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HomeMy WebLinkAboutPC Res 16-13 - 2016-06-20RESOLUTION NO. 16 -13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15 -7 AND ASSOCIATED INITIAL STUDY /MITIGATED NEGATIVE DECLARATION WITH MITIGATION MONITORING AND REPORTING PROGRAM TO CONSTRUCT A 37,000 SQ. FT. HEALTH CLUB (FITNESS CENTER) AT 12411 SEAL BEACH BOULEVARD WITHIN THE SHOPS AT ROSSMOOR IN THE GENERAL COMMERCIAL (GC) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Martin Potts of MPA ( "the applicant ") on behalf of the property owner CPT Shops at Rossmoor, LLC John Miller, submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 15 -7. The proposed project includes constructing and operating a 37,000 square foot health club at an existing shopping center, the Shops at Rossmoor, within the Commercial General (CG) zoning area. Section 2. The proposed development of a fitness center constitutes a project that is subject to review under the California Environmental Quality Act (CEQA) 1970 (Public Resources Code, Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.). Based on the findings of an Initial Study, a Mitigated Negative Declaration was prepared pursuant to Section 21080(c) of the Public Resources Code and Section 15070 of the State CEQA Guidelines. Notice of preparation of the Initial Study /Mitigated Negative Declaration was posted for the period of April 28, 2016 to May 18, 2016. The City received comments on the proposed Initial Study /Mitigated Negative Declaration. Section 3. On May 18, 2016, a duly noticed public meeting was conducted by the Seal Beach Environmental Quality Control Board (EQCB) during the public comment period on the proposed Initial Study /Mitigated Negative Declaration. The EQCB received public comments on the project, and forwarded those public comments and the EQCB comments to the Planning Commission for consideration as part of the Planning Commission's consideration of the project, in accordance with Seal Beach Municipal Code Section 3.10.005(F). Section 4. A duly noticed public hearing was held before the Planning Commission on June 20, 2016 to consider Conditional Use Permit 15 -7 and the associated Initial Study /Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program. At the public hearing, the Planning Commission received into the record the comments forwarded from the EQCB and all other evidence and testimony provided on this matter. The record of the hearing indicates the following: Page 1 of 6 Resolution 16 -13 12411 Seal Beach Boulevard A. On October 5, 2015, the applicant submitted an application to the Community Development Department for Conditional Use Permit 15 -7 for a proposed project at 12411 Seal Beach Boulevard, Seal Beach, California. B. The subject property is a puzzle piece shaped parcel with a lot area of approximately 1,544,202 sq. ft. or (35.45 acres). The property is approximately 1427 feet wide by 1007 feet deep. The site is surrounded on the north, south and west by residential uses and to the east by commercial uses. C. The subject property is currently developed as a commercial shopping center with approximately 309,535 square feet of gross building area. D. The applicant is requesting to construct and operate a large scale commercial recreational use that is approximately 37,000 square feet in gross floor area. E. The health club is proposed to operate seven days a week. Hours of operation would be 5:00 a.m. to 11:00 p.m. Monday through Thursday, 5:00 a.m, to 10:00 p.m. on Fridays, and 8:00 a.m. to 8:00 p.m. on Saturdays and Sundays. 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 Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed improvements are consistent with the General Plan which encourages architectural diversity in the commercial area (Planning Area 4) while stimulating growth and prosperity of the city and encouraging compatibility between residential and commercial uses. The construction and operation of a health club will provide a use that is customarily associated with commercial centers and near residential uses to encourage and promote recreational facilities. B. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the General Commercial (GC) zone, an area where the Seal Beach Municipal Code (Section 11.2.10.010) allows health club facilities with approval of a Conditional Use Permit. 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 subject site is currently developed as a commercial retail shopping center. The construction of the health club will be located in an area of the center that is currently utilized as a parking lot behind the Sprouts market. This application will allow the site to continue to conform to the Seal Beach Municipal Code (Section 11.2.10.015) which provides Development Standards for the General Commercial (GC) zoned area. The proposed building is consistent with development standards applicable to height, setbacks and parking. 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 site is located within the General Commercial zone, which consists of properties developed as Page 2 of 6 Resolution 16 -13 12411 Seal Beach Boulevard commercial retail and office buildings. The proposed building and use with the added conditions as proposed will compliment the surrounding area and operate in a manner conducive with the Municipal Code requirements of noise, screening, glare, and other code requirements. The City has included 3 mitigation measures, one to reduce construction noise between specified times, two to require mufflers on construction equipment and three the project proponent shall extend the queuing length of the left - turn pocket lane from northbound Seal Beach Boulevard onto westbound Rossmoor Center Way, as recommended in the revised queuing analysis dated April 2016. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The construction and operation of the health club will increase the landscape area which will soften visual impacts to the residences adjacent to the site by adding landscaping. The subject site will continue to operate as a commercial property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby finds that In compliance with CEQA and the State CEQA Guidelines, an Initial Study /Mitigated Negative Declaration has been prepared for Conditional Use Permit 15- 7 for the construction and operation of a 37,000 square foot health club. The Mitigated Negative Declaration finds that the proposed conditional use permit would not have a significant effect on the environment if subject to the mitigation measures described in the Mitigation Monitoring and Reporting Program (MMRP). The Planning Commission, in its independent judgment, hereby finds the Initial Study /Mitigated Negative Declaration and MMRP comply with CEQA and hereby adopts them. A copy of the approved Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is attached as Exhibit A to this Resolution Section 6. Based on the foregoing, the Planning Commission further approves Conditional Use Permit 15 -7 for the construction and operation of a 37,000 square foot health club, subject to the following conditions: 1. Conditional Use Permit 15 -7, subject to the adopted Initial Study /Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program, is approved for the construction and operation of a 37,000 square foot health club located at 12411 Seal Beach Boulevard. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 15 -7. All new construction shall comply with all applicable state and local codes. 3. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations. 4. 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. Page 3 of 6 Resolution 16 -13 12411 Seal Beach Boulevard 5. The health club will operate seven days a week. Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m. Monday through Thursday, 5:00 a.m. to 10:00 p.m. on Fridays, and 8:00 a.m. to 8:00 p.m. on Saturdays and Sundays. 6. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Community Development Department. 7. Approval of this request shall not waive compliance with all sections of the Municipal Code, all other applicable City Ordinances, and applicable Specific Plans in effect at the time of Building Permit issuance. 8. All ground- mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and /or landscaping to the satisfaction of the Community Development Department. 9. All roof mounted equipment such as AC condensers shall be screened from view. 10. A detailed on -site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Department prior to the issuance of Building Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 11. The developer shall submit a construction access plan and schedule for the development for the Planning and Engineering Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 12. Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit 15 -7 shall require review and approval by the Planning Department prior to intensification or modification. 13. No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. 14. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 12. This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 13. The applicant shall indemnify, defend and hold harmless the 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 Page 4 of 6 Resolution 16 -13 12411 Seal Beach Boulevard 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. 14. Upon submittal for Building Plan Check, the plans must show that bike racks will be provided within the project area. The location of the bike racks must be approved by the Planning Division prior to issuance of Building Permits. 15. Security must be provided in the project area at least thirty minutes prior to the opening of the health club and remain on site until at least thirty minutes after the health club's closing. 16. The applicant must reconfigure Rossmoor Center Way between the four way stop adjacent to Sprouts and Seal Beach Blvd to provide two westbound lanes, an eastbound lane and a dedicate eastbound right turn pocket. The reconfiguration of Rossmoor Center Way must be include in the project Plan Check submittal and approved by City Staff prior to issuance of building permits. Enaineerina Department 1. Applicant shall modify the City approved traffic signal timing at the intersection of Seal Beach Boulevard and Rossmoor Center Way to allow for the northbound extended left turn. 2. Applicant shall implement City approved new traffic signal coordination timing and plans for Seal Beach Boulevard from North City Limit to the 1 -405 freeway prepared by a California register traffic engineer. 3. Applicant shall monitor for one (1) year the traffic signal timing and coordination along Seal Beach Boulevard from North City Limit to the 1 -405 Freeway and report the City on a monthly basis the conditions prepared by a California register traffic engineer. Any modifications requested by the City Traffic Engineer shall be made by the applicant prepared by a California register traffic engineer. 4. Mitigation Measure T -1, below, will require the removal of newly installed median landscaping on Seal Beach Boulevard. As a result, the applicant is required to offset the loss of this landscape resource, by reimbursing the City for the cost of the landscaping, up to $50,000. The amount shall be in addition to all other fees required for this project. The reimbursement cost will be specified after the City Engineer has evaluated and identified the project costs incurred for landscaping within the median. 5. Applicant shall bear 100% of the cost of all above items. 6. Per the current 2016 - 2017 Fee Schedule and a gross leasable space of 37,000 square feet, the following are the fees must be paid prior to the issuance of building permits: Page 5 of 6 Resolution 16 -13 12411 Seal Beach Boulevard 1. Transportation Facilities and Programs Development Fee: $3.79/sf X 37,OOOsf = $140,230.00 2. Transportation Facilities and Programs Development Application Fee: $0.55/sf X 37,OOOsf = $20,350.00 Total combined fee of $160,580.00. Mitigation Measures: 1. Mitigation Measure NOI -1: The contractor shall limit construction activities to between the hours of 7:00 A.M. and 7:00 P.M. on weekdays, and 8:00 A.M. and 6:00 P.M. on Saturdays. Construction activities will not be permitted on Sundays or any federal holidays. The applicant shall ensure compliance with this condition. 2. Mitigation Measure NOI -2: The contractor, to the satisfaction of the Community Development Director, shall provide for all construction vehicles to have mufflers and be maintained in good operating order at all times. No major vehicle repair shall be conducted on the site. The applicant shall ensure compliance with this condition. 3. Mitigation Measure T -1: Prior to issuance of occupancy permits, the applicant shall extend the queuing length of the left -turn pocket lane from northbound Seal Beach Boulevard onto westbound Rossmoor Center Way, as recommended in the revised queuing analysis dated April 2016 for the project traffic impact analysis to the satisfaction of the City Engineer. The City may determine a fair - share payment for completion of such improvements. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on June 20, 2016, by the following vote: AYES: Commissioners Klinger, Cummings, Thomas NOES: Commissioners Campbell, Machen ABSENT: Commissioners ABSTAIN: Commissioners nning Commission Secretary Esther Cummings Chairperson Page 6 of 6