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HomeMy WebLinkAboutItem 2PLANNING COMMISSION ITEM NUMBER STAFF REPORT 2 TO: Planning Commission FROM: Interim Director of Community Development MEETING DATE: JULY 17, 2017 SUBJECT: CONSENT ITEM RESOLUTION FOR DENIAL OF CONDITIONAL USE PERMIT (CUP 16 -7) 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 LOCATION: 12411 SEAL BEACH BOULEVARD APPLICANT: MARTY POTTS RECOMMENDATION: That the Planning Commission adopt Resolution No. 17 -16 denying Conditional Use Permit 16 -7. Conditional Use Permit 16 -7 12411 Seal Beach Boulevard July 17, 2017 GENERAL PLAN DESIGNATION: COMMERCIAL — GENERAL ZONE: GENERAL COMMERCIAL SITE DESCRIPTION: Assessor's Parcel Number: 086- 492 -79 Lot Area: 1,544,202 sq. ft. or (35.45 acres) Project Gross Floor Area: 37,000 sq. ft. (fitness center) Surrounding Properties: North: Residential High Density (RHD -46) South: Residential Medium Density (RMD -18) East: General Commercial West: Residential High Density (RHD -46) ENVIRONMENTAL ASSESSMENT: 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 at seq.) and the State CEQA Guidelines ( California Code of Regulations, Section 15000 at seq.). Based on the findings of an Initial Study, the City in conjunction with environmental consultant MIG, Inc. caused preparation of a Final Environmental Impact Report (State Clearinghouse No. 2017011033) (Final EIR) pursuant to Section 21080(d) of the Public Resources Code. Pursuant to CEQA and the CEQA Guidelines, on June 27, 2017, at the conclusion of the public hearing on June 27, 2017, the Planning Commission certified the Final EIR, adopted findings pursuant to CEQA, and adopted a Mitigation Monitoring and Reporting Program, on June 27, 2017 pursuant to Resolution No. 17 -15. LEGAL NOTIFICATION: The legal notice of the hearing was originally published in the Seal Beach Sun Newspaper on June 8, 2017 and mailed to property owners and occupants within a 500' radius of the subject property on June 8, 2017, with affidavits of publishing and mailing on file. Due to an inadvertent error in the mailed notices regarding the location of the hearing, legal notice of this hearing was published in the Seal Beach Sun Newspaper on June 15, 2017 and mailed to property owners and occupants within a 500' radius of the subject property on June 15, 2017, with affidavits of publishing and mailing on file. On June 19, 2017, the Planning Commission opened the public hearing, and by motion continued the public hearing to the date and time certain of June 27, 2017 at 7:00 p.m. At the meeting of June 27, 2017 the Planning Commission, closed the public hearing and by motion, continued the item to July 17, 2017. Ci,, of Feel B—h Page 2 of 4 Conditional Use Permit 16 -7 12411 Seal Beach Boulevard July 17, 2017 BACKGROUND: The public hearing before the Planning Commission on this item commenced on June 19, 2017. Due to an inadvertent error in the mailed notices regarding the location of the hearing, the Planning Commission opened the public hearing, and two speakers gave testimony. The Planning Commission then voted to keep the public hearing open and continued the item to an adjourned /special meeting of the Planning Commission on June 27, 2017 at 7:00 p.m. in the Council Chambers. At the meeting of June 27, 2017, the continued public hearing was held before the Planning Commission to consider Conditional Use Permit 16 -7 and the associated Final Environmental Impact Report (EIR) with Mitigation Monitoring and Reporting Program (MMRP). After closing the public hearing, the Planning Commission deliberated before voting to approve Resolution 17 -15, certifying the Final EIR and MMRP, before voting on a failed motion to approve CUP 16 -7. The Planning Commission then voted, and approved, a motion directing staff to prepare a Resolution denying CUP 16 -7 because it determined that two of the five required findings could not be made to approve CUP 16 -7. ANALYSIS: Project Description: Proposed CUP 16 -7 is for construction of a 37,000 square -foot health club (fitness center) (hereinafter "the project'). Proposed facilities in the health club would include free weights, circuit training, a pool, a basketball court, separate rooms for aerobics and spinning, a personal training room, men's and women's showers and lockers, a hot yoga studio, a physical therapy room, and a children's area. The project is proposed within the rear of The Shops at Rossmoor shopping center on the west side of Seal Beach Boulevard between St. Cloud Drive and Bradbury Road in the General Commercial (GC) zoning area. The project site is located within a buih -out and completely urbanized area along Seal Beach Boulevard and Rossmoor Center Way. The project site currently is used as parking for the Shops at Rossmoor. The existing shopping center is approximately 35.45 acres or 1,544,202 square - feet in gross area and approximately 379,029 square feet of gross building area. The site is surrounded by residential uses to the north, south and west, with commercial uses to the east across Seal Beach Boulevard. The applicant submitted an application for the large scale commercial recreation use on November 22, 2016. Seal Beach Municipal Code, Table 11.2.10.010 permits large scale commercial recreation uses subject to approval of a Conditional Use Permit. Large scale recreational uses are health clubs, fitness centers, swimming pools and tennis centers etc. that are larger than 20,000 square feet of building area. Decision on the Conditional Use Permit In order to approve any CUP, the Planning Commission must make all of the following findings in accordance with SBMC Section 11.5.20.020: 1. The proposal is consistent with the general plan and with any other applicable plan adopted by the city council; 2. 