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Home My WebLink AboutPC Res 10-38 - 2010-09-15RESOLUTION NUMBER 10 -38 014PIG 1*4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 10 -7 PERMITTING A SECOND 24 -HOUR AUTOMATED TELLER MACHINE (ATM) AT 12310 SEAL BEACH BOULEVARD, SEAL BEACH. (WELLS FARGO BANK) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On July 27, 2010, Jeffery Fry of C.E. Fry Construction submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 10 -7. Section 2 . The applicant is requesting approval for a second 24 -hour ATM at the subject property. The proposed 24 -hour ATM will be in conjunction with a Wells Fargo Bank branch. Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301(e)(1), staff has determined as follows: The application for Conditional Use Permit 10 -7 for the requested land use entitlements at a proposed restaurant is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4 . A duly noticed public hearing was held before the Planning Commission on September 15, 2010, to consider the application for Conditional Use Permit 10 -7. The Planning Commission considered all evidence presented, both written and oral regarding the subject application. the following: Section 5 . The record of the hearing of September 15, 2010 indicates (a) On July 27, 2010, Jeffery Fry of C.E. Fry Construction submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit 10 -7. (b) The applicant is requesting approval for a second 24- hour ATM at the subject property. The proposed 24 -hour ATM will be in conjunction with an existing Wells Fargo Bank branch. Page 1 of 4 Planning Commission Resolution No. 10 -38 Conditional Use Permit 10 -7 12310 Seal Beach Boulevard (Wells Fargo Bank) September 15, 2010 (c) The subject property is located in the Old Ranch Town Center. The subject building is located on Seal Beach Boulevard at the western side of the development, across from the Shops at Rossmoor. (d) The subject property is approximately 3,557 square feet in size, with an ATM room of approximately 73 feet. (e) The nearest residential properties are located approximately 650 feet to the north in the City of Los Alamitos. (f) The surrounding land uses and zoning are as follows: ❑ NORTH Retail businesses within the General Commercial (C -2) Zone; Single- family homes in the City of Los Alamitos. ❑ EAST Retail businesses within the General Commercial (C -2) Zone (Old Ranch Town Center). ❑ SOUTH Retail businesses within the General Commercial (C -2) Zone (Old Ranch Town Center). ❑ WEST Retail businesses within the General Commercial (C -2) Zone (The Shops at Rossmoor). 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) Conditional Use Permit 10 -7 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 and permits 24 -hour business operations, subject to the issuance of a Conditional Use Permit. 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 12310 Seal Beach Boulevard 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 Old Ranch Town Center. Adherence to conditions of approval placed on the use by the City of Seal Beach will mitigate any negative impacts to neighboring residents. Page 2 of 4 Planning Commission Resolution No. 10 -38 Conditional Use Permit 10 -7 12310 Seal Beach Boulevard (Wells Fargo Bank) September 15, 2010 Section 7 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 10 -7, subject to the following conditions: 1. Conditional Use Permit 10 -7 is approved for a second 24 -hour ATM at Wells Fargo Bank, 12310 Seal Beach Boulevard. 2. A security guard shall be present on the premises during all normal branch business hours. 3. A wide -angle mirror, allowing patrons to see behind them while using the ATM, shall be affixed to the front of the ATM. 4. A surveillance camera that provides a clear view of the area in and around the ATM shall be located in the area of the ATM 5. 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 AM and 6:00 AM. b. The establishment proposes to modify any conditions of approval. 6. 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. 7. 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. 8. 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 to the Department of Development Services a minimum of 90 days prior to such expiration date. 9. 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. 10. 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 Page 3 of 4 Planning Commission Resolution No. 10 -38 Conditional Use Permit 10 -7 12310 Seal Beach Boulevard (Wells Fargo Bank) September 15, 2010 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. 11. Failure to comply with any of these conditions may result in 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 15th day of September 2010, by the following vote: AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission Mark Persi CID Secretary, Planning Commission Page 4 of 4