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Home My WebLink AboutPC Res 07-68 - 2008-01-09 RESOLUTION NUMBER 07-68 OR/6'h /114< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 07-18 FOR MODIFIED OPERATING HOURS AT AN EXISTING PRIVATE SWIM SCHOOL AT 345 TENTH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES .HEREBY FIND AND RESOLVE: Section 1. On November 7, 2007, Ginny West, the applicant, submitted an application for CUP 07-18 at 345 Tenth Street. Specifically, the applicant seeks to change the allowable hours of swim lessons on Saturdays from the currently permitted 1 :00 PM to 5 :00 PM to new operating hours on Saturday between 8 AM and 2 PM. The current operating hours were established by the City through the adoption of Planning Commission Resolution Number 1493 on February 17, 1988. Section 2. Pursuant to 14 California Code of Regulations 915305 and 9II(B) of the City's Local CEQA Guidelines, staff has deternlined as follows: the application for CUP 07-18 to change the allowable hours of swim lessons on Saturdays from the currently permitted 1 :00 PM to 5:00 PM to new operating hours on Saturday between 8 AM and 2 PM is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations 915301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to 915305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3. A duly noticed public hearing was held before the Planning Commission on January 9, 2008 to consider the application for CUP 07-18. No written evidence was submitted for or against the project, and at the public hearing the applicant spoke in favor of the request and no one spoke in opposition. Section 4. The record of the hearing of January 9, 2008 indicates the following: (a) On November 7, 2007, Ginny West, the applicant, submitted an application for CUP 07-18 with the Department of Development Services. \\SBNAS\Users\L Whittenbcrg\My Documents\RESO\CUP 07-18.345 Tenth Street PC Reso.doc\L W\O I-I 0-08 Planning Commission Resolution 07-68 Conditional Use Permit 07-18 345 Tenth Street (Watersafe Swim School) JanuQlY 9, 2008 (b) Specifically, the applicant seeks to change the allowable hours of swim lessons on Saturdays from the currently permitted 1 :00 PM to 5:00 PM to new operating hours on Saturday between 8 AM and 2 PM. The current operating hours were established by the City through the adoption of Planning Commission Resolution Number 1493 on February 17, 1988. (c) The subject property is located at 345 Tenth Street and is within the C-2, General Commercial zone. (d) The subject property IS legally described as Orange County assessor's parcel number 043-113-49. (e) The surrounding land uses and zoning are as follows: EAST: Across Tenth Street, St. Anne's Church in the General Commercial (C-2) zone. WEST: Across the alley, commercial businesses in the Main Street Specific Plan (MSSP) zone. NORTH: Commercial businesses in the zone General Commercial (C-2) zone. SOUTH: Residential uses in the Residential High Density (RHD) zone. (f) The current permitted hours allow for business operations for 4 hours of swim lessons on a Saturday and the requested hours would allow for 6 hours of swim lessons, resulting in a 50% increase in the allowable number of business hours on a Saturday for swim school operations. Given the code enforcement history of this site, and the still potential violation of Chapter 7.15, Noise, from the current operational characteristics of the swim school, an increase in the number of allowable hours of operation on a Saturday is not appropriate at this time. (g) The neighboring residence may be adversely impacted by current operations of the swim school, and to approve an increase in operating hours until such time as it is determined whether any violations of Chapter 7.15 are occurring would be pre-mature, in the opinion of the Planning Commission. (h) Based on the public record and testimony, the Planning Commission does not have an objection to modifying the allowable hours for Saturday operations to start at a different time, but to not exceed a total of 4 hours of operation on Saturday. The Commission is of the opinion that operating hours of 9 AM to 1 PM for Saturday are appropriate given the types of adjacent and nearby land uses. (i) The current condition of approval number 6 addresses class size and states: "The maximum class size shall be six students at one time." The condition language does not address how many classes may be held in the pool at one time. Staff CUP 07-18.345 Tenth Street.PC Rcso 2 Planning Commission Resolution 07-68 Conditional Use Permit 07-18 345 Tenth Street (Watersafe SI"iim School) JanualY 9, 2008 has recommended modifications of this condition to more clearly set forth the allowable number of students, instructors, and teaching instructors that can be utilizing the pool for lessons at anyone time. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-1400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) The Conditional Use Permit, as conditioned, is consistent with the prOVISIOns of the Land Use Element of the City's General Plan, which provides a "General Commercial" designation for the subject area. (b) As conditioned, the building and property at 345 Tenth Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 07-18, subject to the following conditions: 1. CUP 07-18 is approved for the conducting of a private swim school at 345 Tenth Street. 2. Hours of swim instruction shall be between 8 AM and 8 PM, Monday through Friday and between 9 AM and 1 PM Saturday. There shall be no swim instruction conducted on SUllday. 3. The maximUlll number of private or semi-private classes being held in the pool shall be six at anyone time, with no more than two students being instructed in a semi-private class. A parent and/or training instructor may also be in pool in conjunction with a private or semi-private class. 4. The business operator shall comply with all other conditions imposed pursuant to Conditional Use Permit 14-87 and Variance 8-87. 5. The establishment shall comply with Chapter 7.15, "Noise", of The Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be aJ1lended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule the subject Conditional Use Permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15, Noise. CUP 07-18.345 Tenth Street PC Rcso 3 Planning Commission Resolution 07-68 Conditional Use Permit 07-i8 345 Tenth Street (Watersafe Swim School) January 9, 2008 6. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 7. A modification of this Conditional Use Permit shall be applied for when: 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. 8. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or business operation-related problems are demonstrated to occur as a result of the business operation. 9. The applicant shall indemnify, defend and hold harmless 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 Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for daJ1lage, injury or death arising out of or connected with the perfOrmallCe 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of January , 2008, by the following vote: AYES: Commissioners Bello, Deaton, DeLay, and Roberts NOES: Commissioners ABSENT: Commissioners Massa-Lavitt ABSTAIN: Commissioners CUP 07-18.345 Tenth Streel.PC Reso 4 ~a-~ U e Whittenberg, Secretary ~ Planning Commission / CUP 07-18.345 Tenth Streel.PC Reso Planning Commission Resolution 07-68 Conditional Use Permit 07-18 345 Tenth Street (Watersafe Swim School) January 9, 2008 dN~~~ ~llery Deato Chairperson, Planning Commission 5