Loading...
HomeMy WebLinkAboutItem 1PLANNING COMMISSION STAFF REPORT TO: Planning Commission ITEM NUMBER FROM: Interim Director of Community Development MEETING DATE: AUGUST 21, 2017 SUBJECT: APPROVAL OF MINUTES i RECOMMENDATION: Approve the minutes for the Special Planning Commission meeting held on June 27, 2017 Prepared by: Pr�. AL L `�A?wpn) ?* d A;t° Robin Roberts City Clerk Attachment: 1. Minutes Approved by: stal La avaz Interim Director of Community Development City of Seal Beach — Planning Commission June 27, 2017 Chair Machen called the special meeting of the Planning Commission to order at 7:01 p.m. in the City Council Chambers. Commissioner Thomas led the Salute to the Flag. ROLL CALL Present: Commissioners: Machen, Thomas, Aguilar, Klinger, Campbell Absent: Commissioners: None Staff Present: Amy Greyson, Assistant City Attorney Crystal Landavazo, Interim Community Development Director Steven Fowler, Assistant Planner Michael Ho, Deputy Director of Public Works Robin Roberts, City Clerk APPROVAL OF AGENDA With no objections, Chair Machen so ordered the approval of the agenda as presented. ORAL COMMUNICATIONS Chair Machen opened Oral Communications. Speakers: None. Chair Machen closed oral communications. CONTINUED PUBLIC HEARING 1. Environmental Impact Report and Conditional Use Permit 16 -7 12411 Seal Beach Boulevard Applicant: Marty Potts Request: Request for certification of Final Environmental Impact Report (Final EIR) and approval of Conditional Use Permit (CUP) 16- 7 to construct a 37,000 sq. ft. health club ( fitness center) at City of Seal Beach Planning Commission Agenda • June 19, 2017 12411 Seal Beach Boulevard within the Shops at Rossmoor in the General Commercial (GC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 17 -15, certifying the Final Environmental Impact Report with a Mitigation Monitoring Reporting Program and approving Resolution No. 17 -16 approving Conditional Use Permit 16 -7 with Conditions. Chair Machen explained the procedure for the continued public hearing, indicating that if anyone testified at the public hearing on June 19, 2017 they will not be permitted to speak again tonight. Speaker will be given three minutes to speak. Assistant Attorney Greyson summarized some of the issues before the Planning Commission and explained the role and responsibilities as Planning Commissioners. Indicating there are two Resolutions for the Commissioners to take action on: to decide whether to certify the final EIR (Environmental Impact Report) for the project and whether to approve the CUP. The Commission's decision tonight is final unless appealed within the 10 day appeal period set forth in the City Code. Assistant Planner Fowler presented a comprehensive staff report. Additionally, he explained why the public hearing was a continued item. Laura Stetson from MIG in Pasadena indicated there was an environmental impact report (EIR) to analyze four particular topics which included; air quality, greenhouse gas, a traffic report and a technical noise report. Construction impacts were also incorporated into the project. Commissioner Thomas disclosed that he visited the site on several occasions. In addition, he contacted the traffic engineer to discuss Montecito Road and possible modifications. Commissioner Aguilar disclosed that he visited the shopping center but also indicated that he lives in the area and is there almost every day. Assistant Planner Steve Fowler clarified for Commissioner Aguilar that a parking analysis wasn't required because the center's parking meets code requirements. Chair Machen indicated she visited the site on numerous occasions over the last couple of months. Commissioner Campbell indicated she visited the site in addition to shopping at the site. Commissioner Klinger indicated she visited the site. The applicant, Marty Potts, presented to the Commission. He described the community outreach efforts undertaken by the project, including holding three open houses and conducting a community survey. He presented testimonials submitted by community members in support of the project, and discussed community concerns and how they will be addressed. Commissioner Aguilar asked Mr. Potts for the final height of the building walls when accounting for mitigation of HVAC noise. Mr. Potts responded that the perimeter walls of the building would be 25 feet high, with the architectural entry element going up to 35 feet high. Commissioner Aguilar asked how the estimated number of average daily trips was determined. Andrew Fogg, member of the applicant's legal team, responded and cited the Institute of Transportation Engineers (ITE) manual. Commissioner Aguilar asked if the applicant had accident reports for streets other than Montecito Road. Mr. Potts responded that they brought only the report for Montecito Road, as Montecito Road was of particular concern to community members. Commissioner Aguilar asked how the estimated revenue in membership fees for the city was determined, and Mr. Potts responded that the fees in the presentation were not fees related to membership, but development fees paid to the city such as for permits. Commissioner Aguilar read aloud an email he received in support of the project, stating he received the exact same copy from multiple people. He asked how these letters were generated, to which Mr. Potts responded that the website allows people to voice their support for the project through submitting a form letter, and also noted that they were able to submit personalized testimonials as well. Chair