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HomeMy WebLinkAboutPC Res 25-03 - 2025-04-21 RESOLUTION NO. 25-03 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 24-0008 TO ALLOW THE OPERATION OF A 600 SQUARE FOOT DOG GROOMING BUSINESS LOCATED AT 128 MAIN STREET IN THE MAIN STREET SPECIFIC PLAN (MSSP) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Haydee and Bon Leowardy ("the applicant") submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 24-0008 for the permitting of the operation of a 600 square feet dog grooming business at an existing commercial suite at 128 Main Street (the "subject property"), which is located in Main Street Specific Plan (MSSP) 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 operation of a dog grooming 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 21, 2025, to consider the application for MUP 24-0008. 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 applicant submitted an application to the Community Development Department for Minor Use Permit 24-0008 for a proposed dog grooming business at 218 Main Street inf the Main Street Specific Plan (MSSP) area. B. The subject site is within an existing commercial building located on the east side of Main Street and between Central Avenue and Ocean Avenue. The subject property is a rectangularly shaped parcel measuring 25 feet in width and 117.5 feet depth, approximately 2,937.5 square feet. C. The parcel is developed with a commercial building consisting of two units, and a detached multi-family structure. The subject property has a 600 square foot vacant tenant space. D. The subject property is located in the Main Street Specific Plan (MSSP) zone and is adjacent to commercial uses to the north, south and west, and the residential uses to the east. 1 of 4 Resolution 25-03 April21, 2025 E. The Seal Beach Municipal Code (SBMC) Section 11.2.10.010 (Land Use Regulations) requires the approval of a Minor Use Permit to allow the operation of dog grooming business use in the Main Street Specific Plan (MSSP) zoning area. F. SBMC Section 11.4.20.020 (Parking Reductions) and the MSSP allow for businesses on Main Street that are unable to provide all required parking spaces on-site to enter into the Main Street In-Lieu Parking Program to satisfy their parking space requirements. 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 (Required Findings) of the Seal Beach Municipal Code, and the Main Street Specific Plan District In-Lieu Parking Program pursuant to Section 11.4.20.020 of the Seal Beach Municipal Code and MSSP, the Planning Commission makes the following findings: A. The proposed use is consistent with the General Plan and the Main Street Specific Plan. The General Plan Land Use Element identifies Main Street as the focal point of downtown Seal Beach with a mix of pedestrian-oriented uses, surrounded by an area of mixed housing types and institutions. The Land Use section of the MSSP states that "the commercial uses are the key to the area's special character". It emphasizes the importance of "mix of uses in close proximity to one another" to create and retain its small-town character. The proposed dog grooming business will provide commercial services that will serve both the residential community of Seal Beach and nearby cities. Additionally, the proposed use will add a variation to the surrounding retail and restaurant uses in its vicinity but will still maintain a similar customer service use. B. The proposed use is allowed within the Main Street Specific Plan (MSSP) zone subject to approval of a Minor Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as Commercial Service and the Zoning Map designates the area as Main Street Specific Plan (MSSP). C. The site is physically adequate for the type, density, and intensity of the use being proposed. The proposed use requires a total of two (2) parking spaces. However, due to existing development, no onsite commercial parking can be provided for the use on-site. The Seal Beach Municipal Code recognizes that the parking is constrained in the MSSP area and allows participation in the Main Street Specific Plan District In-Lieu Parking Program. The program permits all or part of the parking space requirements to be satisfied by compliance with this program. Because the subject property does not have sufficient parking spaces to serve the dog grooming use, the applicant/owner will participate in the MSSP In-Lieu Parking Program to satisfy all the required parking spaces for the proposed uses. The applicant/owner will be required to pay an initial In-Lieu Parking Fee of $7,000 for two (2) deficient parking spaces prior to the issuance of building permits for the use; and an annual fee of$200 for two (2) deficient parking spaces. In addition, the applicant/owner shall be required to execute and record a covenant setting forth its obligations to pay the in-lieu parking fees in accordance with the terms of this Resolution. 