HomeMy WebLinkAboutPC Res 10-34 - 2010-09-01RESOLUTION NUMBER 10 -34
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 05 -10 FOR AN
EXISTING AUTOMOBILE SERVICE STATION
AND CONVENIENCE STORE WITH 24 -HOUR
OPERATION, AND AN AUTOMATED, DRIVE -
THROUGH CAR WASH WITH OPERATING
HOURS OF 7:00 AM TO 10:00 PM AT 2950
WESTMINSTER AVENUE, SEAL BEACH
(CHEVRON).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On July 28, 2010, Salaheddin Hassan (the "Applicant "), filed
an application with the Department of Development Services for Conditional Use Permit
05 -10 (Indefinite Extension) to allow an automobile service station and convenience
market with 24 -hour operation, and an automated drive - through car wash with operating
hours of 7:00 AM to 10:00 PM daily, at 2950 Westminster 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 05 -10 (Indefinite Extension) for an automobile
service station with 24 -hour operation, a convenience market, and drive through car
wash 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 September 1, 2010 to consider the application for Conditional
Use Permit 05 -10 (Indefinite Extension).
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:
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Planning Commission Resolution No. 10 -34
Conditional Use Permit 05 -10 (Indefinite Extension)
2950 Westminster Avenue (Chevron)
September 1, 2010
(a) On July 28, 2010, Salaheddin Hassan applied for
Conditional Use Permit 5 -10 (Indefinite Extension) with the Department of Development
Services for the indefinite extension of a service station and convenience market with
24 -hour operations, and an automated, drive - through car wash with operating hours
from 7:00 AM to 10:00 PM daily.
(b) There is no provision for the sale of alcohol
beverages in the existing convenience market.
(c) The City has granted two previous service station
approvals at this location, Conditional Use Permit 90 -1 to remodel an existing service
station and Conditional Use Permit 92 -16 to operate between 2:00 AM and 6:00 AM.
(d) The subject property is described as Orange County
Assessor's Parcel Number 095 - 010 -49 and is located at the southwest corner of
Westminster Avenue and Seal Beach Boulevard.
(e) The surrounding land uses and zoning are as follows:
NORTH Across Westminster Avenue, commercial businesses and United
States Post Office in the Service Commercial (C -1) Zone and the
General Commercial (C -2) Zone, and the residential neighborhood
of Leisure World in the Residential High Density /Planned
Development (RHD /PD) Zone
SOUTH Across Seal Beach Boulevard, the Seal Beach Naval Weapons
Station in the Public Land Use /Recreation (PLU /R) Zone
EAST Across Seal Beach Boulevard, the Seal Beach Naval Weapons
Station in the Public Land Use /Recreation (PLU /R) Zone
WEST Commercial businesses in the General Commercial (C -2) Zone and
Boeing parking lot and facilities in the Boeing Space and
Communications Group Specific Plan (SP)
(f) As of August 26, 2010, Staff has not received any
responses, written or oral, in regard to the published and mailed public hearing notices
for this application.
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 No. 05 -10 (Indefinite
Extension) 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
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Planning Commission Resolution No. 10 -34
Conditional Use Permit 05 -10 (Indefinite Extension)
2950 Westminster Avenue (Chevron)
September 1, 2010
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 2950 Westminster
Avenue are adequate in size, shape, topography and location to meet the needs of the
existing use of the property. The property is approximately .65 acres in area, and
provides an adequate number of parking spaces.
(c) The building and property at 2950 Westminster
Avenue, as conditioned, meets all criteria for automobile service stations set forth in the
Code
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 05 -10 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 05 -10 (Indefinite Extension) is approved for an
automobile service station with 24 -hour operation, a convenience market, and a
drive - through car wash.
2. All development shall be in substantial conformance to plans submitted for
Conditional Use Permit 05 -10 (Indefinite Extension), as revised from original
plans.
3. Automobile service station and convenience market operations are permitted for
24 -hour daily operation.
4. The automated car wash is limited to hours of operation between 7:00 am and
10:00 pm daily.
5. Displays of merchandise shall not be located further than 5 feet from the service
station /convenience store building, with the exception of oil products necessary
for daily direct service to automobiles may be on the pump island and limited to 6
feet in height.
6. All lighting shall be located and maintained so as to confine direct rays to the
premises.
7. Boundary landscaping is required for a minimum depth of 4 feet along the
property lines abutting streets except for the area required for street openings
and the area within 5 feet on either side of street openings. Boundary
landscaping shall be limited to a height of not more than 42" within 20 feet of any
points of intersection.
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Planning Commission Resolution No. 10 -34
Conditional Use Permit 05 -10 (Indefinite Extension)
2950 Westminster Avenue (Chevron)
September 1, 2010
8. Boundary landscaping east of the drive approaches adjacent to the building shall
be a minimum depth of 5 feet along the property lines abutting Westminster
Avenue and Seal Beach Boulevard.
9. Any landscaped area shall be separated from an adjacent vehicular area by a
wall or curb at least 6 inches higher than the adjacent vehicular area.
10. Permanent watering facilities shall be provided for all landscaped areas.
11. 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.
12. Any graffiti on or within the property shall be removed within 24 hours.
13. All signs shall comply with Section 28 -1810 of the Code pertaining to automobile
service stations.
14. No alcohol shall be sold in the convenience market. If the operator desires to sell
any alcohol in the future, a modification to this Conditional Use Permit must be
specifically approved by the Planning Commission.
15. Car wash equipment shall be properly maintained in order to minimize noise
impacts to nearby properties.
16. 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. There
shall be no dumping of trash and /or glass bottles outside the establishment
between the hours of 10:00 PM and 7:00 AM. .
17. 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.
18. A modification of this Conditional Use Permit 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.
19. This Conditional Use Permit 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
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Planning Commission Resolution No. 10 -34
Conditional Use Permit 05 -10 (Indefinite Extension)
2950 Westminster Avenue (Chevron)
September 1, 2010
and returned to the Planning Department; and until the ten (10) calendar -day
appeal period has elapsed.
20. This Conditional Use Permit 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 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.
22. Failure to comply with 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 1 st day of September 2010, by the following
vote:
AYES: Commissioners Deaton, Bello, Cummings, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners Galbreath
ABSTAIN: Commissioners None
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Planning Commission Resolution No. 10 -34
Conditional Use Permit 05-10 (Indefinite Extension)
2950 Westminster Avenue (Chevron)
September 1, 2010
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, A CP
Secretary, Planning Commission
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