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HomeMy WebLinkAboutPC Res 14-2 - 2014-04-02RESOLUTION NO. 14-2 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 14-1 FOR A COMMERCIAL RECREATION FACILITY (BASKETBALL AND VOLLEYBALL) AT 1718 APOLLO COURT IN THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN AREA THE PLANNING COMMISSION • THE CITY • SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On February 4, 2014, Tim Osgood, General Manager of Athletes In Motion 4 Life ("the applicant"), submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 14-1 to permit a basketball and volleyball center, which is located in the Boeing Integrated Defense Systems (BIDS) Specific Plan Area. Section 2. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is exempt from environmental review per Sections 15060(c)(2), 15061(b)(3), and 15332 of the State CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on March 5 and April 2, 2014 to consider the application for CUP 14-1. At the March 5, 2014 hearing the Planning Commission received public testimony and granted the request from the applicant to continue the item to the April 2, 2014 meeting to allow additional time to meet with the adjoining business owners. At the April 2, 2014 public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site consists of a 26,924 sq. ft. industrial building separated into two tenant spaces. One tenant space is occupied by a corporate office and manufacturing facility the remaining tenant space will be occupied by the applicant. The building is located on the south side of Apollo Court, west of Apollo Drive and is addressed 1718 Apollo Court. The building is surrounded by light manufacturing uses on all sides. The subject property is located in Planning Area 2 of the BIDS Specific Plan Area which permits a gymnasium and similar sports facility uses with the approval of a Conditional Use Permit. B. The applicant proposed interior tenant improvements to convert 24,541 sq. ft. of existing floor space into a basketball and volleyball center which will allow for either six (6) volleyball or four (4) basketball courts and 2,383 sq. ft. for office -1 of 7- Resolution 14 -2 1718 Apollo Court and conditioning training space. The business will operate from 8:00 A.M. to 10:00 P.M., Monday through Friday, and 7:00 A.M. to 10 :00 P.M. Saturday and Sunday. C. A Parking Analysis, dated January 31 and March 17, 2014, was prepared by Linscott, Law, and Greenspan (LLG) to analyze the peak demand of the proposed basketball and volleyball center operations. The parking analysis concluded that the project site can accommodate the anticipated parking demand, with the recommendation that only four volleyball courts are utilized simultaneously during peak operation when league games are scheduled. The Parking Analysis evaluated a 1.5 hour weekday team practice schedule. A Parking Analysis Addendum, dated March 17, 2014, was prepared by LLG to analyze the revised 2 hour weekday team practice schedule. The Parking Analysis Addendum found the 93 parking spaces allocated for the project can accommodate the peak demand of 89 parking spaces. D. An Acoustical Evaluation, dated March 25, 2014, was prepared by Colia Acoustical Consultants to evaluate the sound generated by the recreation facility and recommend appropriate noise reduction measures. The acoustical evaluation provided two options for noise reduction. The recommendation to install a new independent noise reduction wall, "Option 2," provided the greatest noise reduction and will be implemented by the applicant. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The General Plan Land Use Map designates the subject property as Industrial — Light. The Land Use Element of the General Plan identifies the development of a business park, combined with hotel and commercial uses as the goal for the BIDS Specific Plan area. The concept for the BIDS Specific Plan Land Use Plan was the development of a planned mixed use business park. The BIDS area is developed with a mix of light industrial with office and commercial uses along the northeasterly area. The BIDS Specific Plan identifies a mix of uses permitted and conditionally permitted throughout the four planning areas, including warehousing, manufacturing, research and development, restaurants and gymnasiums. The proposed basketball and volleyball center will add to the mix of uses within the Specific Plan area. B. 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. The subject site is located within Planning Area 2 of the BIDS Specific Plan, which permits ice skating, ice hockey, gymnasium and similar sports related facilities with approval of a Conditional Use Permit. The BIDS Specific Plan area was developed as a planned mixed used business park with light manufacturing, warehouse and office uses throughout Planning Areas 1, 2 and 3. The proposed basketball and volleyball center is consistent with the planned mix of uses identified in Table 5 -1 of the BIDS Specific Plan. -2 of 7- 00t0 krgvmrj&• r C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The Seal Beach Municipal Code requires a ratio of 1 parking space per 300 sq. ft. of gross floor area for commercial recreation uses, which results in a minimum requirement of 90 spaces for the proposed use. The subject site is developed with a light industrial building, consisting of two tenant spaces, surrounded by a parking area with 162 stalls. As part of this project, the applicant will stripe the parking area to create an additional 29 spaces near the existing loading dock on the south portion of the lot. The parking lot will then have a total of 191 parking spaces, 98 of which will serve the adjacent tenant and 93 of which will be allocated for the basketball and volleyball center. The parking analysis conducted by Linscoft, Law, and Greenspan identifies the peak demand for the proposed use to be 89 parking spaces, less than the number of spaces provided. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding businesses. The subject site is located in the BIDS Specific Plan Area, which was intended to operate as a planned mixed use business park. Tenant improvements are proposed for the interior of the tenant space and no additions are proposed on the exterior of the building. The facility will primarily operate as an indoor practice facility for youth sports teams and leagues with periodic league tournament events. The proposed operating hours are from 8:00 A.M. to 10:00 P.M., Monday through Friday, and 7:00 A.M. to 10:00 P.M. Saturday and Sunday. The weekday team practice schedules will be set at 2 hour intervals while private training sessions will be scheduled on an hourly basis. The weekday team practice schedule will prevent an overlap between AIM patrons entering the business park and surrounding business employees exiting the business park at the end of the workday, approximately 5:00 p.m. for most businesses. An acoustical engineer has conducted an acoustical evaluation and provided noise reduction recommendations to ensure the adjacent tenant is not disturbed by the activity within the proposed basketball and volleyball center. The applicant will provide a noise reduction wall as directed by the acoustical engineer, shown as "Option 2" in the Acoustical Evaluation. The