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Home My WebLink AboutPC AG 2013-02-06 #1City of Seal Beach - Planning Commission January 16, 2013 Chair Massa-Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. in the City Council Chambers and led the Salute to the Flag. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Campbell, Cummings, Everson, Goldberg Staff Present: Jim Basham, Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Linda Devine, City Clerk APPROVAL OF AGENDA With no objections, Chair Massa-Lavitt so ordered the approval of the agenda as presented. ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. There being no speakers, Chair Massa-Lavitt declared oral communications closed. CONSENT CALENDAR Goldberg moved, second by Cummings, to approve the recommended actions on the consent calendar as presented. AYES: Cummings, Goldberg, Massa-Lavitt NOES: None ABSTAIN: Campbell, Everson Motion Carried 1. Approved Planning Commission Meeting Minutes of December 19, 2012. 2. Adopted Resolution No. 12-43 approving Minor Use Permit 12-7 – two exterior ATM’s for a proposed Chase Bank at 12151 Seal Beach Boulevard. The Assistant City Attorney advised that the adoption of Resolution No. 12-43 approving MUP 12-7 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins tomorrow morning. Chair Massa-Lavitt introduced and welcomed Patty Campbell, new planning commission representative for Council District Four. Page 2 - Planning Commission 01/16/13 SCHEDULED MATTERS 3. Reorganization of Planning Commission – Election of new Chairperson and Vice-Chairperson for 2013 and appoint a Planning Commission representative to the AdHoc General Plan/Local Coastal Plan Citizens Advisory Committee. Everson nominated Sandra Massa-Lavitt as the 2013 Chair, second by Cummings. AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried Everson nominated Esther Cummings as the 2013 Vice-Chair, second by Massa- Lavitt. AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried Goldberg nominated Patty Campbell as the Planning Commission representative on the AdHoc General Plan/Local Coastal Plan Citizens Advisory Committee, second by Massa-Lavitt. AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried PUBLIC HEARINGS Conditional Use Permit 12-26 Property: 12240 Seal Beach Blvd. 4. (Continued from December 19, 2012) Applicant: Kohan & Kohan Enterprise Associates, Inc. c/o Alcoholic Beverage Consultants Owner: Kohan & Kohan Enterprise Associates Request: For the establishment of a Type 20 (Off-Sale Beer & Wine – Package Store) ABC license, within the General Commercial (GC) zone at 12240 Seal Beach Boulevard (Mobil Gas Station and Car Wash). Recommendation: Continue to Planning Commission meeting of February 6, 2013. The Senior Planner stated that the applicant has informed staff that they are requesting an additional 30 day continuance of this item. Staff recommended th this item be continued to the February 6 Planning Commission meeting. Cummings moved, second by Everson, to continue this item. Chair Massa-Lavitt stated that this will be the last continuance for this CUP. AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried Page 3 - Planning Commission 01/16/13 Conditional Use Permit 12-19 Property: 12101 Seal Beach Blvd. 5. Applicant: Don Ikeler, c/o Chick-fil-A Owner: CPT Shops at Rossmoor, LLC Request: For a Conditional Use Permit (CUP) to allow a drive- through facility in conjunction with a proposed Chick-fil-A restaurant. Recommendation: Approve CUP 12-19, subject to conditions. (Resolution No. 12-30) The Senior Planner provided a brief staff report: The subject property is an existing 21,000 sq. ft. parcel in a commercial zone; a community meeting was held and staff received feedback from those that attended; applicant was required to provide a noise and traffic analysis; and staff recommends approval subject to conditions and recommends modification of Condition 23 to read – “Trash and restaurant/food retailer waste shall should be placed in separate bins. Food waste shallshould be recycled. Bailer(s) shall also be on site for all cardboard waste.” Commission comments/concerns: Clarifications: The restaurant can be there by right and only the drive-thru is being considered at this time; Condition 8 was the result from the traffic impact analysis (access evaluation of driveway in 6 to 12 months after opening); and would prefer to keep the word “shall” – no other restaurants are required to recycle (separate bins) – the Director of Community Development indicated the language remain and can be implemented when trash haulers provide separate bins – City Attorney recommended to add “contingent”. Chair Massa-Lavitt opened the public hearing. Speakers: Don Ikeler, applicant – development manager, stated they would be okay with the change in language to Condition 23; Rich Barito, representative from Linscott, Law, and Greenspan, provided background on the traffic analysis; and 3 speakers spoke in opposition to the CUP. Chair Massa-Lavitt closed the public