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Home My WebLink AboutPC Res 10-10 - 2010-07-07RESOLUTION NUMBER 10 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 10 -1 FOR A REDUCTION IN PARKING REQUIREMENTS FOR A COMMON PARKING FACILITY WITHIN THE GENERAL COMMERCIAL (C -2) ZONE AT 2900 -2940 WESTMINSTER AVENUE, SEAL BEACH 0191 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On January 20, 2010, Cheng Family, LLC (the "applicant ") submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 10 -1. Section 2 . The requested Conditional Use Permit is to allow a reduction in parking requirements for a common parking facility within the General Commercial (C -2) zone at 2900 -2940 Westminster Avenue. Section 3 . 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 10 -1 to allow a reduction in parking requirements for a common parking facility is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations §15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor ateration 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 July 7, 2010, to consider the application for Conditional Use Permit 10- 1. The Planning Commission considered all evidence presented, both written and oral regarding the subject application. Section 5 . The record of the hearing of July 7, 2010, indicates the following: 1 of 5 Planning Commission Resolution No. 10 -10 Conditional Use Permit 10 -1 2900 -2940 Westminster Avenue July 7, 2010 (a) On January 20, 2010, Cheng Family, LLC (the "applicant ") submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 10 -1. (b) The requested Conditional Use Permit is for a reduction in parking requirements for a common parking facility within the General Commercial (C -2) zone at 2900 -2940 Westminster Avenue. (c) The subject property is approximately 2.30 acres in size and has approximately 24,105 square feet of total lease space, including approximately 18,539 square feet of retail lease space and approximately 5,566 square feet of restaurant lease space. (d) The surrounding land uses and zoning are as follows: ❑ NORTH Commercial uses located within the Service Commercial (C -2) Zone; Residential uses located Residential High Density — Planned Development (RHD -PD) Zone (Leisure World) ❑ SOUTH Seal Beach Boulevard; Seal Beach Naval Weapons Station ❑ EAST Seal Beach Boulevard; Seal Beach Naval Weapons Station ❑ WEST Boeing Corporation; Business /Light Industrial uses within the Boeing Integrated Defense Systems (BIDS) Specific Plan area. Section 6 . Based upon the facts contained in the record, including those stated in §5 of this resolution and pursuant to §28- 2209.D; §28 -2503; and §28- 2504 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 10 -1 is consistent 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. The proposed 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 buildings and property at 2900 -2940 Westminster Avenue are adequate in size, shape, topography and location to meet the needs of the proposed uses of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (c) The subject property, with a mix of retail, restaurant, and personal service uses, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by the City of Seal Beach should mitigate any negative impacts to neighboring properties. 2 of 5 Planning Commission Resolution No. 10 -10 Conditional Use Permit 10 -1 2900 -2940 Westminster Avenue July 7, 2010 Section 7 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 10 -1, subject to the following conditions: 1. Conditional Use Permit 10 -1 is approved for a reduction in parking requirements for a common parking facility within the General Commercial (C -2) zone within an existing commercial center at 2900 -2940 Westminster Avenue, in accordance with the Parking Demand Analysis conducted for the center. The total reduction in required parking shall not exceed fifteen percent (15 %) or a total functional demand, regardless of the tenant mix, of 121 parking spaces within the center. 2. In the event that the parking areas or tenant mix is out of compliance with parking requirements, a review hearing before the Planning Commission shall be scheduled to determine what, if any, actual parking deficiencies, aside from those specifically granted by this Conditional Use Permit, may exist. In the event that parking deficiencies do exist, the applicant may be required to institute additional measures, including, but not limited to, any or all of the following, as deemed appropriate by the City's traffic engineer and traffic consultant, to mitigate parking deficiencies and /or bring the amount of parking provided on -site up to a level that, at a minimum, meets the functional demand: A. Provide, to the satisfaction of the City, additional off -site parking in compliance with all Code requirements for such parking. B. Payment of a one -time in -lieu parking fee of up to $3,500 per deficient parking space, if so determined by a subsequent Parking Demand Analysis. C. Any additional measures as suggested by either the City's traffic engineer or traffic consultant. D. Any additional measures as suggested by the applicant/property owner, to the satisfaction of the City. 4. A modification of this Conditional Use Permit shall be applied for when: A. The center 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 center. 5. The Planning Commission reserves the right to further 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. 6. This Conditional Use Permit shall become null and void unless exercised within 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 3 of 5 Planning Commission Resolution No. 10 -10 Conditional Use Permit 10 -1 2900 -2940 Westminster Avenue July 7, 2010 to the Department of Development Services a minimum of 90 days prior to such expiration date. 7. 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. 8. 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. 9. Failure to adhere to any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of July 2010 by the following vote: AYES: Commissioners Deaton, Bello, Galbreath, and Massa- Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission 4 of 5 Planning Commission Resolution No. 10 -10 Conditional Use Permit 10 -1 2900 -2940 Westminster Avenue July 7, 2010 Mark Persico, AICP Secretary, Planning Commission 5 of 5