2 of 6 Resolution 25-03 April21, 2025 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 dog grooming use compliments the existing commercial uses and will not disrupt the existing character of Main Street. The hours of operation are proposed at 9:00 A.M. to 7:00 P.M., but may vary anywhere from 7:00 A.M to 9:00 P.M., as business needs dictate. 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 create separate spaces for business activities, new dog bathtubs, and tables for grooming and drying purposes. 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 MUP 24-0008 for the operation of a dog grooming use located at 128 Main Street, subject to the following conditions: 1. Minor Use Permit 24-0008 is approved for the operation of a dog grooming use at 128 Main Street. 2. The hours of operation shall be limited from 7 AM to 9 PM, Daily. 3. The applicant shall obtain a City of Seal Beach business license, as well as any applicable State and/or County health permits or operating permits prior to commencing business. 4. The facility must be maintained in continuously sanitary conditions for the dogs' well-being and to minimize potential odors, disease hazards, and pest infestation. 5. The facility is not permitted to operate as a kennel. No animals are permitted to remain overnight on the premises. 6. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 7. 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. 8. The interior of the tenant space must be provided with soundproofing in the area occupied by dogs, to be verified and approved by the Building Official. 9. 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 • 3 of 6 Resolution 25-03 April21, 2025 permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 10. A dog waste station with a receptacle must be provided by the tenant near the entrance. 11. The applicant/owner is required to participate in and pay In-Lieu Parking Fees in accordance with the Main Street Specific Plan District In-Lieu Parking Program (Seal Beach Municipal Code Section 11.4.20.020.D). In accordance with the In- Lieu Parking Program, the applicant/owner shall be required to pay an initial fee of $7,000, calculated at $3,500 per deficient space, prior to the issuance of any building permits for the dog grooming use. In addition, the applicant/owner shall be required to pay an annual In-Lieu Parking Fee of $200, calculated at $100 per deficient space, each year no later than July 1st. The property shall remain in good standing with the Main Street Specific Plan District In-Lieu Parking Program at all times. The Planning Commission reserves the right to revoke this MUP if the applicant/owner does not remain in good standing with the Main Street Specific Plan In-Lieu Parking Program. 12. This Resolution and MUP shall not become effective for any purpose the execution and recordation of a covenant by the applicant/owner on the subject property located at 128 Main Street, in a form satisfactory to the City, that complies with the following requirements: a. The covenant shall incorporate all requirements and conditions of approval of this Resolution. b. The covenant shall require the owner's participation in the Main Street Specific Plan District In-Lieu Parking Program at all times, and payment of the In-Lieu Parking Fees including payment of an initial fee of$7,000, calculated at$3,500 per deficient space, prior to issuance of any building permits for the dog grooming use; and payment of an annual In-Lieu Parking Fee of $200, calculated at $100 per deficient space, paid no later than July 1st each year. c. The executed and recorded covenant shall be provided to the City prior to issuance of any building permits for dog grooming use. 13. Signs and other advertising on the exterior of the premises shall require review by the Community Development Department and shall be compatible with the character of the area to the satisfaction of the Community Development Director. 14. The Planning Commission reserves the right to revoke or modify this MUP 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. • 4 of 6 Resolution 25-03 April21, 2025 15. 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. 16. This MUP 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. 17. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 18. 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. 19. Approval of any a modification of this MUP must be applied for when obtained under any of the following circumstances: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. c. The establishment proposes to modify any provisions of the covenants required by these conditions of approval. 20. 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. 21. 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, 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 5 of 6 Resolution 25-03 April21, 2025 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 21, 2025, by the following vote: AYES: Commissioners CAMPBELL, COLES, NOLTA, MINGIONE, WHEELER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 11,5)7Xdi Margo Wheeler Chairperson ATTE lexa Smittle Planning Commission Secretary 6 of 6