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HomeMy WebLinkAbout1 - Approve PC Min 2012-03-14 City of Seal Beach - Planning Commission March 14, 2012 Chair Massa-Lavitt called the special meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, March 14, 2012. The meeting was held in the City Council Chambers and began with the Salute to the Flag led by Commissioner Goldberg. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Cummings, Everson, Galbreath, Goldberg Staff Present: Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Anita Chapanond, Deputy City Clerk PUBLIC HEARING 1. Seal Beach Housing Element—Adopt Resolution No. 12-5 recommending to the City Council that it adopt a Housing Element with one or more of the 7 sites forwarded for consideration by the AdHoc General Plan/Local Coastal Plan Citizens Advisory Committee. The Senior Planner delivered the staff report — provided background information regarding the Housing Element to date. John Douglas, consultant, provided a PowerPoint presentation ("Housing Element Update') and indicated that a supplemental staff report was delivered to the Planning Commission earlier that day. Some highlights from the presentation include: • 2 key issues: 1) Special Needs housing — permanent emergency shelters and transitional/supportive housing; 2) Growth needs to accommodate Regional Housing Needs Allocation (RHNA) • Fair share growth needs, or RHNA: City needs to demonstrate it has adequate capacity to accommodate this growth — 19 units. • RHNA allocations are planning targets, not construction quotas — no penalty imposed if development does not occur • Lower income portion of RHNA: state law mandates that appropriate zoning for this type of housing is a density of 20 units/acre or more • City must demonstrate it has identified appropriate sites to accommodate RHNA or amend existing zoning regulations to do so — AdHoc General Plan/Local Coastal Plan Citizens Advisory reviewed 26 potential sites — forwarded 7 sites for consideration by Planning Commission and Council Page 2 — Planning Commission 03/14/12 • Housing Element will not change zoning for any of the potential sites — it identifies which sites will be considered for that zoning change at a future date • Amount of land to be re-zoned depends upon the density chosen for that land when zoning is changed • Presented aerial images of the 7 sites proposed • Comments from State review letter: Seal Beach Shores Mobilehome Park not eligible for RHNA credits as they are existing units — will receive credit for two units that were replaced during the planning period Chair Massa-Lavitt opened the discussion for the commission: • Commissioner Goldberg: questioned whether multi-family housing was required in addition to the 20 units/acre requirement - Mr. Douglas clarified that multi-family housing, in this context, referred to the physical type of housing such as condominium ownership or rentals — state law specifically refers to density and that zoning allows either ownership or rental housing. Mr. Douglas continued with the second portion of his presentation — stated there should be no RHNA carryover from the previous period — clarified that at least 10 units (50%) must be on exclusively residential zoning when referring to mixed use zoning (overlay zone) — development standards commensurate with density to be yielded for the site — state density bonus law: cities must provide incentives should developer volunteer affordable housing above threshold. • Commissioner Everson: questioned if HCD uses a criteria or ranking system when considering sites — Mr. Douglas clarified that there is no specific criteria, but rather the use of judgment is involved when analyzing a site. • Commissioner Massa-Lavitt: asked for clarification regarding parking requirements for 0-1 units — Mr. Douglas clarified that density bonus law affords the City to offer reduced parking requirements as incentives for affordable housing projects. Chair Massa-Lavitt opened the public hearing. Speakers: Bruce Monroe, member of AdHoc GP/LCP Citizens Advisory Committee, urged Planning Commission to consider elevation concerns when reviewing sites; Shirley Broussard, Senior Consulting Pastor of SWARM & Associates, stated interest in providing transitional housing and to consider property ownership of potential sites; Ron Casey, board member of RCSD and Shops at Rossmoor AdHoc Committee, spoke in opposition to the Shops at Rossmoor site and asked Planning Commission to reconsider; Schelly Sustarsic, College Park East, spoke in opposition to the Shops at Rossmoor site, iterated concerns regarding parking and traffic congestion, believe commercial potential would be diminished; Joyce Parque, Old Town, questioned why grant monies used towards low income recipients does not count towards