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Home My WebLink AboutPC Res 03-44 - 2003-12-03 ORIGINAL RESOLUTION NUMBER 03-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 01-8 (INDEFINITE EXTENSION), ALLOWING THE CONTINUED OPERATION OF A PERSONAL FITNESS STUDIO AT 209 12 MAIN ST. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 24, 2003, Julie Beck (the "Applicant") filed an application with the Department of Development Services for ConditIonal Use Permit 01-8 (Indefinite ExtenSIon), seeking to allow a personal fitness studio to continue to operate at the property located at 209 Y2 Main St. 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 01-8 (Indefinite Extension) for the proposed intenor 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 November 5, 2003, to consider the application for CUP 01-8 (Indefinite Extension). Section 4. The record of the hearing of November 5, 2003 mdicates the following: (a) On September 24, 2003, Julie Beck submitted an application for 01-8 (Indefinite Extension) with the Department of Development Services. (b) Specifically, the applicant is proposing to continue 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 parcel number 199-052-01. (e) The proposed bUIldmg includes BJ's pizza on the ground floor. (f) The nearest residential property is located directly behind the subject business. (g) The surroundmg land uses and zomng are as follows: WEST Residential Housing in a Residential High Density Zone NORTH & SOUTH Commercial Businesses in the Main St. Specific Plan Area EAST Commercial Businesses in the Main St. Specific plan zone and Residential High Density (RHD) Zones. Section 5. Based upon the facts contamed 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: Page 1 of3 Plannmg CommiSSIOn ResolutIOn 03-44 Indefimte ExtensIOn ConditIOnal Use Permit 01-8 20911z Mam Street December 3, 2003 D Conditional Use Permit 01-8 (Indefinite Extension) IS consistent with the provIsions of the Land Use Element 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 remaming 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. D The proposed personal fitness studio is consistent with surrounding residential and commercial uses, in that the relative size of the space being utilized as workout area is suffiCIently small enough so as to not attract a substantially large amount of people. As such, the personal fitness studio will reahstically not have any greater impact on the community than any other retail use. D 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 Permit 01-8 (Indefimte Extension), subject to the following conditIOns: 1. CUP No. 01-8 (Indefinite Extension) is approved for the continued operation of a personal fitness studio business located at 209 12 Main St. 2. All machines/workout equipment shall be light enough so as to not cause any structural problems with the building. All equipment 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 parkmg. 4. The hours of this CUP shall be 6 AM to 8 PM, 7 days a week. 5. Parking shall be required at a rate of 2 parkmg spaces per licensed trainer when 2 or more trainers are working WIth clients at anyone time. 6. This CUP shall not become effective for any purpose unless/until a City "Acceptance of CondItions" form has been signed by the applicant m the presence of the Director of Development Services, or notanzed and returned to the Planning Department; and until the ten (10) calendar-day appeal period has elapsed. 7. A modification of this CUP shall be applied for when: . The establishment proposes to modify any of ItS current Conditions of Approval. . There is a substantial change in the mode or character of operations of the establishment. 8. The Planning Commission reserves 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-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, vandahsm, solicitation and/or litter. PASSED, APPROVED AND ADOPTED by the Planning CommIssion of the City of Seal Beach at a meeting thereof held on the 3rd day of December 2003, by the following vote: AYES: Commissioners Sharp, Deaton, Ladner, and Shanks NOES: Commissioners None ABSENT: CommIssioners Eagar Page 2 of3 Planmng CommlsslOn ResolutlOn 03-44 Indefimte Extension CondltlOnal Use Permit 01-8 2091f2 Mmn Street December 3, 2003 Sharp aIrman of the Planmng Commission Page 3 of3