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Home My WebLink AboutPC Res 06-25 - 2006-07-19 O,fl/6'/~ A RESOLUTION OF THE PLANNING COMMISSION OF THE '4 t. CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION OF CONDITIONAL USE PERMIT NO. 05-6, ALLOWING THE OPERATION OF A PERSONAL TRAINING AND PHYSICAL FITNESS FACILITY AT 148-F MAIN STREET (FYSICL Y FIT). RESOLUTION NUMBER 06-25 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE- ScctlOn 1. On May 30, 2006 Cnllg Claro (the "Apphcant") filed an apphcal10n for an Indefimte ExtensIOn of CondItional Use PermIt 05-6 wIth the Department of Developmcnt ServIces. The CondItIonal Use Pernlit is requIred to allow a personal trammg and phYSical therapy busmess at the property located at 148 F Mam Street. SectIon 2. Pursuant to 14 CalIfornIa Code of RegulatIOns ~15305 and ~II(B) of thc City's Local CEQA Guidelmes, staff has determmed as follows: the apphcal10n for Indefimte ExtensIOn of CUP 05-6 IS categoncally exempt from review pursuant to the CalIfornIa Environmental QualIty Act pursuant to 14 CalIfornia Code of RegulatIOns ~15301 (Mmor AlteratIons m Land Use LImItatIOns), because the proposal mvolves a neghglble expansion of an eXlstmg use; pursuant to ~ 15305 (Mmor Alterations m Land Use LimItatIons), because thc proposal mvolves a mmor alteration in land use lImitatIOn and does not mvolve eIther a property m excess of 20% slope or a change m land use or densIty were consldcred as part of Negal1ve DeclaratIOn 96-2, evaluatmg the envIronmental Impacts of the Mam Street SpecIfic Plan. SectIon 3. A duly noticed public hearIng was held before the Planning CommiSSIOn on July 19, 2006, to consIder the apphcatIon for Indefimte Extension of ConditIOnal Use PermIt 05-6. SectIOn 4 The record of the heanng of July 19, 2006 mdlcate~ the follOWIng' (a) On May 30, 2006, CraIg Claro submItted an applIcatIOn for Indcfimte ExtensIOn or CondItional Use Permit 05-6 with the Department of Development Services (b) Spcclfically, the applIcant is requestmg to contmue to operate a personal trammg and phYSical therapy business at the property at 148 F MaIn Strcct (c) The subject busmess contaInS approxImately 1,500 square feet. (d) The subject property IS described as Orange County Assessor's Parcel Number 199-044-34 10f4 Plannmg Comm"'lOn Re.olllllOn 06-25 Condlllonal V,e Perm,l 05-6(lndefinzle Exlen>lOl') /48 F Mam SII eel (Fys,cJy F'I) July /9, 2006 (e) John's Food King. The buildmg IS in the Main Street Square buIldmg, formerly known as (f) The surroundmg land uses and zomng are as follows NORTH Across Central Avcnue, CommercIal Busmesses in the Mam Street SpecIfic Plan (MSSP) Zone SOUTH CommerCIal Busmesses m thc Mam Street SpecIfic Plan (MSSP) Zone EAST CommerCIal Busmesses m the MaIn Street SpecIfic Plan (MSSP) Zone, across a 15 feet wldc alley, ResIdentIal Housmg m the RcsldcntIal High Density (RHD) Zone WEST CommerCIal Busmesses m the Mam Street Specific Plan (MSSP) Zone SectIon 5. Based upon thc facts contaIned m the record, includIng those stated m ~4 of thiS resolutIon and pursuant to ~~28-l250, 28-2503 and 28-2504 of the City's Code, the PlannIng CommissIOn makes the folloWIng findmgs. (a) CondItIOnal Use Permit 05-6 (IndefinIte Extension) IS consIstent With thc prOVISIOns of the Land Use Element of the CIty'S General Plan, whIch provides a "Mam Street SpecIfic Plan" zoning designatIon for thc subJect property The use IS also consIstent WIth the remaInmg elements of the CIty's General Plan, as the pohcles of those elements are consIstent wIth, and reflected m, the Land Use Elemcnt. Accordmgly, the proposed use IS consIstent WIth the General