HomeMy WebLinkAboutPC Res 14-4 - 2014-07-16 RESOLUTION NO. 14-4
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE
PERMIT 14-3 TO PERMIT A FITNESS STUDIO AND
RETAIL USE AT 308 MAIN STREET ON THE
GROUND FLOOR FACING MAIN STREET IN THE
MAIN STREET SPECIFIC PLAN AREA
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. On April 24, 2014, Stacy Tomaselli ("the applicant") submitted an
application to the City of Seal Beach Department of Community Development for
Conditional Use Permit (CUP) 14-3 to permit a fitness studio and retail use at 308 Main
Street (the "subject property"), which is located in the MSSP (Main Street Specific Plan)
Zone.
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 categorically
exempt from environmental review per 15060(c)(2) and Section 15061(b)(3) of the State
CEQA Guidelines.
Section 3. A duly noticed public hearing was held before, the Planning
Commission on June 18, 2014 to consider the application for CUP 14-3. At the 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. 1,755 sq. ft. tenant space within a
one-story, four-unit commercial building located on the east side of Main Street, north of
Electric Avenue. The commercial building is surrounded by commercial uses to the
north and west, commercial uses to the west across Main Street and commercial uses
to the south across Electric Avenue. The subject property is located in the MSSP (Main
Street Specific Plan) zone, which permits a personal improvement type use on the
ground floor subject to approval of a Conditional Use Permit.
B. The applicant will complete interior tenant improvements to add a
partition wall that will separate the retail area from the fitness studio.
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 a Commercial — Service land use area. The proposed use, as conditioned below, is
consistent with the General Plan. The General Plan specifies that the Commercial —
Service land use category consists of commercial establishments selling a broad range
of convenience and consumer goods or providing a variety of personal services. The
General Plan describes the Main Street Specific Plan area as an area that experiences
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heavy vehicle and pedestrian influx while also serving as the major commercial service
area for the surrounding residential areas. The proposed fitness studio and retail use
meet the intent of the commercial service designation because the business will provide
both a personal service and retail to serve the Main Street Specific Plan area.
B. The proposed personal improvement fitness studio and retail use is
permitted on the ground floor in the MSSP (Main Street Specific Plan) zone with
approval of a Conditional Use Permit. The Main Street Specific Plan identifies the areas
mix of uses in close proximity to one another as an important element in the small town
village charm. The subject site storefront opens directly onto Main Street and will add to
the mix of service-commercial and retail uses. The fitness studio will be conducted in
the rear portion of the tenant space while the retail component will be in the front
oriented toward pedestrians on Main Street.
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 6. parking spaces to meet the need of the proposed
fitness studio and retail use. The Seal Beach Municipal Code recognizes that parking is
constrained in the Main Street Specific Plan area and requires participation in the Main
Street Specific Plan District In-Lieu Parking Program. The program permits all or part of
the parking space requirements to be satisfied by compliance with this program. The
subject site does not have any physical parking spaces to serve the proposed fitness
studio and retail use so the applicant will participate in the program to satisfy all of the
parking spaces required for the fitness studio and retail use. The In-Lieu Parking Fee is
$3,500 per deficient parking space. The new personal improvement fitness studio and
retail use is determined to have a deficiency of 6 parking spaces. The applicant will pay
a total In-Lieu Parking Fee of $21,000.00 to be paid over a period of 3 years and six
months, in monthly installments of$500.00.
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 neighborhood. The subject property is
immediately surrounded by commercial uses. The nearest residential building is over
100.ft. away from the subject property and the business will be required to keep the rear
door closed while. classes take. place so as not to. cause noise. The proposed fitness
studio and retail use is compatible with the commercial area in which it is located. The
subject property consists of a, 1,755 sq. ft. tenant space within a one-story, four-unit,
commercial building in the Main Street Specific Plan area. The proposed use will not
result in additional square footage to the building and will not disrupt the existing
character of the Main Street Specific Plan area. The Seal Beach Municipal Code
requires 6 parking spaces for the proposed use and participation in the Main Street
Specific Plan District In-Lieu Parking Program will satisfy this requirement. To further
ensure that the business is compatible with surrounding uses, class sizes were
scheduled around typical peak hours in the Main Street Specific Plan area. Classes
offered before most businesses open will have a maximum of 15 clients. Similarly,
classes offered after most retail businesses close for business will have a maximum
class size of 15 clients. Any classes offered between 11:00 AM and 6:00 PM will be
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limited to a maximum class size of 4 clients. To further ensure the proposed business
does not interfere with activity on Main Street during peak hours, the fitness studio will
be prohibited from offering classes on Friday, Saturday and Sunday evenings, between
6:00 PM and 9:00 PM., when the business closes.
