20 parking spaces and the dimensions 18 for the existing spaces as shown are correct. Chairperson Deaton asked if the 19 dimensions comply with City Code. Mr. Forgey stated that they are in compliance per 20 the approved plan as it went through plan check approximately 3 years ago. He then 21 indicated that with the compact dimensions there would be sufficient parking on the site, 22 and noted that there are 8 fueling stations, and these would also allow for parking. He 2~ added that research shows that 85% of people accessing the convenience store are '. ~ customers who are at the station to fuel their cars. Chairperson Deaton commented 25 that when traveling by car and stopping for fuel she moves her car away from the fuel 26 pump to an alternate parking space when using the convenience store, as there are 27 always cars waiting to use the gas pumps. Mr. Forgey then noted that he and the 28 applicant met with the property owners within the Old Ranch Townhomes development 29 to hear their concerns and the applicant has proposed the following: 30 31 1. Shields are to be added to the perimeter yard lights to prevent overspill of lighting 32 onto surrounding properties. 33 2. The applicant has agreed that the track light on the exterior wall on the east side of 34 the building will be turned off in the early evening to prevent overspill of lighting onto 35 the adjacent property. Chairperson Deaton asked what time. Mr. Forgey stated that 36 the applicant had proposed 10:00 p.m., but he would agree to any time proposed by 37 the community. 38 3. Create a designated loading zone to the west side of the building, away from the 39 residences, to help reduce noise from delivery trucks. 40 4. Applicant will work with retail tenants regarding concerns over hours of operation. 41 Chairperson Deaton asked what the proposed hours of operation are to be. Mr. 42 Forgey stated he would let the applicant respond to this. 43 5. To prevent the accumulation of trash, applicant will increase weekly trash service 44 from 2 pick-ups per week to 4-5 per week, and will also provide trash receptacles at 45 the corners of the parking areas to the rear of the service station. 6. With regard to increased traffic and accessibility to Basswood Street, the service 4i station has 4 driveways, 2 on each side of the property, providing adequate access 48 from either Basswood or Lampson Avenue. 4 of 12 City of Seal Beach Planning Commission Meeting Minutes of August 19, 2009 ~ 7. Applicant will post signs prohibiting skateboarding at the rear side of the building and will monitor to ensure that this activity does not occur. Chairperson Deaton asked if 3 this is to be monitored with cameras. Mr. Forgey stated that on-site personnel would 4 monitor this. Jim Derry, resident of Old Ranch Townhomes, stated that although the residents did have a very cordial meeting with the applicant and his representatives, not much was resolved. He thanked them for meeting with the residents, but the reality is that the issues remain the same. He noted that although there are 4 driveways to the service station, the 2 exits onto Basswood are where cars turn right to then proceed to turn left onto Lampson Avenue, and cars block traffic when doing so. The 2 driveways onto Lampson Avenue allow traffic to travel east bound but many drivers will cross the double yellow line to make a left turn westbound on Lampson Avenue creating a dangerous situation. With regard to noise from delivery trucks, Mr. Forgey failed to mention that the huge semi-truck that delivers fuel blocks a significant number of parking spaces and many other huge trucks also block parking spaces when making deliveries. He expressed the appreciation of the residents for the concessions proposed to help mitigate the glare from lighting. With regard to the applicant's claims that the business will not make it without approval of the additional retail and the alcohol sales, Mr. Derry stated that the applicant knew what the business was when it was purchased and what the restrictions were when they signed on with Chevron. He noted that the reason the service bays are being taken out is that Chevron does not allow this. He then commented that he believes the request for the sale of alcohol was simply brought into the negotiations as a "throw away" to make it more likely that they would receive approval on the retail uses. He noted that this was the same negotiating ploy used when the initial application for the convenience store was made. Mr. Derry continued by stating that there have been no other suggestions for uses to go into the service bay area other than food and a dry cleaner, and residents believe that this would not be conducive to a neighborhood such as College Park East (CPE), particularly since this location serves as the main portal to this neighborhood community. He urged denial of CUP 09-5 and VAR 09-4. Robert Tumelty, a resident of Old Ranch Townhomes, stated that he walks or drives by the Chevron station every day and this is a highly congested area.. He urged the PC to approve CUP 09-5 as Staff has recommended and deny VAR 09-4. Jan Howland, Old Ranch Townhomes, agreed with the previous speakers in urging denial of CUP 09-5 and VAR 09-4. 