The URL can be used to link to this page

Home My WebLink AboutPC Res 22-08- 2022-05-02 RESOLUTION NO. 22-8 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT 22-1 TO ALLOW THE OPERATION OF A BUSINESS OFFICE (REAL ESTATE OFFICE) WITHIN A 625 SQUARE FEET VACANT TENANT SPACE ON THE GROUND FLOOR OF MAIN STREET AT 128 MAIN STREET IN PLANNING AREA 1 OF THE MAIN STREET SPECIFIC PLAN (MSSP) ZONE. WHEREAS, on January 19, 2022, Debra Gietter applied to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 22-1 to allow the operation of a 625 square foot real estate office within an existing vacant tenant space at 128 Main Street (the "subject property"), which is in Planning Area 1 of the Main Street Specific Plan (MSSP) Zone; and WHEREAS, the proposed 625 square foot real estate office will provide a retail component within the front half of the tenant space, including the window display areas that are visible from Main Street; and WHEREAS, the Planning Commission conducted a public hearing on March 21, 2022 and voted (4-1) to grant Conditional Use Permit (CUP) 22-1; and WHEREAS, Planning Commission's action was deemed null and void because the required public hearing notice did not get published in the Sun Newspapers; and WHEREAS, on July 8, 1996, the City of Seal Beach adopted an updated Main Street Specific Plan which provides implementing actions for the preservation and enhancement of downtown Seal Beach; and. WHEREAS, the Specific Plan's vision is to maintain a pedestrian oriented environment along Main Street; and. WHEREAS, the Specific Plan allows the establishment of business offices on the ground floor along Main Street subject to a conditional use permit provided an office use is consistent with the intent and purpose of the Specific Plan, a balanced of uses are maintained and the pedestrian oriented environment is not compromised; and WHEREAS, the proposed 625 square foot real estate office will provide a retail component within the front half of the tenant space, including the window display areas that are visible from Main Street. WHEREAS, under Section 28-1251 , Section E of the Main Street Specific Plan, the City may approve a CUP only if the City can make all of the following findings: 1 of 5 A. The proposed use is consistent with the intent and purpose and Vision established for the Main Street Specific Plan; B. The proposed use does not conflict with the Specific Plan's goal to establish a balanced mix of uses that serve the needs of both local and non-local populations. C. The use will contribute to the unique character of Main Street and the qualities that provide the Main Street a sense of identity. D. The proposed use complies with all applicable City Council policies, such as the policies the Council has adopted concerning alcohol serving uses; and WHEREAS, under Title 11 of the Zoning Code, the City may approve a CUP only if the City can make certain findings that the use will be compatible with surrounding uses. Seal Beach Municipal Code (SBMC) Section 11.5.20.020(A) provides that a CUP only can be granted if the reviewing body finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria: A. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code; C. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; D. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and E. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Debra Gietter applied to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 22-1 to allow the operation of a 625 square foot real estate office within an existing vacant tenant space at 128 Main Street (the "subject property"), which is in Planning Area 1 of the Main Street Specific Plan (MSSP) Zone. 2 of 5 Section 2. This project is determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of CEQA Guidelines, Class 1 (Existing Facility) involving interior alterations of an existing structure. Section 3. A duly noticed public hearing was held before the Planning Commission on May 2, 2022, to consider the application for CUP 22-1 . 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 tenant space is within an existing building located on the east side of Main Street. The parcel consists of two tenant spaces and a residential unit towards the rear of the subject lot which is approximately 2,935 square feet in area. The proposed use is to be in a 625 square foot vacant tenant space on the ground floor at 128 Main Street. The subject site is surrounded to the north, south, and west by retail uses and a multi-family residential use to the east. B. The proposed use requires the approval of a Conditional Use Permit to allow a business office on the ground floor of Main Street in accordance with the Main Street Specific Plan and Title 11 of the Seal Beach Municipal Code. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Section 28-1251(E)(1) of the Main Street Specific Plan, and Chapter 11.5.20 of the Zoning Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed use is inconsistent with the intent and purpose and Vision established for the Main Street Specific Plan (MSSP), and with the General Plan. The objective of the standard is to stress that ground floor Main Street is intended for predominantly pedestrian-oriented activities and commercial sales. Although the Main Street Specific Plan encourages a mix of land uses, including offices, restaurants, and retail stores to serve local residents and visitors, the MSSP provides that its commercial uses are key to the area's special character. The proposed real estate office is not a type of use that serves local, and visitor needs. The proposed real estate office on the ground floor along Main Street is not conducive to drawing residents and visitors to surrounding retail and restaurant uses. Furthermore, Main Street is recognized for its distinctive mixture of retail and service oriented commercial uses. The proposed use would negatively impact the charm of the area by undermining the pedestrian friendly environment along Main Street. B. The proposed use conflicts with the Specific Plan's goal to establish and maintain a balanced mix of uses that serve the needs of both local and non-local populations. As stated above, the predominate uses on the ground floor are retail, eating and drinking establishments and personal improvement service uses. With this real estate office use, the balance of uses that serve the needs of both local and non-local populations will not be maintained. 3 of 5 C. The location, size, design, and operating characteristics of the proposed use would not be compatible with, and will adversely affect, uses and properties in the surrounding neighborhood as discussed in Finding A and B above. D. The establishment, maintenance, or operation of the proposed use at the location proposed, will be detrimental to the welfare of persons residing or working in the vicinity of the proposed use because the proposed real estate office use will not contribute to the unique character of Main Street or the qualities that provide the Main Street sense of identity. Main Street is widely renowned for its distinctive mix of retail and service-oriented commercial uses. The proposed use would detrimentally impact the charm of the area by undermining the pedestrian friendly environment of first-floor commercial and service-oriented businesses. Section 5. Based upon the foregoing, the Planning Commission hereby denies CUP 22-1 for the establishment and operation of a business office within the vacant 626 square foot tenant space at 128 Main Street. Section 6. SBMC Sections 11.5.20.030(A)2 and 1.20.005(C) govern the time within which this decision of the Planning Commission may be appealed to the City Council. 4 of 5 PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on May 2, 2022, by the following vote: AYES: Commissioners MILLER, THOMAS, CAMPBELL, MASSETTI NOES: Commissioners KLINGER ABSENT: Commissioners ABSTAIN: Commissioners diOr Steve Miller Chairperson ATTEST: /V A exa Smittle Planning Commission Secretary 5 of 5 ev-