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HomeMy WebLinkAboutPC Res 17-22 - 2017-10-02RESOLUTION NO. 17-22 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 17-11 PERMITTING THE OPERATION OF A 24- HOUR 5,700 SQUARE FOOT HEALTH CLUB WITHIN AN EXISTING SHOPPING CENTER IN THE GENEARL COMMERCIAL (GC) ZONED AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Anytime Fitness, in care of Scott Levitt ("the applicant") on behalf of BGN Investments, LTD submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP 17-11) to permit the 24-hour operation of a 5,700 square foot health club within an existing commercial shopping center, at 2920 Westminster Avenue (the "subject property"), which is located in the General Commercial (GC) Zone. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 at seq.) for the permitting of the operation of a fitness center with little or no expansion of the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on October 2, 2017 to consider the application for MUP 17-11. 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 within the Beach Plaza, a mufti -tenant shopping center located on the south side of Westminster Avenue. The shopping center consists of three (3) buildings totaling approximately 20,000 square feet of mixed retail, service, and restaurant uses on a 108,122 square -foot parcel, and the subject site is a 5,700 square -foot tenant space. The subject site is surrounded by residential and commercial uses to the north across Westminster Avenue, the Naval Weapons Station to the south across Seal Beach Boulevard and commercial to the east and west. B. The proposal includes a proposal to operate a 24-hour 5,700 square -foot health club. The health club has been in operation for over 5 years at its present location. 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: 1 of 4 Resolution No. 17-22 2920 WestminsterAmnue A. The operation of a health club is consistent with the General Plan. The General Plan species that the Service Commercial Land Uses definition encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the health club to the shopping center, the center can expand its services and attract a wider range of residents. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The Zoning Code allows the establishment of a small scale commercial recreation use (health club) with approval of a Minor Use Permit. The health club would be in compliance with all other applicable provisions of the Municipal Code; C. The subject site is physically adequate for the proposed use. The site contains adequate parking for the health club as it is the same ratio of 1 (one) parking space per 300 square feet. D. The location, size, design, and operating characteristics of the proposed health club would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed health club complies with the height, setback and parking requirements of the General Commercial zoning area and conditions have been imposed to ensure the proper operation of the business. The health club is proposing to be open 24 hours a day with staff onsite Monday -Thursday from 9:00 A.M. to 6:00 P.M., and Friday and Saturday from 10:00 A.M. to 2:00 P.M. When the membership staff is not present, the entrance is automatically locked and the security system is armed. Members gain entry after-hours via electronic key fob. If members attempt to bring in with them a non-member, a tailgate sensor alerts the owners that an individual has entered without a membership key fob. The location has a proprietary security system provided by Provision Security, which is a sister company to Anytime Fitness, and has 20 interior cameras that monitor and record 24/7, as well as personal security devices around the facility which members can utilize to contact EMS in the event of an emergency. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. This MUP for the proposed use includes sufficient conditions to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The use of the property will be consistent with the surrounding uses in the area. Section 5. Based upon the foregoing, the Planning Commission hereby approves MUP 17-11 for the permitting of the operation of a 24-hour 5,700 square -foot health club within an existing commercial shopping center, at 2920 Westminster Avenue, subject to the following conditions. Minor Use Permit 17-11 is approved to permit the operation of a 24-hour 5,700 square -foot health club at 2920 Westminster Avenue. 2of4 Resolution No. 17-22 2920 WestminsterAvenue 2. The premises of the health club must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department dated August 25, 2017. 3. The health club may be open 24 hours a day, and shall have staff onsite during the following minimum hours: Monday through Thursday from 9:00 A.M. to 6:00 P.M., and Friday and Saturday from 10:00 A.M. to 2:00 P.M. The health club shall maintain a security system with interior cameras that monitor and record 24/7, as well as personal security devices around the facility which members can utilize to contact EMS in the event of an emergency. When the membership staff is not present, at all times the entrance shall be automatically locked and the security system shall be armed. Members shall only gain entry during non -staff hours via electronic key fob. 4. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 5. There shall be no live entertainment, amplified or unamplified music, or dancing permitted on the premises at any time unless all requirements of Seal Beach Municipal Code Section 11.4.05.010.13 or any successor ordinance have been met. 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 applicanUbusiness operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 7. Any proposed alterations or upgrades to the business, use or building will require review and approval from the City of Seal Beach Planning Division. 8. The Planning Commission reserves the right to revoke or modify this MUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 9. Failure to comply with any of these conditions or a substantial change in the mode or character of the business shall be grounds for revoking or modifying this MUP approval. 10. This MUP shall not become effective for any purpose unless/until the applicant returns a signed and notarized City "Acceptance of Conditions" form to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 11. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 12. 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. 13. This MUP 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 3of4 Resolution No. 17-22 2920 Westminster Avenue the Community Development Department at least ninety days prior to such expiration date. 14. 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 Minor Use Permit, and from any and all claims and losses occurring or resulting to any 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 2, 2017, by the following vote: AYES: Commissioners Machen Thomas, Campbell, Klinger NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Aquilar ATTEST: Cry9tal La o lanning Commis ecretary 4 of 4 Deb Machen Chairperson