Machen asked for the membership goal for this facility, to which Mr. Potts responded it was 6,500 -7,500 members. Chair Machen asked Mr. Potts if these numbers would still be conducive to the estimated 1,218 daily trips. City Engineer Ho provided supplemental information regarding the term "Average Daily Trips' (ADT) and how it is calculated. Chair Machen asked if consideration has been given to potentially altering operating hours, stated to be 5:OOam- 8:OOpm, so that nearby residents can have a longer period of quiet hours. Mr. Potts responded that early morning and late evening gym activity is low, but that such operating hours are meant to accommodate patrons with schedule constraints. He also stated that there are only two employees on duty early in the morning and late at night, and that there is a row of parking that could be designated employee parking which is not right next to the residences. Commissioner Campbell asked if Sprouts patrons who park behind Sprouts will still have access to these spaces. Mr. Potts replied that they will still be able to park there. Chair Machen then opened the Public Hearing. Joe McGlinchey, Rossmoor resident since 2002, spoke in support of the project and said that he and his wife Linda commute daily to downtown Los Angeles and have been waiting for a full service fitness center since the Rossmoor Athletic Club shut down. Linda also spoke in support of the project. Andrea Howe, Rossmoor resident and member of the Coalition Against LA Fitness ( CALAF), stated that coalition volunteers have collected over 1,500 signatures against the project, and noted a survey by the Sun newspaper indicates 91% of the community is opposed to the development. She outlined the presentation from CALAF, to be presented by multiple speakers. Rebecca Alley, Rossmoor resident, spoke regarding the ITE Trip Generation Manual. She said that some of the data is outdated, and cited studies she feels contradict information in the ITE manual. Diana Ortiz yielded her time to speaker Craig Maunders. Craig Maunders presented concerns about EIR trip counts, and stated that he felt the ITE Average Daily Trip (ADT) figure of 1,218 is flawed. CALAF estimates the number to be between 2,950 and 3,050 trips for the health club. Randy yielded his time to speaker Leland Jay. Leland Jay, Rossmoor resident, stated that he feels the EIR is faulty in regards to trip routing as it relates to 1) reported level of service, 2) preferred trip guidance, and 3) allocation of trip percentages. Leland Jay presented Google map searches and Mapquest searches that would direct the driver through residential streets when attempting to reach an area near the proposed project site. Ned Bryant presented on traffic safety, contending that the traffic study fails to address safety impacts to the Rossmoor Park Condos. Tony DeMarco, Rossmoor resident, presented regarding the noise study of the EIR, contending that the study is inaccurate and was based on faulty traffic assessments. He also stated that he feels there are errors in the analysis of outside noise impact on adjacent residential properties. Mr. DeMarco provided decibel readings that challenge certain decibel readings in the report (citing a stock Honda civic horn produced 81.5 decibels as opposed to the "model horn blast' of 47 decibels cited in the EIR). Chair Machen noted that the study's decibel readings are done from inside residences, not at the place of the sound. She asked if this is how these readings were done as well. Mr. DeMarco responded that the Honda reading was done inside the second floor of a unit. Sherry Wakouski, Rossmoor resident, yielded her time to Melissa Knievel. Melissa Knievel stated she feels the project negatively impacts quality of life because 1) gym goers will utilize residential streets to travel to the project site, 2) it exposes residents to the cumulative effect of 18 hours of noise pollution, and 3) the project is too close to a number of residents, as it is in the backyard of three major condo buildings with more than 600 units, and at least 1200 residents. She also stated that the trees which provide a buffer between residents and the parking lot will be removed by the developer (based on the project plans and drawings). Jason McHanson, of 12300 Montecito Road., said he feels the project does not meet the CUP requirement that the "location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood." Diane Rush, Rossmoor resident, said the project violates Finding number 5 of CUP requirements. She contends it is likely that actual occupancy hours will exceed 5am — 11 pm, which would be inconsistent with the general plan. She says she lived across the street from a 24 Hour Fitness from 1994 to 2007 and was part of Neighborhood Watch. She cited various "crime facilitators" or factors as being inherent to this project. She stated this project threatens to redefine the community as "urban." John Ceya, Rossmoor resident, spoke regarding his thoughts on criminal activity. He contended that health clubs, as compared to other retail business, introduce more crime. He asked the Commission if security detail and cameras will be available in the lot on a full -time basis. Vanessa Widener, Rossmoor resident, said she feels the project fails to meet requirements needed for CUP approval, as listed in Seal Beach Municipal Code 11.5.20.020. Moe Mohanna, Rossmoor resident, concluded the CALAF presentation and encouraged Council to take the presentation into careful consideration. Jessica, Rossmoor resident, stated