HomeMy WebLinkAboutPC Res 11-31 - 2012-01-18 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.
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.
(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.
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 18 61 day of J ■huar)/ , 2012
by the following vote:
AYES: Commissioners Cvmol) S EV4(5on, Go.I br(A�t, 6a Id ›er Mot3so,- L ow'�f-
NOES: Commissioners 'Vont J
ABSENT: Commissioners kjant-
ABSTAIN: Commissioners )1 )a At
—A(44 W it/XM -'ll(,7
Sandra Massa-Lavitt, Chairwoman
Planning Commission
f‘l� r P sico, AICP
e re ry - Planning Commission