HomeMy WebLinkAboutPC Res 02-29 - 2002-06-19
RESOLUTION NUMBER 02-29
OR\GINAL
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 01-5 (INDEFINITE EXTENSION), ALLOWING
THE CONTINUED 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 14, 2002, Alice Collier (the "Applicant") filed an
application with the Department of Development Services for Conditional Usc Permit 01-5
(Indeftnite Extension), seeking to allow a massage establishment which also incorporates the use
of a "flotation tank" to operate at 1190 Pacific Coast Highway.
Section 2. Pursuant to 14 California Code of Regulations ~15305 and ~II(B)
of the CIty'S Local CEQA Guidelines, staff has determined as follows: the application for CUP
01-5 (Indefinite Extension) for the proposed interior remodeling is categorically exempt from
review pursuant to the California Environmental 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 or a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on June 5, 2002, to consider the application for CUP 01-5 (Indefinite Extension).
No written evidence was submitted for or against the project.
Section 4.
The rccord of the hearing of June 5, 2002 indicates the following:
(a) On May 14, 2002, Alice Collier submitted an application for 01-5
(Indefinite Extension) with the Department of Development Services.
(b) Specifically, the applicant is proposing to operate a massage establishment
which also incorporates the use of a "flotation tank" to operate at 1190 Pacific Coast Highway.
(c) The subject business contains approximately 924 square feet.
(d) The subject property is described as Orange County assessor's parcel
number 043-122-36.
(e)
"Bungalow Tan".
~hopping center.
The proposed building includes the "Wherehouse" music store and
Additional service, retail, and restaurant uscs arc located within the subject
(f) The nearest residential property is located approximately 250 feet
southwest of the subject property. The subject building is separated by on-sire parking at the rear
of the building and a 15-foot alley from the adjacent church property.
(g) The surrounding land uses and zoning are as follows:
NORTH
Commercial Businesses in both Service Commercial (C-l)
and General Commercial (C-2) zones.
SOUTH &
Zoctcr Field in the Public Land Use/Recreation (PLU/R)
Planning CommISsion ResolutIOn 02-29
CUP 01-5(Indefinite ExtensIOn)
1190 Pacific Coast Highway, Unit B
June 19. 2002
EAST
Zone.
WEST
Church and residential uses in the Gcneral Commercial
(C-2) and Residential High Density (RHD) Zoncs.
Section 5. Based upon the facts contained in the 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 Commission makes the following findings:
(a) Conditional Use Permit 01-5 (Indefinite Extension) 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 subject 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 reflected in, the Land Use Element. Accordingly, the proposed use is consistent with
the General Plan.
(b) The proposed massage establishment and flotation tank are consistent with
surrounding residential and commercial uses, in that several similar establishments along Pacific
Coast Highway have operated for years without any significant problems. The proposed use is
located witPin an existing commercial shopping center that comprise a number of service, retail
and rcstaurant uses.
(c) The building and property are adequate in size, shape, topography and
location to meet the needs of thc proposed use of the property. The proposed location is of
sufficient distance from adjoining residential, public ball-field, and church uses to not adversely
impact those existing land uses.
Section 6.
approves Conditional Use
conditions:
Based upon the foregoing, the Planning Commission hereby
Pennit 01-5 (Indefinite Extension), subject to the following
1. CUP No. 01-5 (Indefinite Extension) 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
establishments and technicians.
3. The Flotation Tank use shall comply with all requirements of Orange County Health
Agency.
4. This CUP shall not become effective for any purpose unless/until a City "Acceptance of
Conditions" form has been signed by thc applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Department; and until
the ten (10) calendar-day appeal period has clapscd.
5. A modification of this CUP shall be applied for when:
a. The establishment 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
establishment.
6. The Planning Commission rcserves the right to revoke or modify this CUP pursuant to
ArtIcles 25 and 28 of The Code of the Citv of Seal Beach if harm or retail-related
problems are 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.
Res 02-29 CUP 01-5
2
Pian/ling CommISSIOn ResolutIOn 02-29
CUP 01-5(lndefimte Extension)
1190 Pacific Coast Highway, Unit B
June 19, 2002
7. This CUP shall become null and void unless exercised within one (I) 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 ninety (90) days prior to such expiration date.
8. The applicant shall indemnify, defend and hold harmless City, its officers, agenls 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 performance of
the use permitted hereby or the exercise of the rights !,rranted herein, and any and all
claims, lawsuits or actions 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 hercby.
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 fecs, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the Planning Co1l11l1ission of the City of
Seal Beach at a meeting thereof held on thc 19th day of June 2002, by the following
vote:
AYES:
Commissioners: Hood, Brown, Cutuli, Ladner, Sharp
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
David Hood, Ph.D.
Chairman ofthe Planning C mmission
ee Whittenberg
Secretary of the Planning Commissi
Res 02-29 CUP 01-5
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