40 Schelley Sustarsic, College Park East, spoke in opposition to CUP 09-5 and VAR 09-4 41 stating that parking at this service station can get very tight, with cars stacked on queue 42 for fueling, and noted that this is a very busy intersection and can become very 43 congested. She also commented on the noise that occurs with fast food restaurants 44 with customers arriving and departing, and feels that this might be a problem for 45 surrounding residents. She then expressed concerns with potential odors emanating from the fast food restaurant or the cleaners, and questioned whether there would be 4i any controls over what type of business would come in should the sandwich shop or 48 cleaners not succeed and vacate. With regard to the sale of alcohol, Ms. Sustarsic - 5of12 City of Seal Beach Planning Commission Meeting Minutes of August 19, 2009 ~ noted that the California State PTA in 1985 adopted a resolution against selling alcohol ` at gasoline stations and another in 1997 against the sale of alcohol near schools and 3 playgrounds. She stated that youths frequent these stores and there is the influence of 4 liquor on them and once you issue an alcohol license it remains with the property and 5 the business could change into something that would be detrimental to the surrounding 6 neighborhood. Chairperson Deaton requested clarification on the consensus of the 7 speakers tonight with regard to this application. Ms. Sustarsic stated that she does wish 8 to support businesses; however, she believes approving retail at this location would 9 definitely have an impact upon the neighboring homes, especially if the businesses 10 proposed are not the ones that end up there. 11 12 Matt Meader, Old Ranch Townhomes, stated he lives directly behind the gas station, 13 and they have been good tenants over the years, but what concerns him the most is 14 that formerly the service bays were open from 8:00 a.m. to 6:00 p.m. and afterwards it 15 was quiet with the lights turned out, but the proposed retail uses with parking to the rear 16 of the building wi11 create a lot of noise late into the night. He noted that all of the 17 bedrooms for these townhomes are on the second level, making it difficult to have a wall 18 high enough to provide the privacy residents need. He also cited problems with trash 19 from wrappers and containers of items purchased at the store being disposed of in the 20 bushes of a nearby park. He added that increasing the trash pick ups will also mean 21 experiencing noise on a more frequent basis. Mr. Meader also expressed concerns 22 with the potential for a change in tenants in the retail spaces. 2~ ~. Mike Bubbe spoke in support of the residents of CPE noting that commercial ventures 25 should not disrupt the peace and quality of life of surrounding residents. He 26 recommended denial. 27 28 Chairperson Deaton asked Mr. Derry to clarify what the residents are asking for. Mr. 29 Derry stated that they support Staff's position to deny VAR 09-4, but do not support 30 Staff's recommendation in granting CUP 09-5. Chairperson Deaton asked what they 31 did not like about the CUP. Mr. Derry stated that residents would like everything to 32 remain as it is, with the service bays in operation. Commissioner Eagar asked if during 33 the meeting with the applicant, was the request to not bring in the retail discussed with 34 the recommendation to expand the convenience store into the remaining space. Mr. 35 Derry stated that this was not discussed at the meeting; however, Mr. Derry suggested 36 this to the applicant, who stated that Staff had indicated that this would not be possible. 37 38 Marty Balya, representative for the applicant, thanked the PC and the residents of Old 39 Ranch Townhomes stating that he wants to be a part of the neighborhood. He then 40 proceeded to address the~concerns presented as follows: 41 42 1. What about trash? 43 44 A lot of money has gone into improving this facility and they wish to keep it clean 45 and attractive, but in order to ensure that the property is kept clean, it will be necessary to have trash picked up at least 4-5 times per week. 4/ 48 6of12 City of Seal Beach Planning Commission Meeting Minutes of August 19, 2009 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 25 26 27 28 29 30 31 32 33 34 2. Parking This was already addressed by Staff. 3. Hours of Operation The hours of operation will be determined by what the neighborhood recommends. Even though the station is currently permitted to operate until midnight, the owner closes at 10:00 p.m. and will close earlier if residents so desire. 4. "Why in my back yard?" Every attempt has been made to operate a nice, clean service station that will not be an eyesore for surrounding residents or adversely impact the community. 5. Appearance of exterior of retail building. The exterior of the new building will be the same texture and color as the existing building. 6. Can the repair shop be brought back? Although the repair shop business was doing well, the mechanic asked if prices could be lowered so that he could have more customers. He then renewed his lease for another 3-5 years and the applicant told Chevron that this was an existing lease and the applicant would be required to honor it, but Chevron had a problem with renewing the lease with the mechanic. He stated that the mechanic later called Mr. Balya to state that he was vacating without notice, and now Chevron will not agree to allow another lease for repair services with another mechanic. He indicated that even though the residents wish to have the service station remain as it was, this is no longer possible. 