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HomeMy WebLinkAboutItem EAGENDA STAFF REPORT -OR - DATE: August 8, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: CITY COUNCIL RESOLUTION TO DENY CONDITIONAL USE PERMIT (CUP) 15 -7, AND MITIGATED NEGATIVE DECLARATION TO CONSTRUCT A 379000 SO. FT. FITNESS CLUB (FITNESS CENTER) AT 12411 SEAL BEACH BOULEVARD BACKGROUND AND ANALYSIS: At the meeting of July 25, 2016, the City Council received public testimony from the appellant and applicant regarding the request to construct a 37,000 square foot LA Fitness facility. At the close of the public hearing, the Council deliberated and decided to deny the Conditional Use Permit and Mitigated Negative Declaration. Staff was instructed to return with a resolution to support the City Council action. The attached resolution provides the City Council with support findings that describes the project as incompatible with surrounding uses based upon location, size and area. The project will generate additional traffic which interferes with children going to school during peak hours and adverse noise impacts which are inconsistent with the surrounding residential uses. LEGAL ANALYSIS: The City Attorney has reviewed the proposed resolution and approved it as to form. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: That the City Council adopt Resolution 6677 denying Conditional Use Permit 15 -7 and Mitigated Negative Declaration for a 37,000 square foot fitness center. Agenda Item E ITTED r Ji Basham, D rector of Community Development Attachments: A. Resolution No. 6677 NOTED AND APPROVED: Page 2 AM ark CMIGruuf sd 6d 95 RESOLUTION NO. 6677 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DENYING CONDITIONAL USE PERMIT 15 -7 AND MITIGATED NEGATIVE DECLARATION FOR CONSTRUCTION OF 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 SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE AS FOLLOWS: 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 City may approve a CUP only if the City can make certain findings that the use will be compatible with surrounding uses. Seal Beach Municipal Code Section 11.5.20.020(A) provides that a CUP only can be granted if the reviewing body finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria: A. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 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; C. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; D. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and E. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 3. 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 -1- (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 4. 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). The EQCB identified concerns with potential stacking impacts along Rossmoor Center Way at the 4 -way stop sign adjacent to Pei - Wei and Panera Restaurant via Seal Beach Boulevard access point; traffic impacts along St. Cloud and Seal Beach Boulevard; and traffic impacts from Seal Beach Boulevard to the project site along the travel route extending from St. Cloud to Montecito to Rossmoor Center Way. Section 5. A duly noticed public hearing was held before the Planning Commission on June 20, 2016 to consider the application for 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. Following the public hearing, the Planning Commission voted to adopt Planning Commission Resolution No. 2016 -13 approving Conditional Use Permit 15 -7. Section 6. Rossmoor Park Condo Home Owners Association timely appealed the Planning Commission's decision by submitting an Appeal Application to the City Council on June 29, 2016. Section 7. A duly noticed public hearing was held before the City Council on July 25, 2016, to consider the appeal and the applicant's application for CUP-15-7. At the public hearing, the City Council received and considered all evidence presented, both written and oral, regarding the subject application and appeal. All persons present who wished to address the Council regarding the matter were permitted to do so. Based on substantial evidence in the record of the hearing, the City Council finds the following facts to be true. 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 -2- 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 8. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to State law and Chapter 11.5.20 of the Seal Beach Municipal Code, and exercising de novo review, the City Council hereby denies CUP 15 -7 and the proposed Mitigated Negative Declaration and makes the following findings in support thereof: 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. 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. However, the proposed CUP will not comply with all other applicable provisions of the Municipal Code, because the proposed use is not compatible with the surrounding residential uses, on -site parking and traffic and circulation near the site. The proposed use will eliminate existing on -site parking spaces, thereby reducing available parking; create adverse noise impacts on residential areas within 200 feet of the project site during early morning and late night hours; and cause traffic and safety conflicts with children going to school in the morning peak hours. C. The proposed site is not physically adequate for the type, density, and intensity of use being proposed, including provision of services and physical constraints. The subject site is currently developed as a commercial retail shopping center, and 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. However, this application will not 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. Although the proposed building is consistent with development standards -3- applicable to height and setbacks, but the proposed use will result in the loss of existing on -site parking spaces. D. The location, size, design, and operating characteristics of the proposed use, even with conditions, will not be compatible with and will adversely affect uses and properties in the surrounding neighborhood, due to noise disturbances to residential uses within 200 feet of the site during early morning and late night operations; traffic congestion in the AM peak hours that will cause safety and congestion conflicts with children going to school at the same time; and parking conflicts due to loss of existing parking spaces as a result of construction. E. The establishment, maintenance, and operation of the proposed use will 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 eliminate existing on -site parking spaces; create increased traffic which will interfere with children going to school during morning hours; and result in adverse noise impacts during early morning and late evening hours which are inconsistent with the surrounding residential communities. Section 9. The City Council hereby finds and determines that it would have denied CUP 15 -7 based on any one of the findings and conclusions stated in Section 8 of this Resolution, each of which is considered by the City Council to be sufficient independent and alternative ground for denial. Section 10. Section 1094.6 of the California Code of Procedure and Seal Beach Municipal Code Section 1.20.015 govern the time within which judicial review, if available, of the City Council's decision must be sought, unless a shorter time is provided by other applicable law. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a meeting thereof held on the 8th of August, 2016, by the following vote: AYES: Council NOES: Council Membe ABSENT: Council Membe ABSTAIN: Council Members: ATTEST: Robin L. Roberts, City Clerk Sandra Massa - Lavitt, Mayor -4- STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6677 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 8th day of August, 2016. Robin L. Roberts, City Clerk -5-