HomeMy WebLinkAboutPC Res 09-47 - 2009-11-18RESOLUTION NUMBER 09-47 191P
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 09 -10
FOR THE 24 -HOUR OPERATION OF A
BIOTECHNOLOGY FACILITY WITHIN THE
BOEING INTEGRATED DEFENSE SYSTEMS
(BIDS) SPECIFIC PLAN AREA AT 1700 SATURN
WAY, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On October 16, 2009, Ken Hammer of Dendreon
Corporation (the "applicant ") submitted an application to the City of Seal Beach
Department of Development Services for Conditional Use Permit 09 -10.
Section 2 . The applicant is requesting approval for 24 -hour operation of
a biotechnology facility within the Boeing Integrated Defense Systems (BIDS) Specific
Plan area.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301 and § II.B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for CUP
09 -10 for the requested land use entitlements for the proposed use 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 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 4 . A duly noticed public hearing was held before the Planning
Commission on November 18, 2009, to consider the application for CUP 09 -10. The
Planning Commission considered all evidence presented, both written and oral
regarding the subject application.
Section 5 . The record of the hearing of November 18, 2009 indicates
the following:
(a) On October 16, 2009, Ken Hammer of Dendreon
Corporation submitted an application to the City of Seal Beach Department of
Development Services for Conditional Use Permit 09 -10.
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1700 Saturn Way (Dendreon Corporation)
November 18, 2009
(b) The applicant is requesting approval for the 24 -hour
operation of a biotechnology facility within the Boeing Integrated Defense Systems
(BIDS) Specific Plan area.
(c) The subject property is located in the Pacific Gateway
Business Park. The subject building is located on Saturn Way at the southwestern
corner of the development.
(d) The subject property is approximately 9.23 acres in
size and the total building area is approximately 184,000 square feet. Required parking
per Code would be approximately 368 parking stalls. The proposed project provides
approximately 378 parking stalls.
(e) The nearest residential properties are located
approximately 750 feet to the southeast in the Heron Pointe subdivision; and
approximately 750 feet to the northwest in the Island Village neighborhood in the City of
Long Beach.
(f) The surrounding land uses and zoning are as follows:
❑ NORTH Adjacent light industrial buildings constructed as part of the
Pacific Gateway Business Park development in compliance with
the approved Boeing Integrated Defense Systems Specific Plan.
❑ EAST Light industrial uses; Seal Beach Naval Weapons Station further
to the east, across Seal Beach Boulevard.
❑ SOUTH City of Seal Beach Public Works maintenance yard; Seal Beach
Animal Care Center
❑ WEST OCFCD Retarding Basin; Hellman wetlands.
(g) The following applications have previously been
approved for the Pacific Gateway Business Park development:
❑ Boeing Specific Plan Project Environmental Impact Report;
❑ General Plan Amendment 03 -2;
❑ Boeing Specific Plan;
❑ Boeing Specific Plan - Precise Plan 03 -1
❑ Boeing Specific Plan - Vesting Tract Map No. 16375; and
❑ General Plan Amendment 05 -2.
Section 6 . Based upon the facts contained in the record, including
those stated in §5 of this resolution and pursuant to §28 -2503 and §28 -2504 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
(a) CUP 09 -10 is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a light industrial use
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November 18, 2009
designation for the subject property and the Boeing Integrated Defense Systems
Specific Plan. 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 1700 Saturn Way are
adequate in size, shape, topography and location to meet the needs of the proposed
use of the property.
(c) Required adherence to applicable building and fire
codes ensures there will be adequate water supply and utilities for the proposed use.
(d) The proposed business operation on a 24 -hour basis,
as proposed to be conditioned, is compatible with the character of the surrounding
neighborhood, which is the Pacific Gateway Business Park. Adherence to conditions of
approval placed on the use by the City of Seal Beach will mitigate any negative impacts
to neighboring residents.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 09 -10, subject to the following conditions:
1. Conditional Use Permit 09 -10 is approved for a 24 -hour business operation for
the Dendreon Corporation facility at 1700 Saturn Way.
2. The proposed business operation shall be required to participate in the City's
Transportation Demand Management program.
3. The proposed business shall comply with all operational requirements mandated
by various governmental agencies, including, but not limited to: The City of Seal
Beach; South Coast Air Quality Management District; Cal -OSHA; Orange County
Fire Authority; United States Food and Drug Administration.
4. A modification of this Conditional Use Permit shall be obtained when:
a. There is a substantial change in the mode or character of operations of
the establishment which occur between the hours of 2:00 a.m. and 6:00
a.m.
b. The establishment proposes to modify any conditions of approval.
5. There shall be no dumping of trash outside the establishment between the hours
of 10:00 p.m. and 7:00 a.m.
6. The establishment shall comply with Chapter 7.15, "Noise Control" of the Seal
Beach Municipal Code as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
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schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
7. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit if any violation of the approved conditions occurs, any violation of the
Seal Beach Municipal Code, occurs, or for those reasons specified by Article 28,
and in the manner specified in Article 25, of Chapter 28 of the Seal Beach
Municipal Code.
8. 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.
9. This Conditional Use Permit shall become null and void unless exercised within 1
year from the date of the Certificate of Occupancy, 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
90 days prior to such expiration date.
10. This Conditional Use Permit shall not become effective for any purpose unless
an "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 10 day appeal period has elapsed.
11. 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.
12. Failure to comply with any of these conditions may result in revocation of this
Conditional Use Permit.
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Planning Commission Resolution No. 09 -47
Conditional Use Permit 09 -10
1700 Saturn Way (Dendreon Corporation)
November 18, 2009
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 18th day of November 2009 by the following
vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Terrence Belang
Acting Secretary, Planninc
mmission
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