HomeMy WebLinkAboutPC Res 10-43 - 2010-11-17RESOLUTION NUMBER 10 -43 111
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 10 -8
FOR THE ESTABLISHMENT OF A PERSONAL
DANCE /FITNESS STUDIO WITH A RETAIL
COMPONENT AT 347 -D MAIN STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On October 15, 2010, Jennifer and Derric Williams (the
"Applicants ") filed an application for Conditional Use Permit 10 -8 with the Department of
Development Services. The Conditional Use Permit is required to allow a personal
dance fitness studio business at the property located at 347 -D Main Street.
Section 2 . The applicants are requesting a Conditional Use Permit for
the establishment of a personal dance fitness studio with a retail component within the
Main Street Specific Plan (MSSP) zone.
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 10 -8 for the establishment of a personal dance
fitness studio with a retail component is categorically exempt from review pursuant to
the California Environmental Quality Act §15301 (Existing Facilities), because the
proposal involves the operation of a private business involving a negligible expansion of
the previously existing use.
Section 4 . A duly noticed public hearing was held before the Planning
Commission on November 17, 2010, to consider the application for Conditional Use
Permit 10 -8.
Section 5 . The record of the hearing of November 17, 2010 indicates
the following:
(a) On October 15, 2010, Jennifer and Derric Williams
(the "Applicants ") submitted an application for Conditional Use Permit 10 -8 with the
Department of Development Services.
(b) Specifically, the applicants are requesting the
establishment of a personal dance fitness studio with a retail component located at 347 -
D Main Street.
1 of 5
Planning Commission Resolution No. 10 -43
Conditional Use Permit 10 -8
347 -D Main Street (Pop Physique)
November 17, 2010
(c) The subject lease space comprises approximately
1,241 square feet and the entire center comprises approximately 5,800 square feet of
leasable area.
(d) The subject property is described as Orange County
Assessor's Parcel Number 043 - 112 -41.
(e) The surrounding land uses and zoning are as follows:
NORTH: Across Pacific Coast Highway, Commercial Businesses in the
Service Commercial (C -1) and General Commercial (C -2) Zones
SOUTH: Commercial Businesses in the Main Street Specific Plan (MSSP)
Zone
EAST: Commercial Businesses in the Main Street Specific Plan (MSSP)
Zone
WEST: Commercial Businesses in the General Commercial (C -2) Zone
Section 6 . Based upon the facts contained in the record, including
those stated in §5 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 10 -8 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 personal dance fitness studio with a
retail component is consistent with surrounding commercial uses, and similar to the
previously existing use in parking demand and intensity. As such, the proposed
personal dance fitness studio with a retail component is not expected to have a greater
impact on the community than the previously existing 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 use is consistent with the intent and purpose and
vision established for the Main Street Specific Plan.
2 of 5
Planning Commission Resolution No. 10 -43
Conditional Use Permit 10 -8
347 -D Main Street (Pop Physique)
November 17, 2010
(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 10 -8, subject to the following conditions:
Conditional Use Permit 10 -8 is approved for a personal dance fitness studio, with
a retail component, into an existing retail space located at 347 -D Main Street.
2. The hours of business operation shall be 7:00 a.m. to 9:00 p.m. daily.
3. 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.
4. 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 or
amplified music 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.
5. 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
6. The applicant shall obtain building permits for all construction or remodeling
requiring such permits.
7. 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.
8. This Conditional Use Permit shall not become effective for any purpose
unless /until a City "Acceptance of Conditions" form has been signed by the
3 of 5
Planning Commission Resolution No. 10 -43
Conditional Use Permit 10 -8
347 -D Main Street (Pop Physique)
November 17, 2010
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 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.
10. 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 17th day of November 2010, by the following
vote:
AYES: Commissioners Deaton, Bello, Cummings, and Galbreath
NOES: Commissioners None
ABSENT: Commissioners Massa - Lavitt
ABSTAIN: Commissioners None
a� t? a;?: � _rW_ )
/ Ellery Deaton
Chairperson, Planning Commission
4 of 5
Planning Commission Resolution No. 10 -43
Conditional Use Permit 10 -8
347 -D Main Street (Pop Physique)
November 17, 2010
ZOO
Mark Persico, AICP
Secretary, Planning Commission
5 of 5