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HomeMy WebLinkAboutCC AG PKT 2009-10-26 #HAGEIV®A STAFF REPORT DATE: October 26, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Terrence Belanger, Interim Director of Development Services SUBJECT: RESOLUTION DENYING CONDITIONAL USE PERMIT 09-05 SUMMi4RY OF REC~IEST: It is recommended that the City Council adopt Resolution No. 5928 denying Conditional Use Permit 09-5. SACICGROUND: 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 cup 09-05. vote. On September 9, 2009, the Planning Commission adopted Resolution No. 09-19 denying CUP 09-05. The applicant filed a letter of appeal, requesting a de novo public hearing before the City Council, regarding CUP 09-05. On October 12, 2009, the City Council conducted a de novo public hearing, regarding CUP 09- 05. Following the presentation of oral and written testimony and evidence, the City Council directed staff to prepare a resolution denying CUP 09-05. FACTS: The City Council held a duly noticed public hearing on October 12, 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 City Council closed the public hearing. After discussion and deliberation, the City Council directed staff to prepare a resolution denying CUP 09-05, with findings that the proposed use is not compatible with the surrounding uses and is detrimental to Agenda Item H Page 2 residential neighborhood, due to insufficient parking design and the proposed project would create litter, noise, traffic congestion and odor. STANDARD OF REVIEW FOR CONDITIONAL USE PERMIT: In general, 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." 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. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 5928 denying Conditional Use Permit 09-5. SUBMITTED BY: Terrence Belanger, Interim Director of Development Services NOTED AND APPROVED: ~-.~~-~ David Carmany City Manager Attachments: (1) A. Resolution No. 5928 RESOLUTION NUMBER 5928 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DENYING AN APPLICATION TO MODIFY CONDITIONAL USE PERMIT 06-3 TO CONVERT SERVICE BAY AREAS TO RETAIL USES AT AN EXISTING SERVICE STATION LOCATED AT 4000 LAMPSON AVENUE (CUP 09-5; COLLEGE PARK CHEVRON) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 1, 2009, Bhupinder S. Mac ("Applicant') submitted an application to modify Conditional Use Permit (CUP) 06-3 to convert the service , bay area of an existing service station to retail space at 4000 Lampson Avenue ("subject property'). Staff has designated the application CUP 09-5. Section 2. An application to modify a CUP is treated as an application for a CUP. Thus, the same standards of review are applicable. The City may conditionally approve a CUP only if the City can make certain findings, and can impose conditions, to ensure compatibility. Section 28-2503 provides that the City may conditionally approve a CUP only if it can be conditioned prior to approval so as to insure compatibility with surrounding uses and the community in general and the General Plan. 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." Section 3. In addition, the Seal Beach Zoning Code recognizes that service stations warrant special consideration because of several important elements of design and operation that are unique and significant, such as: dependence on vehicular traffic, distinctive physical appearance, unenclosed nature of activities, and long hours of operation. Service stations, such as the one located on the subject property, are often located in close proximity to residential neighborhoods. Retail uses in conjunction with such service stations in close proximity to residences can create adverse impacts upon the surrounding uses. Thus, the City may not approve a modification to CUP 06-3 unless it can find that the proposed use is compatible with surrounding uses and the community in general, is consistent with the General Plan and is appropriate for the character and integrity of the neighborhood. Section 4. After a duly noticed public hearing, the Planning Commission denied the application. Section 5. The Applicant appealed the decision of the Commission. Section 6. On October 12, 2009, the City Council considered the application at a duly noticed public hearing de novo. At the hearing, the Applicant and his representative spoke in favor of the application. Numerous speakers spoke in opposition to the proposed retail use. In addition, the City received correspondence opposing the proposed retail uses. The City Council entered into the record all correspondence and the staff report dated October 12, 2009, and all of its exhibits. Section 7. The record of the hearing indicates the following: (a) On April 1, 2009, Bhupinder S. Mac applied to modify CUP 06-3 to permit the conversion to retail space of the service bay area of an existing Chevron Service Station. The subject property is located at 4000 Lampson Avenue (Orange County Assessor's Parcel Number 217-231-01) on the southeast corner of Lampson Avenue and Basswood Street. The Applicant seeks to convert an approximately 1,325 square foot area consisting of three individual service bays into two separate retail lease spaces of approximately Resolution Number 5928 800 square feet and 525 square feet respectively. The Applicant testified that he is seeking a restaurant similar to "Subway" and a dry cleaning establishment as tenants. (b) 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 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 a remodel and 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. (c) Immediately