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Home My WebLink AboutPC Min 2012-08-15 City of Seal Beach - Planning Commission August 15, 2012 Chair Massa-Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, August 15, 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: Greg Hastings, Interim Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Anita Chapanond, Deputy City Clerk APPROVAL OF AGENDA Motion by Cummings, second by Massa-Lavitt, to approve the agenda as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Speakers: Mike Buhbe, Old Town resident, spoke regarding rooftop deck features (distinction between accessories versus amenities), believes language should be drafted in a strictly constructive manner, and reiterated his belief in the intent of Measure Z. There being no additional speakers, Chair Massa-Lavitt declared oral communications closed. CONSENT CALENDAR Motion by Goldberg, second by Everson, to approve the consent calendar as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried 1. Approve Planning Commission Meeting Minutes of August 1, 2012. SCHEDULED MATTERS There were no matters for consideration at this time. Page 2 — Planning Commission 08/15/12 PUBLIC HEARING 2. Conditional Use Permit 12-3 1033 Pacific Coast Highway Applicant: John G. and Yongping T. Bonn Owner: Columbia Regency Retail Partners, LLC Request: For the establishment of a foot, body, and facial massage business within the Service Commercial (SC) zone. Recommendation: Approve CUP 12-3, subject to conditions. The Senior Planner delivered the staff report — indicated the type of use is permitted within the Service Commercial zone — the property is located at Pacific Coast Highway and Boise. The Senior Planner highlighted regulations from the municipal code and changes made to state law — applicant will employ only state certified massage therapists —the police department had no issues regarding this application — conditions placed are adequate. The Senior Planner also discussed parking within the retail center — applicant has applied for parking reduction — there are restrictions on types of businesses like restaurants or per station businesses like salons, but this does not include massage businesses. Commission Questions and Comments: • Commissioner Everson: received clarification regarding the redundancies of conditions #8-10, 12 and if they were met by health/building codes (intentionally redundant, and are compliant); condition #16, clarified as to prohibit training or class types (business/operation training would be okay, purpose it to prohibit training on how to massage); received clarification regarding condition #22 pertaining to obscuring window transparency (windows only located on front side of business — treatment rooms are wall locked). • Commissioner Cummings: inquired whether the new parking stalls (Shorehouse area) solved the parking problem (it helped alleviate, but did not eliminate). • Commissioner Goldberg: received clarification regarding condition #6 — does state require license to be posted (City attorney indicated that municipal code requires business to display each permit); received additional clanfication regarding condition #8 - additional versus unadvertised services, condition #15 - prescription drugs, condition #17 — regarding advertising, and whether felons/criminals could be state certified (the City Attorney indicated that the CUP will run with the land, and City is not trying to be unreasonable). • Commissioner Galbreath: inquired about condition #16 and what the consequences of not being properly certified are on the individual versus Page 3 - Planning Commission 08/15/12 the business — wants to avoid prolonging (potential misdemeanor and revocation of CUP). • Commissioner Massa-Lavitt: inquired whether state certifications included inspections (the City Attorney indicated the State does not actively police —would need to done at a local level initially). Chair Massa-Lavitt opened the public hearing. Speakers: John G. and Yongping T. Bonn, applicants, reiterated that they will employ only state certified massage therapists, which requires fingerprinting — stated they want to run a clean establishment — in response to Commissioner Everson, they do not have any issues with conditions being placed — in response to Commissioner Cummings regarding displaying permits, applicants indicated the massage therapist's picture and permit are part of the display. There being no other speakers, Chair Massa- Lavitt closed the public hearing. Commission Discussion: • Commissioner Goldberg: would like to add condition to include posting the permit/certificate and picture of the massage therapist (redundant to Chapter 5.45 of municipal code). The City Attorney indicated he would utilize the language from the municipal code to draft the condition regarding posting of permit/certificate and picture; read revised language regarding condition #8 (...No unadvertised service shall be performed and no fee shall be charged or collected for services other than those posted. All arrangements for services to be performed shall be made in a room in the massage establishment that is not used for the administration of the massages. No person shall, after the commencement of any service for any customer, inform the customer that additional unadvertised service is available, or ask to inquire of the customer whether he or she desires any additional unadvertised service to be performed...) Motion by Everson, second by Goldberg, to approve Conditional Use Permit 12- 3, and adopt Resolution No. 12-13, as amended (new condition regarding posting permit/certificate and picture; modified condition #8). AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12-3 and adoption of Resolution No. 12-13 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. Page 4— Planning Commission 08/15/12 3. Conditional Use Permit 12-4 112 8th Street Applicant: Dun and Kim Ha Owner Dun and Kim Ha Request: For the establishment of a short-term vacation rental property within the Residential High Density (RHD-20) zone at 112 8th Street. Recommendation: Approve CUP 12-4, subject to conditions. The Senior Planner delivered the staff report —the property was built 6 years ago as a legal, conforming, three-story, attached duplex — the property became non- conforming with regard to height due to Measure 7' in 2008 — there are two two- car garages with adequate space to park an automobile in front of each garage, totaling 6 on the premise. Commission Questions and Comments: • Commissioner Everson: received clarification regarding condition #7 — allowing 2 individuals per bedroom, plus an additional 2 