7. Alcohol sales. 35 The applicant does not wish this to become a liquor store, but to simply allow the 36 convenience store to be a one-stop place to shop to help reduce traffic and provide 37 a convenient place to shop. Also, the store will not be open until 1:00 or 2:00 a.m. to 38 sell alcohol, but will continue to close by 10:00 p.m. He noted that this is not about 39 bargaining but is an issue of survival. 40 41 8. Ownership of property. 42 43 Nivair Corporation is a California corporation and when purchasing the property from 44 the previous owner, they were not aware of how many previous approvals had been 45 granted or how they gained approval. He emphasized that as the new owners they are honest people with high standards. 4l 48 9. Skateboarders. 7of12 City of Seal Beach Planning Commission Meeting Minutes ofAugust 19, 2009 1 The service station does have a security system and they will monitor this activity to 3 ensure that it does not continue. Residents will be provided with an emergency 4 contact number to call whenever skateboarders are present. 5 . 6 10. Deliver trucks. 7 8 Except for the gas delivery truck, all other delivery trucks have a designated area for 9 making deliveries 10 11 Mr. Balya then stated that at the resident meeting he had proposed leaving the business 12 if residents were willing to pay him the cost of his investment of $2.5 million in this 13 property, and they could then determine what they wished to do with the property. 14 15 Commissioner Eagar suggested installing rear entrances to make entering the retail 16 businesses easier for customers parking in the 10 parking spaces at the rear of the 17 property. He cited this as a security issue. He stated that Nirvair has been a good 18 business owner and also suggested simply expanding the existing convenience store 19 into the vacant service bay areas. He said he has a big concern with the entire plan as 20 presented. Mr. Balya asked that Commissioner Eagar specify his concerns. 21 Commissioner Eagar stated the he is concerned with the security of the rear parking 22 area. Mr. Balya stated that the service station does have a security system, and he will 2~ recommend that employees park in the rear parking lot so that customers can use the front parking. Commissioner Eager asked how many employees the retail businesses 25 would have. Mr. Balya stated that the is not certain, but he emphasized that they will 26 not have a "fast food" restaurant, but simply a food business with no drive-thru window. 27 28 Commissioner Massa-Lavitt asked how many employees would be on site. Mr. Balya 29 stated that currently there is one employee, but there could be a maximum of two. 30 31 There being no one else wishing to speak, Chairperson Deaton closed the public 32 hearing. 33 34 Commissioner Comments 35 36 Commissioner Eagar asked if one of the service bays could be demolished and the 37 other used to expand the convenience store. Mr. Olivera stated that this could be done, 38 and the only thing that might preclude this would be the requirement for additional 39 parking for the larger store. He commented that as mentioned by Mr. Derry, when he 40 visits the station to fuel his car, he usually leaves it parked at the fueling pump while he 41 visits the convenience store. Commissioner Eagar then stated that he is happy to see 42 that the applicant is working with the residents, but he still has concerns regarding the 43 rear parking area, and the fact that the CUP runs with the property and should this 44 property owner leave, the new owners may request a variance for something else. Mr. 45 Olivera noted that City parking requirements do factor in employee parking as well as customer parking. With regard to having control over the types of businesses that might 4r go into these spaces, Mr. Olivera noted that the applicant has proposed a sandwich 48 shop and a dry cleaner, but should the PC approve CUP 09-5, Staff has worded 8of12 City of Seal Beach Planning Commission Meeting Minutes of August 19, 2009 would be within the PC's discretion to specify the type of use to be permitted in these retail spaces. The Senior Planner then addressed concerns over noise created by a 3 restaurant type use, and noted that the difference between the proposed sandwich shop 4 and the Jack-in-the-Box is that there will be no drive thru at this location. He then 5 addressed the issue of hours of operation and stated that although the service station is 6 currently permitted to operate between the hours of 5:00 a.m. and midnight, Staff has 7 proposed that the PC condition the hours of operation for the retail portion to be from 8 7:00 a.m. to 9:00 p.m., and the PC could further restrict these hours if desired. Mr. 9 Olivera then noted that Staff's recommendation to deny the request for the alcohol 10 license had to do with the fact that this specific census tract is currently at the level of 11 concentration, which is 3 off-sale licenses, and to approve an