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HomeMy WebLinkAboutPC Res 05-28 - 2005-06-22 RESOLUTION NUMBER 05-28 OR/6'h '/lI4 ( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 05-6, ALLOWING THE OPERATION OF A PERSONAL TRAINING AND PHYSICAL FITNESS FACILITY AT 148 F MAIN STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 18, 2005 Craig Claro (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 05-6, seeking to allow a personal training and physical therapy business at the property located at 148 F Main Street. 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 05-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to 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 in land use or density were considered as part of Negative Declaration 96-2, evaluating the environmental impacts of the Main Street Specific Plan. Section 3. A duly noticed public hearing was held before the Planning Commission on June 22, 2005 to consider the application for Conditional Use Permit 05-6. Section 4. The record of the hearing of June 22, 2005 indicates the following: (a) On May 18,2005, Craig Claro submitted an application for Conditional Use Permit 05-6 with the Department of Development Services. (b) Specifically, the applicant is proposing to operate a personal training and physical therapy business at the property at 148 F Main Street. (c) The subject business contains approximately 1,500 square feet. (d) The subject property is described as Orange County Assessor's Parcel Number 199-044-34. (e) The proposed building is in the Main Street Square building, formerly known as John's Food King. (f) The surrounding land uses and zoning are as follows: NORTH Across Central Avenue, Commercial Businesses in the Main Street Specific Plan (MSSP) Zone SOUTH Commercial Businesses in the Main Street Specific Plan (MSSP) Zone EAST Commercial Businesses in the Main Street Specific Plan (MSSP) Zone; across a 15 feet wide alley, Residential Housing in the Residential High Density (RHD) Zone WEST Commercial Businesses in the Main Street Specific Plan (MSSP) Zone Page 1 of3 Plannmg CommiSSIOn Resolution No 05-28 ConditIOnal Use Permit 05-6 - 148 F Main Street ( Fyslcly Fit) June 22, 2005 Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~28-1250, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 05-6 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main Street Specific Plan" 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 physical therapy and personal fitness facility is consistent with surrounding residential and commercial uses, and similar to retail uses in parking demand and intensity. As such, the physical therapy and personal fitness facility is not expected to have a greater impact on the community than a retail use. (c ) The building and property are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (d) The proposed use is consistent with the intent and purpose and vision established for the Main Street Specific Plan. (e) The proposed use does not conflict with the Specific Plan's goal to establish and maintain a balanced mix of uses that serve the needs of both local and non-local populations. (f) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 05-6, subject to the following conditions: I. CUP No. 05-6 is approved for the operation of a physical therapy and personal fitness business located at 148 F Main Street. 2. All clientele will park in the Main Street Specific Plan business area between the hours of 6:00am and 9:00am to alleviate potential noise to nearby residences. 3. The hours of operation shall be 6:00am to 10:00pm daily. 4. No classes shall be conducted at this business. 5. A modification of this Conditional Use Permit 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. This Conditional Use Permit 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. 7. The Director of Public Works/City Engineer shall evaluate the need for a bike rack directly in front of the applicant's proposed place of business. Upon the determination and discretion of the Director of Public Works/City Engineer, the project applicant shall pay the City of Seal Beach to provide a bike rack, which will be maintained by City forces, to be placed adjacent to or in the nearby vicinity of the business. 8. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new business. At the end of the 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 Page 2 of3 Planning CommiSSIOn ResolutIOn No 05-28 Conditional Use Permit 05-6 - 148 F Main Street ( Fyslcly FIt) June 22, 2005 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. 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 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 attorneys' 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 22nd day of June 2005 by the following vote: AYES: Commissioners Ladner, Deaton O'Malley, and Roberts NOES: Commissioners None ABSENT: Commissioners Shanks Phil Ladner Chairperson, Planning Commission Lee hittenberg Secretary, Planning Commissi **** Page 3 of3