HomeMy WebLinkAboutPC Res 1493 - 1988-02-17
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RESOLUTION NUMBER 1493
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 14-87, A REQUEST TO REESTABLISH A
PRIVATE SWIM SCHOOL IN THE C-2 ZONE (345 19TH
STREET)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on December 2, 1987, Ginny Flahive, 867 South State
College, Anaheim, California, submitted applications
for Conditional Use Permit 14-87 and Variance 8-87 to
the Department of Development Services; and
WHEREAS, the applicant is requesting permission to reestablish
an unenclosed private swim school at 345 19th Street;
and
WHEREAS, the subject property is a rectangular parcel measuring
25 feet by 117.5 feet, and is located on the west side
of 19th Street, 75 feet south of Pacific Coast Highway;
and
WHEREAS, the surrounding land uses and zoning are as follows:
North -
A mixture of conforming and nonconforming
retail and office uses in the C-2 Zone;
South -
A mixture of conforming and nonconforming
single and multiple family residences in the
RHD (High Density Residential) Zone;
East -
A church in the PLU Zone;
West -
Retail uses in the C-2 Zone; and
WHEREAS, the subject property contains an abandoned
nonconforming swim school, as defined by Section 28-
2491 of the Code of the City of Seal Beach, which
requires that abandoped nonconforming uses be
reestablished only in accordance with current zoning
regulations; and
WHEREAS, the swim school is nonconforming due to an inadequate
front setback, a front fence which exceeds the maximum
height limit, the lack of a masonry wall on the joint
property line between the school and the residential
property to the south, and because the use is not
completely enclosed; and
WHEREAS, Conditional Use Permit 14-87 is required to satisfy
Section 28-2491 as the proposed swim school use is not
one which is permitted in the C-2 Zone only if the
Planning Commission determines that it meets the intent
of general commercial uses; and
WHEREAS, Conditional Use Permit 14-87 also serves as a vehicle
for the Planning Commission to resolve the issue of
parking as required by Section 28-2298, which allows
the Planning Commission to make recommendations on
parking ratios when the code does not prescribe a
specific rate; and
WHEREAS,
a variance is required for the
eight- (8-) foot front yard
unenclosed; and
school to
setback
maintain its
and to remain
WHEREAS, a duly noticed public hearing was held by the Planning
Commission on Wednesday, February 17, 1988; and
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RESOLUTION NUMBER 1493
Page Two
WHEREAS, the Planning Commission makes the following findings:
1. The proposed swim school use is consistent with
the General Plan. The Land Use Element designates
the subject property General Commercial, to
include service commercial uses, defined as
"commercial establishments selling a broad range
of convenience and consumer goods or providing a
variety of personal services." The swim school is
a service business, and hence is consistent with
the land use designation for the subject property.
2. The proposed swim school use is comparable to
other uses permitted in the C-2 zone, such as
gymnasiums which may offer swimming, and day
nurseries which supervise groups of children.
3. The proposed swim school use is compatible with
the surrounding community. Potential traffic
impacts will be offset by the availability of
parking in the St. Anne's Church lot, which should
discourage travel through the residential portion
of the street. Noise impacts will be offset by
the provision of a masonry wall between the school
and adjacent residential property.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Seal Beach does hereby approve Conditional Use Permit
14-87, subject to the following conditions:
1. Conditional Use Permit 14-87 is approved for the
reestablishment of a swim school at 345 10th Street.
2. The nonconforming front fence and all illegal signing shall
be removed.
3. An eight- (8-) foot masonry wall shall be constructed on the
south, west and north sides of the property to replace the
existing wood fence.
4. Two self-closing, self-locking gates shall be provided to
join the masonry wall to the existing building. These gates
shall be locked from both sides at night for security.
5. The swim school shall maintain an agreement with St. Anne's
Church to use twelve parking spaces in the church parking
lot for the next twenty-five (25) years.
6. The maximum class size shall be six students at one time.
7. Subject to final approval by the City Council, the parking
requirement for the swim school shall be as follows:
a. One space for each employee, including the operator;
and
b. One space for each two students attending class at the
same time; and
c. Two spaces for drop-offs.
8. Conditional Use Permit 14-87 shall take effect upon final
action by the City Council on the above parking requirement.
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RESOLUTION NUMBER 1493
Page Three
9. Hours of instruction shall be between 8:00 a.m. and 8:00
p.m., Monday through Friday, and between 1:00 p.m. and 5:00
p.m. on Saturday and Sunday.
10. The pool equipment shall be screened with plant material to
satisfaction of the Director of Development Services.
11. There shall be no diving board installed in the pool.
12. The term of Conditional Use Permit 14-87 shall be for six
(6) months, after which time the Planning Commission shall
review the CUP and may extend it indefinitely.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 17th day of
February, 1988 by the following vote:
NOES
Commissioner (s) av:r1fbx-U~/ 1't-l-/I~ J/1a'V~1 J~~
Commissioner (s) /7nv
Commissioner(s) ~~f
Commissioner(s) I7~Lf
AYES
ABSTAIN
ABSENT
Commission
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