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Home My WebLink AboutPC Res 96-41 - 1996-12-18 RESOLUTION NUMBER 96-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 96-3, PERMITTING THE OPERATION OF A PERSONAL TRAINING FACILITY BETWEEN THE HOURS OF 6 00 A M AND 10 30 P M IN THE LIMITED COMMERCIAL ZONE AT 1600 PACIFIC COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On November 13, 1996, Dick Mitchell filed an apphcatlon for CUP 96-3 With the Department of Development Servtces Through thiS apphcatlOn the apphcant seeks to operate outside of the hours of7 00 A M and 10 00 P M which are permitted by right m the Limited CommerCial (L-C) zone SpeCifically, the apphcant IS seekmg to operate between the hours of6 00 A M and 10 30 P M m conjunction WIth the estabhshment of personal fitness trammg facility Section 2 Pursuant to ]4 Cahf Code of Regs ~ 15025(a) and ~ n B of the City'S Local CEQA GUldelmes, staff has deterlntned as follows The apphcatlon for CUP No 96- 3 IS categoncally exempt from reVIew pursuant to the Cahforma EnVIronmental Quality Act pursuant to 14 Cahf Code of Regs ~ 15301 (EXlstmg Uses), because It mvolves the neghglble expansIOn of an eXlstmg use, and pursuant to ~ ]5061(b)(3), because It can be seen WIth certamty that there IS no posslblhty that the approval may have a slgmficant effect on the environment Sectton 3 A duly noticed pubhc hearmg was held before the Planmng CommiSSion on December] 8, 1996 to conSider the apphcatlon for CUP No 96-3 Zone letter was submitted agmnst the project At the pubhc hearing 4 people spoke m favor of the request and 6 people spoke m opposItion Section 4 The record of the hearing on December 18, 1996 mdlcates the follOWIng (a) On November 13, 1996 Dick Mitchell submitted an apphcatlon for CUP 96-3 With the Department of Development Services (b) SpeCifically, the apphcant IS requestmg to operate outSide of the hours of 7 00 A M and 10 00 P M which are permitted by right m the LImited Commercial (L-C) zone SpeCIfically, the apphcant IS seekmg to operate between the hours of6 00 A M and 1030 P M m conjunction WIth the estabhshment of personal fitness trammg faclhty (c) The subject lease space IS located wlthm the recently completed Mitchell Plaza development located at 1600, 1650 and ] 700 PaCific Coast Highway (d) The subject property IS located at the southeast comer PaCific Coast HIghway and 16th Street (e) PaCific Coast Highway IS a primary street With a right-of-way of 100 feet (f) The surroundmg land uses and zomng are as follows NORTH Located across PaCific Coast Highway are smgle family dwelhngs m the ReSidential Low DenSity zone (RLD) SOUTH A mixture ofsmgle-falntly and multi-family resldenttal uses In the Residential MedIUm DenSity zone (RMD) C \My DocumentsICondrtlonal Use Permrtsl96-3 - Resolution doc Planmng CommISSIOn ResolutIOn No 96-4/ December /8, /996 WEST A mix of commercial uses m the General Commercial zone (C-2) EAST A mix of commercial uses m the Luruted CommercIal zone (L-C) and the General Commercial zone (C-2) (g) At It's November 6, 1996 meetmg the Planmng Commission found a personal tralmng facility, WIth speCIfic limitations, IS compatible WIth the uses permitted m the L-C zone (h) Staff received one letter m opposItion to thts request The letter, from CraIg Gibson of305 17111 Street, mdlcates he Itves near the faclhty and doesn't want aCtiVIty m hiS neighborhood beyond reasonable hours Section 5 Based upon the facts contwned m the record, mcludmg those stated m ~ 4 of thIs resolution, and pursuant to ~~ 28-2503 and 28-2504 of the CIty's Code. the Planmng CommtSSlon hereby finds as follows (a) CUP No 96-3 IS consistent with the provIsions of the Land Use Element of the City's General Plan, which proVIdes a "ltmlted commercial" deSIgnation for the subject property and permtts the operation of speCified commercia] uses beyond the hours of 700 a m to 1000 P m subject to the Issuance ofa Conditional Use Permit The use IS also consIstent with the remalmng elements of the City's General Plan as the poliCies of those elements are consIstent with, and reflected m, the Land Use Element Accordmgly, the