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HomeMy WebLinkAboutPC Res 16-22 - 2016-10-17RESOLUTION NO. 16 -22 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 16 -6 AND MINOR USE PERMIT TO ALLOW A SHARED PARKING AGREEMENT FOR A SMALL COMMERCIAL RECREATIONAL FACILITY (MARTIAL ART STUDIO) IN A COMMERCIAL CENTER LOCATED IN THE MAIN STREET SPECIFIC PLAN (MSSP) AREA AT 348 AND 350 MAIN STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Eric Lenore, on behalf of Main and PCH, LLC submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 16 -6 and Minor Use Permit (MUP) 16 -6 to permit a shared parking agreement for a commercial center with a martial arts studio at 348 and 350 Main Street (the "subject property'), which is located in the Main Street Specific Plan (MSSP) 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 Section 15303 (Conversion of small structures) of the State CEQA Guidelines the permitting of a shared parking agreement for a commercial center and the operation of a Dojo where only minor modifications are required for the conversion of use. Section 3. A duly noticed public hearing was held before the Planning Commission on October 17, 2016 to consider the application for CUP 16 -6 and MUP 16 -6. 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 located on the south east corner of the Main Street and Pacific Coast Highway intersection. The subject site consists of two parcels totaling 17,537 square -feet (0.40 acre). Each parcel is currently under development with a two -story building. The total square footage of both buildings will be 15,000 square feet and a second story unit of 1,600 square feet will be occupied by a martial arts Dojo. B. The subject site is surrounded by commercial uses to the north, south and west while there are both commercial and residential uses to the east across an alley. The subject property is located in the Main Street Specific Plan (MSSP) area. C. The applicant proposes to permit a shared parking agreement for a 15,000 sq. ft. commercial plaza which includes a martial arts studio. Page 1 of 6 Resolution No. 16 -22 350 Main Street D. The proposed martial arts studio will require tenant improvements to establish the branding d6cor. E. Seal Beach Municipal Code Section 11.4.20.020 permits the approval of a Conditional Use Permit for a shared parking facility if appropriate findings can be made. F. An addendum to a Traffic Impact Analysis dated April 30, 2013 was prepared by Linscott, Law & Greenspan. The addendum dated September 26, 2016 provides a shared parking analysis and has been attached to this resolution as Exhibit A 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 shared parking analysis and martial arts studio is consistent with the General Plan because the shared parking analysis will allow for a mix of services and retail uses, including a martial arts studio, which encourages growth in the commercial area of Planning Area 1. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. A shared parking analysis was prepared to evaluate the real life parking demand that would be generated by various mixes of uses on the subject site. The shared parking analysis provides a logical and systematic approach to allowing various land uses while ensuring that the Planning Area 1 is not further congested. The proposed addition of a martial arts studio and mix of commercial uses with allocated square footages specified in the parking analysis shows the plaza will grow in a logical manner that will be compatible with the existing area. As conditioned, the proposed shared parking agreement will allow for expanded services of the facility, which is proposed to be compatible with the surrounding uses. B. The shared parking analysis and martial arts studio is allowed within the Main Street Specific Plan (MSSP) zoning area subject to approval of a Conditional Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as Commercial - General and the Zoning Map designates the area as Main Street Specific Plan (MSSP). Pursuant to the Seal Beach Municipal Code a shared parking agreement is permitted in the MSSP zone with approval of a Conditional Use Permit. The shared parking analysis will ensure that the proposed uses within the subject site are able to operate with adequate parking so that there is no impact to the limited parking availability on Main Street. C. The site is physically adequate for the type, density, and intensity of the shared parking analysis and martial arts studio being proposed. A shared parking analysis, prepared by Linscott, Law & Greenspan evaluated the proposed mix of uses on the subject site and concluded that the project site can accommodate the anticipated parking demand for the proposed uses. The proposed share parking agreement with the Page 2 of 6 Resolution No. 16 -22 350 Main Street conditions listed below will allow the accommodation of a mix of uses on the subject site without impacting the Main Street parking areas. The shared parking analysis identified that the peak demand of the center would require 29 parking spaces and the subject site provides 30 onsite parking spaces to serve the plaza. The subject site is developed with two multi- tenant commercial buildings. No major alterations are required on the site. D. The location, size, design, and operating characteristics of the proposed martial arts studio and shared parking agreement would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The shared parking analysis evaluated three separate mixes of land uses with varying square footage allocations. Scenario 2 of the TIA Addendum, which consists of 999 sq. ft. for a dessert shop, 2,916 sq. ft. for retail, 3,983 sq. ft. for offices with no customers, 1,609 sq. ft. for offices with customers, 1,600 sq. ft. for a martial arts studio, and 3,893 sq. ft. of common areas. The