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HomeMy WebLinkAboutPC Res 20-12 - 2020-08-17RESOLUTION NO. 20-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 20-5 PERMITTING THE OPERATION OF A YOGA STUDIO LOCATED IN THE GENERAL COMMERCIAL (GC) ZONING AREA 12410 SEAL BEACH BOULEVARD SUITE "F" THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Atul Sharma ("applicant") submitted an application to the City of Seal Beach Community Development Department for Minor Use Permit (MUP) 20-5 to permit the operation of yoga studio within an existing commercial building, at 12410 Seal Beach Boulevard Suite "F" (the "subject property"), which is located in the General Commercial (GC) Zone. Section 2. 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 et seq.) for existing structures, involving negligible or no expansion of use. Section 3. A duly noticed public meeting was held before the Planning Commission on August 17, 2020 to consider Minor Use Permit 20-5. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 20-5 to permit the operation of a yoga/fitness studio within an existing commercial shopping center located at 12410 Seal Beach Boulevard Suite "F", Seal Beach, California. B. The subject property is within the Old Ranch Towne Center located on the east side of Seal Beach Boulevard north of St. Cloud Drive. The site consists of 8 parcels totaling 1,135,252 square -feet (26.06 acres) with approximately 286,967 square feet of mixed retail and restaurant uses in the General Commercial (GC) zone. The subject property is surrounded by residential uses to the north and east, and commercial uses to the west and south. C. The application includes a proposal to operate a yoga/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 Section 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed interior alterations and operation of a yoga studio are consistent with the General Plan. The General Plan specifies that the General Page 1 Resolution 20-12 12410 Seal Beach Blvd Suite `F' 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 yoga 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 (yoga studio) with approval of a Minor Use Permit. The yoga studio is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The site contains adequate parking for the yoga studio as it is the same ratio of 1 (one) parking space per 300 square feet that was applied to the previous retail use. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with 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 use will not be detrimental to the surrounding area. 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 on the foregoing, the Planning Commission hereby approves Minor Use Permit 20-5 for the permitting of the operation of a fitness studio within an existing commercial shopping center, located at 12410 Seal Beach Boulevard Suite "F", in the General Commercial (GC) zoning area, subject to the following conditions: 1. Minor Use Permit 20-5 is approved to permit the operation of a yoga studio at 12410 Seal Beach Boulevard Suite "F". 2. The premises of the yoga studio must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department dated May 28, 2020. 3. The studio hours of operation will be from 5:30 a.m. to 10:00 p.m. Monday through 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. Page 2 Resolution 20-12 12410 Seal Beach Blvd Suite `F' 6. A maximum of 10 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 shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively "the City" hereinafter) 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 Minor Use Permit, Page 3 Resolution 20-12 12410 Seal Beach Blvd Suite `F' 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 August 17, 2020, by the following vote: AYES: Commissioners IZLIA)1, ;L 0IWO,04, -50 In'4LCj2 rtoI/VKLC)2 NOES: Commissioners ABSENT: Commissioners ZAt" F3 ABSTAIN: Commissioners ATTEST: son nning Commission Secretary I I � _eu Maria Klinger Chairperson Page 4