additional license would 12 place this tract in a state of over-concentration and would require a Letter of Public 13 Necessity and Convenience from the PC, acknowledging that the public necessity and 14 convenience would be served by the approval of the Conditional Use Permit for the 15 license. Commissioner Larson stated that the fact that this business is within 100 feet 16 of residences already precludes approva( of this request. Mr. Olivera then addressed 17 the recommendation for creating rear entrances to the retail businesses, stating that in 18 speaking with a number of law enforcement officials having a rear entrance in a 19 convenience store would be more of a security risk, particularly in the case of an ?0 attempted robbery. Commissioner Eagar reminded the Commission that the retail center on the corner of Seal Beach Boulevard (SBB) and Lampson Avenue has several sandwich shops and fast food restaurants. This is why he has a problem with permitting the retail uses. Commissioner Larson stated that the job of the PC is to preserve the quality of life for the people living in Seal Beach. He noted that the PC is not in partnership with the Chamber of Commerce or businesses, but should work to provide a nice place to live so that people can enjoy their residence, as this is the primary reason for living in Seal Beach. He stated that while this is not a big business, it is a business and intrudes into the livability of the neighborhood, so he is reluctant to vote for any changes when the homeowners have not been satisfied that their concerns will be met. He added that although the applicants are nice gentlemen, he is not convinced that all of the concerns expressed can be adequately addressed. He stated that his prime concern is the people in the community who are feeling threatened by the change in use. Commissioner Bello stated that she also has serious concerns with the plan as presented, especially with the noise and parking issues, and the Variance she would not even consider. She asked which came first the townhomes or the gas station. Mr. Olivera interjected that the gas station was constructed in 1968, and the townhomes were constructed in 1974. Commissioner Eagar noted that the people have spoken and he always votes in favor of what the people have said. Commissioner Massa-Lavitt stated that she is not able to make findings for approval of 47 Variance 09-4, and in terms of the proposed retail use, it is unfortunate that the service 48 bays were removed. She asked how long ago they had been removed. Mr. Olivera - 9of12 City of Seal Beach Planning Commission Meeting Minutes of August 19, 2009 ' stated that the applicant had stated that they had been out of service for at least 6 _ months. Commissioner Massa-Lavitt asked if there were a sunset clause when this use 3 would lose its entitlement. Mr. Whittenberg stated that this does not apply in this case, 4 and the service bays could be opened if they wished, since the current CUP does allow 5 this as part of the business operation. Commissioner Massa-Lavitt then noted that 6 moving the loading area was going to present a physical problem. She said that it 7 sounds as though there will be increased noise and activity and neighboring residents 8 who previously enjoyed some measure of quiet from this business in terms of the 9 service bays consistently closing at 6:00 p.m. and the convenience store closing at 10 10:00 p.m., would find these conditions "hard to beat," and she cannot think of any 11 reason to vote to approve additional impacts to surrounding residents. 12 13 Chairperson Deaton stated that during the discussion related to the Jack-in-the-Box on 14 8th Street, the issue was not the drive-thru window but trash, late night visitors, people 15 talking behind the restaurant, the opening and closing of the doors, and the litter left in 16 the parking lot. She said that this application is a real problem and it is like trying to 17 stick a square peg into a round hole, and it is not working. She noted that the hours of 18 operation are a problem, and the alcohol permit is not going to happen, as there is no 19 way to make the findings to allow for approval of this Variance. She stated that parking 20 is also an issue and she would be in favor of denying the entire proposal as the 21 representative for the Old Ranch Townhomes has requested. 22 ~~ ~ MOTION by Eagar; SECOND by Massa-Lavitt to deny Conditional Use Permit 09-5 as '. presented. 25 26 MOTION CARRIED: 5 - 0 27 AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt 28 NOES: None 29 ABSENT: None 30 31 Mr. Flower noted that Staff would return with the final resolution to deny for adoption at 32 the next scheduled meeting. He noted that the 10-day appeal period would begin after 33 adoption of Resolution 09-19 to deny Conditional Use Permit 09-5. 34 35 MOTION by Larson; SECOND by Eagar to deny Variance 09-4 and adopt Resolution 36 09-30 as presented. 37 . 38 MOTION CARRIED: 5 - 0 39 AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt 40 NOES: None 41 ABSENT: None 42 43 Mr. Flower advised that the adoption of Resolution No. 09-30 begins a 10-day calendar 44 appeal period to the City Council. The Commission action tonight is final and the 45 appeal period begins tomorrow morning. 