HomeMy WebLinkAboutAttachment F - PC Res 17-16 - 2017-07-17A 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 et seq.). Based on the findings of an
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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
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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 concerning 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.
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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
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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 CityCouncil.
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 Campbell Machen Aguilar
NOES: Commissioners Klinger, Thomas
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
stal an ava
fanning Camf fission Secretary
L -MZL,A-
De hen
Chairperson
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