hearing. After Commission deliberation; Cummings moved, second by Everson, to adopt Resolution No. 12-30 approving CUP 12-19 subject to conditions – amending Condition 23 to read: “Trash and restaurant/food retailer waste shall be placed in separate bins and recycled, when such service is available from the City’s franchised waste hauler.” AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the adoption of Resolution No. 12-30 approving Conditional Use Permit No. 12-19 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins tomorrow morning. Page 4 - Planning Commission 01/16/13 Conditional Use Permit 12-24 Property: 1499 Seal Way 6. Applicant: Rose Hennings Owner: Martin Greenspun Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1499 Seal Way. Recommendation: Deny Conditional Use Permit 12-24. (Resolution No.12-37) The Senior Planner provided a brief staff report: The subject property is an illegal non-conforming three-story triplex (all units have 3 bedrooms and 2 bathrooms). Staff does not believe that the physical layout and dwelling unit concentration of the site is adequate for a vacation rental property due to the lot density, issues regarding noise, and with the issue of illegal parking – staff recommends adoption of Resolution 12-37 denying CUP 12-24. Chair Massa-Lavitt opened the public hearing. Speakers: Joseph Rowen, representing owner Martin Greenspun (resides in New York), provided the background for the request of CUP 12-24; Rose Hennings, applicant/on-site manager, added additional information supporting the CUP; 11 speakers spoke in opposition of approving the CUP and 4 speakers expressed they were in favor; and Mr. Rowen spoke in rebuttal. Chair Massa-Lavitt closed the public hearing. Commission comments/concerns: Illegal parking issue; complaints of trash; long history of concerns/complaints; enforcement is placed on neighbor complaints; concerned with number of occupants; cannot overlook the history of the property as a rental; and does not benefit the community. Goldberg moved, second by Campbell, to adopt Resolution No. 12-37 denying Condition Use Permit 12-24. AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the adoption of Resolution No. 12-37 denying Conditional Use Permit No. 12-24 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins tomorrow morning. With no objections, Chair Massa-Lavitt called for a recess at 10:22 p.m. and reconvened the meeting at 10:30 p.m. Cummings moved, second by Massa-Lavitt, to extend the duration of the meeting to consider the remainder of agenda items. AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried Page 5 - Planning Commission 01/16/13 Conditional Use Permit 12-25 Property: 1205 Seal Way 7. Applicant: Scherri Pearson Owner: Scherri Pearson Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1205 Seal Way. Recommendation: Deny Conditional Use Permit 12-25. (Resolution No.12-38) The Senior Planner provided a brief staff report: The subject property is an illegal non-conforming two-story duplex (3 bedrooms/2 bathrooms in downstairs unit and 2 bedrooms/2 bathrooms in upstairs unit) with a single two car garage – currently the owner lives in the upstairs unit. Staff does not believe the site is physically adequate – insufficient parking (off-site) and recommends denial of CUP 12-25. Chair Massa-Lavitt opened the public hearing. Speakers: Phil Smith, husband of applicant, provided the background for the request for a CUP; Scherri Pearson, applicant/owner, stated there is not a parking issue, only rent to families, no less than a week at a time, and was available to answer questions; 1 speaker in favor of CUP and 2 speakers opposed; and Mr. Smith responded to comments made and agrees with using garage for parking cars not for storage. Chair Massa-Lavitt closed the public hearing. Commission comments/concerns: Clarification – CUP is only for the downstairs unit to be used as short term vacation rental; need to review the CUP’s on a regular basis; parking does not appear to be an issue; condition that the upstairs unit remain for on-site manager; can CUP’s expire/sunset or be reviewed in 5 years; need to address the concerns of the speakers, condition to limit 2 adults and 4 children under 18 years of age, and possible parking issue if owners have a second car. Chair Massa-Lavitt re-opened the public hearing. The applicant stated that they are not opposed to any of the concerns that the Commission stated. Goldberg moved, second by Everson, to continue the public hearing and directed staff to provide a resolution to approve Conditional Use Permit 12-25, with conditions for the next regular Planning Commission meeting. AYES: Campbell, Cummings, Everson, Goldberg, Massa-Lavitt NOES: None Motion Carried DIRECTOR’S REPORT No report. COMMISSION CONCERNS Chair Massa-Lavitt requested staff look into the queuing at the In-N-Out Burger restaurant. Page 6 - Planning Commission 01/16/13 ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 11:34 p.m. City Clerk Approved: Chair Attest: City Clerk