47 5. Main Street Specific Plan (MSSP) 48 - "~- 10 of 12 1 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of September 9, 2009 Chairp on Deaton cal e e uled meeting of the Planning Commissio 0 order at 7:30 p.m. on Wednesday, September 9, 2009. Th eeting was held in the Council Chambers and began with the Salute to the F ROLL CALL Present: Chairperson De Commissioners o, Eagar, Larson, and Massa-Lavitt. Also Present: De artment of Develo ment es Lee Whittenberg, Director evelo ent Services Jerry Olivera, Senior PI ner Absent: Steve Flower ssistant City Attorney AGENDA APPRO MOTION by lo; SECOND by Larson to approve the Agenda as pres MOTI . CARRIED: 5 - 0 AY Deaton, Bello, Eagar, Larson, and Massa-Lavitt NOES: None ABSENT: None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Jim Forgey, representing the property owner of the Chevron Station at 4000 Lampson Avenue, expressed appreciation for the support provided by Staff throughout this process and the opportunity to present this project before the Planning Commission (PC). He stated that despite the property owner's desire to work with the City and residents of the community by proposing site lighting changes, delivery truck noise reduction measures, alleviating trash problems, and adjusting the hours of operation for the proposed new retail businesses, he understands that tonight the PC is to vote to deny the proposed retail space on the property. He continued by stating that the These Minutes were transcribed from audiotape of the meeting. 1 of 4 City of Seal Beach Planning Commission Meeting Minutes of September 9, 2009 1 property owner is left with the decision to move forward and appeal tonight's denial or to 2 attempt to sell the property in-lieu of the prospect of continued loss of revenue. 3 4 Mr. Marty Balya of Nirvair Corporation encouraged the PC to support Conditional Use 5 Permit (CUP) 09-5, as he believes that he met all of the requirements and every 6 property owner has the right to make the best possible and highest use of his property. 7 He noted that he has made a large investment in attempting to mitigate the issues with 8 lighting, noise, hours of operation, etc., but he knows that it is difficult to satisfy 9 everyone. Mr. Balya noted that service station revenues have decreased with the 10 elimination of the service bays, and it is imperative that the retail uses be allowed. He 11 indicated that with all of the changes he will be making, he does not believe that 12 surrounding residents will be adversely affected. He again requested that the PC 13 reconsider its decision to deny CUP 09-5. 14 15 There being no one else wishing to speak, Chairperson Deaton closed oral 16 communications. 17 18 CONSENT CALENDAR 19 20 1. A rove Planning Commission Meeting Minutes of August 19, 2009. 21 22 2. Receive File: "Sustainability Programs, Strategie nd Tools Used by 23 California Loca vernments," and "Green Cities ow Urban Sustainability 24 Efforts Can and Must America's Climate C ge Policies." 25 26 3. Receive and File: Compass Bluepri rmation. 27 28 4. Receive and File: Americ anning Associa i olicy Guide On Planning & 29 Climate Change. 30 31 MOTION by Lars ECOND by Massa-Lavitt to approve the Consen ndar as 32 presented. 33 34 N CARRIED: 5 - 0 35 YES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt 36 NOES: None 37 ABSENT: None 38 39 SCHEDULED MATTERS 40 41 5. Adopt Resolution 09-19 Denying Conditional Use Permit 09-5 for conversion of 42 service bay area to retail space at 4000 Lampson Avenue (Chevron Station). 43 44 Staff Report 45 2of4 City of Seal Beach Planning Commission Meeting Minutes of September 9, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mr. Whittenberg indicated that this represents the final resolution to effectuate the PC decision at its last meeting to deny Conditional Use Permit 09-5 for the conversion of the service bay area to retail uses. MOTION by Eagar; SECOND by Massa-Lavitt to deny Conditional Use Permit 09-5 and adopt Resolution 09-19 as presented. MOTION CARRIED: 5 - 0 AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt NOES: None ABSENT: None Mr. Whittenberg advised that the adoption calendar appeal period to the City Council. the appeal period begins tomorrow morning. of Resolution No. 09-19 begins a 10-day The Commission action tonight is final and LIC HEARINGS None, ISSION Commissioner Larson note at a indicating that the work at Lam n Mr. Whittenberg noted that the dela was discovered at this site. He construction work has again commE date has been set. Mr. Whitten next meeting. sign is posted on al Beach Boulevard (SBB) Avenue and S is to be completed in May 2009. as a re f the groundwater contamination that at this issue has been resolved and Chairperson Deaton asked if a completion stated t Staff would report back to the PC at its Chairperson Deat eported that Mr. Roger West pa d away on Sunday, September 6, 2009. Sh ed that Mr. West was a strong advoca or Old Town and he and his wife, Je ad attended many of the PC and City Council etings to speak on behalf of esidents of .Old Town. She extended her condolence n behalf of the City to rs. West and the West family in memory of the great contributio ade by Mr. West to the community and stated that she wished to adjourn this meeting i is memory. She