RHNA (City tried, but State denied); Michael Maynard, RCSD board member, spoke in opposition to Shops at Rossmoor site; Page 3 - Planning Commission 03/14/12 Commissioner Goldberg, read a letter on behalf of Mario lacoboni, wrote in opposition of the ARCO site as it is currently in the early stages of remediation. Commission comments and inquiries: • Commissioner Massa-Lavitt: inquired about maintenance of affordability and whether a future seller would receive market rate for the property, or if the subsequent owner would also have to qualify for affordable housing — Mr. Douglas indicated that it is dependent upon agreements made such as deed restrictions or language for sponsoring agency to recapture value. • Commissioner Galbreath: questioned why the State Lands and Sunset Aquatic Park properties are being considered when they do not belong to City — Mr. Douglas clarified that there is no distinction between public and private properties for inclusion on this list of sites, the City does not take ownership of any of these potential sites, but rather exercises regulatory power for planning and zoning. • Commissioner Everson: questioned whether HCD is more likely to accept a property if privately owned versus publicly owned — Mr. Douglas clarified that privately owned sites are more typical, but there is no preclusion; received clarification on whether Accurate Storage site was in the Boeing Specific Plan — the Senior Planner clarified that it is not in the Boeing Specific Plan and is zoned as Light Industrial. The Commission began discussion on each of the 7 sites forwarded by the AdHoc GP/LCP Citizens Advisory Committee: Commissioner Goldberg recused himself and left the Council Chambers at 9:02 p.m. due to a potential conflict of interest under the Political Reform Act (resides within 500 feet of Marina Park Expansion site). #5 — Marina Park Expansion site Discussion: Commissioner Galbreath - concerns regarding potential contamination; Commissioner Everson - mixed signal may be construed with current park grant application being submitted; Commissioner Cummings — favors sending more options in an effort to get certification. Consensus of opinion to have site remain on the list, 3-1. IN FAVOR: Cummings, Galbreath, Massa-Lavitt OBJECT: Everson Commissioner Goldberg returned to the Council Chambers at 9:08 p.m. #11 — Shops at Rossmoor Discussion: Commissioner Massa-Lavitt — site would be potentially zoned for half the density of the adjacent property (RHD-46); Commissioner Goldberg — to address concerns from the audience, indicated the City has contracted out for a traffic impact study (which will include potential housing development). Page 4 — Planning Commission 03/14/12 Consensus of opinion to have site remain on the list, 5-0. IN FAVOR: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt OBJECT: None #12 — State Lands Property (1st & PCH) Discussion: Commissioner Cummings — concerned with flooding of the area and inclusion into the Los Cerritos Wetlands; Commissioner Galbreath — had concerns with Wetlands as well; Commissioner Goldberg — questioned what the elevation is (regardless, would have to comply with flood certification if developed). Consensus of opinion to have site remain on the list, 5-0. IN FAVOR: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt OBJECT: None #14 — 1701 Adolfo Lopez (Accurate Storage) Discussion: Commissioner Cummings — spoke in favor of this site being proposed; Commissioner Massa-Lavitt — would be a great mixed density use; Commissioner Goldberg — concerned with loss of revenue from a commercial property; Commissioner Everson — concerned that building already exists there and HCD may not be in favor of that. Consensus of opinion to have site remain on the list. 4-1. IN FAVOR: Cummings, Galbreath, Goldberg, Massa-Lavitt OBJECT: Everson #15 - Boeing parking lots along Westminster Ave. Discussion: Commissioner Everson — questioned if this site was designated for emergency shelters (Mr. Douglas clarified that it has been proposed, but HCD has not yet accepted the designation). Consensus of opinion to have site remain on the list, 5-0. IN FAVOR: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt OBJECT: None #19 — Sunset Aquatic Park Discussion: Commissioner Cummings — concerns with preserving wildlife and not in favor of construction near the refuge; Commissioner Goldberg — inquired about ancillary property next to parking/storage lot (Mr. Douglas clarified that boundaries are preliminary). Consensus of opinion to have site remain on the list, 5-0. IN FAVOR: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt OBJECT: None Page 5 - Planning Commission 03/14/12 #24 — Former ARCO service station Discussion: Commissioner Cummings — too small of a site and not in favor of keeping on the list; Commissioner