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HomeMy WebLinkAboutItem 2 EA(' ITEM NUMBER _ 1 " ' PLANNING COMMISSION 2 S NcgcFoRey STAFF REPORT TO: Planning Commission FROM: Director of Community Development MEETING DATE: SEPTEMBER 6, 2016 SUBJECT: APPROVAL OF MINUTES RECOMMENDATION: Approve the minutes for the Planning Commission meetings held on August 15, 2016. Prepared by: A u . • ed by: (Tj . ' 1 AA - 4 Alirr -obin L. Roberts Ji ':asham V City Clerk Di : tor of Community Development Attachment: 1. Minutes City of Seal Beach — Planning Commission August 15, 2016 Chair Cummings called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Commissioner Campbell led the Salute to the Flag. ROLL CALL Present: Commissioners: Cummings, Machen, Campbell, Thomas Absent: Commissioners: Klinger Staff Present: Jim Basham, Director of Community Development Amy Greyson, Assistant City Attorney Crystal Landavazo, Senior Planner Steven Fowler, Assistant Planner Robin Roberts, City Clerk APPROVAL OF AGENDA With no objections, Chair Cummings so ordered the approval of the agenda as presented. ORAL COMMUNICATIONS Chair Cummings opened oral communications. Speakers: Seth Eaker spoke regarding upcoming community events. There being no further requests to speak, Chair Cummings closed oral communications. CONSENT CALENDAR 1. Approval of Planning Commission Meeting Minutes of July 18, 2016. Motion by Campbell, second by Machen, to approve the Planning Commission minutes of July 18, 2016. AYES: Cummings, Machen, Campbell NOES: None ABSTAIN: Thomas ABSENT: Klinger Motion carried 2. Approval of Planning Commission Meeting Minutes of August 1, 2016. The approval of the Planning Commission minutes of August 1, 2016 were continued to the September 6, 2016 Planning Commission meeting. Page 2 — Planning Commission 8/15/2016 NEW BUSINESS 3. Zone Text Amendment (ZTA) 15-1 Commercial Zones Citywide Applicant: City of Seal Beach Request: Zone Text Amendment (ZTA 15-1) an Ordinance of the City of Seal Beach amending Title 11: Zoning of the City of Seal Beach Municipal Code regarding allowable incidental business activities. The amendment relates to rules and procedures governing amplified and unamplified entertainment as an incidental business activity. Recommendation: That the Planning Commission hold a public hearing regarding Zone Text Amendment (ZTA) 15-1 and after considering all evidence and testimony presented adopt Resolution No. 16-19 recommending to City Council approval of ZTA 15-1. Director of Community Development Jim Basham presented a comprehensive overview of the item including background and City Council's request for Planning Commission review and recommendations. He spoke about the measures taken to balance the needs of both the residents and business community. Director Basham further discussed operational standards and additional conditions that have been included in the proposed ordinance for Planning Commission consideration. He concluded that staff recommends that the Planning Commission adopt Resolution No. 16-19. Commissioner Campbell asked if staff wanted to outlaw dancing noting the proposed stage restrictions. Director Basham referenced requirements of the permitting process for a stage. Chair Cummings opened the public hearing and suspended the five minute speaking limit. Speakers: Seth Eaker spoke regarding his concerns of what constitutes an incidental business activity, solo performers need for a business license, and permit transfers. He stated he concurred with staff's recommendation of ambient music and sound level standards. He referenced that his suggestions were submitted via email. Ronde Winkler commented regarding the incidental use permit indicating Face Painters such as those that attend the Arts and Crafts show should not be required to obtain a permit. Robert Goldberg spoke regarding his concerns that staff did not capture the directives regarding the following three issues: Ambient noise, consequences for non-renewal of a permit and if the Planning Commission is required to hear each annual permit renewal. John Dominique concurred with the previous speakers, spoke regarding the federal rights of street performers and the need for stages/platforms for performers. There being no one present to speak, Chair Cummings closed oral communications. Director Basham provided clarifications regarding the questions that were brought forward by the Planning Commission and speakers. Page 3 — Planning Commission 8/15/2016 Assistant City Attorney Greyson clarified that the Planning Commission does not have jurisdiction over the business license process or requirements. Commissioners Thomas and Campbell both commented on their concerns with the documents provided for review indicating they were inconsistent or confusing. At the inquiry of Chair Cummings, Assistant City Attorney Greyson provided clarification of solo performers and business licensing and permitting requirements. Chair Cummings then asked the Planning Commission to provide direction on the City Councils four basic questions: 1. Should a business be required to obtain an incidental use permit for a solo performer? The Planning Commission concurred the answer is NO. 2. Should the City require that a business with ambient music be required to obtain an incidental entertainment permit? The Planning Commission concurred the answer is NO. 3. Determine if a noise standard performance level should be introduced such as maintaining a sound measurement level of 15 to 25 decibels along with a distance separation when commercial uses are adjacent to residential or other sensitive use areas? The Planning Commission concurred that the sound measurement level should be maintained at 50 decibels. 4. Determine if the annual renewal provision should be reduced. The Planning Commission concurred with staff's recommendation as provided in the proposed ordinance. Motion by Machen, second by Cummings, to adopt Resolution No. 16-19 recommending to City Council approval of ZTA 15-1 with the amendments reflected by discussion and the revised documents provided, recommending clarification that there is no prohibition for 12 months unless the Planning Commission denies the permit and to delete the word "ambient" from the ordinance. Commissioner Campbell asked that the matter be returned with the recommended changes prior to voting on the item. Vice Chair Machen commented that the changes and discussion made tonight provided clarity and City Council will have the opportunity to view such changes and recommendation. AYES: Cummings, Machen NOES: Campbell, Thomas ABSENT: Klinger Motion Failed Page 4— Planning Commission 8/15/2016 Motion by Campbell, second by Thomas, to direct staff to bring back a cleaned up version so that the Planning Commission can review it because there have been so many changes tonight that are significant (proposed ordinance). AYES: Machen, Thomas, Cambell NOES: Cummings, Thomas ABSENT: Klinger Motion Carried Motion by Machen, second by Thomas to continue consideration of Zone Text Amendment (ZTA 15-1) to the Tuesday, September 6, 2016 Planning Commission meeting. AYES: Machen, Thomas, Cambell NOES: Cummings, Thomas ABSENT: Klinger Motion Carried PUBLIC HEARING There were no Public Hearing items. DIRECTOR'S REPORT Director Basham spoke regarding the Planning Directors Association Annual Forum and invited up to two Commissioners to attend. Commissioner Thomas indicated that he would attend and Commissioner Campbell stated that she would like to go if Commissioner Klinger wanted to attend. COMMISSION CONCERNS There were no Commissioner concerns. ADJOURNMENT With no objections, Chair Cummings adjourned the Planning Commission meeting to Tuesday, September 6, 2016 at 7:00 p.m. Robin L. Roberts, City Clerk Approved: Esther Cummings, Chair Attest: Robin L. Roberts, City Clerk