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HomeMy WebLinkAboutPC Res 23-14 - 2023-09-05 (Posted on Agenda as 23-12)A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 23-3 TO ALLOW THE OPERATION OF A 8,100 SQUARE FEET MEDICAL/DERMATOLOGY CLINIC LOCATED AT 13900-A SEAL BEACH BOULEVARD IN THE SERVICE COMMERCIAL (SC) ZONE AREA. Section 1. Gayle Smith of Twinsteps Architects submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permil (CUP) 23-12 for the permitting of the operation of an 8,100 square feel medical/dermatology clinic at an existing commercial shopping center at 13900-A Seal Beach Boulevard (the "subject property"), which is located in Service Commercial (SC) 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/dermatology clinic use within 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 September 5, 2023, to consider the application for CUP 23-3. At the -ilublic hearing, the Planning Commission received and considered all evidence ,tresented, both written and oral, regarding the subject application. The record of the ;tublic hearing indicates the following: A. The subject site is within an existing commercial center located on the west side of Seal Beach Boulevard and north of the intersection at Westminster Avenue. The parcel is developed with one single -story commercial building that is part of -------- --- - ---a-multi�parcel-commercial-center known -as Seal -Beach Villagbject property -has - an 8100 square fo.ot-vacant tenant space. I The subject property is located in'the Service Commercial (SC) zone and is adjacent to residential uses to the north and west at Leisure World, by the Naval Weapons Station to the east across Seal Beach Boulevard, and by commercial uses to the south. B. The proposed use requires the approval of a Conditional Use Permit 4"X*u4-m zone. am, Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5-20.020 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed use is consistent with the General Plan because 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/dermatology clinic 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 the Service Commercial (SC) zone subject to approval of a Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. The General Plan Land Use Map designates the subject property as Commercial - Service and the Zoning Map designates the area as Service Commercial (SC). 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/dermatology clinic 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/dermatology clinic use compliments the existing commercial uses and complies with the height, setback, and parking requirements of the Service Commercial 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 5:00 P.M. E. The establishment, maintenance, and operation of the proposed interior 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 interior offices and examination rooms 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 he-property-will-be-consistent with -the --- surrounding uses in the area. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 23-3 for the operation of a medical/dermatology clinic at an existing commercial suite within an existing commercial shopping center, located at 13900-A Seal Beach Boulevard, subject to the following conditions. 1 Conditional Use Permit 23-3 is approved for the operation of a medical/dermatology clinic at an existing commercial suite within an existing commercial shopping center, at 13900-A Seal Beach Boulevard. 2 of 4 2. The hours of operation shall be, Monday through Friday 8 A.M. to 5 P.M. 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, any violation of any provision of the Code of the City of Seal Beach, or if there is a substantial change in the mode and character of the use. 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. 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. 8. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 9. 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. 10. 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. 11. The applicant must indemnify, defend, and hold harmless the City, its 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, a -n -d 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 September 5, 2023, by the following vote: AYES: Commissioners, Cambell, Coles, Massetti, Wheeler NOES- Commissioners: ABSENT: Commissioner. - ABSTAIN: Commissioner -.i ATTEST: to 6-Smittle Planning Commission Secretary Mingione Patty Cadp6�11 Chairperson Mom,