Plan. (b) The physical therapy and personal fimess facIlity IS consIstent with surroundmg residential and commerCIal uses, and sImIlar to retail uses m parkmg dcmand and mtenslty. As such, the phYSIcal therapy and personal fitness faCIlIty IS not expected to have a greatcr Impact on the community than a rctali use. (c) The bUIldIng and property arc adequate m SIze, shapc, topography and locatIon to meet the needs ofthe proposed usc of the property (d) The usc is consIstent wIth the intent and purpose and vISion establIshed for the Mam Strcct Specific Plan. (e) The use does not conflict with the SpecIfic Plan's goal to establish and maIntam a balanced mix of uses that serve the needs of both local and non-local populatIOns. (f) The use will contnbute to the UnIque character of Mam Strect and the qualItIes that provide the Main Street sense of IdentIty. 20f4 Plannzng Comml.won Re.ollltlOn 06-25 CondlllOnal V,e Perm,t 05-6(lndefinzte ExtemlOll) 148 F Malll Street (Fys,cJy F't) July 19, 2006 SectIOn 6. Based upon the foregoing, the Planmng CommIssion hereby approves an Indefimtc Extension of Conditional Use PermIt 05-6, subJect to the following condItIOns. 1 CUP No. 05-6 (Indefinite ExtensIon) is approved for the operation of a physIcal therapy and personal fitness busmess located at 148 F Mam Street. 2. All clientele Will park m the Mam Street Specific Plan busmess area between the hours of 6.00am and 9 OOam to alleviate potcntIal noise to nearby resIdences. 3 The hours of operatIon shall bc 6:00am to 1 0:00pm dally 4 No classes shall be conducted at this busmess. 5 A modificatIOn of this Condil1onal 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 m the mode or character of operations of the establishment. 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 m the prcsence of the Director of Development Services, or notanzed and rcturned to the Planmng Department, and until the ten (IO) calendar-day appeal period has elapsed. 7 The Director of Public Works/CIty Engmeer has detcrmined that mstallatlOn of a bike rack IS not required. 8 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 occurrmg or resulting to any and all persons, firms, or corporations furnlshmg or supplYIng work, servIces, materials, or supplies m connectIOn WIth thc performance of the use permItted hereby or thc exercise of the nghts granted herem, and any and all claIms, lawsuits or actIOns arIsmg from the grantmg of or the exercise of the nghts permItted by thiS ConditIOnal Use Pcrrmt, and from any and all claims and losses occurrmg or resultmg to any person, firm, corporatIOn or property for damagc, mJury or death arIsmg out of or connected With the performance of the use permItted hereby. ApplIcant's obhgatlOn to mdemnify, defend and hold harmless the City as stated hcrem shall include, but not be limited to, paYIng all fees and costs mcurred by legal counsel of the CIty's choice in representing the CIty in cOllllectIon With any such claIms, losscs, laWSUIts or actions, expert witness fees, and any award of damages, Judgments, vcrdlcts, court costs or attorneys' fees m any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Plallllmg CommiSSIOn of the CIty of Seal Beach at a meetmg thereof held on the 19th day of July 2006 by the followmg vote 30f4 Plalllllng Comm'SS101l Re!.olutlOn 06-25 Cont/'tlOnal Vse Permll 05-6(lndefimte ExtensIOn) 148 F Malll Street (FYlldy FII) July 19, 2006 AYES: CommIssIoners Deaton, Bello, O'Malley, and Roberts, NOES' CommiSSIOners None ABSENT: CommissIOners Ladner dtl"".'4n4'Dud~- ./ , Ellery Deaton Acting ChaIrperson, Planmng CommiSSIOn Lee It cnberg Secretary, Planmng Comm' **** 40f4