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HomeMy WebLinkAboutPC Res 19-10 - 2019-07-15 RESOLUTION NO. 19-10 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 18-10 TO ALLOW THE OPERATION OF A MATH TUTORING BUSINESS WITHIN AN EXISTING COMMERCIAL SUITE LOCATED AT 1198 PACIFIC COAST HIGHWAY SUITE E WITHIN THE GENERAL COMMERCIAL (GC) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Michael Tomac (the "applicant") submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 18-10 to allow the operation of a math tutoring business within an existing commercial suite located at 1198 Pacific Coast Highway Suite E (the "subject property"), which is located in the General Commercial (GC) 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 the operation of a tutoring service at an existing commercial suite, involving minor tenant improvements for branding the decor. Section 3. A duly noticed public hearing was held before the Planning Commission on July 15, 2019 to consider the application for CUP 18-10. 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 southwest corner of Pacific Coast Highway and 12th Street. The subject site consists of two parcels totaling 22,832 square-feet with a pair of one-story buildings and the applicant will be occupying a unit totaling 1,030 square feet. The subject site is surrounded by commercial uses to the north, east and west while there is a park to the south. The subject property is located in the General Commercial (GC) zoning area. B. The proposed math tutoring center will only need minor interior 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: Page 1 of 5 Resolution No. 19-10 1198 Pacific Coast Highway Unit E A. The proposed establishment of a math tutoring center in the existing commercial suite 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 use of the subject site as a tutoring center, the business can offer services that are currently not available in the surrounding area. B. The proposed use complies with applicable provisions of the Municipal Code. The Municipal Code allows for the operation of public or private schools and similar institutional uses on properties in the in the General Commercial zoning area with approval of a Conditional Use Permit. The proposed tutoring center is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed use. The tutoring center 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. The Seal Beach Municipal Code does not have a parking ratio for tutoring centers. According the Seal Beach Municipal Code (SBMC §11.4.20.015.E) the director has the discretion to make a determination on the parking ratio from similar land uses and any other relevant studies and data. A parking demand analysis was performed by Crain & Associates dated May 31, 2019 to determine the parking requirement for the tutoring use. The Parking Analysis evaluated the highest peak demand for the existing users in the commercial shopping center. Crain & Associates conducted a field survey to evaluate existing conditions and the number of parking spaces required to support the current uses, and the proposed operator. A similar type use and size of establishment was analyzed in Redondo Beach. During the analysis a 1,390 square feet establishment was utilized, and the field survey parking count was conducted for two days when this establishment would be open and anticipated to be the busiest days of the week. The highest demand for parking was determined to be on Thursday at 3:00 PM, where 11 parking spaces were utilized. The establishment that was used is 1,390 square feet and 11 parking spaces were taken at the peak time so the parking ratio would be one space for every 126 square feet of floor area. With the parking spaces used during the peak time a parking ratio of one parking space per 100 square feet of gross floor area will be utilized, and this standard will require the tutoring center to provide 11 parking spaces. D. The location, size, design, and operating characteristics of the proposed tutoring center 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 General Commercial zoning area and conditions have been imposed to ensure the proper operation of the business. The proposed hours of operation for the tutoring center will be 3:00 PM to 7:00 PM Monday through Thursday and 12 Noon to 4:00 PM on Sunday. E. The establishment, maintenance, and operation of the proposed tutoring center would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed business will not require modifications Page 2 of 5 Resolution No. 19-10 1198 Pacific Coast Highway Unit E 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 General Commercial area which consists of a mix of retail and restaurant uses. F. All buildings, structures, and landscaping will be developed in a manner compatible with the desired character of the surrounding neighborhood. The existing commercial shopping center is adequately landscaped and is developed similar to centers in the surrounding area. G. The exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding land uses and in compliance with Chapter 11.4.30: Landscaping and Buffer Yards. The center is existing and all landscaping meets current requirements. H. All exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects and in compliance with Section 11.4.10.020.A: Lighting. (Ord. 1598). All lighting is existing and meets current zoning requirements. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 18-10 to allow the operation of a math tutoring business within an existing commercial suite located at 1198 Pacific Coast Highway Suite E, subject to the following conditions. 1. Conditional Use Permit 18-10 is approved to allow the operation of a math tutoring business within an existing commercial suite located at 1198 Pacific Coast Highway Suite E. 2. The premises of the math tutoring center must be in substantial compliance with the plan submitted with CUP 18-10 application and maintained on file with the Community Development Department. 3. The hours of operation shall be 3:00 PM to 7:00 PM Monday through Thursday and 12 Noon to 4:00 PM on Sunday. 4. Students shall be supervised until picked up to reduce loitering in the center. 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. Page 3 of 5 Resolution No. 19-10 1198 Pacific Coast Highway Unit E 8. Any proposed alterations or upgrades to the math tutoring center will require review and approval from the City of Seal Beach Planning Division. 9. A modification of this CUP 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 Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs. 11. 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. 12. Failure to comply with any of these conditions or a substantial change in the mode or character of the math tutoring center shall be grounds for revoking or modifying this CUP approval. 13. 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. 14. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 15. 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. 16. 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. 17. 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 Page 4 of 5 Resolution No. 19-10 1198 Pacific Coast Highway Unit E 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 July 15, 2019, by the following vote: AYES: Commissioners ,a li' 3au, 77lon/A5,fri Icc.e,� JCLiu41L,A-4af Z NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patrici Camp II ATTEST: Chairperson Steve Fowler Planning Commission Secretary Page 5 of 5