HomeMy WebLinkAboutPC Res 23-07 - 2023-05-15TAE PLARRtAG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
Section 1. Michael Santillan ("applicant") submitted an application to the City of
Seal Beach Community Development Department for Minor Use Permit (UP) 23-07 to
permit the operation of Pilates studio within an existing commercial building, at 12830
Seal Beach Boulevard Suite "B" (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 May 15, 2023, to consider Minor Use Permit 23-07. 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 23-07 to permit the operation of a pilates/fitness studio
within an existing commercial shopping center located at 12830 Seal Beach Boulevard
Suite "B", Seal Beach, California.
B. The subject property is part of 3 -acre shopping center development
located on the east side of Seal Beach Boulevard and south of Lampson Avenue. The
site consists of 2 parcels totaling 190,618 square -feet (4.38 acres) with approximately
20,860 square feet of mixed retail and restaurant uses in the General Commercial (GC)
zone. The subject property is surrounded by commercial uses located to,the north, south
and west and the Old Ranch Golf Course to the east and southeast.
C. The application includes a proposal to operate a Pilates/fitness studio.
Proposed improvements are minimal and include interior improvements such as minor
demolition and build out of new walls and paint to 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 Pilates studio are
consistent with the General Plan. The General Plan specifies that the General
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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 Pilates 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 (Pilates studio) with approval of a Minor Use Permit. The
Pilates 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 Pilates 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 23-07 for the permitting of the operation of a Pilates fitness studio within
an existing commercial shopping center, located at 12830 Seal Beach Boulevard Suite
"B", in the General Commercial (GC) zoning area, subject to the following conditions:
1. Minor Use Permit 23-07 is approved to permit the operation of a Pilates studio at
12830 Seal Beach Boulevard Suite "B".
2. The premises of the Pilates studio must be in substantial compliance with the floor
plan submitted with the application and maintained on file with the Community
Development Department dated March 20, 2023.
3. The studio hours of operation will be from 5:30 a.m. to 8:30 p.m. Monday through
Friday, and from 7:00 a.m. to 4:00 p.m. on Saturday and Sunday.
4. All business must be conducted within the building.
5. A maximum of 12 individuals allowed per exercise session, excluding the
instructor.
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6. The applicant shall provide a minimum of six parking spaces as required by Seal
Beach Municipal Code Section 11.4.20.015. A total of 148 parking spaces are
provided onsite, with 122 parking spaces required based on use, leaving 26
surplus parking spaces.
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.
8 Any proposed alterations or upgrades to the business, use or building will require
review and approval from the City of Seal Beach Planning Division.
9. 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.
10. 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.
11. 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.
12. The applicant is required to obtain all required Building and Safety permits prior to
tenant improvements, construction or demolition.
13. 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.
14.
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.
15. 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, 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
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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 May 15, 2023, by the following vote:
AYES: Commissioners CAMPBELL,, COLES WHEELED, MASSETTI, MINGIONE
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
F-111 a 9;611 a
Alexa tnifttle
Planning Commission Secretary
"Pat4z- z&44-4�
Patty Ca be I
Chairperson
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