HomeMy WebLinkAboutPC Res 10-19 - 2010-05-05RESOLUTION NUMBER 10 -19 O ' 1 /G
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
FOR THE INDEFINITE EXTENSION OF
CONDITIONAL USE PERMIT 09 -4 ALLOWING
THE EXPANSION OF AN EXISTING PERSONAL
FITNESS FACILITY INTO AN ADJACENT LEASE
SPACE AT 148 -E MAIN STREET (BEACH
FITNESS).
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On March 23, 2010, Bryce Turner and Barbara Bartee (the
"Applicants ") filed an application for Conditional Use Permit 09 -4 (Indefinite Extension)
with the Department of Development Services.
Section 2. Specifically, the applicants are seeking an Indefinite
Extension of the existing Conditional Use Permit 09 -4, which allowed the expansion of
the existing business into an adjacent lease space (148 -E Main Street).
Section 3 . 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 Conditional Use Permit 09 -4 (Indefinite Extension) 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 5, 2010, to consider the application for Conditional Use Permit
09 -4 (Indefinite Extension).
following:
Section 5 . The record of the hearing of May 5, 2010 indicates the
(a) On March 23, 2010, Bryce Turner and Barbara Bartee
submitted an application for Conditional Use Permit 09 -4 (Indefinite Extension) with the
Department of Development Services.
1 of 5
Planning Commission Resolution No. 10 -19
Conditional Use Permit 09 -4 (Indefinite Extension)
148 -E Main Street (Beach Fitness)
May 5, 2010
(b) Specifically, the applicants are seeking an Indefinite
Extension of the existing Conditional Use Permit 09 -4, which allowed the expansion of
the existing business into an adjacent lease space (148 -E Main Street).
(c) The subject business presently comprises
approximately 1,500 square feet and the expansion comprises approximately 1,480
square feet.
(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.
(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
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 (Indefinite Extension) 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 on the community than the previously existing use.
2 of 5
Planning Commission Resolution No. 10 -19
Conditional Use Permit 09 -4 (Indefinite Extension)
148 -E Main Street (Beach Fitness)
May 5, 2010
(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 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.
(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 (Indefinite Extension), subject to the following
conditions:
1. Conditional Use Permit 09 -4 (Indefinite Extension) is approved for the expansion
of the existing personal fitness business ( "Beach Fitness ") into an adjacent suite
located at 148 -E Main Street.
2. All staff and clientele shall park in the Main Street Square parking lot or Main
Street Specific Plan business area between the hours of 6:00am and 9:00am to
alleviate potential noise to nearby residences, and avoid parking in the residential
area between Main Street and 10 Street.
3. The hours of operation shall be 6:00am to 10:00pm daily.
4. Exterior doors shall remain unlocked, but closed and not propped open, during
business hours.
5. Any music or other sound amplification originating within the business shall not
adversely impact the adjacent businesses or adjacent residential areas.
6. No classes larger than groups of 4 clients shall be conducted at the business
location.
7. 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, on the public right
of way, or on the public beach.
8. 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
3 of 5
Planning Commission Resolution No. 10 -19
Conditional Use Permit 09 -4 (Indefinite Extension)
148 -E Main Street (Beach Fitness)
May 5, 2010
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.
9. 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
10. 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.
11. 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.
12. 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.
13. Failure to comply with any of the aforementioned conditions may result in
revocation of this Conditional Use Permit.
4 of 5
Planning Commission Resolution No. 10 -19
Conditional Use Permit 09 -4 (Indefinite Extension)
148 -E Main Street (Beach Fitness)
May 5, 2010
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 5th day of May 2010 by the following vote:
AYES: Commissioners Deaton, Bello, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners Galbreath
Ilery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
5 of 5