requested that a copy of the minutes be sent to Mrs. West. ADJOURNMENT Chairperson Deaton adjourned the meeting at 7:47 p.m. in memory of Roger West. 3of4 Page 7 ATTACHMENT 4 CONDITIONAL USE PERMIT 09-5, PLANNING COMMISSION STAFF REPORT, DATED AUGUST 19, 2009 July 22, 2009 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject CONDITIONAL USE PERMIT 09-5; VARIANCE 09-4 4000 Lampson Avenue (Chevron) . GENERAL DESCRIPTION Applicant: BHUPINDER S. MAC OWner: INIRVAIR CORPORATION LOCatIOn: 4000 LAMPSON AVENUE CIaSSIflCatlOn Of PfOpertV: GENERAL COMMERCIAL (C-2) Request: FOR A CONDITIONAL USE PERMIT (CUP) TO CONVERT THE SERVICE BAY AREA OF AN EXISTING SERVICE STATION TO RETAIL SPACE; AND A VARIANCE (VAR) TO ADD A TYPE 20 ABC LICENSE (OFF-SALE BEER AND WINE) TO THE EXISTING CONVENIENCE STORE. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW Code Sections: 28-1400; 28-2318;28-2500 through 28-2504 ReCOmmendatlOn: STAFF RECOMMENDS APPROVAL OF CONDITIONAL USE PERMIT 09-5 FOR THE CONVERSION OF THE SERVICE BAYS TO RETAIL USE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 09-19; AND DENIAL OF VARIANCE 09-4 TO ADD A TYPE 20 ABC LICENSE TO THE EXISTING CONVENIENCE STORE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 09-30. Pla„Wing Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 FACTS On April 1, 2009, Bhupinder S. Mac (the "Applicant") applied for Conditional Use Permit (CUP) 09-5 with the Department of Development Services. On June 19, 2009, Bhupinder S. Mac (the "Applicant") applied for Variance (VAR) 09-4 with the Department of Development Services. © Specifically, the applicant is seeking to convert the existing service bay area to retail space and add a Type 20 ABC license (off-sale beer and wine) to the existing convenience market. o The subject property has operated as an automobile service station since 1968. The City has granted the following approvals at this location: o Plan Review 17-67 to establish service station -November 1, 1967 o Variance 1-89 to allow a variance from the minimum lot size requirement of 22,500 square feet for the 22,112 square foot lot -March 15, 1989 o Conditional Use Permit 14-88 for the remodel, new pump islands and dispensers -March 15, 1989 o Conditional Use Permit 97-14 for the addition of a 127 square foot mezzanine within the existing automobile service station -January 21, 1998 o Conditional Use Permit 06-3 for the addition of a convenience market to the existing automobile service station -March 22, 2006 (Indefinite Extension approved December 5, 2007) ~ The subject property is currently a Chevron Service Station with three (now vacant) auto repair bays and a convenience market. o The subject property is described as Orange County Assessor's Parcel Number 217-231-01 and is located at the northeast corner of Lampson Avenue and Basswood Street. ~ The surrounding land uses and zoning are as follows: 2 Pld~,ning Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 NORTH Across Lampson Avenue, the Old Ranch Country Club and golf course in the Public Land Use/Recreation (PLU/R) zone SOUTH Multi-family residential townhouse development in the Residential Medium Density (RMD) zone EAST Multi-family residential townhouse development in the Residential Medium Density (RMD) zone WEST Across Basswood Street, the Seal Beach Tennis Club in the Public Land Use/Recreation (PLU/R) zone As of July 15, 2009, Staff has received five letters in opposition to the application. These letters are included as an attachment to this report. DISCUSSION Service Bav conversion to Retail The subject property, Orange County Assessor's parcel number 217-231-01, is located within the General Commercial (C-2) zone. The property contains an existing service station, convenience market, and what were formerly three automobile service bays. The land area of the site is 22,112 square feet, which is less than the minimum lot area of 22,500 square feet set forth in the Code for automobile service stations. Variance 1- 89 allowed the service station to continue with less than the minimum lot size. The frontages along Lampson Avenue and Basswood Street each conforms to the minimum lot frontage of 125 feet set forth in the Code for automobile service stations. The proposed conversion of the service bays to retail is a trend among many major brand gas stations. In recent years, many service stations have eliminated the `service' or auto repair portion of such businesses in favor of convenience stores or other food or retail offerings. Some examples of typical businesses would be fast-food restaurants, dry cleaning establishments, convenience stores, coffee shops, etc. While the applicant has not defined specific tenants for the proposed retail space, the applicant has related to Staff that his preference would be to have a sandwich shop (such as a Subway or Quiznos) and a dry cleaning business occupy the proposed space. The intent is to develop the former service bays with uses that would compliment the existing service station. By having complimentary uses, customers could get something to eat and/or pick up and drop off dry cleaning while fueling their vehicle, eliminating the need for multiple trips. There is no proposed drive-through or drive-up window service associated with this request, nor