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Home My WebLink AboutPC Res 04-51 - 2004-12-08 RESOLUTION NUMBER 04-51 ORiS lilI4{ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING THE INDEFINITE EXTENSION CONDITIONAL USE PERMIT 03-7 ALLOWING THE CONTINUED 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 Guidelines, staff has determined as follows: the application for CUP 03-7 for the proposed interior remodeling and land use as a personal fitness studio 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 December 8, 2004, to consider the application for CUP 03-7(Indefimte Extension). Section 4. The record of the hearing of December 8, 2004 indicates the following: (a) On September 17, 2004, Meghan Boylan submitted an application for CUP 03-7 (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 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, within Leisure Wodd. (f) The surrounding land uses and zoning are as follows: WEST Commercial Businesses in the Main St. Specific Plan Area NORTH & WEST Commercial Businesses in the Service Commercial (C-l) zone and Leisure Wodd 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 contained in the record, including 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: Page 1 of3 Planmng CommiSSIOn ResolutIOn 04-5 J CUP 03-7 (Indefimte ExtensIOn) Fit 4-You - 2999 Westmmster Avenue December 8. 2004 o Conditional Use Permit 03-7 (Indefinite Extension) is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Service Commercial" designation for the subject property. The use is also consistent with the remaimng 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 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 realistically not have any greater impact on the commumty than any other retail use. o The building and property are adequate m 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 03-7 (Indefinite Extension), subject to the following conditions: 1. CUP No. 03-7 (Indefinite Extension) is approved for the continued operation of a personal fitness studio business located at 2999 W estminster Avenue, # 106. 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 buildmg department to assure that no piece of equipment is too heavy. 3. The hours of this 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 in the mode or character of operations of the establishment. 6. 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, 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 wntten 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 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. 9. The applicant shall indemnify, defend and hold harmless City, its officers, agents 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 Page 2 of3 Planmng CommISSIOn ResolutIOn 04-51 CUP 03-7 (Indefimte ExtensIOn) FIt 4-You - 2999 Westmmster Avenue December 8, 2004 the use permitted hereby 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 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 hereby. 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 fees, and any award of damages, judgments, verdicts, court costs or attorney's fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the CIty of Seal Beach at a meeting thereof held on the 8th day of December 2004, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: CommissIOners ~-- Phil Ladner Chairperson, Planning CommIssion Lee Whittenberg Secretary, Planning Co **** Page 3 of 3