HomeMy WebLinkAboutPC Res 08-39 - 2009-01-07
RESOLUTION NUMBER 08-39
OR/S/llI
IV4(
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 08-12, FOR A
REDUCTION IN PARKING REQUIREMENTS FOR A
COMMON PARKING FACILITY WITHIN THE
SERVICE COMMERCIAL (C-l) ZONE AT 901-1101
PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL
BEACH CENTER)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December 4, 2008, Erwin Bucy submitted an application to the
City of Seal Beach Department of Development Services for Conditional Use Permit 08-12.
Section 2. The requested Conditional Use Permit is to allow a reduction in
parking requirements for a common parking facility within the Service Commercial (C-1) zone
at 901-1101 Pacific Coast Highway (Seal Beach Center).
Section 3. Pursuant to 14 California Code of Regulations 915305 and 9II(B)
of the City's Local CEQA Guidelines, staff has determined as follows: the application for
Conditional Use Permit 08-12 to allow a reduction in parking requirements for a common
parking facility 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 4. A duly noticed public hearing was held before the Planning
Commission on January 7, 2009, to consider the application for Conditional Use Permit 08-12.
The Planning Commission considered all evidence presented, both written and oral regarding the
subject application.
Section 5.
The record of the hearing of January 7, 2009, indicates the
following:
(a) On December 4,2008, Erwin Bucy submitted an application to the City of
Seal Beach Department of Development Services for Conditional Use Permit 08-12.
10f5
Planning Commission Resolution No. 08-39
Conditional Use Permit 08-/2
90/-//0/ Pacific Coast Highway (Seal Beach Center)
January 7, 2009
(b) The requested Conditional Use Permit is for a reduction in parking
requirements for a common parking facility within the Service Commercial (C-l) zone at 901-
1101 Pacific Coast Highway (Seal Beach Center)
(c) The subject property is bounded by Bolsa Avenue to the north and west;
Balboa Drive to the east; and Pacific Coast Highway to the south.
(d) The subject property is approximately 345,059 (approximately 7.92 acres)
in size and has approximately 103,315 square feet of retail and restaurant lease space.
(e) The residential properties nearest to the subject property are located
approximately 75 feet to the north and to the east in the neighborhood commonly known as "The
Hill". The majority of the business activity within the center takes place in the interior of the
center, away from residential areas.
(t) The surrounding land uses and zoning are as follows:
D NORTH - Residential uses within the Residential Low Density (RLD)
Zone...
D SOUTH - Commercial uses within the General Commercial (C-2) Zone
and Main Street Specific Plan (MSSP) Zone.
D EAST - Residential uses within the Residential Low Density (RLD) Zone.
D WEST - Commercial uses within the General Commercial (C-2) Zone.
Section 6. Based upon the facts contained in the record, including those stated
in ~5 oftrus resolution and pursuant to ~28-2209.D; ~28-2503; and ~28-2504 of the Seal Beach
Municipal Code, the Planning Commission makes the following findings:
(a) Conditional Use Permit 08-12 is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a Service Commercial use designation
for the subject property. The proposed use ofthe property is in conformity with the provisions of
the Service Commercial (C-l) zoning designation and the requested variance encompasses an
area of approximately 345,059 square feet of land area. The proposed use is also consistent with
the remaining elements of the City's General Plan as the policies of those elements are consistent
with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with
the General Plan.
(b) The buildings and property at 901-1101 Pacific Coast Highway are
adequate in size, shape, topography and location to meet the needs of the proposed uses of the
property. Required adherence to applicable building and fire codes ensures there will be
adequate water supply and utilities for the proposed use.