that the project will make it unsafe for her and other children in the community to ride their bikes near the project site. Gary Miller, Seal Beach resident, said that the council's position on the project last July was misrepresented. He stated that last year the majority of the Council found the project incompatible with the community, and that he feels parking has not been adequately addressed and that the EIR should cover this topic. Shannon, Seal Beach resident, addressed the Commission in regards to the hospitals on Katella Avenue. She believes sales revenue generated from commercial sites will need to be used to mitigate transportation issues and provide better public transportation for people traveling from south Seal Beach to north Seal Beach in order to reach hospitals on Katella Avenue. Bob Zeto, Rossmoor resident, said that last year a Councilmember stated she voted against the project because she had previously voted for another fitness center that increased traffic more than was projected. Bertha De La Cruz, Rossmoor resident for 24 years, stated that she goes to LA Fitness in Garden Grove and she is opposed to the Seal Beach project. Rosemary Happelt, Rossmoor resident and former teacher at McGaugh Elementary, spoke in opposition to the project, citing traffic and safety concerns for local children. David Manning, Rossmoor resident, said he went to the Country Club when they were displaying photos related to the project's potential traffic impact. He said he spoke to a gentleman standing in front of one of the displays and asked where the proposed lane increase reverts back to the original three lanes, as Mr. Manning believed this would cause a bottleneck. He said the man replied that he does "not care what happens before or after," but was only concerned about the section where the lanes were increased. Bob Satanary, who lives on Copa de Oro Dr., spoke in opposition to the project and suggested the lot be used instead for a PetSmart dog park. Mark Nickman, Rossmoor resident, spoke in opposition to the project. He said he feels the traffic numbers provided by the developer may be inaccurate, since the ITE study cites numbers from an undisclosed location, and therefore may not be comparable to this project site. Ali Hasakiyama, Rossmoor resident, spoke in opposition to the project, citing traffic, pollution, and danger to children riding their bikes. Dr. Laura Forest, Rossmoor resident, spoke in opposition to the project and said traffic was already busy near the project site during school drop -off hours. Isla Burnes, Rossmoor resident, spoke in opposition to the project. She expressed safety concerns for herself and other children who ride their bikes in the area. Richard Glassman, retired peace officer, said that LA Fitness hires "convicted felons," and that this should be of concern to the community. Taylor Howe, Rossmoor resident, and Kirsten Roder, Seal Beach resident, spoke in opposition to the project. They cited concerns related to increased traffic and traffic safety for children. Bev Houghton, president of Rossmoor Homeowners Association, spoke in opposition to the project and said the developer has ignored Rossmoor's concerns. Tom Pontact, Leisure World resident, spoke in support of the project, citing health benefits for patrons of the gym. Beth Pyburn, Seal Beach resident, spoke in opposition to the project and cited concerns related to parking, specifically for visitors of residents living next to the site. Susan Taylor, Rossmoor resident, spoke in opposition to the project, citing traffic safety concerns. She described previous personal experiences in which fire engines were blocked by cars that were not following traffic laws. Zan Carasis, Seal Beach resident for 35 years, spoke in opposition to the project. He cited health concerns for retired residents who have trouble sleeping, and who he feels may not be able to sleep in the morning due to the gym's operating hours. Dave Pell, a Seal Beach resident and LA Fitness member for 30 years, spoke in support of the project. Katie, Rossmoor resident, spoke in opposition to the project. She stated that LA Fitness was not the right fit for Rossmoor, and also cited traffic and traffic safety concerns. Luisa Valderama, Rossmoor resident, spoke in opposition to the project and cited concerns about reduced quality of life for children in the area. Shannon Brennan, Leisure World resident, spoke in support of the project. She stated that she feels the developer has met CUP requirements and that quality of life for gym patrons will be improved by the project. Zoe Hagman, Rossmoor resident, spoke in opposition to the project. She said that other gyms near Leisure World offer the Silver Sneakers program. Craig Sandburg, Seal Beach resident, spoke in opposition to the project. He stated that he feels traffic is already a problem in this area, and expressed concerns about access for firetrucks and ambulances. He also stated that he believes the proposed project site would be a staging area for OCFA fire trucks during a fire. Dawn Kramer, Rossmoor resident, spoke in opposition to the project, citing traffic safety and crime concerns. As there were no further speakers, Chair Machen asked the applicant if he would like to respond. Tim Paone, the applicant's attorney, responded on behalf of the applicant. Regarding concerns about increased crime, Mr. Paone responded that there is not a causal link between LA Fitness and crime. Regarding traffic, Mr. Paone stated that were the estimated number of