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Home My WebLink AboutPC Res 02-25 - 2002-05-22 ..... . ~ ; e e RESOLUTION NUMBER 02-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CUP NO. 02-12, DENYING THE OPERATION OF A PROFESSIONAL OFFICE AT 218 ~ MAIN ST. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 11, 2002, Matt Murphree (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 02-12, seeking to allow a professional office (Home Loan Online) to operate at the property located at 218 ~ Main St. Section 2. Pursuant to 14 California Code of Regulations ~ 15305 and ~H(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 02-12 for the proposed land use is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~ 15305 (Minor Alterations in Land U se Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of20% slope or a change in land use or density. Section 3. A duly noticed public hearing was held before the Planning Commission on May 22, 2002, to consider the application for CUP 02-2. Section 4. The record of the hearing of May 22, 2002 indicates the following: (a) On April 11, 2002, Matt Murphree submitted an application for Conditional Use Permit 02-12 with the Department of Development Services. (b) Specifically, the applicant is proposing to operate a professional office on the first floor of a building facing Main St. (c) The subject business contains approximately 780 square feet. 1 ;, , .. e e Resolution 02-25 (d) The subject property is described as Orange County assessor's parcel number 199-043-16. (e) The nearest residential property IS located directly behind the subject business. (f) The surrounding land uses and zoning are as follows: EAST Residential Housing in a Residential High Density Zone NORTH & Commercial Businesses in the Main St. Specific Plan Area SOUTH WEST Commercial Businesses in the Main St. Specific plan zone and Residential High Density (RHD) Zones. Section 5. Based upon the facts contained in the record, including -those stated in ~4 of this resolution and pursuant to ~~ 28-1251, 28-1400, 28-2503 and 28-2504 ofthe City's Code, the Planning Commission makes the following findings: D The proposed office use is not consistent with the intent and purpose and vision established for the Main Street Specific Plan. The Main Street Specific Plan is designed to achieve a pedestrian friendly commercial environment attractive to residents and visitors. Although the proposed office use might receive some walk-in patronage, a significant portion of the business would consist of telephone and internet customers. D The proposed office use will not contribute to the unique character of Main Street or the qualities that provide the Main Street sense of identity. Main Street is widely renown for its distinctive mixture of retail and service oriented commercial uses. The proposed use would detrimentally impact the charm of the area by undermining the pedestrian friendly enviromnent of first-floor businesses. Section 6. Based upon the foregoing, the Planning Commission hereby denies Conditional Use Permit 02-12. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 22nd day of May 2002, by the following vote: AYES: Commissioners Hood, Cutuli, Brown, Sharp, Ladner 2 J, . e NOES: Commissioners e Resolution 02-25 ABSENT: Commissioners ABSTAIN: Commissioners David Hood, Ph.D. Chairman of the Pia ing Commission 3 tit e RESOLUTION NUMBER ~.I/ 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CUP NO. 02-12, PERMITTING THE OPERATION OF A PROFESSIONAL OFFICE LAND USE ON THE GROUND FLOOR AT 218~ MAIN STREET, SEAL BEACH (HOME LOAN ONLINE) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. On April 11, 2002, Matt Murphree (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 02-12, seeking to allow a professional office to operate at the property located at 218 ~ 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 02-12 for the proposed professional office land use 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 of20% slope or a change in land use or density. Section 3. A duly noticed public hearing was held before the Planning Commission on May 22, 2002. At the public hearing the applicant appeared and spoke in favor of the request, with other persons speaking in favor. The Planning Commission determined to deny the requested conditional use permit. Section 4. The Planning Commission denied Conditional Use Permit 02-12, through the adoption of Planning Commission Resolution No. 02-25 on May 22, 2002. Section 5. An appeal of the Planning Commission's denial of Conditional Use Permit 02-12 was timely filed. On July 22,2002, the City Council held a duly noticed public hearing to consider the appeal. The Council considered all oral and written testimony and evidence presented at the time of the de novo public hearing, including the staff reports. Section 6. The record of the de novo hearing indicates the following: C:\My Documents\RESO\CUP 02-12.CC Reso (218.5 Main Street).doc\LW\07-31-02 tit City .nCi! Resolution No. - Conditional Use Permit 02-12 218 If2Main Street August 12, 2002 (a) On April II , 2002, Matt Murphree submitted an application for 02- 12 with the Department of Development Services. (b) Specifically, the applicant is proposing to operate a professional office land use on the ground floor at the property located at 218 ~ Main St. (c) The subject business contains approximately 780 square feet. (d) The subject property is described as Orange County assessor's parcel number 199-043-16. (e) The proposed building will include only the proposed business. (f) The nearest residential property is located directly behind the subject business, across a 15-foot wide alley. (g) The surrounding land uses and zoning are as follows: EAST Residential Housing in a Residential High Density (RHD) Zone NORTH & SOUTH Commercial Businesses in the Main Street Specific Plan Area WEST Commercial Businesses in the Main Street Specific plan zone and Residential High Density (RHD) Zones. (h) An appeal of the Planning Commission determination was timely filed in accordance with Article 29.4 of the Code of the City of Seal Beach. Section 7. Based upon the evidence submitted at the de novo hearing, facts contained in the record, including those stated in ~6 of this resolution and pursuant to ~~ 28-1250.B(17), 28-2503 and 28-2504 of the City's Code, the City Council hereby finds: (a) Conditional Use Permit 02-12 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 professional office land use, as conditioned, is harmonious with the Main Street Specific Plan goal to establish and maintain a balanced CUP 02-12.CC Reso (2]8.5 Main Street) 2 tit City .ncil Resolution No. Conditional Use Permit 02-12 218 1f2Main Street August 12, 2002 mix of uses that serve the needs of both local and non-local populations. Testimony presented to the Planning Commission and City Council indicates that the proposed use will serve the needs of both local and non-local populations. (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) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 8. Based upon the foregoing, the City Council hereby approves Conditional Use Permit 02-12, subject to the following conditions: 1. CUP No. 02-12 is approved for the operation of a professional office business located at 218 ~ Main Street. 2. 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. 3. A modification of this CUP 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. 4. The City 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. 5. 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. 6. 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 CUP 02-12.CC Reso (218.5 Main Street) 3 e City .eil Resolution No. _ Conditional Use Permit 02-12 218 IhMain Street August 12, 2002 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. Section 9. The time within which judicial review, if available, of this decision must be sought is governed by Section l094.6 of the California Code of Civil Procedure and Section 1-13 of the Code of the City of Seal Beach, unless a shorter time is provided by applicable law. PASSED, APPROVED, AND ADOPTED by the City Counci\it the City of Seal Beac1~1":O a meeting thereof held on the 1.c2 ... day of ~ ,2002, by the fullowing vole: AYES: Councilmembers ~ ABSENT: NOES: Councilmembers ABSTAIN: Councilmembers ~) J-(. LM~ MAYOR A:1: ~ ('m)Y d cr}J CLERK V STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) CUP 02-12.CC Reso (218.5 Main Street) 4 '. e City .ncil Resolution No. _ Conditional Use Permit 02-12 218 If2Main Street August 12, 2002 , I, Joanne M. Yeo, City Clerk of Seal Beach, California, _d~ereby certify that the foregoing resolution is the original copy of Resolution Number .::r~;;7 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the C~ of Seal Beach, at a re~r thereof held on the /.2- day of ,2002. CUP 02-12.CC Reso (218.5 Main Street) 5