HomeMy WebLinkAboutPC Res 21-05 - 2021-04-19RESOLUTION NO. 21-5
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE
PERMIT 21-1 TO ALLOW THE OPERATION OF A
3,000 SQUARE FEET MEDICAL OFFICE LOCATED
AT 2365 SEAL BEACH BOULEVARD # 101-102 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. Scott Levitt, submitted an application to the City of Seal Beach
Department of Community Development for Conditional Use Permit (CUP) 21-1 for the
permitting of the operation of a 3,000 square feet medical office at an existing commercial
shopping center at 2365 Seal Beach Boulevard #101-102 (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 medical 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 April 19, 2021 to consider the application for CUP 21-1. 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 3,000 square foot vacant tenant space. 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 Integrated
Defense Systems Specific Plan and medical uses are defined in the Municipal Code as
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medical uses. The proposal also includes interior improvements that will establish the
branding decor of the medical 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 medical 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 medical 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 medical 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 medical 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 through Friday, 8:00 A.M. to 8:00 P.M.; Saturday 8:00 A.M. to 2:00 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.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves CUP 21-1 for the operation of a medical office at an existing commercial suite
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within an existing commercial shopping center, at 2365 Seal Beach Boulevard #101-102,
subject to the following conditions.
1. Conditional Use Permit 21-1 is approved for the operation of a medical office at an
existing commercial suite within an existing commercial shopping center, at 2365
Seal Beach Boulevard #101-102.
2. The hours of operation shall be Monday by appointment only, Monday through
Friday 8 A.M. to 8 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 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.
6. 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.
7. Failure to comply with, anyRof these conditions or a substantial change in the mode
or character of1he residenceshafil.be grounds for revoking or modifying this CUP
approval.
8. 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.
9. The applicant is required to obtain all required Building and Safety permits prior to
tenant improvements, construction or demolition.
10. 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.
11. 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.
12. 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
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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 April 19, 2021, by the following vote:
AYES: Commissioners KLINGER, MILLER, THOMAS, WINKLER, CAMPBELL
r
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Pla`rfning Commission Secretary
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