HomeMy WebLinkAboutPC Res 03-42 - 2003-10-22
ORIGINAL
RESOLUTION NUMBER 03-42
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 03-7, ALLOWING THE OPERATION OF A
PERSONAL FITNESS STUDIO AT 2999
WESTMINSTER AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On September 17, 2003, Meghan Boylan (the "Applicant") filed an
applicatIon with the Department of Development Services for Conditional Use 03-7, seeking to
allow a personal fitness studIO to operate at the property located at 2999 Westminster.
Section 2. Pursuant to 14 CalIfornia Code of Regulations ~15305 and ~II(B)
of the City's Local CEQA Guidelmes, staff has determined as follows: the apphcation for CUP
03-7 for the proposed intenor remodeling and land use as a personal fitness studio IS
categorically exempt from review pursuant to the CahfornIa Environmental Quahty Act pursuant
to 14 CalifornIa Code of Regulations 915305 (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 m land use or density.
SectIon 3. A duly noticed public hearing was held before the Planning
CommIssion on October 22, 2003, to consider the applIcation for CUP 03-7.
Section 4.
The record of the hearing of October 22, 2003 mdicates the
following:
(a) On September 17, 2003, Meghan Boylan submitted an application for
CUP 03-7 with the Department of Development Services.
(b) SpeCIfically, the apphcant is proposing to operate a personal fitness studio.
(c) The subject business contams approximately 834 square feet.
(d) The subject property is described as Orange County assessor's parcel
number 095-641-44.
( e) The nearest residential property is located approximately 250 feet to the
west, withm Leisure W orId.
(f) The surrounding land uses and zoning are as follows:
WEST
Commercial Businesses m the Main St. Specific Plan Area
NORTH &
WEST
Commercial Businesses in the ServIce Commercial (C-1)
zone and Leisure W orId in a RHD zone.
EAST
The Seal Beach Naval Weapons StatIon in the Public Land
Use (PLU/R) zone.
SectIOn 5. Based upon the facts contamed in the record, mcluding those stated
In ~4 of this resolution and pursuant to ~~28-1300, 28-2503 and 28-2504 of the CIty'S Code, the
Planning CommiSSIOn makes the following findings:
D Conditional Use Permit 03-7 is consistent with the provisions of the Land Use Element ofthe
City's General Plan, which provides a "Service Commercial" designation for the subject
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Planmng CommiSSIOn ResolutIOn 03-42
CUP 03-7 2999 Westmznster Avenue
October 22, 2003
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.
o The proposed personal fitness studio is consIstent WIth surroundmg residential and
commercIal uses, in that the relative size of the space bemg 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 realistIcally not have any greater Impact on the commumty
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 foregomg, the Planning CommiSSIOn hereby
approves Conditional Use Permit 03-7, subject to the following condItIons:
1. CUP No. 03-7 IS approved for the operation of a personal fitness studIO business
located at 2999 W estminster Avenue.
2. All machmes/workout equipment shall be light enough so as to not cause any structural
problems with the buIlding. All equipment shall be inspected by the bUlldmg
department to assure that no piece of eqUIpment IS too heavy.
3. The hours ofthis CUP shall be 6 AM to 8 PM, 7 days a week.
4. This CUP shall not become effective 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 Department; and until
the ten (10) calendar-day appeal period has elapsed.
5. 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 m the mode or character of operations of the
establIshment.
6. The Planning CommiSSIOn reserves the nght 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 cnminal or anti-social behavior,
including but not lImited to the congregation of minors, VIOlence, public drunkenness,
vandalism, soliCItation and/or lItter.
7. This CUP shall become null and void unless exercised WIthin one (1) 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. 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 notarized and returned to the Planning Department; and until
the ten (10) calendar-day appeal period has elapsed.
9. The term of this permit shall be twelve (12) months, beginnmg the first day of operation
of the fitness center. At the end of the imtial 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
sigmficant polIce or other problems have occurred. The applicant IS hereby adVIsed that
a new applIcation and accompanying fee must be submitted to the CIty prior to
consideration of any extensions.
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Planmng CommiSSIOn ResolutIOn 03-42
CUP 03-7 2999 Westmznster Avenue
October 22, 2003
PASSED, APPROVED AND ADOPTED by the Planning CommissIOn of the City of Seal Beach
at a meeting thereof held on the 22nd day of October 2003, by the followmg vote:
AYES:
CommiSSIOners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES:
Commissioners
None
ABSENT: CommIssioners
(k~~ ~~
)'l}R Sharp .
Vehairman ofthe Planmng Commission
WhIttenoerg
ecretary of the Planning CommissiOI
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