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HomeMy WebLinkAboutPC Res 01-32 - 2001-07-18 CUP 01-8, Plal/I/lIIg CommisslO/1 Stuff Report 209 V, Mum St 7/18/0/ RESOLUTION NUMBER 01-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 01-8, ALLOWING THE OPERATION OF A PERSONAL FITNESS STUDIO AT 209 Yi MAIN ST. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Seetion1. 011 June l3u" 2001, Julie Beck (the "Applicant") filed an application with the Department o[ Development Services [or Conditional Use Permit 01-8, seeking to allow a personal fitness studio to operate at the propel1y located at 209 Y, Main St. Scction 2. Pursuant to 14 Califol1lia Code of Regulations ~ 15305 and ~Il(B) of thc City's Local CEQA Guidelines, stair has determined as follows: the applieation for CUP '01-8 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environnlental Quality Act pursuant to 14 California Code of Regulations ~ 15305 (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 01' a change in land use or density. Section 3. A duly noticed public hcaring was hcld before the Planning Commission on July 18,2001, to consider the application for CUP 01-8. Section 4. The record oflhe hearing ofJuly 18,2001 indicates the following: (a) On June 131h, 2001, Julie Beck submitted an application for 01-8 with the Department of Development Services. (b) Speeifically, the applicant is proposing to operate a personal fitness studio. (c) The subject business contains approximately 700 square feet. (d) The subject property is described as Orange County assessor's parcc1 numbcr 199-052-01. (e) The proposed building incluJes BJ's pizza on the ground floor. (f) The nearest residential property is located directly behind the subject business. (g) The surrounding land uscs anu zoning are as follows: WEST Residential Housing in a Residential High Density Zonc NORTH & SOUTH Commercial Busincsscs in the Main St. Specific Plan Area EAST Commercial Businesses in the Main St. Specific plan zone ~Uld Residentiall-ligh Density (RHD) Zones. Section 5. llased upon the facts contained in the record, includillg those stated in ~4 of this resolution and pursuant to ~~28-1400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: 6 . . CUP 01-8. Plallllmg COlIIlIIl,won Staff Report 209 jr, Mom St. 7/18/01 o Conditional Use Permit 01-8 is consistent with the provisions of the Land Use Ele10ent of the City's General Plan, which provides a "Main St. Specific Plan" zoning designation for the subject property. The use is also consistent with the remaining c1cmcnts of the City's General Plan, as the polieies of those c1cmcnts arc consistent with, and rellected in. the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. D The proposed personal fitness studio is consistent with sun'ounding residential and commercial uses, in that the relative size of the space being utilized as workout area is sufticiently small enough so as to not attract a substantially large amount of people. As such, the personal fitness studio will realistically not have any greater impact on the community than any other retail use. o The building and property are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Pennit 01-8, subject to the following eonditions: I. CUP No. 01-8 is approved for the operation of a personal fitness studio business located at 209 V. Main St. 2. All machines/workout equipment shall be light enough so as to not cause any structural problems with the building. All elluipment shall be inspected by the building department to assure that no piece of equipment is too heavy. 3. All clientele will park on Main St. between the hours of 6 AM and 9 AM, to alleviate potential noise related effects of parking. 4. The hours ofthis CUP shall be 6 AM to 8 PM, 7 days a week. 5. This CUP shall not become eflective 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 Departnlent; and until the ten (10) calendar-day appeal period has elapsed. 6. A modilication of this CUP shall be applied lor whcn: . The establishment proposes to modify any of its current Conditions of Approval. . There is a substantial change in the mode or charactcr of operations ofthe establishment. 7. The Planning Commission rcserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-rclatcd problems arc demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 8. This CUP shall become null and void unless exercised within one (I) year ofthc date of final approval, or such extension oftimc as may be granted by the Planning Commission pursuant to a written request lor extension submitted to the Ocpm1ment of Development Services a minimum ofnincly (90) days prior to such expiration date. 9. The term of this pennit shall be twelve (12) months, bcginning the first day of operation of the new restaurant. At the end of the initial term, the applicantmuy apply to the City tor an indefinite extension. The Planning Commission may grant an extension as discussed above, provided that all Conditions of Approval have been met and no significant police or other problems have occuned. The applicant is hereby advised that a new application and accompanying fee mnst be submitted to the City prior to consideration of any extensions. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City ofSeul Beach at a meeting thereof held on the ] 8th day of July 2001, by the following vote: 7 .. . CUP 01-8. Plal/I/il/g C()mmi.~.~iol7 Staff Report 209 ~ Mam St. 7/18/01 AYES: Commissioners Hood, Cutuli, Brown, Ladner, Sharp NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners David Hood, Ph.D. Chairman of the Planning Conn Whittenberg ccretary of the Planning Commission 8