HomeMy WebLinkAboutPC Res 18-02 - 2018-02-20RESOLUTION NO. 18-2
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING MINOR USE PERMIT
18-1 TO ALLOW THE OPERATION OF AN
ACCESSORY PET GROOMING USE IN
CONJUNCTION WITH A RETAIL USE ON THE
FIRST FLOOR OF A TWO-STORY COMMERCIAL
CENTER LOCATED IN THE MAIN STREET
SPECIFIC PLAN AREA AT 350 MAIN STREET UNIT
C
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. Dale Austin submitted an application to the City of Seal Beach
Department of Community Development for Minor Use Permit (MUP) 18-1 to allow the
operation of an accessory pet grooming use in conjunction with a retail use on the first
floor of a two-story commercial center known as Main & PCH Plaza, at 350 Main Street
Unit C (the "subject property"), which is located in the Main Street Speck 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 for the conversion of a vacant tenant space to a retail use
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 February 20, 2018 to consider the application for MUP 18-1. 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 on the south east of Main Street and Pack
Coast Highway. The subject site consists of two parcels totaling 17,537 square -feet
(0.40 acre) with a pair of two-story buildings under construction totaling 15,000 square
feet and a the applicant will be occupying a first floor unit totaling 1,100 square feet.
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. The subject property is
located in the Main Street Speck Plan (MSSP) area.
B. The proposed retail use with ancillary pet grooming will only require
minor tenant improvements to establish the branding decor of the business
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:
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Resolution Aro. is -2
350 Mein Sheet Un@ C
A. The proposed retail use with ancillary pet grooming is consistent
with the General Plan. The General Plan specifies that the Service Commercial Land
Uses designation encourages commercial areas to provide a broad range of retail and
service needs for the community. With the proposed use of the subject site as a retail
and pet grooming establishment these uses can offer its customers a wider range of
services.
B. The proposed use complies with applicable provisions of the
Municipal Code and the Main Street Specific Plan. The Municipal Code and the Main
Street Speck Plan allows for the retail uses with ancillary uses such as pet grooming
with approval of a Minor Use Permit. The proposed retail and pet grooming service is in
compliance with all other applicable provisions of the Municipal Code.
C. The subject site is physically adequate for the proposed use. The
retail store with ancillary pet grooming does not require alterations to the exterior of the
building and no additional parking is required. The subject site is considered in
compliance with all parking requirements because it will have the benefit of and be
subject to the approved shared parking agreement approved by Resolution 16-22 for
Conditional Use Permit (CUP) 16-6 for the Main & PCH Plaza.
D. The location, size, design, and operating characteristics of the
proposed retail store with ancillary pet grooming services would be compatible with the
surrounding uses and will not adversely affect those uses or properties in the
surrounding areas. The existing building complies with the height, setback and parking
requirements of the Main Street Specific Plan zoning area and conditions have been
imposed to ensure the use will not be detrimental to the surrounding area. The
proposed retail use will not exceed the square -footage limits for retail uses, of 2,916 sq.
ft., in the Main & PCH Plaza, as required by Condition No. 2 of Resolution No. 16-22.
E. The establishment, maintenance, and operation of the proposed
retail store with ancillary pet grooming services would not be detrimental to the health,
safety, or welfare of persons residing or working in the vicinity. The proposed use will
not require modifications to the site and sufficient conditions have been imposed 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 property will be consistent with the surrounding uses in the Main Street area
which consists of a mix of retail and restaurant uses.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves MUP 18-1 to allow the operation of an ancillary pet grooming use in
conjunction with a retail use of approximately 1,100 square feet, on the first floor unit of
a commercial building located within the Main Street Specific Plan area at 350 Main
Street Unit C, subject to the following conditions.
1. Minor Use Permit 18-1 is approved to allow the operation of an accessory pet
grooming use in conjunction with a retail use of approximately 1,100 square feet,
on the first floor unit of a commercial building located within the Main Street
Specific Plan area at 350 Main Street Unit C.
2. The premises of the retail store with ancillary pet grooming services must be in
substantial compliance with the plan submitted with the application and
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Resolution No. to -2
350 Main Sheet Unit C
maintained on file with the Community Development Department date stamped
January 18, 2018.
3. All pet grooming services and any activities associated with the grooming
services shall be conducted within the 1,100 square feet unit.
4. No overnight boarding or kenneling.
5. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
6. 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.
7. 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.
8. Any proposed alterations or upgrades to the pet grooming services will require
review and approval from the City of Seal Beach Planning Division.
9. This MUP shall be subject to and comply with the conditions of Resolution No.
16-22 and the recorded shared parking covenant applicable to all uses in the
Main & PCH Plaza.
10. A modification of this MUP 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.
11. The Planning Commission reserves the right to revoke or modify this MUP if any
violation of the approved conditions occurs, any violation of the Code of the City
of Seal Beach occurs.
12. 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.
13. Failure to comply with any of these conditions or a substantial change in the
mode or character of the pet grooming service shall be grounds for revoking or
modifying this MUP approval.
14. This MUP 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.
15. The applicant is required to obtain all required Building and Safety permits prior
to tenant improvements, construction or demolition.
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Resolution Ab. is -2
350 Mein Street Unit C
16. 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.
17. 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
the Community Development Department at least ninety days prior to such
expiration date.
18. 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 February 20, 2018, by the following vote:
AYES: Commissioners Campbell, Grgas, Klinger, Thomas Aguilar
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
ATTEST: Chairperson
Crysta al zo
nning Commission Secretary
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