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HomeMy WebLinkAboutCC Res 6768 2017-09-11RESOLUTION NO. 6768 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DENYING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 16 -7 TO CONSTRUCT A 37,000 SO. 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, 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 ( "Project") at an existing shopping center, the Shops at Rossmoor, within the Commercial General (CG) zoning area. Section 2. Following a duly- noticed public hearing, the Planning Commission certified the Final EIR for the Project on June 27, 2017 through the adoption of Resolution 17 -15, and denied the CUP on July 17, 2017 through the adoption of Resolution 17 -16. Timely appeals of each decision were filed with the City, Section 3. A duly noticed public hearing was held by the City Council on September 11, 2017 to consider the above - referenced appeals. At the City Council public hearing, the City Council took public testimony, received into the record the Final EIR, a written and oral staff report, the Planning Commission actions and minutes, 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 City Council regarding the matter were permitted to do so before the public hearing was closed. Section 4. Based on substantial evidence in the record of the hearing, the Planning Commission finds the following facts to be true: A. On November 22, 2016, the applicant applied 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 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. Residents of the adjacent and neighboring 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 increased noise Page 1 of 3 CUP 16 -7 12411 Seal Beach Boulevard and noise at sensitive hours of the day and night, increased traffic congestion, traffic safety issues and increased crime. Section 5. 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 6. All legal prerequisites to the adoption of this Resolution have ' occurred. Section 7. Based upon the facts contained in the record, including those stated in this Resolution and pursuant to state law and Chapter 11.5.20 of the Seal Beach Municipal Code, the City Council hereby denies the appeal and upholds the Planning Commission's denial of CUP 16 -7 and makes the following findings of fact: A. The location, size, design, and operating characteristics of the proposed use, as proposed to be conditioned, will not be compatible with and will adversely affect uses and properties in the surrounding neighborhood, due to the following individual sources of incompatibility, each of which individually (as well as collectively) justifies denial of this CUP: 1. There would be unacceptable additional noise disturbances from Project employees and users to residents and residences within 200 feet of the site, especially during early morning and late -night operations. Residential uses are especially sensitive in early moming and late evening hours proposed for Project operations to disturbing sounds like car alarms, remote car locks and unlocks, horns honking, doors slamming, loud talking and other vehicle sounds. The EIR's conclusion that noise impacts would not be quantitatively significant under CEQA does not mean that such sounds, which substantial evidence in the record shows would be inevitable with such a Project, are compatible with a residential neighborhood. Such noises would be different in character from existing noise , from the shopping center parking lot noise because of the extended early and late operating hours of the proposed fitness center and thus would adversely affect adjacent residential uses. 2. There would be an increased level of traffic congestion and an additional waiting time for vehicles entering and existing nearby residential developments along Rossmoor Center Way, Montecito, and other neighboring streets, as detailed in comments made in response to the Draft EIR and during the public hearings before the City Council and Planning Commission, that would be incompatible with existing residential uses. The fact that traffic impacts are not identified as significant environmental impacts in the Final EIR does not conclusively establish that traffic congestion and additional waiting time as a result of the Project would be compatible with the surrounding residents and residences. Substantial evidence was presented that shows the increased traffic and congestion generated by the Project would not be compatible with neighboring residential uses, with neighboring school uses and with pedestrians in the area. 3. Substantial evidence was presented at the hearing that existing delivery truck parking, loading and transit in the center blocks site lines, and transit areas, making it less safe to locate a fitness club in the area of the project. B. The establishment, maintenance, and operation of the Project will be detrimental to the health, safety, or welfare of persons residing or working in the , vicinity. The evidence presented in the record of the hearing demonstrates that 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 incompatible with the surrounding residential communities; and will result in increased traffic congestion and waiting times on surrounding streets and developments. Local residents and neighbors testified that they are concerned for the health, safety and welfare of themselves and their families. There is heavy pedestrian and bicycle use in the area that will be adversely effected by traffic generated by the project. In addition, there was evidence presented from local police departments that additional crime is associated Page 2 of 3 CUP 16 -7 12411 Seal Beach BoulevaM with fitness club uses, which may be confirmed by the applicant's intent to add a police substation in the area. Section 8. The City Council hereby finds and determines that it would have denied the appeal and denied CUP 16 -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, and supported by substantial evidence in the record of this proceeding. Section 9. This City Council action is final and not subject to appeal. Code of Civil Procedure 1094.6 governs the time within which judicial review of this decision, if any, must be sought. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a meeting thereof held on September 11 and 12, 2017, by the following vote: AYES: Council Members: Deaton, Sustarsic, Moore NOES: Council Members: Massa - Lavitt, Varipapa ABSENT: Council Members: None ABSTAIN: Council Members: None 'Sandra Massa - Lavitt, Mayor A S: Robin L. Roberts, City Clerk 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 6768 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 11th day of September , 2017. Robin L. Roberts, City Clerk Page 3 of 3