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HomeMy WebLinkAboutPC Min 2011-08-17City of Seal Beach - Planning Commission August 17, 2011 Chair Massa -Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, August 17, 2011. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chair Massa - Lavitt; Commissioners: Everson, Galbreath, Goldberg Absent: Vice -Chair Cummings, excused Staff Present: Department of Development Services Mark Persico, Director Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney ORAL COMMUNICATIONS Chair Massa -Lavitt opened oral communications. Speakers: Erik Dryer - Goldman, Seal Beach Chamber of Commerce, supported staff recommendations on Conditional Use Permit 11 -7 (item 2) and Conditional Use Permit 11 -10 (item 4). AGENDA APPROVAL With no objection the Chair declared approval of the agenda as presented. CONSENT CALENDAR Everson moved, second by Galbreath, to approve the Consent Calendar as presented. AYES: Massa - Lavitt, Everson, Galbreath NOES: None ABSENT: Cummings ABSTAIN: Goldberg Motion carried 1. Approved the Planning Commission Meeting Minutes of July 20, 2011. SCHEDULED MATTERS There were no matters for consideration at this time. PUBLIC HEARINGS 2. Conditional Use Permit 11 -7: 1500 -F Pacific Coast Hwv. (Tattoo Studio) Applicant/Owner: Timothy Sean Shelton / Dennis Swing 1 These Minutes were transcribed from audiotape of the meeting. Page 2 — Planning Commission 08/17/11 Request: For the establishment of a Tattoo Studio within the General Commercial (CG) Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution No. 11 -20 as presented. The Senior Planner gave the staff report. Commissioner Goldberg questioned how the operating hours were derived. Response: Staff and Applicant made the determination jointly. Chair Massa - Lavitt opened the public hearing. The Applicant/Owner Timothy Shelton provided a brief background about himself, and assured Commission the conditions of CUP 11 -7 would be followed. Mr. Shelton stated in response to Commission concerns: the operating hours (10:00 a.m. — 10:00 p.m.) are flexible, signage will not be a neon sign, there will be 2 to 3 employees, and he has not received any prior complaints regarding his work. Speakers: Barbara Barton, Old Town, inquired about how neighboring residents felt, parking, and how the Conditional Use Permit (CUP) would be affected if the applicant sold their business. Gabriel Gordon, owner of Beachwood BBQ (restaurant), spoke in support of applicant, CUP, and bringing diverse business to Seal Beach. Mike Buhbe, Old Town, congratulated Commissioner Goldberg on his appointment and spoke in support of the CUP. Jason Shiffert, owner of 320 Main (restaurant), expressed support of the CUP. Chair Massa -Lavitt stated the Planning Commission did receive correspondence in opposition to the proposed CUP. Commissioner Goldberg commented that with the new zoning code and recent court decision, questioned whether a denial of the CUP could only stem from the tattoo studio being incompatible with the proposed location. The Assistant City Attorney stated the 9th Circuit (Federal Circuit Court of Appeals) set precedent that a city could not completely prohibit tattoo studios within its jurisdiction. The City can impose time, place, and manner restrictions. The City has adopted a CUP requirement, which applies to tattoo studios, within the Commercial General (CG) zone. The Senior Planner further stated the Zoning Code has an extensive set of requirements regarding tattoo establishments (Section 11.4.65); identified specific conditions addressing signage, operating artists being properly registered, changes in ownership, and parking issues. There being no other speakers, Chair Massa -Lavitt closed the public hearing. Commissioner Goldberg expressed concerns that a tattoo studio is not consistent with City's atmosphere of "small town charm "; will vote in opposition to the item; urged additional discussion regarding signage; and proposed alternate operating hours. He also asked for further clarification regarding existing Sign Code. The Senior Planner provided a brief summary of the City's existing Sign Code. Commissioner Galbreath inquired about location and illumination of signage for proposed item; received clarification about closing operations; stated he is not opposed to tattoo studio at proposed location; believes applicant should be given opportunity to maintain a properly regulated business. Chair Massa -Lavitt made inquiries regarding signage; does not object to operating hours, but would consider modifying; believes there would be minimal, if any, impact on character of Old Town. Commissioner Everson questioned the operating hours of adjacent businesses and how the proposed operating hours were determined; initiated discussion pertaining to effects on City's image; in support of tattoo studio, feels it would add to current eclecticism. The Director of Development Services received clarification from the Commission on Condition 20 (regarding illuminated signs). Galbreath moved, second by Everson, to approve Conditional Use Permit 11 -07, subject to conditions, and adopt Resolution No. 11 -20 with modifications to Condition 20 to allow a sign to be installed with the existing illuminated multi - tenant sign. AYES: Massa - Lavitt, Everson, Galbreath NOES: Goldberg ABSENT: Cummings 3. Conditional Use Permit 11 -9: 1201 Marlin Avenue Applicant/Owner: Michele L. Gamble Request: Page 3 - Planning Commission 08/17/11 Motion