parking analysis shows that peak parking demand occurs at around 3:00 p.m. on weekdays requiring 29 parking spaces. The subject site provides 30 parking spaces on site which accommodates the peak demand of the plaza. A condition has been incorporated to limit the size and types of uses allowed to those identified above, and reflected on page 3 of the TIA Addendum (Exhibit A), so that no adverse effects will result from the plaza. E. The establishment, maintenance, and operation of the shared parking analysis and martial arts studio at the subject site will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the shared parking analysis and martial arts studio. The shared parking agreement and conditions included in this resolution will require the plaza to maintain the land use square footages allocated in the TIA Addendum prepared by Linscott, Law, & Greenspan. The operation of uses detailed in the addendum will ensure an adequate amount of parking remains available for all the users on site so that the surrounding Main Street Parking areas are not impacted by the business on the subject site. F. The peak parking demand hours for all uses do not coincide so that peak demand will not be greater than the parking provided. The shared parking analysis in the TIA Addendum prepared by Linscott, Law, & Greenspan, dated September 26, 2016, illustrates that the peak parking demand for Scenario 2, occurs daily at 3:00 p.m. At peak demand the subject site requires 29 parking spaces to meet the needs of all uses on the subject site. The plaza will provide a total of 30 parking spaces on the subject site, which results in a surplus of one parking space for the plaza. G. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately. The TIA Addendum prepared by Llnscott, Law & Greenspan analyzed each use separately to determine the parking demand need to serve each use throughout the day. The finding of the TIA Addendum specified that the 30 parking spaces on site will adequately serve all uses within the center because the peak times vary for most uses. The TIA Addendum showed that at no time will the peak demand for any use exceed the number of parking spaces provided on the subject site. Page 3 of 6 Resolution No. 16 -22 350 Main Street Section 5. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit (CUP) 16 -6 and Minor Use Permit 16 -6 to permit a shared parking agreement for a commercial plaza with a martial arts studio at 348 and 350 Main Street subject to the following conditions. 1. Approval of Conditional Use Permit (CUP) 16 -6 and Minor Use Permit (16 -6) to permit a shared parking agreement for a commercial center with a martial arts studio at 348 and 350 Main Street within the Main Street Specific Plan. 2. The Main & PCH Plaza shall not exceed the land use square footage thresholds as further described in Scenario 2 of the TIA Addendum, dated September 26, 2016 (Exhibit A) and provided below: a. Dessert Shop: 999 sq. ft. b. Retail: 2,916 sq. ft. c. Office (no customer): 3,983 sq. ft. d. Office (with customers): 1,609 sq. ft. e. Martial Arts Studio: 1,600 sq. ft. f. Common Area: 3,893 sq. ft. 3. The approval of this Conditional Use Permit is not effective until execution and recordation of the shared parking agreement in a form satisfactory to the City. 4. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 5. There shall be no dumping of trash outside and /or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 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 martial arts studio or parking agreement will require review and approval from the City of Seal Beach Planning Division. 8. A modification of this approval 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. 9. The Planning Commission reserves the right to revoke or modify this approval if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs. Page 4 of 6 Resolution No. 16 -22 350 Main Street 10. The premises of the martial arts studio must be in substantial compliance with the plan submitted with the application and maintained on file with the Community Development Department date stamped June 2, 2016. 11. The hours of operation for the martial arts studio shall be 7:00 AM to 7:00 PM Monday through Friday and 9:00 AM to 11:00 AM on Saturday. 12. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code to require the provision of additional security measures. 13. The Planning Commission reserves the right to revoke or modify this approval if harm or operational problems such as criminal or anti - social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, vandalism, solicitation and /or litter. 14. 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. 15. Failure to comply with any of these conditions or a substantial change in the mode or character of the Martial arts studio shall be grounds for revoking or modifying this MUP approval. 16. This APPROVAL 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. 17. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 18. 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. 19. This approval 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 the Community Development Department at least ninety days prior to such expiration date. 20. The martial arts studio shall be the primary use of the premises and the student learning lab is an ancillary use. 21. 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 approval, and from any and all claims and losses occurring or resulting to any Page 5 of 6 Resolution No. 16 -22 350 Main Street 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 October 17, 2016, by the following vote: AYES: Commissioners Klinger, Machen, Cummings, Thomas NOES: Commissioners Campbell ABSENT: Commissioners ABSTAIN: Commissioners ATTE T: I v� Jim Basham Planning Commission Secretary Page 6 of 6 Esther Cummings Chairperson