Massa-Lavitt — number of years before cleaned up; Commissioner Goldberg — spoke about ongoing remediation plan, more strict clearance standards should property be remediated to residential standards; the Assistant City Attorney indicated correspondence was received from the owners of the property (BP) — they did express concern, but not objection, to the inclusion of the site in the Housing Element. Consensus of opinion to have site remain on the list, 0-5. IN FAVOR: None OBJECT: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt The Commission began deliberation on each of the remaining sites discussed by the AdHoc GP/LCP Citizens Advisory Committee: #18 — DWP Site Discussion: Commissioner Goldberg — reiterated that property would qualify, need to strike language of multi-family, would not need to mandate it as affordable, just need the density (Mr. Douglas confirmed that neither state law nor HCD requires affordability; it requires density - at the discretion of the Council to impose affordability requirements, if volunteered by developer, to then provide incentives). Commissioner Everson inquired if this would complicate the current EIR process for that property and if open space for the Specific Plan would be affected (no complications, no effects foreseen); Mr. Douglas clarified that the state established a "default density" as a proxy for affordability. Consensus of opinion to have site added to the list, 5-0. IN FAVOR: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt OBJECT: None #20 — Old Ranch Golf Course Discussion: Commissioner Massa-Lavitt — would require redesign of golf course; Commissioner Galbreath inquired why it was not included on the list. Consensus of opinion to have site added to the list, 2-3. IN FAVOR: Everson, Galbreath OBJECT: Cummings, Goldberg, Massa-Lavitt Public Hearing - Additional Speaker(s): Shirley Broussard, Senior Consulting Pastor of SWARM & Associates, spoke about concerns regarding sites that will actually be developed. There being no other speakers, Chair Massa-Lavitt closed the public hearing. Motion by Goldberg, second by Everson, to adopt Resolution No. 12-5 recommending to the City Council that it adopt a Housing Element including Page 6 — Planning Commission 03/14/12 exhibit "A" with the following sites forwarded for consideration: (1) Marina Park Expansion site, (2) Shops at Rossmoor, (3) State Lands Property — 1st & PCH, (4) 1701 Adolfo Lopez Road "Accurate Storage", (5) Boeing parking lots along Westminster, (6) DWP Site, and (7) Sunset Aquatic Park; and to strike the "multi- family" language from Program 1a. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney indicated that approval of Planning Commission Resolution No. 12-5 will be forwarded to the City Council for final action (April 9, 2012 City Council meeting). 2. Zone Text Amendment 12-1 regarding Residential Care Facilities — Adopt Resolution No. 12-6 recommending to the City Council the approval of Zone Text Amendment 12-1 regarding Residential Care Facilities. The Assistant City Attorney delivered the staff report — this amendment essentially cleans-up existing language to conform to state law and existing practices under Title 11 of the Municipal Code, and fulfill Program 5d of the Housing Element. Chair Massa-Lavitt opened the public hearing. Speakers: Shirley Broussard, Senior Consulting Pastor of SWARM & Associates, spoke about concerns regarding homeless persons and received clarification about the amendment. There being no other speakers, Chair Massa-Lavitt closed the public hearing. Commission comments and inquiries: • Commissioner Goldberg received clarification regarding the location of the LC/RMD zone — Seal Beach Blvd. south of PCH, on the westerly side, area between Electric Avenue and PCH (only area in the City with this zoning). Motion by Everson, second by Galbreath, to adopt Resolution No. 12-6 recommending to the City Council the approval of Zone Text Amendment 12-1 regarding Residential Care Facilities. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney indicated that approval of Planning Commission Resolution No. 12-6 will be forwarded to the City Council for final action (April 9, 2012 City Council meeting). ADJOURNMENT Chair Massa-Lavitt adjourned the meeting at 10:16 p.m. Page 7 - Planning Commission 03/14/12 Deputy City Clerk Approved: Chair Attest: Deputy City Clerk NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended before final approval. Because it is being made available prior to final action,it should not be considered a true record of the meeting. It is not the official Minutes of the Planning Commission and cannot be relied on or used as an official record of the proceedings.Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved,a copy can be obtained from the City Clerk.