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; Page 3 of 4 Conditional Use Permit 167 12411 Seal Beach Boulevard July 17, 2017 3. 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; 4. 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 5. The establishment, maintenance, oroperation 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. At the meeting of June 27, 2017, the Planning Commission declined to approve the Project because the Commission determined that it cannot make findings 4 and 5 as required by SBMC Section 11.5.20.020. The Planning Commission identified that the hours of operation and increased traffic congestion that would result from the project were the basis for their decision to deny CUP 16 -7 then directed Staff to return with a resolution incorporating those findings at the meeting of July 17, 2017. CONCLUSION: After conducting the public hearing and receiving public testimony, staff recommends that the Planning Commission deliberate and then take the following actions: 1. Adopt Resolution No. 17 -16 denying Conditional Use Permit 16 -7to construct and operate a 37,000 square foot health club at an existing shopping center at 12411 Seal Beach Boulevard within the Commercial General (CG) zoning area Prepared by: Sieve Fowler Assistant Planner Attachments (1): 1. Resolution No. 17 -16 - A Resolution of the Seal Beach Planning Commission Denying Conditional Use Permit 16 -7 to construct and operate a 37,000 square foot health club at an existing shopping center at 12411 Seal Beach Boulevard within the Commercial General (CG) zoning area. Page 4 of 4 RESOLUTION NO. 17 -16 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT 16- 7 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) 16 -7. The proposed project includes constructing and operating a 37,000 square foot health club (fitness center) 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 (SBMC) 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 at seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000 at seq.). Based on the findings of an Page 7 of 5 Resolution 17 -16 12411 Seal Beach Boulevard Initial Study, the City in conjunction with environmental consultant MIG, Inc. caused preparation of a Final Environmental Impact Report (State Clearinghouse No. 2017011033) (Final EIR) pursuant to Section 21080(d) of the Public Resources Code. Section 4. In accordance with Seal Beach Municipal Code (SBMC) Section 3.10.005, on April 5, 2017, a duly - noticed public meeting was conducted by the Seal Beach Environmental Quality Control Board (EQCB) during the public comment period on the proposed Draft Environmental Impact Report (Draft EIR) on the project. The EQCB received public comments on the Draft EIR, and forwarded those public comments and the EQCB comments to Staff to be incorporated into the Draft EIR, and to be included in the record submitted to the Planning Commission as part of the Planning Commission's consideration of the proposed Final EIR and project, in accordance with SBMC Section 3.10.005(F). Section 5. A duly noticed public hearing was commenced before the Planning Commission on June 19, 2017 to consider Conditional Use Permit 16 -7 and the associated Final EIR with Mitigation Monitoring and Reporting Program. At the public hearing the Planning Commission determined that there was an inadvertent error in noticing the item with regard to the location of the hearing. As a result of the error in the notice, the Planning Commission opened the public hearing for public comment and two speakers presented testimony, and then by motion the Planning Commission voted to keep the public hearing open and continued the item to an adjourned /special meeting of the Planning Commission on June 27, 2017 at 7:00 p.m. in the Council Chambers. Section 6. The duly noticed continued public hearing was held before the Planning Commission on June 27, 2017 to consider Conditional Use Permit 16 -7 and the associated Final EIR with Mitigation Monitoring and Reporting Program. At the continued public hearing, the Planning Commission took additional public testimony, received into the record the comments forwarded from the EQCB, and all other written and oral evidence and testimony provided on this matter, and thereafter closed the public hearing. All persons present who wished to address the Planning Commission regarding the matter were permitted to do so. Section 7. Pursuant to CEQA and the CEQA Guidelines, on June 27, 2017, at the conclusion of the public hearing on June 27, 2017, the Planning Commission certified the Final EIR, adopted findings pursuant to CEQA, and adopted a Mitigation Monitoring and Reporting Program, on June 27, 2017 pursuant to Resolution No. 17 -15. Section 8. Based on substantial evidence in the record of the hearing, the Planning Commission finds the following facts to be true: A. On November 22, 2017, the applicant submitted an application to the Community Development Department for Conditional Use Permit (CUP) 16 -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 1,427 Page 2 of 5 Resolution 17 -16 12411 Seal Beach Boulevard feet wide by 1,007 feet deep. The site is surrounded on the north, south and west by residential uses and to the east by commercial uses. High - density residential projects are located immediately to the north and west of the Shops at Rossmoor, and single family housing is also located to the west and south of the center. C. The subject property is currently developed as a commercial shopping center with approximately 376,029 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, in an area of the shopping center that is presently used as a parking lot. 