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Home My WebLink AboutPC Res 19-04 - 2019-05-20 RESOLUTION NO. 19-4 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 19-1 TO ALLOW THE OPERATION OF A 1,700 SQUARE FEET DENTAL OFFICE LOCATED AT 2311 SEAL BEACH BOULEVARD # 102 IN PLANNING AREA 4 OF THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN (GC-SPR) ZONE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Andrew Kim, DDS submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 19-1 for the permitting of the operation of a 1,700 square feet dental office at an existing commercial shopping center at 2311 Seal Beach Boulevard #102 (the "subject property"), which is located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR) Zone. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the operation of a dental office use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. Section 3. A duly noticed public hearing was held before the Planning Commission on May 20, 2019 to consider the application for CUP 19-1. 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 within an existing commercial center located on the south side of Westminster Avenue and the north side of Seal Beach Boulevard. The site consists of 4 parcels totaling approximately 198,733 square-feet (4.56 acres) with over 19,000 square feet of mixed retail and restaurant uses and a 110-room hotel. The subject property has a 1,700 square foot tenant space adjacent to a coffee shop with a drive through. The subject site is surrounded to the south across Seal Beach Boulevard by the Navy base, to the north across Westminster Avenue by residential uses in Leisure World, to the east by Boeing, and to the west by commercial uses. The subject property is located in the Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR) zone. B. The proposed use requires the approval of a Conditional Use Permit to allow the operation of a medical use within Planning Area 4 of the Boeing 1 of 4 Integrated Defense Systems Specific Plan and dental uses are defined in the Municipal Code as medical uses. The proposal also includes interior improvements that will establish the branding decor of the dental office. 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: A. The proposed use is consistent with the General Plan because the addition of the dental office encourages 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 a dental office provides additional services that are consistent with the existing land uses. As conditioned, the proposed use 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 Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR) zone 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 Light - Industrial and the Zoning Map designates the area as Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR). C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking and circulation for the proposed dental office and interior alterations. D. The location, size, design, and operating characteristics of the proposed use would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed dental use compliments the existing restaurant and office uses and complies with the height, setback and parking requirements of the General Commercial — Specific Plan zoning area, and will not disrupt the existing character of the shopping center. The hours of operation shall be Monday by appointment only, Tuesday through Friday 9 A.M. to 6 P.M., Saturday 8 A.M. to 2 P.M., and closed on Sunday. E. The establishment, maintenance, and operation of the proposed exterior alterations and use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed interior alterations will require a minimal period of construction to construct the branding decor 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 area. 2 of 4 Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 19-1 for the operation of a dental office at an existing commercial suite within an existing commercial shopping center, at 2311 Seal Beach Boulevard #102, subject to the following conditions. 1. Conditional Use Permit 19-1 is approved for the operation of a dental office at an existing commercial suite within an existing commercial shopping center, at 2311 Seal Beach Boulevard #102. 2. The hours of operation shall be Monday by appointment only, Tuesday through Friday 9 A.M. to 6 P.M., Saturday 8 A.M. to 2 P.M. and closed on Sunday. 3. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 4. There shall be no disposal of glass bottles or other trash outside the establishment between the hours of 10:00 P.M. and 7:00 A.M.; and all trash shall be disposed of in closed waste disposal bins. 5. 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. 6. The Planning Commission reserves the right to revoke or modify this CUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. 7. 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. 8. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 9. 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. 10. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 11. 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. 12. 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. 3 of 4 13. 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 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 May 20, 2019, by the following vote: AYES: Commissionerse4rniVe At,LI/L►i1Z1 1740•114.5, /:1-/&v462,,14 '(_1,e/z NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Carrpeil ATTEST: Chairperson Steve Fowler Planning Commission Secretary 4 of 4