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HomeMy WebLinkAboutPC Res 17-26 - 2017-11-06RESOLUTION NO. 17-26 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 17-4 TO PERMIT A SHARED PARKING AGREEMENT FOR THE REMODEL OF AN EXISTING MULTI -TENANT COMMERCIAL BUILDING AND EXPANSION OF A NAIL SALON AT 311 MAIN STREET IN THE MAIN STREET SPECIFIC PLAN (MSSP) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Scott Levitt ("applicant') filed an application on behalf of Karahalios Family Trust and Michael Karahalios (collectively "owner") for Conditional Use Permit 17-4 to permit a shared parking agreement for the remodel of an existing multi -tenant commercial building and expansion of a nail salon in the Main Street Specific Plan (MSSP) zoning area located at 311 Main Street. ("the subject property"). A shared parking agreement is permitted on the subject property subject to approval of a CUP. Section 2. A duly noticed public hearing to consider the application for CUP 17-4 was held before the Planning Commission on November 6, 2017. 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 property is located on the west side of Main Street between Electric and Pacific Coast Highway, in the Main Street Specific Plan (MSSP) Zoning Area. The property is surrounded to the west by residential uses in the Residential High Density (RHD -20) zoned area; to the north and east is commercial uses in the Main Street Specific Plan (MSSP) zoned area; and to the south is a parking lot and green belt in the Open Space Parks & Recreation (OS -PR) zoned area. B. There is an existing commercial center on the subject property where various commercial businesses currently operate. C. The applicant proposes to permit a shared parking agreement for a nail salon business with up to 12 total salon stations at an existing nail salon. D. A parking analysis was prepared by KOA Consulting dated October 2017 and has been attached to this resolution as Exhibit A. E. City staff has determined that 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 a shared parking agreement for a nail salon within a commercial shopping center which has negligible or no expansion beyond the existing use. Section 3. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.4.20.020 -1 of 5- and 11.5.20.020 of the City of Seal Beach Municipal Code, the Planning Commission hereby finds as follows: A. The proposed use is consistent with the General Plan because the additional salon operators encourage growth in the commercial area. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed addition of operator stations, reconfiguration of the commercial building's floor plan and shared parking analysis show the center will grow in a logical manner that will be compatible with the existing commercial center. As conditioned, the proposed shared parking agreement will allow for expanded services of an existing facility, which has proven to be compatible with the surrounding uses, while providing sufficient parking for all uses. B. The proposed use is allowed within the Main Street Specific Plan (MSSP) zoning area subject to approval of a Conditional Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as a Commercial - Service and the Zoning Map designates the area as Main Street Speck Plan (MSSP). Pursuant to the Seal Beach Municipal Code a shared parking agreement is permitted in the MSSP zone with approval of a Conditional Use Permit. C. The site is physically adequate for the type, density, and intensity of the use being proposed. A parking analysis concluded that the project site can accommodate the anticipated parking demand for the addition of the existing salon and reconfigured floor plan. The proposed Parking Agreement with the conditions listed will allow the accommodation of the additional salon stations along with future occupancy at vacant tenant spaces. The additional stations will not require any expansion of the existing square footage of the existing buildings. The subject site is developed with an existing multi -tenant commercial center. No major alterations are required on the site. D. The location, size, design, and operating characteristics of the proposed use are compatible with, and will not adversely affect, uses and properties in the surrounding neighborhood. The parking analysis shows that the peak demand for each zone within the center does not coincide or adversely impact other zones. The commercial center and nail salon are already operating with no adverse effects and it is anticipated with the Parking Agreement and conditions that the additional operators within the salon will not have any adverse effects on the center or surrounding uses. E. The establishment, maintenance, and operation of the proposed use at the subject site will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. The Parking Covenant and conditions included in this resolution will require the center to maintain similar uses as are currently operating in the center. The continued operation of existing uses will ensure an adequate amount of parking remains available for all the users on site so that it does not impact the surrounding uses and area. F. The peak parking demand hours for all uses do not coincide so that peak demand will not be greater than the parking provided. The Parking Analysis prepared by KOA Corporation, dated October 2017, illustrates that the peak parking -2 of 5- demand occurs on Fridays from 12pm to fpm. The report states that 30 of the 35 parking spaces, or 86 percent of the parking lot, are occupied at the busiest time of the week. The requirement for an additional demand of five (5) parking spaces will increase the commercial center parking demand to 35 spaces, which is provided on the subject site. G. The adequacy of the quality and efficiency of parking provided will equal or exceed the level that can be expected if parking of each use was provided separately. The parking analysis evaluated the center by establishing zones and identifying the parking demand for each zone. The field survey showed that the peak parking demand time of the week for the entire center was on Friday at 12:15 pm. The study also showed that the parking zones was diversely utilized and typically had over the required amount of parking stalls required to meet the city's requirement for the additional operator stations Section 4. Based upon the foregoing, the Planning Commission hereby approves CUP 17-4 to permit a shared parking agreement, subject to the following conditions. 1. Conditional Use Permit 17-4 is approved to permit a shared parking agreement for the remodel of an existing multi -tenant commercial building and expansion of an existing nail salon contained therein, in the Main Street Specific Plan (MSSP) zoning area located at 311 Main Street. 2. The multi -tenant commercial building including nail salon must substantially conform to the plans submitted on October 12, 2017 and on file with the Community Development Department. 3. Any proposed alterations or upgrades to the salon beyond those shown on the approved plans dated October 12, 2017, shall require review and approval from the City of Seal Beach Planning Division. 4. The vacant square footages of the multi -tenant commercial building shall not exceed the land use square footage thresholds as further described in the Parking Demand Analysis dated October 2017 by KOA Consulting (Exhibit A) and provided below: a. 852 square feet of retail space, that will require two (2) parking spaces; b. 1,553 square feet of Office Use (no customer service), that will require three (3) parking spaces; and 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 -3 of 5- schedule this permit for reconsideration and may require the applicantibusiness operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 8. Any proposed alterations or upgrades to the nail salon, the Parking Covenant, and/or the use of the vacant square footages as outlined above, will require review and approval from the City of Seal Beach Planning Division. 9. A modification of this approval 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. 10. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 11. Failure to comply with any of these conditions or a substantial change in the mode or character of the establishment shall be grounds for revoking or modifying this CUP approval. 12. The Planning commission reserves the right to revoke or modify this approval if any violation of the approved conditions occurs, any violation of the Seal Beach Municipal Code occurs. 13. The Planning Commission reserves the right to revoke or modify this approval if harm or operational problems such as criminal or anti -social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, vandalism, solicitation and/or litter. 14. Approval of this CUP 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. 15. This CUP 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. 16. 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 Conditional 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 -4 of 5- any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 17. 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. 18. This CUP 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. In addition, this CUP shall also not become effective for any purpose until execution and recordation of a shared parking agreement in a form satisfactory to the City. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 6, 2017, by the following vote: AYES: Commissioners Thomas, Klinger, Campbell, Aguilar, Grgas NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None ATTEST: sta avazo tanning Corr' Sion Secretary -5 of 5- Chairperson