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. F. The Final EIR, as certified by the Planning Commission, identifies that the proposed project would result in no impact or less than significant impacts in the following environmental impact categories: aesthetics, agricultural and forest resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas, hydrology and water quality, land use, mineral resources, population and housing, public services, recreation, traffic and transportation, and utilities and service systems. The certified Final EIR further found that the Project would have a potentially significant impact on noise, but also found that with the incorporation of mitigation measures identified in the EIR, the potentially significant noise impacts of the proposed project would be reduced below a level of significance. No significant and unmitigable impacts were identified in the EIR. Pursuant to Resolution No. 17 -15, those mitigation measures were adopted into the Mitigation Monitoring and Reporting Program as Mitigation Measure Noise -1 and Mitigation Measure Noise -2. G. Residents of the adjacent single - family and high - density residential developments testified and submitted letters opposing CUP 16 -7 on the grounds that the internal parking and circulation design of the shopping center is inadequate and would be worsened by the Project, and that the Project would create adverse impacts on the surrounding residential community including noise, increased traffic congestion, and crime. Section 8. Environmental Determination. A. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the CEQA Guidelines, and the City's Local CEQA Guidelines. A Final Environmental Impact Report (Final EIR) was prepared for the Project, and is incorporated herein by this reference. The Planning Commission certified the Final EIR and made environmental findings conceming the Project by separate action, pursuant to Resolution No. 17 -15 on June 27, 2017. That resolution is also incorporated herein by this reference as if set forth in full. Page 3 of 5 Resolution 17 -16 12411 Seal Beach Boulevard B. Prior to taking action on this Project, the Planning Commission has independently reviewed and considered the certified Final EIR with Mitigation Monitoring and Reporting Program, and the record of proceedings in connection therewith, as certified and adopted by the Planning Commission pursuant to Resolution No. 17 -15, including the Notice of Preparation /Initial Study (NOP /IS), Draft Environmental Impact Report (Draft EIR), all public comments, both written and oral, received in response to the NOP /IS, Draft EIR and Final EIR, all staff reports, and all of the other evidence, both written and oral, that was presented to the Planning Commission during the public hearing held on the proposed Final EIR with Mitigation Monitoring and Reporting Program, prior to taking action on this proposed project. Section 9. The documents, staff reports, technical studies, appendices, plans, specifications, oral testimony and other materials that constitute the record of proceedings upon which this Resolution is based are on file for public examination during normal business hours at the Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal Beach, CA 90740. Section 10. All legal prerequisites to the adoption of this Resolution have occurred. Section 11. 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, the Planning Commission hereby denies CUP 16 -7 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 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 not be compatible with and will adversely Page 4 of 5 Resolution 17 -16 12411 Seal Beach Boulevard affect uses and properties in the surrounding neighborhood, due to potential noise disturbances to residential uses within 200 feet of the site during early morning and late night operations; increased traffic congestion and waiting time for vehicles entering and exiting nearby residential developments along Rossmoor Center Way and Montecito. 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 create increased traffic; may result in noise impacts during early morning and late evening hours which are inconsistent with the surrounding residential communities; and result in increased traffic congestion and waiting times on surrounding streets and developments. Section 12. The Planning Commission hereby finds and determines that it would have denied CUP 16 -7 based on any one of the findings and conclusions stated in Section 10 of this Resolution, each of which is considered by the Planning Commission to be sufficient independent and alternative ground for denial. Section 13. SBMC Sections 11.5.20.030.A.2 and 1.20.005.0 govern the time within which this decision of the Planning Commission may be appealed to the City Council. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 17, 2017, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Crystal Landavazo Planning Commission Secretary Deb Machen Chairperson Page 5 of 5