adjacent to the subject property's southerly and ' easterly property lines are residential zones containing residences. Across Lampson Avenue is the Old Ranch Country Club and golf course. Across Basswood Street is the Seal Beach Tennis Club. (d) As of August 19, 2009, Staff had received a total of thirteen letters in response to the hearing notices that were mailed and published for the proposed project. Twelve of these letters were in opposition to the conversion of the service bays; one letter was in support. (e) Residents who reside in the residential neighborhood testified and submitted letters opposing the new retail use that the parking design is inadequate and the proposed project would create litter, noise, traffic congestion and odor. In addition, the Planning Commission found the parking design to be inadequate. The parking plan indicates that the parking would be scattered along the perimeter of the property, with the balance of the parking in the back of the existing station, immediately adjacent to residences. The Commission found that the parking plan is not conducive to a free flow of vehicular and pedestrian movement. The proposed handicapped space is shown in a location that is not convenient to the proposed retail uses. As noted in subsection (b) above, the lot does not meet the minimum Code requirements. Section 8. Based upon substantial evidence in the record of the hearing, including the facts stated in Sections 1 through 7 of this resolution, and pursuant to the City Charter and §§ 28-1400K, 28-2503, 28-2504 and 28-2318 of the City's Municipal Code, the City Council hereby finds: (a) The Seal Beach Zoning Code recognizes that service stations warrant special consideration because of several important elements of design and operation that are unique and significant, such as: dependence on vehicular traffic, distinctive physical appearance, unenclosed nature of activities, and long hours of operation. Service stations, such as the one located on the subject property, are often located in close proximity to residential neighborhoods. Due to such close proximity, the proposed conversion to retail uses is not compatible with surrounding uses, the neighborhood or the community in general. (b) The subject property is not adequate in size to accommodate the proposed use. The property is approximately .52 acres in area. As noted in section 7(b) above, the lot is substandard and non-conforming because it does not meet the Code's minimum size requirements. In 1989, the City granted 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. The addition of customers of and visitors to the two proposed uses will further congest the site. The proposed parking plan is inadequate, adversely affecting both internal circulation on the subject property and vehicular movement on the adjacent streets of Lampson and Basswood. If the proposed uses were approved, there wi(I be an increase in the number of vehicular trips to and from the subject property. The parking plan indicates that the parking would be scattered along the perimeter of the property, Resolution Number 5928 with the balance of the parking in the back of the existing station, immediately adjacent to residences. Due to inadequate on-site parking, patrons of the proposed retail uses might attempt to park on the street, or across the street at the Tennis Center of golf course. (c) The proposed retail uses at 4000 Lampson Avenue, as conditioned, do not meet all criteria for retail uses within the C-2 (General Commercial) zone, as set forth in the Municipal Code. (d) The operational noise, glare, litter and traffic generated by the proposed retail uses will adversely affect the neighborhood. The subject property abuts residences, and required parking is located along the wall separating the service station from the homes. (e) Operation of the proposed retail uses on the subject property would ' not be compatible with the adjacent residential uses and would result in additional adverse impacts to these adjacent residential uses. The proposed uses will adversely affect the surrounding residential neighborhood and thus is inconsistent with the goals and objectives of the General Plan. Section 9. Upon considering all testimony and evidence presented at the hearing de novo, the City Council announced a tentative decision to deny the application. The Council directed staff to prepare a resolution incorporating findings based upon the evidence presented at the hearing. Section 10. Based upon the record of the hearing, including the facts stated in Sections 1-8 and the substantial evidence entered into the record, and pursuant to the City Charter and §§ 28-1400K, 28-2503, 28-2504 and 28-2318 of the City's Municipal Code, the Council hereby disapproves the application for a modification to CUP 06-3. The City Council's decision is based upon each of the totally independent and separate findings listed above, each of which stands alone as a sufficient basis for its decision. Section 11. Section 1094.6 of the California Code of Procedure and Seal Beach Municipal Code Section 1.20.015 govern the time within which judicial review, if available, of the City Council's decision must be sought, unless a shorter time is provided by other applicable law. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular meeting held on the 26th day of October .2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk Resolution Number 5928 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5928 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 26th day of October , 2009. City Clerk