HomeMy WebLinkAbout3 - MUP 11-6 (600 Pacific Coast Hwy)• January 18, 2011
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STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
GENERAL
DESCRIPTION
Code Sections:
Recommendation:
Applicant: DAVID VIGIL
Owners: MARVIN FIELDS
Location: 600 PACIFIC COAST HIGHWAY, SUITE #200
Classification of Property: GENERAL COMMERCIAL (GC)
TO ESTABLISH THERAPEUTIC MASSAGE AS AN ACCESSORY
USE TO AN EXISTING CHIROPRACTIC OFFICE. THE SEAL
BEACH MUNICIPAL CODE REQUIRES A MINOR USE PERMIT TO
ALLOW MASSAGE AS AN ACCESSORY USE.
Environmental Review: PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15301(E)(1) — EXISTING FACILITIES, THIS
PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW.
SECTIONS 11.2.10.010 AND 11.5.20.005A OF THE SEAL
BEACH MUNICIPAL CODE.
APPROVE MINOR USE PERMIT 11 -6, SUBJECT TO CONDITIONS,
THROUGH THE ADOPTION OF RESOLUTION 11 -31.
Z: \Minor Use Permits \MUP 11 -6 600 Pacific Coast Highway Ste. 200\MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff
Report.docx
FACTS
❑ On December 22, 2011, 2011, Mr. David Vigil (the "applicant ") submitted an
application to the Department of Development Services for Minor Use Permit
(MUP) 11 -6.
❑ The subject request is to allow therapeutic massage as an accessory use to an
existing Chiropractic office. The Seal Beach Municipal Code requires a minor
use permit to allow massage as an accessory use.
❑ The subject business is located within the Bay City Center at 600 Pacific Coast
Highway
❑ The surrounding land uses and zoning are as follows:
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
NORTH: Residential uses within the Residential Low Density (RLD -9)
zone.
SOUTH: Residential uses within the Residential High Density (RHD-
20) zone; Commercial uses within the General Commercial
(GC) zone.
DISCUSSION
EAST: Commercial uses within the General Commercial (GC) zone.
WEST: Residential uses within the Residential Medium Density
(RMD -15) zone.
0 As of January 12, 2012, staff has received no correspondence with regard to the
hearing notices that were mailed and published for the proposed MUP 11 -6.
On December 22, 2011, the applicant submitted an application for MUP 11 -6. The
subject request is to allow therapeutic massage as an accessory use at an existing
chiropractic office.
Section 5.45 of the Seal Beach Municipal Code (SBMC) regulates the operation of
massage establishments and massage technicians. All licensed massage
establishments and technicians must comply with the applicable requirements of
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx
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Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
Section 5.45 as a condition of their licensure. Furthermore, massage technicians,
before they can obtain a business license, must submit to a police background check
and must adhere to a strict set of rules of conduct once they obtain their license. Under
Section 11.2.10.010 of the SBMC, massage as a primary business use requires a
conditional use permit, whereas massage as an accessory business use requires a
minor use permit.
Therapeutic massage is a common component of Chiropractic services. Given the
professional nature of Chiropractic offices, staff believes that the granting of a minor use
permit for therapeutic massage at the proposed location should not create any adverse
impacts to surrounding businesses or the neighborhood at large if properly conditioned.
While the minor use permit, if granted, would apply to the subject business location,
massage technicians employed by the business would still be required to obtain an
individual business license and undergo a police background check.
Required Findings for Approval of Use Permit
A use permit shall only be granted if the Planning Commission finds, based upon
evidence presented at the hearing, the proposal as submitted, or as modified, conforms
to all of the following criteria, as well as to any other special findings required for
approval of use permits in specific zoning districts:
1. The proposal is consistent with the General Plan and with any other
applicable plan adopted by the City Council;
2. The proposed use is allowed within the applicable zoning district with use
permit approval and complies with all other applicable provisions of the
Municipal Code;
3. The site is physically adequate for the type, density, and intensity of use
being proposed, including the provision of services, and the absence of
physical constraints;
4. The location, size, design, and operating characteristics of the proposed use
will be compatible with and will not adversely affect uses and properties in the
surrounding neighborhood; and
5. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare of
persons residing or working in the vicinity of the proposed use.
