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HomeMy WebLinkAboutPC Min 2013-04-03 City of Seal Beach - Planning Commission April 3, 2013 Chair Massa-Lavitt called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers and Commissioner Sloan led the Salute to the Flag. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Goldberg, Campbell, Cummings, Sloan Staff Present: Jim Basham, Director of Community Development Jerry Olivera, Senior Planner Crystal Landavazo, Assistant Planner Quinn Barrow, City Attorney Tina Knapp, Deputy City Clerk Linda Devine, City Clerk APPROVAL OF AGENDA Cummings moved, second by Campbell, to approve the agenda, as presented. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Speaker(s): Seth Eaker, 13th Street, reported that the Run Seal Beach event is April 13th — the last day to register is April 9th. Mr. Eaker also commended the City's police, Lion's, City staff, and volunteers for ensuring a safe St. Patrick's Day. There were no other speakers — Chair Massa-Lavitt declared oral communications closed. CONSENT CALENDAR Campbell moved, second by Cummings, to approve the recommended actions on the consent calendar, as presented. AYES: Campbell, Cummings, Massa-Lavitt, Sloan NOES: None ABSTAIN: Goldberg Motion Carried 1. Approved Planning Commission Meeting Minutes of March 20, 2013. SCHEDULED MATTERS No items at this time. Page 2 - Planning Commission 04/03/13 PUBLIC HEARINGS 2. Municipal Code Amendment (MCA) 13-1 [Citywide] Subject: Municipal Code Amendment (MCA) 13-1 regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking. Recommendation: That the Planning Commission review the proposed amendment to the Municipal Code, required pursuant to the certified 2008 Housing Element, and adopt the attached Resolution, Attachment `A', recommending City Council adoption of the amendment. The Director of Community Development introduced John Douglas, Housing Element consultant from J.H. Douglas & Associates. Most of the items before the Commission are implementation items from the Housing Element currently in effect (2008-2014). The first item has five sub-parts that have to do with zoning regulations pertaining to senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking. The first part is regarding senior, age-restricted housing and it makes regulations for senior housing the same as those for non-age restricted housing. Currently, there are limitations in senior housing that are not present for non-age restricted housing. State law requires that senior housing requirements be the same as those for non-age restricted housing. It was determined that the change to the City's ordinance was needed when the California Department of Housing and Community Develop (HCD) reviewed the current Housing Element — the City is required to standardize the requirements for both. Next, Single Room Occupancy (SRO) housing requirements: • Developed out of state law • Jurisdictions should accommodate a wide-variety of housing types as part of their zoning regulations • SRO's are typically lower income, very small, motel type size • Minimum unit size for one person is 150 square feet • Minimum unit size for two people is 175 square feet State law says that cities have to apply the same standards to transition and supporting housing facilities as they do to any type of conventional residential use. The difference between transitional and supportive housing is that supportive housing typically has services that go along with it. Supportive housing is typically targeted for people who need assistance with their daily living. Transitional and supportive housing does not change the regulations that apply to group homes/rehab facilities. It is currently required by state law that units within an affordable housing development that are studio and 1 bedroom are required to have one off-street parking space. In the ordinance, the City is conforming its regulations to meet this requirement. Page 3 - Planning Commission 04/03/13 As part of state law, every city in the state has to identify at least one zoning district where an emergency shelter can be established by a simple administrative procedure. The ordinance would conform the City's regulations to state law, establish definition in the Municipal Code, and establish the development standards of emergency shelters. The standards include a cap of 10 beds and require separation of emergency shelters of at least 300 feet and require the operator to submit a management plan including hours of operation, staffing, security, and intake. Emergency shelters are allowed on the Boeing property as part of the Boeing Specific Plan. Chair Massa-Lavitt opened the public hearing. Speakers: Seth Eaker, 13th Street, reported that the Chamber of Commerce has two issues with the proposed Municipal Code Amendment 13-1 language — the use of the word "hotels" in Section 11.4.05.127 and ensuring that the language in Section 11.6.05.010 does not conflict with the City's current policies regarding vacation rentals. Mr. Eaker also commented that the business community feedback in general seemed to support Boeing as the location for an emergency shelter. Rick Bennett, Blue Heron, is the Heron Pointe Homeowners Association president and indicated that neither he nor any of the neighbors he had spoken with received notice of tonight's public hearings; he was informed by his accountant, who lives in Island Village in Long Beach, that the Planning Commission was hearing issues related to the Boeing and Accurate Storage properties. He requested that the hearings be continued to a later date so that more residents could participate. Staff confirmed that 138 property owners within a 500-foot radius were mailed the hearing notice and that it was published in the "Sun" newspaper pursuant to Municipal Code requirements. This was beyond the minimum requirements in that the only requirement was to publish the notice in the paper. The City Attorney commented that there would be two other opportunities to speak on these items — at public hearings before the City Council. Four speakers voiced concern about the extent of noticing for this item and one voiced concern about traffic that would result from this item. One other speaker was opposed to the item before the Commission. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. It was clarified that if the Planning Commission takes no action on this item tonight that it is presented to the City Council as recommended for approval from the Commission pursuant to Section 11.5.15.020 of the Seal Beach Municipal Code. Postponing the hearing on this item would affect the timing in meeting the deadline for the Housing Element. The decision identifying the Boeing property as the location for possible emergency shelters was decided upon by the City Council last year. Page 4 - Planning Commission 04/03/13 After Planning Commission deliberation; Goldberg moved, second by Cummings, to adopt Resolution 13-4 adopting Municipal Code Amendment 13-1 regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking with direction to staff that two changes be made — ensure that the language in Section 11 .6.05.010 does not conflict with the City's current policies regarding vacation rentals and the word "hotel" be replaced with "units" in Section 11.4.05.127. Staff will also correct the error on page eight of Municipal Code Amendment 13-1, in Section 11 .6.05.010, where "due to a person's" language is repeated. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried With no objections, the Chair ordered that staff extend the mailing of notices of public hearings regarding Housing Element items at/near the Boeing property to the property owners in Heron Pointe. 3. Specific Plan Amendment 13-2 Boeing Integrated Defense Systems (BIDS) Specific Plan Area Subject: Specific Plan Amendment (SPA) 13-2 to the Boeing Integrated Defense Systems (BIDS) Specific Plan regarding emergency shelters. Recommendation: That the Planning Commission review the proposed amendment to the BIDS Specific Plan, required pursuant to the certified 2008-2014 Housing Element, and adopt the attached Resolution, Attachment 'A', recommending City Council adoption of the amendment and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program. Mr. Douglas provided the staff report on this item. The ordinance regarding MCA 13-1 amends the Municipal Code to allow emergency shelters. The Municipal Code references the development standards that would apply to emergency shelters and references the Boeing Specific Plan as the location within the City where they would be permitted subject to the development standards. This amendment is to the BIDS Specific Plan that would specifically allow emergency shelters as part of the regulations for the Specific Plan in three of the four planning areas. Mr. Douglas provided a map of the Boeing Specific Plan showing the four planning areas. The draft ordinance to amend the BIDS Specific Plan would allow the shelters to be located anywhere in Planning Areas 1, 2, and 3. Planning Area 4 is excluded as an option. Development standards include: • Maximum of 10 beds • Minimum 300 foot separation between shelters • Management Plan required (hours, staffing, security, etc.) Page 5 - Planning Commission 04/03/13 The permission of the property owner would be required to build an emergency shelter, the City does not build emergency shelters — they are built by private or non-profit entities. The property owner retains control of the property. No emergency shelter would be established unless the landowner was to sell or lease property for this purpose. There is no state law specifying number of beds, other than the general requirement that cities have to be able to accommodate the estimated number of homeless population. 10 beds was chosen because it was at the small end of the range that is typically being considered in cities in Orange County. Chair Massa-Lavitt opened the public hearing. Speakers: Seth Eaker, 13th Street, reported that the Chamber of Commerce would support staff's recommendation that Planning Area 1 be used for this purpose; in addition, he commented on Accurate Storage as commercial industrial space and the Chamber would generally support the recommendations, but would ask for consideration that light industrial/commercial be continued on this property. Marc Loopesko, Old Town, asked for clarification as to what would happen if the City denied all of these zone changes — what is the state's penalty to any given municipality. The City Attorney advised that historically the two main concerns surrounding adopting of the Housing Element are that building permits City-wide could be suspended by the state and that City-wide funding can be withheld. Mr. Douglas advised that the state has said that any city that does not implement these ordinances will not be eligible to receive certification of 2008-2014 Housing Element —the current Housing Element will be out of compliance — and the 2013- 2021 Housing Element will not be eligible for certification. Rick Bennett, Blue Heron, indicated again that neither he nor any of the neighbors he had spoken with received notice of tonight's public hearings. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. Mr. Douglas advised that the more restrictive a City is, the greater the scrutiny from the HCD. Commissioner Goldberg indicated he would prefer to limit the zoning to Planning Area 1, but if the Commission moved forward with all three planning areas then he would like to postpone the hearing until residents of Heron Pointe could attend. Commissioner Sloan concurred with Goldberg. After Planning Commission deliberation; Cummings moved, second by Campbell, to adopt Resolution 13-5 adopting Specific Plan Amendment 13-2 to add emergency shelters to list of permitted uses in the Boeing Integrated Defense Systems (BIDS) Specific Plan. AYES: Campbell, Cummings, Massa-Lavitt NOES: Goldberg, Sloan Motion Carried Page 6 - Planning Commission 04/03/13 With no objections, Chair Massa-Lavitt called for a recess at 8:51 p.m. and reconvened the meeting at 9:00 p.m. 4. General Plan Amendment (GPA) 13-3 Zoning Map Amendment (ZMA) 13-4 1011 Seal Beach Boulevard (Accurate Storage) Subject: General Plan Amendment and Zoning Map Amendment for a 4.5 acre parcel at 1011 Seal Beach Boulevard to implement Program 1a of the 2008 — 2014 Housing Element of the City's General Plan. Recommendation: That the Planning