individuals (there is adequate parking/space to accommodate, only front unit is for vacation rental); inquired about condition #12 — language from City Council ordinance for tenants to leave by 12:00pm (the purpose is to provide adequate time to turnover unit, similar to a hotel). • Commissioner Goldberg: indicated he was in agreement with the number of individuals allowed to stay in the vacation rental; for consistency, would like immediately adjacent neighbors to be notified of contact information and conditions of approval. • Commissioner Everson: indicated that this vacation rental differs from the one most recently approved by Commission because the manager/property owner will be on-site. Chair Massa-Lavitt opened the public hearing. Speakers: Mr. Dun Ha, owner/applicant, mentioned that they built their place from the ground-up — they are selective with tenants — have good relationships with their neighbors, whom have their telephone numbers — utilize a detailed rental contract, which has been updated to reflect conditions — reassured that garage is kept empty — list of occupants are listed in contract — highlighted check in and out times — and indicated they do not want to hear parties or a lot of noise from the rental unit considering they live in the attached unit; David Friedman, Old Town resident, had concerns regarding the public hearing notice, believes short term vacation rentals hurt the neighborhood, and will not help parking situation; Robert Beck, owner of vacation rentals, asked for clarification regarding conditions being placed; Al Kim, Old Town resident, owns a triplex, stated concerns regarding propensity for illegal rentals, conduciveness to transient community; Nancey Page 5 - Planning Commission 08/15/12 Kredell, Old Town resident, stated problems she had previously endured with her long term rental tenants; Hazel Dodson, Old Town resident, inquired about requirements for public hearing notifications. There being no other speakers, Chair Massa-Lavitt closed the public hearing. Motion by Cummings, second by Galbreath, to approve Conditional Use Permit 12-4, and adopt Resolution No. 12-14, as amended (added Condition #21 — Prior to the occupancy of the first short term vacation tenant, the property owner shall deliver to the owners of the immediately adjacent properties, the telephone number referenced in Condition #16 and a copy of this resolution). AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12-4 and adoption of Resolution No. 12-14 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 4. Conditional Use Permit 12-5 1620 Ocean Avenue Applicant: Kye and Elena Osti Owner Kye and Elena Osti Request: For the establishment of a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1620 Ocean Avenue. Recommendation: Continue to Planning Commission meeting of September 5, 2012. The Senior Planner stated that subsequent to noticing the public hearing, the owners indicated they would be unavailable to attend the meeting — recommended continuance of the item. Chair Massa-Lavitt opened the public hearing. Speakers: Nancey Kredell, Old Town resident, spoke positively regarding her neighbors (applicants/owners), and stated she had no issues with their vacation rental. There being no additional speakers, Chair Massa-Lavitt closed the public hearing. Motion by Cummings, second by Goldberg, to continue the item to the Planning Commission meeting of September 5, 2012. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried Page 6 — Planning Commission 08/15/12 5. Conditional Use Permit 12-5 137 14th Street Applicant: Kye and Elena Osti Owner: Kye and Elena Osti Request: For the establishment of a short-term vacation rental property within the Residential High Density (RHD-20) zone at 137 14th Street. Recommendation: Continue to Planning Commission meeting of September 5, 2012. The Senior Planner stated that subsequent to noticing the public hearing, the owners indicated they would be unavailable to attend the meeting — recommended continuance of the item. Chair Massa-Lavitt opened the public hearing. Speakers: Al Kim, Old Town resident, suggested that a cap be placed on the number of vacation rentals. There being no additional speakers, Chair Massa-Lavitt closed the public hearing. Motion by Cummings, second by Everson, to continue the item to the Planning Commission meeting of September 5, 2012. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried DIRECTOR'S REPORT The Interim Director stated that Chick-Fil-A has submitted their application for a CUP, and that Dollar Tree is expected to open mid-September; provided a status update regarding building activity for fiscal year 2011-12 (1700+ building permits issued, 7.5% reduction from previous year, but valuation on those building permits went up by 26%; 7 single family homes were built); asked the Senior Planner to provide a status update regarding the signage at the tattoo establishment — Senior Planner indicated that owner had a temporary banner permit that has since expired, the sign is complete, staff has extended permit for an additional 30 days to allow time for owner to hire contractor and install sign. COMMISSION CONCERNS Commissioner Galbreath inquired about the physical addresses of the Chick-Fil- A and Dollar Tree that will be opening (12104 Seal Beach Blvd. in Shops at Rossmoor and 13960 Seal Beach Blvd. in Seal Beach Village, respectively); inquired about the status of Rite-Aid (submission of application was expected by end of summer); announced restrictive traffic on Seal Beach Blvd. (bridge over I- 405) commencing on August 19, 2012, and lasting for approximately one year. Page 7 - Planning Commission 08/15/12 Commissioner Massa-Lavitt received clarification regarding ULTA, beauty supply store, opening next to Staples (the former STATS store has been divided into 3 smaller lease spaces, which will be occupied by Staples, ULTA, and PetSmart). Commissioner Cummings inquired about the opening date for Toys/Babies R Us (no firm opening date, but drawing near). Commissioner Goldberg received clarification regarding language in ordinance — short term vacation rentals were to be limited to Old Town area only (The City Attorney provided clarification regarding the incorrect terminology used in the ordinance — Planning Areas derived from General Plan, Planning Area 1 contains Old Town and includes Bridgeport — Planning Districts are derived from the old zoning code which are still used in Title 11, Planning District 1 contains Old Town without Bridgeport). ADJOURNMENT Chair Massa-Lavitt adjourned the meeting at 9:15 p.m. Deputy ity Clerk Approved: /O%1 1/4v 471*. Chair Attest: Deputy Ci y Clerk