HomeMy WebLinkAboutCC Res 4946 2001-10-22
RESOLUTION NUMBER #94fo
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
CUP NO. 01-10, PERMITIING THE
OPERATION OF A PERSONAL FITNESS
STUDIO AT 220 MAIN STREET, SEAL BEACH
(BELLA FORMA)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
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" Section 1. . On August I, 200 I, Judy Fabrizio (the "Applicant") filed
an application with the Department of Development Services for Conditional Use Permit
01-10, seeking to allow a personal fitness studio to operate at the property located at 220
MainSt.
Section 2. Pursuant to 14 California Code of Regulations ~15305 and
~1I(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for CUP 0 I-I 0 for the proposed personal fitness studio is categoricully
exempt from review pursuant to the California Environmental Quality Act pursuant to 14
California Code of Regulations ~ 15305 (Minor Alterations in Land Use Limitations),
because the proposal involves a minor alteration in land use limitation and does not
involve either a property in excess of20% slope or a change in land use or density.
Section 3. A duly noticed public healing was held before the Planning
Commission on August 22, 2001, to consider the application for CUP 01-10. At the
public hearing the applicant appeared and spoke in favor of the request, with other
persons speaking in favor. The Planning Commission determined to deny the requested
conditional use permit and requested staff to prepare the appropriate resolution for
consideration on September 5, 2001.
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Section 4. The Planning Commission denied Conditional Use Penllit
01-10, through the adoption of Planning Commission Resolution Nil. 01-37 on
September 5, 200 I.
Section 5. An appeal of the Planning Commission's denial of
Conditional Use Permit 01-10 was timely filed. On October 8,2001 the City Council
held a duly noticed public hearing to consider the appeal. The Council considered all oral
and written testimony and evidence presented at the time of the de novo public hearing,
including the staff reports.
Section 6.
The record of the de novo hearing indicates the following:
. (a) On August I, 2001, Judy Fabrizio submitted an application for Ol-
IO with the Department of Development Services.
(b) Specifically, the applicant is proposing to operate a personal fitness
studio, which utilizes techniques known commonly as "Pilates" at 220 Main Street.
(c) The subject business contains approximately 944 square feet.
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(d) The subject property is described as Orange County assessor's
parcel numher 199-043-17.
(e) The proposed building will include only the proposed business.
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(I) The nearest residential propeliy is located directly behind the
subject business, across a 15-toot wide alley.
Resolution Number ~~
(g) The surrounding IlInd uses and zoning lire as follows:
EAST
Residential I-lousing in a Residential High Density
(RHD) Zone
NORTH &
SOUTH
Commercial Businesses in the Main Street Spccific
Plan Area
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WEST
Commercial Businesses in the Main Street Specific
plan zone and Residential High Density (RHD)
Zones.
(h) An appeal of the Planning Commission determination was timely
filed in accordance with Article 29.4 of the Code of the Citv of Seal Beach.
Section 7. Based upon the evidence submitted at the de novo hearing,
facts contained in the record, including those stated in ~6 of this resolution and pursuant
to ~~ 28-1250.B(17), 28-2503 and 28-2504 of the City's Code, the City Council hereby
finds:
(a) Conditional Use Pelmit 01-10 is consistent with the provisions of
the Land Use Element of the City's General Plan, which provides a "Main Street Specific
Plan" zoning dcsignation for the subject propeliy. The use is also consistent with the
rcmaining 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.
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(II) The proposed personal fitness studio, as conditioned, is consistent
with surrounding residential and commercial uses, in that the relative size of the space
being utilized as workout area is sufficiently small enough so as to not attract a
substantially large amount of people. As conditioned, the personal fitness studio will
realistically not have any greater impact on the community than any other retail use, and
will contribute to the unique character of Main Street and the qualities that provide the
Main Street sense of identity.
(c) The proposed personal fitness studio, as conditioned, is
harmonious with the Main Street Specific Plan goal to establish and maintain a balunced
mix of uses that serve the nceds of both local and non-local populations. Testimony
presented to the Planning Commission and City Council indicates that the proposed use
will serve the needs of both local and non-local populations.
(d) 'The building and property are adequate in size, shape, topography
and location to meet the needs of the proposed use of the property.
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(e) The Planning Commission made a determination on July 18,2001,
that personal fitness studios were an appropriate land use under the Main Street Specitic
Plan, subject to Conditional Use Pcrmit. This use is consistent with the overall vision of
the Main Street Specific Plan, particularly the following provisions of the udopted
"Vision" for Main Street:
o An area with both architectural and economic diversity with a mix of offices and
businesses.
o Although it is recognizcd that the area will havc businesses that serve both
residents and visitors, the goal is not to have visitor serving uses overwhelm the
area at the expense of the small town character.
The proposed use provides a mix of retail and service related uses,
adding economic diversity to Main Street and providing a use that provides goods and
services to both residents and visitors.
(f) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
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Resolution Number~~~
Section 8. Based upon the foregoing, the City Council hercby
approves Conditional Use Permit 0 I-I 0, subject to the following conditions:
1. CUI' No. 0 I-I 0 is approved for the operation of a personal fitness studio business
locatcd at 220 Main Street.
2.
All clientele will park on Main Street between the hours of 7 AM and 9 AM, to
alleviate potential noise related etTects of parking.
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3.
The hours of this CUl' shall be 7 AM to 7 PM, 7 days a week.
.4. This CUP shall not become effective for any purpose unless/until a City
"Acceptance of Conditions" torm 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 tcn (10) calendar-day appeal period has
elapsed.
5. A modification ofthis CUP shall be applied tor when:
a. The establishment proposes to modifY any of its current Conditions of
Approval.
b. There is a substantial change in thc mode or character of operations of the
establishment.