would it be possible to include such a request based on the proposed site plan, drive aisle and queuing requirements, and the additional parking requirements for businesses with drive-through windows. Per the Zoning Code, Service Stations are required to have a minimum of five (5) parking stalls, plus one (1) additional stall for every service bay. Since the existing Pla~-ning Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 service bays are proposed to be converted to retail uses, parking for this area will be based upon the square footage of each individual use. The existing convenience store currently occupies an area of approximately 1,275 square feet. At a parking ratio of 1:300 s.f., the convenience store would require five (5) parking spaces. As proposed, the sandwich shop and dry cleaners would comprise 800 s.f. and 525 s.f respectively. At a parking ratio of 1:100 (restaurant use), the sandwich shop would require eight (8) parking spaces. The dry cleaners at 1:300 (retail use) would require two (2) spaces. The total parking demand on the site would be as follows: -Service Station: 5 spaces -Convenience Store: 5 spaces (1,275 square feet at 1:300) -Sandwich Shop: 8 spaces (800 square feet at 1:100) -Dry Cleaners: 2 spaces (525 square feet at 1:300) Total Parking Required: 20 spaces The proposed uses are permitted within the C-2 zone, and while some of the proposed new and existing parking stalls are not properly dimensioned on the submitted plans, Staff believes that the stalls can be reconfigured to comply with Zoning Code standards. The Zoning Code does not allow spaces within the pump island area to be included in parking calculations. Variance for Alcohol Sales On May 9, 2005, the City Council approved Ordinance #1554, which amended Chapter 28, Section 28-2318 of the Seal Beach Municipal Code; and added Section 28-221.5, adding a definition of "Convenience Market" and allowing convenience markets in conjunction with Automobile Service Stations on a case-by-case basis upon approval of Conditional Use Permit by the Planning Commission. Additionally, limitations were placed on the sale of beer and wine if proposed with an Automobile Service Station convenience market. With regard to alcohol sales, Section 28-2318 (M)(3) reads: "The business shall not be located within 1000 feet of a park, religious institution or school, or within 100 feet of a residence, whether such use is within or outside of the City." The business is within 100 feet of a residential property and is approximately 350 feet from a City park (bluebell Park). Therefore, a Variance is required to allow alcohol sales at the subject business. Chief Jeff Kirkpatrick of the Seal Beach Police Department has reviewed the subject request and stated that he believes an additional alcohol license so close to a residential neighborhood is inappropriate and would have a negative impact on the quality of life within the neighborhood. 4 Plar-ning Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 While there are many businesses within the City that are adjacent to residential areas and have alcohol licenses, nearly all of those businesses are located within larger commercial corridors or along major thoroughfares such as Pacific Coast Highway or Seal Beach Boulevard. This particular business is unique in that it is a stand-alone business, not part of a larger commercial corridor, and bordered on two sides by residential properties. Additionally, Lampson Avenue is not a commercial corridor and primarily serves as an access route into the College Park East neighborhood and serves through traffic into Garden Grove and beyond. Staff is in agreement with Chief Kirkpatrick's analysis and believes that the findings required to grant the Variance can not be made by the Commission. Additionally, based on information received from the Department of Alcoholic Beverage control, there is presently an undue concentration of off-premise alcohol licenses within this particular census tract (1100.12). There are currently three (3) existing off-premise licenses within the tract and according to ABC figures, a maximum of three (3) licenses are allowed. Businesses within the census tract that presently have off-premise licenses include: - Target Stores -12300 Seal Beach Boulevard (Type 21 license) - Ralphs Grocery - 12470 Seal Beach Boulevard (Type 21 license) - CVS Pharmacy - 12490 Seal Beach Boulevard (Type 21 license) To approve an additional alcohol license within this census tract, the Planning Commission would have to find that the public convenience or necessity would be served by the granting of an alcohol license. Additional census tract information is included as an attachment to this report. (Attachment 5) RECOMMEWDATION After receiving all testimony, written and oral, staff recommends that the Commission approve CUP 09-5 for the conversion of the service bays to retail uses; and deny Variance 09-4 to add a Type 20 (off-sale beer and wine) ABC license to the existing convenience store. Staff's recommendation is based on the following: o Conditional Use Permit 09-5 for the conversion of the service bays to retail uses is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits automobile service stations 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. 