HomeMy WebLinkAboutPC Res 20-11 - 2020-08-17RESOLUTION NO. 20-11
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
20-1 PERMITTING A SHARED PARKING AGREEMENT FOR
VARIOUS USES AT AN EXISTING COMMERCIAL
SHOPPING CENTERIN THE SERVICE COMMERCIAL (SC)
ZONING AREA LOCATED AT 901-1101 PACIFIC COAST
HIGHWAY
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. Jimmy Chung on behalf of Columbia Regency Retail Partners, LLC
("applicant') submitted an application to the City of Seal Beach Department of Community
Development for Conditional Use Permit (CUP) 20-1 to permit a shared parking agreement
for various uses at an existing commercial shopping center at 901-1101 Pacific Coast
Highway (the "subject property"), which is located in the Service Commercial (SC) Zone.
Section 2. Pursuant to the State of California Public Resources Code and State
Guidelines for the California Environmental Quality Act (CEQA), the proposed project is
categorically exempt from environmental review per Section 15060(c)(2) and Section
15061(b)(3) of the State CEQA Guidelines.
Section 3. A duly noticed public hearing was held before the Planning Commission
on August 17, 2020 to consider the application for CUP 20-1. 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:
The subject property is the Seal Beach Center located on the north side of Pacific Coast
Highway north of Balboa Drive. The property is developed with a multi -tenant shopping
center approximately 306,627 square feet in size referred to as the Seal Beach Center in
the Service Commercial (SC) zone. The subject property is surrounded by residential uses
to the north and east with commercial uses to the south and west.
The applicant proposes to permit a shared parking agreement for to allow for various uses
with more intensive parking ratio to occupy current and future vacancies.
A parking analysis was prepared by Linscott, law, & Greenspan, Engineers dated July 28,
2020 and has been attached to this resolution as Exhibit A.
Section 4. Based upon the facts contained in the record, including those stated in
the preceding Section of this Resolution and pursuant to Chapter 11.4.20.020 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
proposed additional retail commercial land service uses encourage growth in the
commercial area of Planning Area 2. The General Plan Land Use Element encourages
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Conditional Use Permit 20-1
901-1101 Pacific Coast Highway
revitalization and reuse within the project area in a logical, systematic manner, compatible
with existing commercial uses. The shared parking analysis shows the center will grow in a
logical manner that will be compatible and consistent 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.
B. The proposed use is allowed within the Service Commercial (SC) District
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 Service
Commercial (SC). Pursuant to the Seal Beach Municipal Code a shared parking agreement
is permitted in the SC 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 associated with the additional retail commercial and
services. The proposed Parking Agreement with the conditions listed will allow the
accommodation of the additional commercial activity. The additional retail and service
activity will not result in expansion of any of the existing buildings. The subject site is
developed with an existing multi -tenant commercial shopping 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 peak parking demand for the
shopping center does not coincide or adversely impact any part of the center or surrounding
uses as 55 parking spaces will remain available for use following all proposed expansions of
or changes to retail and service uses.
E. The establishment, maintenance, and operation of the proposed uses 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 Agreement 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 will not be greater than the parking provided.
The Parking Analysis prepared by Linscott, law, & Greenspan, Engineers dated July 28,
2020 illustrates that the peak parking demand occurs on Fridays from 1 pm to 2pm. The
report states that 287 of the 443 parking spaces, or 65 percent of the parking lot, are
occupied at the busiest time of the week. The proposed uses and increase in intensity of
existing uses result in an additional demand of 99 parking spaces for a parking demand to
388 spaces or approximately 88 percent of the provided parking on site. The parking
analysis evaluated the potential occupancies of existing vacant tenant spaces and found
that the site would accommodate all uses and any turnover with the 55 parking spaces as
surplus.
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 were provide separately. The
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Resolution No. 20-11
Conditional Use Permit 20-1
901-1101 Pacific Coast Highway
parking analysis evaluated the center and identified the parking demand for the center. The
field survey showed that the peak parking demand time of the week for the entire center
was on Friday at 1 pm. The parking at the center currently has 146 available spaces at this
time for customers to utilize. During the remainder of the week the site has 199 spaces
available on Wednesday at 2pm, 189 parking spaces on Saturday at 1 pm, and 261 parking
spaces available on Sunday at 4pm which are all the peak times for these days. This
demonstrates that the increased parking demand should not adversely impact the site.
Section 5. Based upon the foregoing, the Planning Commission hereby approves
CUP 20-1 to permit a shared parking agreement, subject to the following conditions.
1. Conditional Use Permit 20-1 is approved to permit a shared parking
agreement for various uses within an existing commercial shopping center at 901-
1101 Pacific Coast Highway.
2. 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.
3. 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.
4. 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.
5. Additional parking analysis will be required if an increase of restaurant,
salon or medical office uses is proposed in excess of that identified in the Shared Parking
Agreement. Because the parking ratio for these uses require more parking than retail uses,
A parking management plan and/or other mitigation may be required to accommodate a
higher parking intensity The current percentages of the most intense uses are included
below and cannot be exceeded without additional parking analysis:
a. Restaurant — 17.7% or 17,055 square feet
b. Salon Uses — 54 stations
c. Medical — 9.5% or 9,119 square feet
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Resolution No. 20-11
Conditional Use Permit 20-1
901-1101 Pacific Coast Highway
6. 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.
7. 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
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on August 17, 2020, by the following vote:
AYES: Commissioners XLjN4C-rL, vNt�� w„�sKcc2
NOES: Commissioners
ABSENT: Commissioners pr3EZ_4_
ABSTAIN: Commissioners-E�r,,,,� s
46d�riann Klinger
ATTES : Chairperson
aomson
ning Commission Secretary
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