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Home My WebLink AboutPC Res 01-27 - 2001-06-06 RESOLUTION NUMBER 01-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE ClTY OF SEAL BEACH APPROVING CUP NO. 01-5, ALLOWING THE OPERATION OF A MASSAGE ESTABLISHMENT AT 1190 PACIFIC COAST HIGHWAY. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 16, 2001, Alice Collicr (the "Applicant") tiled an application with the Department of Development Services for Conditional Use Pennit 01- 5, seeking to allow a massage establishment which also incorporates the use of a "notation tank" to operate at 1190 Pacific Coast Highway. Section 2. Pursuant to 14 Califomm Code of Regulations ~ 15305 and *11(13) of the City's Local CEQA Guidclines, staff has dctennined as iollows: the application for CUP 01-5 for the proposed intenor remodeling IS categoricaIly exempt from review pursuant to the Cali[omia Environmental Quality Act pursuant to 14 Califomia Codc of Rcgulations ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve cithcr a property in exccss of20% slope or a change in land usc or density. Section 3. A duly noticcd public hearing was held before the Planning Commission on June 6, 2001, to consider the application for CUP 01-5. No written evidence was submitted for or against the projeet. Section 4. The record of the hearing of June 6, 2001 indicates the following: (a) On May 16,2001, Alice Collicr submitted an application for 01-5 with the Department of Development Services. (b) Specifically, the applicant is proposing to operate a massage establislllncnt which also incorporates the use of a "Ootation tank" to opcrate at 1190 Pacific Coast Highway. (c) The subject business contains approximatcly 924 square feet. (d) Thc subject propeI1y is described as Orangc County assessor's parcel number 043-122-36. (e) Thc proposed building includes the "Wherehouse" music store and "Bungalow Tan". Additional servIce, rctail, and restaurant uscs are located within the subject shopping center. (1) The ncarest residential property is located approximately 250 feet southwest of the subject property. The subject building is separated by on-sire parking at thc rcar of the building and a 15-foot alley fi'om the adjacent church property. (g) The surrounding land uses and zoning are as follows: NORTH Commcrcial Busincsses in both Scrvice Conllllercial (C-I) and General Commercial (C-2) zones. C \CUI'\CUP 01-5 1190 PCII1f5\CUP 01-5 Resolul.on- 1190 PCII doc\LW\lJ6-06-lJl Planning CO/llIllISSIOI/ ResolutIOn 01-27 ConditIOnal Use Pennzt 01-5 1190 Pacific Coast HIghway June 6, 2001 EAST Zoeter Ficld 111 thc Public Land Use/Recreation (PLutH.) Zone. SOUTH & WEST Chureh and residential uses in thc General Commercial (C-2) and Residential High Density (RHO) Zones. Section 5. Bru;ed upon the facts containcd in thc record, including those stated in ~4 of this resolution and pursuant to ~~28-1400, 28-2503 and 28-2504 of the City's Code, the Planning Com11lissionlllakes the following findings: (a) Conditional Use Permit 01-5 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "General Commercial" zoning designation for the subjcct property. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reOected in, thc Land Use Element. Accordingly, the proposed use is consistent with thc Gencral Plan. (b) 111e proposed massage establishment and tlotation tank are consistent with surrounding residential and cOlllmercial uses, in that several similar establishments along Pacitic Coast Highway have operated for years without any significant problems. The proposed use is located within an existing commercial shopping center that complisc a number of service, retail and restaurant uses. (c) The building and propcrty arc adequate in size, shapc, topography and location to meet the needs of the proposed use of the prope11y. Thc proposed location is of sufficient distance fi'om adjoining residential, public ball-field, and church uses to not adversely impact thosc cxisting land uscs. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional U~e Permit 01-5, subject to thc following conditions: 1. CUP No. 01-5 is approved for the operation of a massage therapy and flotation tank business located at 1190 Pacific Coast Highway. 2. All massage therapists employed by the subject business shall comply with Chapter 12 of the Seal Beach Municipal Code, which sets forth rules and procedures regarding massage cstablishments and technicians. 3. This CUP shall not bccomc effective for any purpose unless/until a City "Acceptance of ConditIOns" form has been signed by the applicant in the presence of the Dircctor of Development Services, or notarizcd and returned to the Planning Department; and until thc ten (10) calendar-day appcal period has clapscd. 4. A modification of this CUP shall bc applicd for whcn: a. The cstablishmcnt proposes to modify any of its current Conditions of Approval. b. There is a substantial change in thc mode or character of operations of the establishment. 5. The rImming Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Codc of the City of Scal Beach if hann or retail-rclatcd problems arc demonstrated to occur as a result of criminal or anti- social behavior, including but not limited to the eongrcgation of minors, violence, public drunkcnness, vandalism. solicitatiun and/ur litter. 6. This CU P shall become null and void unless exercised within onc (I) year of the date of final approval, or such extension of time as may be granted by the CUP UI-5 Resolutl(lll- 1190 PCII 2 , Planning Comllllssion ResolutlOl/ 01-27 Conditional Use PermIt 01-5 1190 Pacific Coast Illglzway JI/ne 6. 20Ul Planning Commission pursuant to a written request for extension submitted to thc Department of Development Scrvices a minimum of nincty (90) days prior to such expiration date. 7. The telm of this pennit shall be twclve (12) months, beginning the first day of operation of the new restaurant. At the end of thc initial term, the applicant may apply to the City for 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 occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City pIior to consideration of any extensions. 8. The applicant shall indemnify, dcfend and hold hannless City, its officers, agents and employces (collectively "the City" hereinafter) from any and all claims and losses whatsoever occuning or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in conneetion with the perfonllance of the use penllittcd hcreby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights pennitted by this Conditional Use Pennit, and from any and aII claims and losses oecurring or resulting to any person, fmn, cOlvoration or propelty for da1Oage, injury or death arising out of or connected with the per[onmmce of the use pem1itted hereby. Applicant's obligation to indemnify, dcfcnd and hold hanllless the City as stated herein shall include, but not be limited to, paying all fees and costs inCUITed 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 attomeys' fecs in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning COmmi&SIOn of the City of Seal Beach at a meeting thcreofhcld on the 6th day of June 2001, by the following vote: AYES: Commissioners Brown, Cutul;, Hood, Ladner, and Sharp NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ~ David Hood, Ph.D. Chainnan ofthe Planning Commission e Whittenberg ecretary ofthe Planning Commission CUP 01-5 R<'Solllllon - 1190 PCll 3