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HomeMy WebLinkAboutPC Res 26-01 2026-01-20 RESOLUTION NO. 26-01 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 25-0010 ALLOWING THE OPERATION OF A COMMERCIAL RECREATION BUSINESS (CHILDREN EVENT SPACE) AT A 925-SQUARE FOOT SUITE LOCATED AT 13924 SEAL BEACH BOULEVARD SUITE "D" IN THE MIXED COMMERCIAL/RESIDENTIAL HIGH DENSITY (MC/RHD) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1 . Latasha Turpin submitted an application to the City of Seal Beach Department of Community Development for a Minor Use Permit (MUP) 25-0010 for the permitting the operation of a commercial recreation business at a 925-square-foot vacant suite located at 13924 Seal Beach Boulevard, Suite D (the "subject property") and within the Mixed Commercial/Residential High Density (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 a commercial recreation use within an existing commercial building where only minor modifications are required for the renovation of the business. Section 3. A duly noticed public hearing was held before the Planning Commission on January 20, 2026 to consider the application for MUP 25-0010. 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 25-0010 for a proposed children's event space, a commercial recreation business at 13924 Seal Beach Boulevard, Suite Din the Mixed Commercial/Residential High Density (MC/RHD) Zone. B. The subject suite is an existing nonresidential structure within an existing commercial center located on the west side of Seal Beach Boulevard and north of the intersection at Westminster Avenue, and the prior use was also a nonresidential use. C. The parcel is developed with one single-story commercial building that is part of a multi-parcel commercial center known as Seal Beach Village. The subject property has a 925 square foot vacant tenant space. 1 of 4 D. The subject property is located in the Mixed Commercial/Residential High Density (MC/RHD) zone and is adjacent to residential uses to the north and westat Leisure World, by the Naval Weapons Station to the east across Seal Beach Boulevard, and by commercial uses to the south. 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 commercial recreation use within the Mixed Commercial/Residential High Density (MC/RHD) zone. 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 proposal is consistent with the general plan and with any other applicable plan adopted by the city council. The proposed use is consistent with the General Plan because the General Plan Land Use Element encourages the continued use of an existing commercial center in a manner compatible with existing commercial uses. The proposed business provides additional commercial services for residents and visitors while remaining consistent with the existing land uses. As conditioned, the proposed use will allow for new service opportunities, with no anticipated impacts to the surrounding uses and providing sufficient parking for all uses. 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. The General Plan Land Use Map designates the subject property as Commercial — Service and the Zoning Map designates the area as Mixed Commercial/Residential High Density (MC/RHD) zone. The proposed use is allowed within the Mixed Commercial/Residential High Density (MC/RHD) zone subject to approval of a Minor Use Permit and complies with all other applicable provisions of the Municipal Code. The proposal is for a change in nonresidential use within an existing nonresidential structure. C. The site is physically adequate for the type, density, and intensity of the use being proposed. The proposed business will occupy an existing vacant suite within the established commercial center. The use will increase the parking demand for the suite, however based on the information provided by the applicant, staff has determined that site contains sufficient parking and circulation for the proposed commercial recreation use in the form of a children's private event space and for all the other onsite commercial uses. 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. The proposed commercial recreation use will not disrupt the existing character of the shopping center. The business' proposed 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, which is consistent with the various surrounding uses onsite. 2 of 5 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 proposed suite alterations will require minimal interior modifications thus not create adverse impacts upon adjacent uses. 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 proposed use will be consistent with the surrounding uses in the area. Section 5. Based upon the foregoing, the Planning Commission hereby approves MUP 25-0010 for the operation of a 925 square foot children's private event space, a commercial recreation use at 13924 Seal Beach Boulevard, Suite D within an existing commercial shopping center, subject to the following conditions. 1. Minor Use Permit 25-0010 is approved for the operation of a 925 square foot children's private event space at 13924 Seal Beach Boulevard, Suite D. 2. The hours of operation shall be allowed daily 7:00 A.M. to 9:00 P.M. 3. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 4. 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. 5. 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. 6. All business operations and activities shall be limited to within the confines of the existing tenant space. No outdoor business operation is permitted. 7. At no time shall the number of persons within the subject unit be greater than the occupancy allowed by the Building Division and Orange County Fire Authority. 8. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code. Should complaints be received regarding noisegenerated 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. 9. 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. 10. The Planning Commission reserves the right to revoke or modify this MUP 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. 3 of 5 11. 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. 12. 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. 13. The applicant is required to obtain all required Building and Safety permits priorto tenant improvements, construction or demolition. 14. 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. 15. 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 Community Development Director pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 16. 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 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 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 January 20, 2025, by the following vote: AYES: Commissioners MINGIONE, NOLTA, PERRELL, CAMPBELL,WHEELER NOES: Commissioners ABSENT: Commissioners 4 of 5 ABSTAIN: Commissioners /1"14iMargoeeler Chairperson ATTEST: Shaun Temple Planning Commission Secretary 5 of 5