5 Pld,ming Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 o Variance 09-4 for the addition of a Type 20 ABC license to the existing convenience store is inconsistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial use designation for the subject property but prohibits alcohol licenses in conjunction with Automobile Service Stations that are located within 1000 feet of a park or 100 feet of a residentially zoned area. o 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. The property is approximately .52 acres in area, and 'provides an adequate number of parking spaces. a The building and property at 4000 Lampson Avenue, as conditioned, meets all criteria for automobile service stations set forth in the Code. o A service station has operated on the property since 1969 with no history of complaints regarding impacts associated with the service station use. Approval of Conditional Use Permit 09-5 should be through the adoption of Resolution No. 09-19 with the following conditions in place: 1. CUP 09-5 is approved for the conversion of existing automobile service bays at the Chevron service station to commercial retail uses. 2. All development shall be in substantial conformance to plans submitted for CUP 09-5. 3. The applicant shall provide and maintain no less than the minimum number of Code required off-street parking spaces for each of the individual uses on the site. 4. Automobile service station and convenience market hours of operations are limited to: 5:00 a.m. to 12:00 midnight daily. Hours for accessory retail uses are limited to: 7:00 a.m. to 9:00 p.m. daily. 5. Unless specifically superseded by this Conditional Use Permit, all conditions of approval from CUP 06-3 shall remain in effect. 6. The applicant shall continue to maintain a minimum of 5% of the lot area in landscaping coverage on the site. Any modification to existing landscaped areas must be approved by the Department of Development Services prior to building permit issuance. 7. All lighting shall be designed and located so as to confine direct rays to the premises. Lighting shall be maintained in such a way to minimize impacts to adjacent properties yet provide adequate security lighting. Alighting plan shall 6 Pla~~ning Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 be reviewed and approved by the Department of Development Services prior to issuance of a building permit. 8. Permanent watering facilities shall be maintained for all landscaped areas. 9. 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. 10. All Service Station signage shall comply with Section 28-1810 of the Code pertaining to automobile service stations. 11. All signage pertaining to accessory retail and restaurant uses shall require a sign permit and approval from the Department of Development Services. 12. No alcohol shall be sold in the convenience market. 13. 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. 14. There shall be no dumping of trash andlor glass bottles outside the establishment between the hours of 10:00 PM and 7:00 AM. 15. 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. 16. 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. 17. The establishment shall comply with Chapter 7.15, "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 the subject CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 18. 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. P~arining Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 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. 20. 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. 21. The term of this permit shall be twelve (12) months, beginning the first day of operation of the accessory retail uses. At the end of the initial term, the applicant may apply to the City Planning Commission for an Indefinite Extension of CUP 06-3. 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. 22. 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. 23. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. Planning Commission Staff Report CUP 09-5; VAR 09-4 4000 Lampson Avenue July 22, 2009 FOR: July 22, 2009 ~o~e Olivera, AICP ni r Planner partment of Development Services Attachments: (7) Attachment 1: Proposed Resolution 09-19 Attachment 2: Proposed Resolution 09-30 Attachment 3: Application Attachment 4: Census Tract and ABC license information Attachment 5: Letters received regarding CUP 09-5; VAR 09-4 Attachment 6: Site Photographs Attachment 7: Project Plans 9 Page 8 ATT~-CI-I IVI EIVT 5 PROJECT ®EVELOPMENT PLANS a 0 0 0 N m LAIVIPSON AVE. NORTH O 7 1 ....... M f ~ er~~,.. ~ ~ fir" r O ~ y if SITE W > Z ~}H VICINITY MAP Z m ~ Ow ' f Y J 4'- ` / m AERIAL VIEW FYW NMIEANOAOORE88: PROJECT DATA !~ p+ ` PARCEL NUMBER: APN 217-231-01 ~ TRACT NUMBER: 8534 P.O. BOX 3935 PROPERTY OWNER: SAN oiMAS, CA 91773 90957-0410 (PHONE) BHUPINDER S. MAC NIRVAIR CORPQRATION 909599.9993 (FAQ 5960 CANOGAAVE. rRaECr x~wE~wo woRESS. WOODLAND HILLS, CA 91387 CHEVRON ZONING: C2 STATION LUBE BAY SITE AREAAPPROX..52 ACRES CONVERSION PROJECT SCOPE: 4000 uMPSON AVE. CONVERT LUBEBAY PORTION OF EXISTING SEAL BEACH, CA BUILDING TO RETAIL SPACE RaaECrxo: sxEEr. (E) PARKING SPACES = 13 (INCLUDING 1 H.C.) 153 1 MTE (N) PARKING SPACES = 7 (FOR NEW RETAIL) 3-17-09 OF TOTAL PARKING SPACES = 20 see 1"=10' 4