HomeMy WebLinkAboutPC Res 10-45 - 2010-12-15RESOLUTION NUMBER 10-45 01910, 111
A RESOLUTION OF THE PLANNING 14�
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 10 -9
FOR THE ESTABLISHMENT AND OPERATION
OF AN ACCESSORY RETAIL SPACE WITHIN
THE BOEING INTEGRATED DEFENSE SYSTEMS
(BIDS) SPECIFIC PLAN AREA AT 1799 APOLLO
COURT, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On November 10, 2010, Mike Bassiri, (the "applicant ")
submitted an application to the City of Seal Beach Department of Development Services
for Conditional Use Permit 10 -9.
Section 2 . The applicant is requesting approval for the establishment
and operation of an accessory retail space within the Boeing Integrated Defense
Systems (BIDS) Specific Plan area at 1799 Apollo Court.
Section 3 . Pursuant to 14 Calif. Code of Regs. § 15301(a) and § 11.13 of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
Conditional Use Permit 10 -9 for the requested land use entitlements for the proposed
use is categorically exempt from review pursuant to the California Environmental Quality
Act, because the proposal involves a negligible expansion of an existing use involving
minor interior alterations.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on December 15, 2010, to consider the application for Conditional Use
Permit 10 -9. The Planning Commission considered all evidence presented, both written
and oral regarding the subject application.
Section 5 . The record of the hearing of December 15, 2010 indicates
the following:
a. On November 10, 2010, Ken Hammer of Dendreon
Corporation submitted an application to the City of Seal Beach Department of
Development Services for Conditional Use Permit 10 -9.
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b. The applicant is requesting approval for the
establishment and operation of an accessory retail space within the Boeing Integrated
Defense Systems (BIDS) Specific Plan zone at 1799 Apollo Court.
C. The subject property is located within the Pacific
Gateway Business Park. The subject building is located on Apollo Court at the
northeastern corner of the industrial /business park.
d. The subject property is approximately 3.24 acres in
size and the total building area is approximately 59,611 square feet. Required parking
per Code based on the existing mix of office and warehouse uses is approximately 91
parking stalls. The proposed mix of retail, office, and warehouse uses would require
approximately 101 parking stalls. The subject property currently provides 109 parking
stalls.
e. The nearest residential properties are located
approximately 250 feet to the north in the Leisure World residential community.
f. The surrounding land uses and zoning are as follows:
❑ NORTH — Westminster Avenue; Leisure World residential community
❑ EAST— Light industrial uses; parking lots
❑ SOUTH — Light industrial uses
❑ WEST — Light industrial uses; Island Village residential community (City of
Long Beach)
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.
❑ Conditional Use Permit 09 -10 — 1700 Saturn Way (Dendreon Corp.) for
24 -hour operation of a light manufacturing use.
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
provisions of the Land Use Element of the City's
industrial use designation for the subject property
Permit 10 -9 is consistent with the
General Plan, which provides a light
and the Boeing Integrated Defense
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Planning Commission Resolution No. 10 -45
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Systems Specific Plan, which provide s
subject to a Conditional Use Permit.
elements of the City's General Plan a s
with, and reflected in, the Land Us e
consistent with the General Plan.
for retail uses associated with a warehouse,
The use is also consistent with the remaining
the policies of those elements are consistent
Element. Accordingly, the proposed use is
b. The building and property at 1799 Apollo Court 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 conversion of existing warehouse
space to retail uses, 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
potential adverse impacts to the surrounding area.
Section 7 . Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 10 -9, subject to the following conditions:
Conditional Use Permit 10 -9 is approved for the establishment and operation of
an accessory retail space, within the Boeing Integrated Defense Systems (BIDS)
Specific Plan zone at 1799 Apollo Court (Affliction Clothing).
2. Permitted hours of operation for the proposed retail space shall be from 9:00 AM
to 9:00 PM daily.
3. All new interior construction shall be in substantial compliance with plans
submitted in conjunction with the application for Conditional Use Permit 10 -9.
4. Building permits shall be obtained for all new construction requiring such permits.
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 or any interior or exterior modifications to the building.
b. The establishment proposes to modify any conditions of approval.
6. There shall be no dumping of trash outside the establishment between the hours
of 10:00 PM and 7:00 AM.
7. 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
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generated by the establishment, the Planning Commission reserves the right to
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Failure to comply with any of these conditions may result in revocation of this
Conditional Use Permit.
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PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 15th day of December 2010, by the following
vote:
AYES: Commissioners Massa- Lavitt, Cummings, and Galbreath
NOES: Commissioners None
ABSENT: Commissioners Deaton and Bello
ABSTAIN: Commissioners None
Sandra Massa- Lavitt
Vice - Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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