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Home My WebLink AboutPC Res 18-22 - 2018-12-17RESOLUTION NO. 18 -22 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 18 -11 PERMITTING THE OPERATION OF A FITNESS STUDIO LOCATED IN THE SERVICE COMMERCIAL (SC) ZONING AREA AT 408 MARINA DRIVE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Julie Beck ( "the applicant') submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 18 -11 to permit the operation of a fitness studio within an existing commercial building, at 408 Marina Drive (the "subject property'), which is designated Service Commercial in the Land Use Element of the General Plan and is located in the Service Commercial (SC) Zone. Section 2. This project is determined to be a Class 3 (Conversion of small structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a fitness studio in a commercial suite, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on December 17, 2018 to consider the application for MUP 18 -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 a multi- tenant commercial building located at the south west corner of Marina Drive and 5th street. The commercial site is one parcel totaling 10,498 square -feet with approximately 4,366 square feet of mixed retail and service uses, and the subject suite is a 551 square foot tenant space. The subject site is surrounded by residential uses to the south, west and the north across Marina Drive, and commercial uses to the west across 5`h Street. The subject property is located in the Service Commercial (SC) zone. B. The proposal includes a proposal to operate a fitness studio. Proposed improvements are minimal, and only include interior improvements to paint interior walls and create an open area for the fitness use. 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: irft! Resolution No. 18 -22 408 Manna Drive A. The proposed interior alterations and operation of a fitness studio are consistent with the General Plan. The General Plan specifies 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 fitness studio to the commercial building, the site 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 (fitness studio) with approval of a Minor Use Permit. The fitness studio is in compliance with all other applicable provisions of the Municipal Code; C. The subject site is physically adequate for the proposed interior alterations and use. The remodel of the interior to establish the branding decor is consistent with other establishments in the center and the site contains adequate parking for the fitness studio as it is the same ratio of 1 (one) parking space per 300 sq. ft. that was applied to the previous retail use. D. The location, size, design, and operating characteristics of the proposed interior alterations would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed studio complies with the height and setback requirements of the Service Commercial zoning area and conditions have been imposed to ensure the proper operation of the business. The site has a rear parking lot and meets the parking requirement for the 4,366 square foot commercial building. The proposed use of a fitness studio is one of the least impactful uses allowed in this zone at a ratio of 1 parking space for every 300 square feet, the same ratio as a retail use. The proposed use is required to have 2 parking spaces and the site contains 8 parking spaces. The proposed hours of operation for the fitness studio are 5:00 a.m. to 9:00 p.m. Monday through Friday, 7:00 a.m. to 3:00 p.m. on Saturday and 8:00 a.m. to 3:00 p.m. on Sunday. 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 18 -11 for the permitting of the operation of a fitness studio within an existing commercial building, at 408 Marina Drive, subject to the following conditions. 1. Minor Use Permit 18 -11 is approved to permit the operation of a fitness studio at 408 Marina Drive. 2. The premises of the fitness studio must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department dated October 10, 2018. 2 of 4 Resolution No. 18 -22 408 Manna Drive 3. The studio hours of operation will be from 5:00 a.m. to 9:00 p.m. Monday through Friday, 7:00 a.m. to 3:00 p.m. on Saturday and 8:00 a.m. to 3:00 p.m. on Sunday. 4. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 5. All business must be conducted within the building. 6. A maximum of 5 individuals allowed per exercise session. 7. 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.D or any successor ordinance have been met. 8. 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. 9. Any proposed alterations or upgrades to the business, use or building will require review and approval from the City of Seal Beach Planning Division. 10. 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. 11. 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. 12. 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. 13. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 14. 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. 15. 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. 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, 3 of 4 Resolution No. 18 -22 408 Manna Drive 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 December 17, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Lan zo lanning Com ' sion Secretary 4 of 4 Michael Thoms Chairperson