proposed use IS consistent with the General Plan (b) The buildmg and property at 1600 PaCIfic Coast HIghway are adequate m Size, shape, topography and location to meet the needs of the proposed use of the property ReqUired adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use (c) The subject property was developed as a purely commercial development, and has no reSIdential uses on site ThiS situation will limit potential late mghtlearly mornmg Impacts of commercial actiVIties on reSidential uses m mixed use developments (d) The subject property IS located on PaCific Coast Highway where all other commercial propertIes are allowed to operate between the hours of 6 00 a m and 200am (e) PaCIfic Coast Highway IS a slgmficant nOise generator dunng the proposed operatmg hours SectIOn 6 Based upon the foregomg, the Planmng CommiSSIon hereby approves ConditIOnal Use Permit 96-3, subject to the followmg conditions 1 CUP # 96-3 IS approved for the operation of a personal tralnmg faclltty m the Limtted Commercial zone between the hours of 6 00 a m and 10 00 P m 2 The proposed use shall not exceed 1,700 square feet 3 There shall be no more than 20 pieces oftrammg equipment 4 Workouts WIll be scheduled for mdlVldual tralmng sessions WIth a tramer 5 No Video games or Similar amusements shall be permttted on the premises 6 A modificatIon of this Conditional Use Permit shall be obtamed when (a) The establishment proposes to change the type of operation (b) The establtshment proposes to modifY any of It'S current conditIOns of approval 96-3 - Resolution BCC be Page 2 Plannmg CommiSSIOn Re~olutlOn No 96-41 Decemher 18, 1996 (c) There IS a substantial change In the mode or character of operations of the estabhshment 7 Extenor hghtlng m the parking area shall be kept at a level so as to proVIde adequate lIghting for patrons whtle not unreasonably disturbing surrounding residential or commercial areas 8 The proposed facility shall comply WIth Chapter 13D, "NOIse Control", of the Code of the City of Seal Beach as the regulatIOns of that Chapter now eXIst or may hereafter be amended. Should complatnts be receIved regardtng nOIses generated by the factllty, the Planmng CommtSSlon reserves the nght to schedule the subject permtt for reconslderatton and may reqwre the apphcant/operator to mlttgate the nOIse level to comply WIth the proVISIons of Chapter 13D. 9 The Planmng COmImsslon reserves the nght to revoke or modify thiS Conditional Use Permtt Ifany Violation of the approved conditions occurs, any Violation of the Code of the City of Seal Beach. occurs, or for those reasons specified by Article 28, and In the manner specified m Article 25, of Chapter 28 of the Code of the City of Seal Beach 10 Thts Condlttonal Use PermIt shall become null and VOId unless exercised WIthin one (1) year of the date of final approval, or such extension of ttme as may be granted by the Planmng ComInlSSlon pursuant to a wntten request for extenSIon submItted to the Department of Development ServIces a InImmum of mnety (90) days pnor to such expualIOn date. 11 Thts ConditIOnal Use Penmt shall not become effective for any purpose unless an "Acceptance of ConditIOns" form has been Signed by the apphcant m the presence of the Director of Development Services, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed 12 The apphcant Will prominently display these conditIOns of approval m a locatIOn WIthin the bUSiness's customer area that IS acceptable to the Director of Development Services 13 The term of this penmt shall be for SIX (6) months, after which time the apphcant may apply to the COmImsslon for an Indefimte extenSIon, prOVIded all conditIOns of approval have been satIsfied and no extraordinary demand for law enforcement services occur With respect to the subject property PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meeting thereof held on the 18th day of December, 1996 by the follOWing vote AYES COmImsslOners Brown, Hood, Law, Sharp, Yost NOES CommiSSIOners ABSTAIN CommiSSioners 2t. ~ Bn Brown, M D , Chairman Plan Ing CommiSSIon ee Whittenberg, Secretary Planning ComrmsslOn 96-3 - ResolutIOn BCC be Page 3