Parking Analysis Addendum, dated March 17, 2014, conducted by Linscott, Law, and Greenspan identified the peak weekday parking demand to be 89 spaces at 4:15 p.m. The parking analysis showed the 93 parking spaces allocated to the basketball and volleyball center exceed the parking demand of the facility. E. The establishment, maintenance, and operation of the proposed basketball and volleyball center use, as conditioned below, will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed use is an indoor recreation facility; all activity will be conducted within the tenant space. The activities will be conducted on a fixed weekday schedule with periodic league tournaments on weekends. An acoustical engineer has conducted an acoustical evaluation to determine the noise reduction measures required to ensure the adjacent tenant will not be disturbed by activities within the basketball and volleyball center. The applicant will be required to place trash receptacles at the facility's entrances and make -3 of 7- Resolution 14-2 1718 Apollo Court regular patrols throughout the parking areas to deter littering and loitering. A lighting plan will be required to ensure sufficient lighting is provided throughout the subject site. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 14-1 to permit a basketball and volleyball center on the subject property, subject to the following conditions: 1. Conditional Use Permit 14-1 is approved to permit a sports facility (basketball and volleyball) use at 1718 Apollo Court. 2. Upon submittal for Building Division plan check, the applicant must submit a photometric plan that clearly shows the exterior lighting on the subject site. 3. The premises of the basketball and volleyball center facility must be in substantial compliance with the project plans submitted with the application and maintained on file with the Community Development Department. 4. The hours of operation shall be 8:00 A.M. to 10:00 P.M., Monday through Friday, and 7:00 A.M. to 10:00 P.M. Saturday and Sunday. 5. The weekday team practice schedule shall be three 2 hour sessions with start times of 2:30 p.m., 4:30 p.m., and 6:30 p.m., and one 1.5 hour session commencing at 8:30 p.m. 6. A maximum of four volleyball courts can be used Simultaneously for league tournament games. The remaining 2 courts can be used for warm ups not league play. 7. Basketball and volleyball league tournament games are prohibited on weekdays. 8. Fixed seating, such as bleachers or similar seating, are prohibited. 9. Private training sessions are prohibited on days scheduled for league tournament games. 10. The private training and conditioning room is limited to use by tw# coaches and six players at any one time. 11. 12. building. 13. the basketball and serving the facility. Building occupancy is limited to 184 occupants. All business activity must be conducted completely within the A minimum of 93 on-site parking spaces must remain available for volleyball center. At no time may fees be charged for parking -4 of 7- Resolution 14-2 1718 Apollo Court 14. All parking lot striping must be completed prior to the issuance of a Certificate of Occupancy. 15. The primary entrance to the building must be the double doors located on the south side of the tenant space. premises. 16. No video games or similar amusements shall be permitted on the 17. Speakers and similar amplification systems are prohibited. 18. A noise reduction wall must be installed adjacent to the existing demising wall between the proposed recreation facility and the neighboring tenant, per the specifications identified in the Acoustical Evaluation, dated March 25, 2014. 19. The concrete floor slab must be saw cut before installation of the new noise reduction wall between the tenant spaces. 20. Impact padding must be installed on the new noise reduction wall to a minimum height of 8 feet as measured from the finished floor. 21. Field testing must be conducted to ensure the noise reduction wall effectively reduced the sound level to 31 dBA, as measured from the adjacent tenant space. A report, showing results of the testing, must be submitted to the Community Development Department prior to final inspection from the Building Division. 22. The roll-up door on the west elevation of the building must remain closed Monday through Friday, from 8:00 a.m. to 6:00 p.m. 23. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noise 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. 24, The applicant must provide adequate exterior lighting to help provide a safe environment for patrons coming and going, to and from, the location's parking lot. 25. Applicant shall have their staff routinely patrol the parking lot and discourage groups loitering in the parking lot before and after events. 26. The recreation facility must place and maintain 2 trash cans of 30 gallon size, one at the front entrance of the office area and one just outside of the facility, for patron use. 27. A parking monitor must be must be provided during all weekend league tournaments to ensure vehicles park in the designated areas. -5 of 7- Resolution 14-2 1718 Apollo Court 28. A parking monitor must be provided at least 20 minutes before the start of each scheduled weekday team practice time at the start of the business and as needed when new teams begin use of the facility. 29. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 30. a. of Approval. b. operations of the sport activity. A modification of this CUP must be applied for when: The establishment proposes to modify any of its current Conditions There is a substantial change in the mode or character of establishment, including but not limited to a change in the approved 31. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, or any violation of the Code of the City of Seal Beach occurs. 32. 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. 33. The Planning Commission reserves the right to revoke or modify this CUP if harm or operational problems such as criminal or anti-social behavior occur. 34. The establishment shall have a public telephone listing. 35. Contact information for on-site management must be provided to City Staff upon submittal of a business license application. Any changes in management or phone numbers must be provided to City Staff within 72 hours of change. 36. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 37. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to written request for extension submitted to the Community Development Department a minimum of ninety days prior to such expiration date. 38. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. -6 of 7- Resolution 14-2 1718 Apollo Court 39. 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. 40. Building permits must be obtained for all tenant improvements conducted within the building. 41. Failure to comply with any of these conditions or a substantial change in the mode or character of the establishment shall be grounds for revoking or modifying this CUP approval. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 2, 2014, by the following vote: AYES: Commissioners Campbell, Cummings, Massa-Lavift, Sloan NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Goldberg A Mq I Jim Basham nning Commission Secretary -7 of 7- 1"v t Sandra Massa-Lavitt Chairperson