(c) The Seal Beach Center, with a mix of retail, restaurant, and personal
service uses, is compatible with the character of the surrounding area. Adherence to conditions of
20f5
Planning Commission Resolution No. 08-39
Conditional Use Permit 08-12
901-1101 Pacific Coast Highway (Seal Beach Center)
January 7, 2009
approval placed on the use by the City of Seal Beach should mitigate any negative impacts to
neighboring residential properties.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 08-12, subject to the following conditions:
1. Conditional Use Permit 08-12 is approved for a reduction in parking requirements for a
common parking facility within the Service Commercial (C-l) Zone within an existing
shopping center at 901-1101 Pacific Coast Highway, in accordance with the Parking
Demand Analysis conducted for the center.
2. The applicant shall adhere to the types of uses defined in the Parking Demand Analysis
and as further conditioned by this Conditional Use Permit for those lease spaces that
remain vacant as ofthe date of approval ofthis Conditional Use Permit.
3. Any Hair Salon, Nail Salon, Beauty Parlor, Day Spa, Barbershop, or similar type use that
requires parking based on a per chair or per station basis shall be limited to no more than
three (3) businesses within the center, and the maximum parking demand of those uses
shall not exceed sixty (60) parking spaces.
4. The total reduction in required parking shall not exceed ten percent (10%) or a total
demand, regardless of the tenant mix, of 480 parking spaces within the center.
5. At a period of six (6) months after all lease spaces within the center are leased or eighteen
(18) months after the approval date of this Conditional Use Permit (whichever comes
first), Staff shall review the parking situation. If Staff determines in its reasonable
discretion that a Parking Demand Study is necessary, Applicant shall complete, at its sole
cost and expense, a parking demand study using Linscott, Law, and Greenspan or
another parking consultant acceptable to staff. In the event that parking deficiencies do
exist as determined by the Parking Demand Study, the applicant may be required to
institute additional measures, including, but not limited to, any or all of the following as
deemed appropriate by the City's traffic engineer or traffic consultant, to mitigate parking
deficiencies and/or bring the amount of parking to a level that, at a minimum, meets the
functional demand:
A. Subject to approval by the Supermarket, their successors and assigns, and subject
to approval of CVS, their successor and assigns and any other Tenant who have
consent rights within their leases, re-stripe the parking lot to provide up to 25%
compact parking stalls.
B. Provide, to the satisfaction of the City, additional off-site parking in compliance
with all parking demand requirements.
C. Payment of a one-time in-lieu parking fee of up to $3,500 per deficient parking
space, if so determined by a subsequent Parking Demand Analysis.
D. Any additional reasonable measures as suggested by either the City's traffic
engineer or traffic consultant.
30f5
Planning Commission Resolution No. 08-39
Conditional Use Permit 08- J 2
901-1101 Pacific Coast Highway (Seal Beach Center)
Janumy 7, 2009
E. Any additional measures as suggested by the applicant to the satisfaction of the
City.
6. A modification of this Conditional Use Permit shall be applied for when:
A. The center 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
center.
7. The Planning Commission reserves the right to further modify this Conditional Use
Permit if any violation of the approved conditions occurs, any violation of the Seal Beach
Municipal Code occurs, or for those reasons specified by Article 28, and in the manner
specified in Article 25, of Chapter 28 ofthe Seal Beach Municipal Code.
8. This Conditional Use Permit shall become null and void unless exercised within 1 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 Department of
Development Services a minimum of 90 days prior to such expiration date.
9. This Conditional Use Permit shall not become effective for any purpose unless an
"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 1 0 day appeal period has elapsed.
10. 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 perfonnance of
the use permitted hereby or the exercise of the rights granted herein, and any and all
claims, lawsuits or ac~ions 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 actions, expert witness fees, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
11. Failure to adhere to any of the aforementioned conditions may result in the revocation of
this Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 7th day of January 2009 by the following vote:
40f5
Planning Commission Resolution No. 08-39
Conditional Use Permit 08-12
901-1101 Pacific Coast Highway (Seal Beach Center)
January 7, 2009
AYES: Commissioners Deaton, Delay, Eagar, and Massa-Lavitt
NOES: Commissioners None
ABSENT: Commissioners Bello
ABSTAIN: Commissioners None
,V;;~L~/7f~t:l~W
" Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commissi
*****
50f5