Carried For the establishment of a Vacation Rental property within the Residential Low Density (RLD -9) Zone at 1201 Marlin Avenue. Recommendation: Deny and adopt Resolution No. 11 -23. Page 4 — Planning Commission 08/17/11 The Senior Planner noted an error in the staff report — corrected the operating start date from March 2011 to May 2011 and noted that the applicant requested a continuance. Commissioner Galbreath questioned if a police report was filed for the noise incident; inquired if there was a complaint filed with the Planning Department that was a separate incident for which the police were called. Response: A police report was not filed - a call for service was noted in the police log; uncertain if complaints stem from one incident. Chair Massa - Lavitt opened the public hearing. Applicant/Owner Michele Gamble provided background information as to how the property became a vacation rental; presented arguments as to why the continuance was requested; explained the number of occupants that can be accommodated; briefly discussed the parking spaces available (garage and driveway). Speakers: Joe Klein, Marlin Avenue, read the letter he sent to the Planning Commission, staff, and Council requesting the denial of the CUP, and stated he had concerns related to noise from pool. David Schulten, Marlin Avenue, stated concerns regarding noise, parking, and frequency of turnover. Barbara Barton, Ocean Avenue, said she is opposed to short term vacation rentals. Patty Middleton, Seal Beach (Hill), read a letter to the Planning Commission requesting denial of the CUP. With no objections, Chair Massa -Lavitt called for a recess at 9:00 p.m. and reconvened the public hearing at 9:05 p.m. Additional Speakers: Chris Wade, Catalina Avenue, spoke in opposition of the vacation rental. Tim O'Neil, Crystal Place, spoke in opposition of the vacation rental. Lori Griffin, Crystal Place, spoke in opposition of the vacation rental. Four other speakers, stated their opposition to vacation rentals, but were referencing a property not on the agenda. Commissioner Goldberg would prefer to not allow continuance of this item — lack of special circumstances; additional information would not impact decision making; questions whether noise issues could be resolved through conditions. Response: Conditions regarding noise can be drafted, but cannot be easily enforced. Goldberg moved to deny Conditional Use Permit 11 -9. The motion died for a lack of a second. Applicant/Owner Michele Gamble reiterated wanting additional time to discuss and evaluate possible conditions with the Director of Development Services. There being no other speakers, Chair Massa -Lavitt closed the public hearing. Page 5 - Planning Commission 08/17/11 Commission Everson stated he is in favor of continuance with stipulation that the property not be used as a rental after Sunday, August 21 Everson moved, second by Galbreath, to continue the public hearing to September 7, 2011, subject to terms of understanding (applicant cannot use property as vacation rental after Sunday, August 21 until otherwise resolved). AYES: Massa - Lavitt, Everson, Galbreath NOES: Goldberg ABSENT: Cummings Motion Carried 4. Conditional Use Permit 11 -10: 12430 Seal Beach Blvd. (Bamboo Grill) Applicant/Owner: Joann Soonduck Kim / Ranch Town Center, LLC Request: Recommendation: Approval, subject to conditions, and adoption of Resolution No. 11 -24. The Senior Planner delivered the staff report. For the establishment of a Type 41 (On -sale Beer and Wine — Eating Place) ABC license in conjunction with an existing restaurant within the General Commercial (GC) Zone. Chair Massa -Lavitt opened the public hearing. Applicant/Owner Joann Kim, 408 Galleon Way, provided brief background about herself and stated the request for a Type 41 ABC license resulted from requests from customers, and as an effort to improve her business. She clarified the license is for beer and wine. There being no speakers, Chair Massa -Lavitt closed the public hearing. There were no comments from the Commissioners. Goldberg moved, second by Everson, to approve Conditional Use Permit 11 -10, and adopt Resolution No. 11 -24, as presented. AYES: Massa - Lavitt, Everson, Galbreath, Goldberg NOES: None ABSENT: Cummings Motion Carried The Assistant City Attorney advised that the adoption of Resolution No. 11 -24 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. DIRECTOR'S REPORT The Director of Development Services highlighted an item for the September 7, 2011 agenda (Historical /Cultural Overlay Zone) indicating that staff will not be presenting a code amendment at that time, but will provide options for the Commission to discuss and provide direction. The Pre - Zoning Request will be continued to at least October 5, 2011, as staff has not received the necessary information from Los Angeles and Orange County. The Director briefly commented on actions taken by City Council regarding code amendments, discussed minor modifications made by Council, and stated the code amendments passed by City Council on August 8, 2011 will take effect September 7, 2011. COMMISSION CONCERNS Commissioner Galbreath was concerned about the number of vacation rentals operating without business licenses. Commissioner Goldberg thanked the Commission for their patience during his first meeting. ADJOURNMENT Chair Massa - Lavitt adjourned the meeting at 10:15 p.m. Approved: Attest: ■//' Deputy ity Clerk Chair Deputy City Clerk Page 6 — Planning Commission 08/17/11