6. The City reserves the right to revoke or modifY this CUP pursuant to Articles 25
and 28 of The Code of the Citv of Seal 13 each if harm or retail-related problems
are demonstrated to occur as a result of criminal or anti-social behavior, including
but not limited to the congrcgation of minors, violence, public dnmkenness,
vandalism, solicitation and/or litter.
7.
This ,CUP shall become null and void unless exercised within one (I) ycar 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 the
Department of Development Services a minimum of ninety (90) days prior to
such expiration date.
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8. The term of this permit shall be twelve (12) months, beginning the first day of
issuance of a business license for the personal fitness studio. At the end of the
initial term, the applicant may apply to the City for an indefinite extension. The
Planning Commission may grant an extensio'n as discussed above, provided that
all Conditions of Approval have been met and no significant police or other
problems have oCCUlTed. The applicant is hereby advised that a new application
and accompanying fee must be submitted to the City prior to consideration of any
extensions.
9.
Thc applicant shall indemnifY, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) ti'om any and all claims and
losses whatsoever occurring or resulting to any and all pcrsons, finlls, or
corporations fiJrnishing or supplying work, services, materials, or supplies in
connection with the perfornlance of the use permitted hereby or thc exercise of
the lights granted herein, and any and all claims, lawsuits or actions arising irom
thc granting of or the exercise of thc tights pelmitted by this Conditional Use
Pcnllit, and from any and all claims and losses occurring or resulting to any
person, finn, 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 staled herein shall
include, but not be limitcd to, paying all fees and costs incurred by legal counsel
of the City's choice in represcnting the City in connection with llny 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 aclion.
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Resolution NUmber ~~
Section 9. The time within which judicial review, if available, of this
decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and Section 1-13 ofthe Code of the Citv of Seal Beach, unless a shorter time is
provided by applicable law.
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PASSED, APPROVED, AND ADOPTED by the City Coun.sil.ofthe City of Seal
Beacm ~ng thereof held on the c1ei1A-L day of
W ,2001, by the following vote:
AYES:
Councilmembc
NOES:
ABSENT:
ABSTAIN: Councihnember
!LJ1I1A~~
M)(YOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yea, City Clerk of Seal Beach, CalifOmia~C1'ebY certity that the foregoing
resolution is the original copy of Resolution Number ~ on file in the office ot"the
City Clerk, passed, approved, and adopted by the City Council of the qty of Seal Beach, at
a~egUlar~ thereof held on the t51:ln.t..- day of
Wit;' , 200 I.
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Resolution Number~q~A
PROOF OF PUBLlCAT(~
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the .sEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date -of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
q /01 JdOCj J
all in the yea/2001. I ,
Proof of Publication of
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...............................................
...............................................
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
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:";t: ~., . PUBLIC HEARJNG)~~~~ . ij~~ ~ ~J.s.~ItF!,;or 'n ~~~n
;;~'~'- NOTICE IS HEREI1'.' . ':..~'A.corro~P,ORdend~'.Jir.dtolhfl 'IV.t
tcrlVUllhm Ihe City Coy:ntll of ~ 'l3UqJ.~oll'Pfb!!I,.Ol PC~t 1D..Ih. ~.~
(:1 ril Scol ~IiWJPJiDkll~ ~~ A ,~c liearW9.t;,},l";I~. '" _" ':',. ~
: h~ring.on.MOritJ4Y~OcIo~.B'h....~;!i>AteD :nus~25~Y of S.eplernber};'p
'2001 at7 00 p'm."in !he ,City COOl'!" j;,~2001':':.u.; {o~1'.~~)I!, _ . '~T:. '
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'.'_''''\_f''1''.__...~ -, I ". ~_l'r.:--.:..'.^"'/2.,,/2oa\. ....",-..,.
. c:QNllmoNAl..lISl P.ERMIl Ol",,'';:~. ~.
tio OPEllIlnON Of A PER~C!~!'I;! i - .
.....l't', - fITNE555TUDIO '~.", 'i-4';t.
i":':::~ 'J~i10 MAIM StRip...... Y,' ;
'!ll'fELlANT5 REQ~E5T' Ap!":"1 01,:
.. the Planning Commission demol ~l,ol
"(:on(l'IlIoor:a\ U~,lp'er,ml' r~Rue'l !o,
. 'Gp-ale Q ~-ilOnal Filne>> ,t..KhO ~..
. ,qn eKiltlp9 b.ui!d,ng ~I 220 Main
'. Slreel:.Rec.n~y'lh~ ~lonnlntC~o~ .-
.. mluion marJe.o (.nC!ins that o'~d :
sonal filneU' '!,tucho I' .od~e i~ !\t
: th8-pri:NiuoiU. af,the ~1I'~~fiOtit~5r:: '.
. clfic PIQn~subied to oppr~1 ~ a.
condit\oA01 uw. perfull'lUI\... ,'~. .~
ENVIRONMENTjI,\! REVIEW, IN. -
; proleclls ~ale9orlcal!y'exempl fr~.~
. CEGA review. ":";'" ... ~~
CODE SfC~ION5' 28-1210,_ 28-'
. \251; 28.2503; 28.2504-- ". . \
iAflPEUANTt"SkowR l!,oya",':t.~~'. :.'
APPLICANT; JIJIIII f~b;i'ii~--:;...~~ ~
OWNERI Jone La MaSReV. ~"'"
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Dated at Seal Beach, CA,
thisd-7 day of 5~.Mbe[2001.
~
~Y:
ignature
PUBLlCATIO AOCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555' (949) 759-7726
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