E. The establishment, maintenance, and operation of the proposed
fitness studio and retail use at the subject site, as conditioned below, will not be
detrimental to the health, safety, or welfare of persons residing or working in the vicinity.
The proposed fitness studio and retail use is located in a four-unit commercial building
occupied by retail and restaurant uses. The proposed fitness studio and retail use is
consistent with the existing uses throughout the Main Street Specific Plan area. The
Conditions placed on the fitness studio and retail use will ensure the business does not
become detrimental to persons residing or working in the vicinity.
F. The proposed use is consistent with the intent and purpose and
vision established for the Main Street Specific Plan. The Main Street Specific Plan
identifies the vision for Main Street as "small town America" with friendly people in a
pedestrian oriented area where people walk and feel safe on the street at night. The
proposed fitness studio, and retail use is consistent with the goals to preserve and
enhance the Main Street Specific Plan area because it adds to the mix of service
commercial uses offered to residents and visitors.
G. The proposed use does not conflict with the Specific Plan's goal to
establish and maintain a balanced mix of uses that serve the needs of both local and
non-local populations.. The proposed fitness studio and retail use will add to the mix of
uses in the Specific Plan area and maintain the balance of service commercial uses.
The proposed use will provide a service use and a retail use that complement the mix of
uses in the Main Street Specific Plan area.
H. The use will contribute to the unique character of Main Street and
the qualities that provide a sense of identity. The small town village charm of Seal
Beach's Main Street area comes from a variety factors such as an eclectic mix of
architecture, constrained area, relation to the ocean and the mix of uses in close
proximity to one another. The proposed personal improvement fitness studio and retail
use will add to this'eclectic mix of uses and enhance the variety of items offered in the
Main Street Specific Plan area. The 'proposed use will provide another retail storefront
that can appeal to pedestrians walking along the Main Street Specific Plan area.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves CUP 14-3 to permit a personal improvement fitness studio on the ground
floor, facing Main Street, within the Main Street Specific Plan at 308 Main Street, subject
to the following conditions:
1. Conditional Use Permit 14-3 is approved to permit a personal improvement fitness
studio, and retail use, at 308 Main Street on the ground floor, facing Main Street in
the Main Street Specific Plan area. The fitness studio and retail use will operate
from 6:00 AM to 9:00 PM.
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2. The premises of the fitness studio and retail use must be in substantial compliance
with the project plans submitted with the application and maintained on file with the
Community Development Department.
3. Classes conducted between the hours of 11:00 AM and 6:00 PM are limited to a
maximum of 4 clients.
4. Classes conducted from 6:00 AM to11:00 AM and after 6:00 PM are limited to a
maximum class size of 15 clients.
5. Classes will not be offered on Friday, Saturday, and Sunday evenings between the
hours of6:00 PM and 9:00 PM, closing.
6. All business activities must be conducted completely within the enclosed building.
No activities associated with the business are allowed outside of the tenant space.
7. No video games or similar amusements shall be permitted on the premises.
8. No childcare services shall be permitted on the premises.
9. The In-Lieu Parking Fee of $21,000.00 must be paid over a period of three years
and six months, in monthly installments of $500.00. The initial installment must be
paid to the City by August 1, 2014, all remaining payments will be considered due
on the 1st of every month
10. 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.
11. The door located on the east end of the north wall must be kept closed during all
classes and private sessions.
12. All requirements of the Orange County Fire Authority must be complied with prior to
issuance of building permits for tenant improvements related to the proposed use.
13. 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.
14. All clients and visitors to the fitness studio must be instructed not to park in
surrounding residential streets or alleys.
15. A modification of this CUP must be applied for when:
a. The establishment proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of the
establishment.
16. The Planning Commission reserves the right to revoke or modify this CUP if any
violation of the:approved conditions occurs, any violation of the Code of the City of
Seal Beach occurs.
17. The establishment shall have a public telephone listing.
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18. 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.
19. 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.
20.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 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.
21. Building permits shall be obtained for all tenant improvements conducted within the
building.
22. 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 July 16, 2014, by the following vote:
AYES: Commissioners l�ometi° 4 MQ*2,-f avi Comm('„I,
NOES: Commissioners ('oki[,fl,
ABSENT: Commissioners
ABSTAIN: Commissioners a /1
Sandra Massa-Lavitt
EST: Chairperson
I is
Ji Basham
PI:nning Commission Secretary
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