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HomeMy WebLinkAboutPC Res 15-26 - 2015-11-16RESOLUTION NO. 15 -26 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 15 -10 PERMITTING THE OPERATION OF A PILATES STUDIO AT 1067 PACIFIC COAST HIGHWAY AND APPROVING A CATEGORICAL EXEMPTION UNDER CEQA IN CONNECTION THEREWITH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On July 7, 2015, Hugh & Marika Gregg submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 15 -10 to permit the operation of a Pilates Studio within an existing commercial shopping center, at 1067 Pacific Coast Highway (the "subject property "), which is designated Service Commercial in the Land Use Element of the General Plan and is located in the Service Commercial (SC) 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 subdivision (c) of Section 15303, New Construction or Conversion of Small Structures, of the State CEQA Guidelines. The Planning Commission finds that the project is categorically exempt under Section 15303(c), because the project is a service use not involving significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. All necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Section 3. A duly noticed public hearing was held before the Planning Commission on November 16, 2015 to consider the application for MUP 15 -10. 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 is within the Seal Beach Center, a multi- tenant shopping center located at the north east corner of Pacific Coast Highway and Bolsa Avenue. The shopping center consists of 3 parcels totaling 345,004 square -feet (7.92 acres) with over 100,000 square feet of mixed retail, service, and restaurant uses, and the subject site is a 934 square foot tenant space located on the largest parcel bordered by Pacific Coast Highway, Balboa Drive, and Bolsa Avenue. The subject site is surrounded by residential uses to the north across Bolsa Avenue and to the east across Balboa Drive with commercial uses to the west and across Pacific Coast Highway to the south. The subject property is located in the Service Commercial (SC) zone. 1 of 4 Resolution No. 1526 1067 Pack Coast Highway B. The proposal includes a proposal to operate a Pilates Studio. Proposed improvements are minimal, and only include interior improvements to remove interior walls and create an open area for the Pilates use. 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 proposed interior alterations and operation of a Pilates Studio are consistent with the General Plan. The General Plan specifies that the Service Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the Pilates Studio to the shopping center, the center can expand its services and attract a wider range of residents. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The Zoning Code allows the establishment of a small scale commercial recreation use (Pilates Studio) with approval of a Minor Use Permit. The Pilates Studio is in compliance with all other applicable provisions of the Municipal Code; C. The subject site is physically adequate for the proposed interior alterations and use. The remodel of the interior to establish the branding decor is consistent with other establishments in the center and the site contains adequate parking for the Pilates studio as it is the same ratio of 1 (one) parking space per 300 sq. ft. that was applied to the previous yogurt shop use. D. The location, size, design, and operating characteristics of the proposed interior alterations would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed studio complies with the height, setback and parking requirements of the Service Commercial zoning area and conditions have been imposed to ensure the proper operation of the business. The proposed hours of operation for the Pilates Studio will be 6:00 a.m. to 8:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 noon on Saturday and Sunday. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. This MUP for the proposed use includes sufficient conditions to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The use of the property will be consistent with the surrounding uses in the area. Section 5. Based upon the foregoing, the Planning Commission hereby approves MUP 15 -10 for the permitting of the operation of a Pilates Studio within an 2 of 4 Resolution No. 1526 1067 Pack Coast Highway existing commercial shopping center, at 1067 Pacific Coast Highway, subject to the following conditions. 1. Minor Use Permit 15 -10 is approved to permit the operation of a Pilates Studio at 1067 Pacific Coast Highway. 2. The premises of the Pilates Studio must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department dated September 28, 2015. 3. The studio hours of operation will be from 6:00 a.m. to 8:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 noon on Saturday and Sunday. 4. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 5. There shall be no live entertainment, amplified or unamplified music, or dancing permitted on the premises at any time unless all requirements of Seal Beach Municipal Code Section 11.4.05.010.D or any successor ordinance have been met. 6. 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. 7. Any proposed alterations or upgrades to the business, use or building will require review and approval from the City of Seal Beach Planning Division. 8. The Planning Commission reserves the right to revoke or modify this MUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 9. Failure to comply with any of these conditions or a substantial change in the mode or character of the business shall be grounds for revoking or modifying this MUP approval. 10. This MUP shall not become effective for any purpose unless /until the applicant returns a signed and notarized City "Acceptance of Conditions" form to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 11. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 12. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 13. This MUP 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 a written request for extension submitted to 3 of 4 Resolution No. 1526 1067 Pacific Coast Highway the Community Development Department at least ninety days prior to such expiration date. 14. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) 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 Minor 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. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 16, 2015, by the following vote: AYES: Commissioners Klinger, Campbell, Cummings, Machen NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Thomas Esther ummings r: Chairperson Jim Vasham ing Commission Secretary 4 of 4