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Home My WebLink AboutPC Res 09-19 - 2009-09-09 RESOLUTION NUMBER 09-19 OR/6/1V4/. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 09-5 TO CONVERT THE SERVICE BAY AREA OF AN EXISTING SERVICE STATION TO RETAIL SPACE AT 4000 LAMPSON A VENUE, 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 S. 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 of20% 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: 10f4 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 ofthe service bay area of an existing service station to retail space. (b) Specifical1y, 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 fol1owing approvals at this location: Plan Review 17-67 for a new Mobil station on November 1, 1967; Variance 1-89 on March 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 March 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 corner of Lampson Avenue and Basswood Street. (g) The surrounding land uses and zoning are as follows: SOUTH Across Lampson Avenue, the Old Ranch Country Club and golf course in the Public Land Use/Recreation (PLU/R) Zone Multi-family residential townhouse development III the Residential Medium Density (RMD) Zone Multi-family residential townhouse development III the Residential Medium Density (RMD) Zone Across Basswood Street, the Seal Beach Tennis Club in the Public Land Use/Recreation (PLU/R) Zone NORTH EAST WEST (h) The Seal Beach Police Department has reviewed the application and plans and has no objections. (i) As of August 19, 2009, Staffhad received a total ofthirteen (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. 20f4 Planning Commission Resolution No. 09-19 Conditional Use Permit 09-5 4000 Lampson Avenue (College Park Chevron) September 9, 2009 Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-1400,28-2318,28-2503 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 pemlit. 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 30f4 ~~~ Lee Whittenberg Secretary, Planning Comnllsslon ***** 40f4 Planning Commission Resolution No. 09-19 Conditional Use Permit 09-5 4000 Lampson Avenue (College Park Chevron) September 9, 2009 ~1-MJudirv Ellery Deaton Chairperson, Planning Commission