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Home My WebLink AboutPC AG PKT 2014-10-06 #1 SEA�'e9, ITEM NUMBER s 1 t PLANNING COMMISSION -� STAFF REPORT TO: Planning Commission FROM: Director of Community Development MEETING DATE: October 6, 2014 SUBJECT: APPROVAL OF MINUTES RECOMMENDATION: Approve the minutes for the Planning Commission meeting held on July 16, 2014. Prepared by: jDector ved by: Lin Devine asham City Clerk of Community Development Attachments: 1. Minutes City of Seal Beach - Planning Commission July 16, 2014 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 Cummings led the Salute to the Flag. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Campbell, Cummings, Goldberg, Sloan Staff Present: Jim Basham, Director of Community Development Steven L. Flower, City Attorney Crystal Landavazo, Senior Planner Will Chen, Community Development Department Linda Devine, City Clerk APPROVAL OF AGENDA The City Attorney requested that item "2" be re-ordered to be considered after item 'A". Campbell moved, second by Sloan, to approve the agenda as amended. AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Speaker(s): Joyce Parque, 6th Street, reiterated her concerns regarding the change to municipal code (Title 11� that would not allow additions to non-conforming houses; and Seth Eaker, 11t Street, expressed his support to item "2" (change of meeting day), reminded everyone of the Lions' Fish Fry on July 19th and 20th, and stated that the Centennial Logo Contest deadline to submit designs is July 28th. There being no other speakers, Chair Massa-Lavitt declared oral communications closed. Commissioner Goldberg inquired about the number of variances issued related to this section of the municipal code. CONSENT CALENDAR Chair Massa-Lavitt stated that the minutes will be approved separately since not all Commissioners were present at the June 18th meeting. 1 . Approval of Planning Commission Meeting Minutes of May 21, 2014 and June 18, 2014. Page 2 - Planning Commission 07/16/14 Sloan moved, second by Campbell, to approve the minutes of May 21, 2014. AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried Cummings moved, second by Goldberg, to approve the minutes of June 18, 2014. AYES: Cummings, Goldberg, Massa-Lavitt NOES: None ABSTAIN: Campbell, Sloan Motion Carried SCHEDULED MATTERS (Re-ordered to be considered after item "4') 2. Planning Commission Meetings — Discussion regarding changing the regular meetings from the 1St and 3rd Wednesday of the month to the 1St and 3rd Monday of the month. PUBLIC HEARINGS 3. Continued Item - Conditional Use Permit (CUP) 14-3 (308 Main Street) Applicant: Stacy Tomaselli Property Owner: Henry K. Warno Request: Conditional Use Permit 14-3 requesting a personal improvement fitness studio on the ground floor facing Main Street within the Main Street Specific Plan area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 14-4, approving Conditional Use Permit 14-3 with Conditions. Commissioner Sloan recused himself from this item due to his residence is within the 500 foot radius and left the council chambers at 7:24 p.m. The Senior Planner reviewed the background and analysis that was presented at the June 18, 2014 Commission meeting; provided additional information regarding the last two fitness studio uses in the Main Street Specific Plan area; and included the revised conditions that the applicant has agreed to. Clarification was given regarding time of classes, size of classes, and parking. Condition No. 9: In-Lieu Parking Fee date was amended to start August 1St. Commissioner Goldberg reviewed his study and data regarding the parking availability concerns. The Director explained that the study presented is not a qualified observation. Chair Massa-Lavitt opened the public hearing. Speakers: Scott Levitt, representing the applicant, was present to help guide the applicant get through the CUP process; Seth Eaker, representing Beach Fitness, Inc., stated their support of approval of CUP 14-3; Nancey Kredell, Seal Way, expressed her concerns regarding the parking problem in Old Town and is not in favor of CUP Page 3 - Planning Commission 07/16/14 14-3; Mike Buhbe, Central Way, recommended a valet service be provided in Old Town on Fridays and Saturdays; Charles Antos, 3rd Street, provided his opinion regarding the in-lieu parking program; and Scott Levitt concluded that the applicant has agreed to all the conditions in CUP 14-3. There being no other speakers, Chair Massa-Lavitt closed the public hearing. The Commission deliberated, received clarification, and expressed their comments regarding in- lieu parking program and the change of time and size of classes. Cummings moved, second by Campbell, to adopt, as amended (Condition No. 9), Resolution No. 14-4 entitled "A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 14-3 TO PERMIT A FITNESS STUDIO AND RETAIL USE AT 308 MAIN STREET ON THE GROUND FLOOR FACING MAIN STREET IN THE MAIN STREET SPECIFIC PLAN AREA". AYES: Campbell, Cummings, Massa-Lavitt NOES: Goldberg ABSTAIN: Sloan Motion Carried The City Attorney advised that the adoption of Resolution No. 14-4 denying CUP 14-3 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins July 17, 2014 and ends at 5:00 p.m. on July 28, 2014. Commissioner Sloan returned to the council chambers at 8:35 p.m. 4. Conditional Use Permit (CUP) 14-4 114 A Surfside Ave Applicant: CPR Landholdings, Inc. Property Owner: CPR Landholdings, Inc. Request: Conditional Use Permit 14-4 requesting to legalize non-permitted construction within a two-car garage and to allow an alternative parking configuration in a non-conforming structure. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 14-5, denying Conditional Use Permit 14-4. The Senior Planner presented the overview for this item indicating the subject property has been the subject of on-going code enforcement efforts since May 2011 — the owners constructed an elevator in the garage without obtaining city permits or inspections. The property remains non-compliant due to the lack of the required on-site parking and the owners were given a notice to either reconvert the garage to the original condition or request approval from the Planning Commission for structural alteration to a non-conforming structure - this would be a request for a conditional use permit because of the property does not provide for the required setback. The owners submitted an application for an alternative parking arrangement that would require the removal of the existing shower in the ground floor bathroom and allow the elevator to remain in place. Staff has reviewed the application and cannot find that the proposed parking Page 4 - Planning Commission 07/16/14 arrangement to be applicable to the Municipal Code, does not meet the definition for tandem parking, and is not compatible with the characteristic and existing development in the Surfside Colony. Staff provided clarification for the Commissioners. Chair Massa-Lavitt opened the public hearing. Speakers: Mark Tundis, attorney for the applicant/owners, presented the background and justification for their request; KC Coultrup, resident and architectural review board representative for Surfside Colony, stated they strongly oppose the approval of CUP 14-4; John & Sandy Kriss, Surfside Avenue, also expressed opposition to CUP 14-4; Robert Richardson, applicant, expressed his arguments regarding the on-going issue; and Mark Tundis, presented final comments. There being no other speakers, Chair Massa-Lavitt closed the public hearing. Commissioners deliberated the issue and received further clarifications from staff and the applicant's attorney. The Director stated that there is a code enforcement case regarding the illegal elevator and the Planning Commission does not have the authority to take any action regarding the elevator and the decision before the Commission is for the construction of an alternative parking structure. The City Attorney elaborated that the Commission can only determine the findings for the CUP. Goldberg moved, second by Cummings, to adopt Resolution No. 14-5 entitled "A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT 14-4 FOR A STRUCTURAL ALTERATION AND ALTERNATIVE PARKING CONFIGURATION FOR A NONCONFORMING BUILDING AT 114 A SURFSIDE AVENUE". AYES: Campbell, Cummings, Goldberg, Massa-Lavitt NOES: Sloan Motion Carried The City Attorney advised that the adoption of Resolution No. 14-5 denying CUP 14-4 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins July 17, 2014 and ends at 5:00 p.m. on July 28, 2014. SCHEDULED MATTERS 2. Planning Commission Meetings — Discussion regarding changing the regular meetings from the 1St and 3rd Wednesdays of the month to the 1St and 3rd Mondays of the month. The City Attorney indicated that Resolution No. 14-6 was distributed to the Commissioners regarding the change of the Planning Commission regular meetings. Page 5 - Planning Commission 07/16/14 Cummings moved, second by Sloan, to adopt Resolution No. 14-6 entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH CHANGING ITS REGULAR MEETINGS TO 7:00 P.M. ON THE FIRST AND THIRD MONDAYS OF EACH MONTH". AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried The City Attorney stated the resolution will be forwarded to the City Council for confirmation pursuant to Section 3.10.010.0 of the Municipal Code and the next Planning Commission will be scheduled according to the confirmed resolution. DIRECTOR'S REPORT No report at this time. COMMISSION CONCERNS Chair Massa-Lavitt requested that the custodians not clean during the meetings because it is disruptive. ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 10:37 p.m. City Clerk Approved: Chair Attest: 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. City of Seal Beach - Planning Commission August 4, 2014 The regular Planning Commission meeting scheduled for this date was cancelled due to the lack of business items in need of consideration. (Res. No. 14-6 changed meetings to 1s`and 3rd Mondays of the month —confirmed by City Council on July 28, 2014— Res. No.6490) City Clerk City of Seal Beach City of Seal Beach - Planning Commission August 18, 2014 The regular Planning Commission meeting scheduled for this date was cancelled due to the lack of business items in need of consideration. City Clerk City of Seal Beach City of Seal Beach - Planning Commission September 2, 2014 The regular Planning Commission meeting scheduled for this date was cancelled due to the lack of business items in need of consideration. City Clerk City of Seal Beach City of Seal Beach - Planning Commission September 15, 2014 The regular Planning Commission meeting scheduled for this date was cancelled due to the lack of business items in need of consideration. 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