The URL can be used to link to this page

Home My WebLink AboutPC Res 09-18 - 2009-05-06 RESOLUTION NUMBER 09-18 OR/S//II IV4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 09-4 FOR THE EXPANSION OF A PERSONAL FITNESS FACILITY AT 148-E MAIN STREET (BEACH FITNESS). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 1, 2009 Bryce Turner and Barbara Bartee (the "Applicants") filed an application for Conditional Use Permit 09-4 with the Department of Development Services. The Conditional Use Permit is required to allow a personal training and physical therapy business at the property located at 148 F Main Street. Section 2. The applicants are requesting a Conditional Use Permit for the expansion of an existing personal fitness facility into an adjacent lease space. Section 3. Pursuant to 14 California Code of Regulations 915305 and 9II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Conditional Use Permit 09-4 to allow an expansion of an existing personal fitness facility is categorically exempt from review pursuant to the California Environmental Quality Act ~15301 (Existing Facilities), because the proposal involves a negligible expansion of an existing use; and pursuant to ~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 4. A duly noticed public hearing was held before the Planning Commission on May 6,2009, to consider the application for Conditional Use Permit 09-4. Section 5. The record of the hearing of May 6,2009 indicates the following: (a) On April 1, 2009, Bryce Turner and Barbara Bartee submitted an application for Conditional Use Permit 09-4 with the Department of Development Services. (b) Specifically, the applicants are requesting the expansion of an existing personal fitness facility at 148-F Main Street, into the adjacent lease space located at 148-E Main Street. (c) The subject business presently comprises approximately 1,500 square feet and the proposed expansion comprises approximately 1,480 square feet. 10f5 Planning Commission Resolution No. 09-18 Conditional Use Permit 09-4 148-E Main Street (Beach Fitness) May 6, 2009 (d) The subject property IS described as Orange County Assessor's Parcel Number 199-044-34. (e) The building IS In the Main Street Square building, formerly known as John's Food King. (t) 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. Section 6. 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 09-4 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 existing personal fitness facility is consistent with surrounding residential and commercial uses, and similar to the previously existing use in parking demand and intensity. As such, the personal fitness facility is not expected to have a greater impact 011 the community than the previously existing use. (c) The building and property are adequate 111 SIze, shape, topography and location to meet the needs of the proposed use ofthe property. (d) The use is consistent with the intent and purpose and vision established for the Main Street Specific Plan. (e) The 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. 20f5 Planning Commission Resolution No. 09-18 Conditional Use Permit 09-4 148-E Main Street (Beach Fitness) May 6, 2009 (f) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street sense of identity. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 09-4, subject to the following conditions: 1. Conditional Use Permit 09-4 is approved for the expansion of an existing personal fitness business into an adjacent suite located at 148-E Main Street. 2. All clientele shall park in the Main Street Specific Plan business area between the hours of 6:00 a.m. and 9:00 a.m. to alleviate potential noise to nearby residences. 3. The hours of operation shall be 6:00 a.m. to 10:00 p.m. daily. 4. No classes larger than groups of 4 clients shall be conducted at the business location. 5. No business operations, unless otherwise permitted through the City's Special Event Permit process or in coordination with the City's Parks and Recreation Department, shall take place outside of the business location. 6. The establishment shall comply with Chapter 7.15, "Noise Control", of The Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule the subject Conditional Use Permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 7. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the Code of the City of Seal Beach occurs; if the Seal Beach Police Department or the Department of Development Services receive excessive complaints regarding the business operation; or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach. 8. A modification ofthis 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. 9. 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. 30f5 Planning Commission Resolution No. 09-/8 Conditional Use Permit 09-4 /48-E Main Street (Beach Fitness) May 6, 2009 10. 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 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. 11. 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. 12. Failure to comply with any of the aforementioned conditions may result in revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of May 2009 by the following vote: AYES: Commissioners Deaton, Bello, and Larson NOES: Commissioners None ABSENT: Commissioners Eagar and Massa-Lavitt ABSTAIN: Commissioners None L'toJi)e~ / Ellery Deaton Chairperson, Planning Commission 40f5 ee Whittenberg Secretary, Planning Commission ***** 50f5 Planning Commission Resolution No. 09-18 Conditional Use Permit 09-4 148-E Main Street (Beach Fitness) May 6. 2009