Staff believes that .the preceding findings can be made, that both the business and
business location are appropriate for the proposed use, and therefore recommends
approval of Minor Use Permit 11 -6.
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx
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RECOMMENDATION
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
Staff recommends the Planning Commission, after considering all relative testimony
presented during the public hearing, approve Minor Use Permit 11 -6, subject to
conditions.
Staffs recommendation is based on the following:
❑ Minor Use Permit 11 -6, as conditioned, is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "Commercial -
General" designation for the subject property and permits chiropractic and similar
medical office type uses. The use, as conditioned, 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, as conditioned, is consistent with the General Plan.
❑ The existing chiropractic office, with therapeutic massage proposed as an
accessory use, is allowed within the applicable zoning district with use permit
approval and complies with all other applicable provisions of the Municipal Code.
❑ The site is physically adequate for the use as a chiropractic office with accessory
therapeutic massage.
❑ The location, size, design, and operating characteristics of the accessory
therapeutic massage use will be compatible with and will not adversely affect
uses and properties in the surrounding neighborhood.
❑ The establishment, maintenance, or operation of the accessory therapeutic
massage use at the proposed location will not be detrimental to the health,
safety, or welfare of persons residing or working in the vicinity of the proposed
use.
Staff recommends the following conditions of approval for Minor Use Permit 11 -6:
1. Minor Use Permit 11 -6 is approved for the establishment of therapeutic massage
as an accessory use to an existing chiropractic business at 600 Pacific Coast
Highway, Suite #200.
2. Any interior construction, remodeling, and layout shall be in substantial
compliance with the plans approved through Minor Use Permit 11 -6. All new
construction shall require a building permit and shall comply with all applicable
sections of the City's Zoning Code.
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx
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Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
3. Public access to the accessory use shall only be from within the structure that
houses the primary use and shall not have separate access from outside the
primary use.
4. The floor area of the accessory use shall not exceed 1,000 square feet or 20% of
the total floor area of the primary use, whichever is less.
5. This use permit shall be terminated if the subject business location ceases to
operate primarily as a chiropractic office.
6. Individual business licenses shall be required for all massage technicians
employed at the subject business location.
7. This use permit may be revoked if the accessory use is found to be in violation of
any portions of Section 5.45 of the Seal Beach Municipal Code.
8. This Minor 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 ten (10) day appeal period has elapsed.
• 9. 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 Height Variation, 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.
Olivera, AICP
0'•r Planner
epartment of Development Services
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx
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Attachments: (2)
Attachment 1: Resolution No. 11 -31, A Resolution of the Planning
Commission of the City of Seal Beach Approving Minor Use
Permit 11 -6, for the establishment of therapeutic massage
as an accessory use to an existing chiropractic office at 600
Pacific Coast Highway, Suite #200, Seal Beach.
Attachment 2 Project Plans
MUP 11-6 600 Pacific Coast Highway #200 - PC Staff Report.docx
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Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx
ATTACHMENT 1
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
RESOLUTION NO. 11 -31, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING MINOR USE PERMIT
11 -6, FOR THE ESTABLISHMENT OF
THERAPEUTIC MASSAGE AS AN ACCESSORY
USE TO AN EXISTING CHIROPRACTIC OFFICE
AT 600 PACIFIC COAST HIGHWAY, SUITE #200,
SEAL BEACH
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RESOLUTION NO. 11 -31
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR USE PERMIT 11 -6, FOR
THE ESTABLISHMENT OF THERAPEUTIC
MASSAGE AS AN ACCESSORY USE TO AN
EXISTING CHIROPRACTIC OFFICE AT 600
PACIFIC COAST HIGHWAY, SUITE #200, SEAL
BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On December 22, 2011, Mr. David Vigil (the "applicant ")
submitted an application for Minor Use Permit 11 -6. The subject request is to allow
therapeutic massage as an accessory use to an existing chiropractic office.
Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and § II.A of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
Minor Use Permit 11 -6 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existing
Facilities), because the application is for the establishment of an accessory use to a
previously established business.
Section 3. A duly noticed public hearing was held before the Planning
Commission on January 18, 2012, to consider Minor Use Permit 11 -6. At the public
hearing, the Planning Commission received into the record all evidence and testimony
provided on this matter.
Section 4. The record of the hearing indicates the following:
(a) On December 22, 2011, the applicant submitted an application for
Minor Use Permit 11 -6.
(b) The applicant is requesting to establish therapeutic massage as an
accessory use to an existing chiropractic office at 600 Pacific Coast Highway, Suite
#200.
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx
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MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
(c) The subject business is located within the Bay City Center
(d) The surrounding land uses and zoning are as follows:
NORTH: Residential uses within the Residential Low Density
(RLD -9) zone.
SOUTH: Residential uses within the Residential High Density
(RHD -20) zone; Commercial uses within the General
Commercial (GC) zone.
EAST: Commercial uses within the General Commercial
(GC) zone.
WEST: Residential uses within the Residential Medium
Density (RMD -15) zone.
Section 5. Based upon the evidence in the record, including the facts
stated in Section 4 of this resolution and pursuant to Section 11.5.20.005A of the Seal
Beach Municipal Code, the Planning Commission hereby finds as follows:
(a) Minor Use Permit 11 -6, as conditioned, is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
"Commercial - General" designation for the subject property and permits chiropractic
and similar medical office type uses. 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 existing chiropractic office, with therapeutic massage proposed
as an accessory use, is allowed within the applicable zoning district with use permit
approval and complies with all other applicable provisions of the Municipal Code.
(c) The site is physically adequate for use as a chiropractic office with
accessory therapeutic massage.
(d) The location, size, design, and operating characteristics of the
accessory therapeutic massage use will be compatible with and will not adversely affect
uses and properties in the surrounding neighborhood.
(e) The establishment, maintenance, or operation of the accessory
therapeutic massage use at the proposed location will not be detrimental to the health,
safety, or welfare of persons residing or working in the vicinity of the proposed use.
9
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx 10
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
Section 6. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 11 -6, subject to the following conditions:
1. Minor Use Permit 11 -6 is approved for the establishment of therapeutic massage
as an accessory use to an existing chiropractic business at 600 Pacific Coast
Highway, Suite #200.
2. Any interior construction, remodeling, and layout shall be in substantial
compliance with the plans approved through Minor Use Permit 11 -6. All new
construction shall require a building permit and shall comply with all applicable
sections of the City's Zoning Code.
3. Public access to the accessory use shall only be from within the structure that
houses the primary use and shall not have separate access from outside the
primary use.
4. The floor area of the accessory use shall not exceed 1,000 square feet or 20% of
the total floor area of the primary use, whichever is less.
5. This use permit shall be terminated if the subject business location ceases to
operate primarily as a chiropractic office.
6. Individual business licenses shall be required for all massage technicians
employed at the subject business location.
7 This use permit may be revoked if the accessory use is found to be in violation of
any portions of Section 5.45 of the Seal Beach Municipal Code.
8. This Minor 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 ten (10) day appeal period has elapsed.
9. 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 Height Variation, 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of , 2012
by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Mark Persico, AICP
Secretary - Planning Commission
MUP 11-6 600 Pacific Coast Highway #200 - PC Staff Report.docx 11
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012
Sandra Massa - Lavitt, Chairwoman
Planning Commission
ATTACHMENT 2
PROJECT PLANS
MUP 11 -6 600 Pacific Coast Highway #200 - PC Staff Report.docx 12
Planning Commission Staff Report
Minor Use Permit 11 -6
600 Pacific Coast Highway, Suite #200
January 18, 2012