Commission review the proposed General Plan and Zoning Map amendments for the Accurate Storage property, pursuant to the certified 2008 Housing Element, and adopt the attached Resolution, Attachment 'A', recommending City Council adoption of these amendments and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program. Mr. Douglas indicated in the previous Housing Element cycle the City was not able to demonstrate that it had enough sites for high density housing to meet its fair-share need. In order to obtain certification of the Housing Element, the City was required to commit to adopting one or more zone changes that would create additional high density zoning to meet the minimum requirement. The City had a shortfall of 19 high density housing units. The City was required to identify a site(s) that could accommodate at least 19 housing units. There was a lengthy vetting process reviewing a variety of sites, including the Shops at Rossmoor and the Boeing property. The Accurate Metals, now Accurate Storage, property is 4.5 acres in size and an environmental review was done and a mitigated negative declaration was posted for the project. The environmental review that was done was for the maximum development that could occur, which is for 90 residential units — derived from 4.5 acres times 20 units per acre, which is the maximum density allowed in the RHD zone. This amendment would allow the owner to redevelop to residential should he so choose. A traffic study was done for the project and concluded that if the project were developed at the maximum 90 unites there would be no significant traffic impacts. Chair Massa-Lavitt opened the public hearing. Speakers: Jim Caviola, Ocean Avenue, indicated he felt developing 90 units was too many when only 19 were required, another location should be found for this requirement, and that Heron Pointe should have been notified of this hearing. Another speaker also felt 90 units were too many when only 19 were required. Two other speakers were opposed to the item before the Commission and felt another location should be found. Michelle Gamble, Blue Heron, indicated that neither she nor any of the neighbors she had spoken with received notice of tonight's public hearings. She also opposed the item before the Commission. Page 7 - Planning Commission 04/03/13 Alisha Patterson, Rattan & Tucker, spoke as the representative for the property owner. The owner of the property supports the rezoning of the property to residential on the condition that MCA 13-5 be adopted, allowing him to continue using his property for industrial use purposes. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. Chair Massa-Lavitt indicated she felt the Shops at Rossmoor parking lot is a better site for this purpose. Staff indicated that the radius point used for the public hearing notice included homes in Heron Pointe towards the end of the cul- de-sac. After Planning Commission deliberation; Goldberg moved that the public hearing be deferred to the next meeting — motion failed as no second was made. Sloan moved that Resolution 13-6 be approved with the recommendation to City Council that the property be zoned for both high density residential (limited to what is required in the Housing Element) and low density residential use — motion failed as no second was made. Goldberg moved that Resolution 13-6 be denied and recommend to the City Council that Boeing create a Planning Area 5 (one acre) for the purpose of zoning for residential units — motion failed as no second was made. Campbell moved, second by Cummings, to adopt Resolution 13-6 adopting General Plan Amendment 13-3 and Zoning Map Amendment 13-4 and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program regarding the property located at 1011 Seal Beach Boulevard and designating said property for Residential High Density Use. AYES: Campbell, Cummings NOES: Goldberg, Massa-Lavitt, Sloan Motion Failed No other motion was made; therefore, the item is forwarded to City Council as a recommendation for approval pursuant to Section 11 .5.15.020 of the Seal Beach Municipal Code. 5. Municipal Code Amendment (MCA) 13-5 [Citywide] Subject: Municipal Code Amendment (MCA) 13-5 regarding non- conforming uses Recommendation: That the Planning Commission review the proposed amendment to the Municipal Code regarding the standards and procedures for non-conforming uses, and adopt the attached Resolution, Attachment 'A', recommending City Council adoption of the amendment. Mr. Douglas reported that this item reflects the City's desire to move forward with the Accurate Storage site in a manner that the property owner can support. MCA Page 8 - Planning Commission 04/03/13 13-5 indicates that non-conforming uses may continue indefinitely even though they do not conform to the zoning. Chair Massa-Lavitt opened the public hearing. Speakers: Alisha Patterson, Rattan & Tucker, spoke as the representative for the property owner. MCA 13-5 is important to the owner so that he can continue using his property for industrial use purposes. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. After Planning Commission deliberation; Sloan moved, second by Cummings, to adopt Resolution 13-7 adopting Municipal Code Amendment 13-5 regarding nonconforming uses and structures. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried DIRECTOR'S REPORT The Director of Community Development stated that the Request for Proposal deadline for the Local Coastal Program deadline passed; proposals were received, interviews will be held, and Staff will recommend action to the City Council in the near future. The deadline for the Request for Proposal for the restaurant space at the end of the pier ends April 12th. Several interested parties have contacted the property management company and indicated they will submit proposals. COMMISSION CONCERNS Staff was asked to provide each Commissioner with the sections of the Municipal Code relevant to planning. Staff was asked to look at improving the process of noticing for public hearings — consider placing 1/4 page ads in the "Sun". ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 10:22 p.m. Deputy City Cler Approved: f � ' 4 %IT?) Chair Attest: ---/ tjHN itr Deputy City Clerk