visits were raised to 4,000 and the traffic flow changed so that most exits were projected for Montecito Road (as opposed to Seal Beach Blvd.), then Montecito and St. Cloud would still be at Level of Service (LOS) of A or B, and Seal Beach Blvd. would still operate at LOS D. He noted that these were his own calculations which he had discussed with the traffic engineers, and are not officially part of the study. He stated that the traffic issues which are already experienced near the proposed project site will be mitigated by the developer as part of the project itself, but not outside of the project's approval. Commissioner Thomas asked what the operating hours are for all the LA Fitness facilities in the area. A representative from LA Fitness responded that operating hours vary between 4:OOam to 12:OOam, and 5:OOam to 11:00pm. Assistant Attorney Greyson clarified for Commissioner Thomas regarding the difference between the two actions being voted on in this session. Commissioner Thomas asked staff if the traffic study was reviewed by the staff engineer and met city standards. Deputy Public Works Director Ho stated that Seal Beach retained the services of Advantec to review the report. Jose Guedes, Advantec Senior Project Manager, responded that the report had been reviewed and was found to follow city guidelines. There being no additional speakers or questions from the Commission, Chair Machen closed the public hearing. Chair Machen asked for attachments referenced in the CALAF presentation. City Clerk Roberts responded that she was given one notebook to keep on file which has the full set of attachments. The notebook was then passed around for the Commission to review. Commissioner Klinger thanked the staff for their work on the EIR and for providing mitigation suggestions. Commissioner Campbell stated that she felt Gary Miller's comments should have been included in the EIR. She commented that the noise report does not address noise from people coming and going early in the morning and late in the evening, and that noise between 5:00am to 7:00am and 8:00am to 11:00pm is disruptive to families. She also stated that she feels the EIR should address parking data. She said she was concerned that though the parking meets city requirements, it may not be enough for gym patrons, based on the parking at the LA Fitness located on the corner of Valley View St. and Chapman Ave. She also expressed concern that this project would create hardship for the community that uses the lot for their overflow parking. She stated that Seal Beach Blvd. is the city's only through north /south street, and does not have any side streets to alleviate excess traffic. She also stated that the alternatives listed in the EIR are not sufficient, and that she would suggest an office building as an alternative land use. Commissioner Campbell concluded by stating that she does not have enough data to make an informed decision, and that the EIR should not be certified. Commissioner Klinger responded that the CUP, not the EIR, is the appropriate place for discussing parking as it relates to the project. She also stated that she feels the EIR adequately addresses its required elements. Commissioner Thomas concurred that the EIR meets its requirements. Thomas moved, second by Klinger, to approve Resolution 17 -15. Commissioner Aguilar agreed with Commissioner Campbell that the issues of parking and traffic are relevant to the EIR. Commissioner Thomas responded that he believes the project team went through the process correctly. Interim Director Landavazo provided information on points raised during the Commission discussion. She commented that while observations made by volunteers were valid, the data was not subject to the same methodology and analysis required by an official traffic study, and was not equivalent to the information reviewed by staff. Interim Director Landavazo advised that parking was assessed as part of the project and would be addressed in the CUP, but was not included in the EIR because it was not a CEQA requirement. She advised that the alternative uses listed in the EIR were reviewed by the Environmental Quality Control Board (EQCB), and were found to meet CEQA standards. She also stated that relocating the health club to another part of the shopping center was not found to be viable. She clarified that the letter from Gary Miller was included in Section 9 of the final EIR. Commissioner Campbell moved, as a substitute motion, not to certify the EIR, based on incomplete noise data, missing parking data, incomplete data on alternatives, and missing comments from Gary Miller in the report. Substitute motion died for lack of a second. Assistant Attorney Greyson clarified that Gary Miller's letter can be found on Chapter 9, page 134, and that the letter was incorporated into the EIR and received a response. Commissioner Campbell responded that the comments were there but the letter was not. Interim Director Landavazo responded that the letter is provided on page 9 -131 of the EIR. Commissioner Campbell stated that there were two letters and that only one was included in the EIR. Interim Director Landavazo responded that she had understood that there were two copies of the letter submitted within one day of each other, one emailed and one hand - delivered, and that the content was essentially the same. Motion to approve Resolution 17 -15, a resolution of the Seal Beach Planning Commission certifying the final EIR for the project, making findings pursuant to CEQA, and adopting a Mitigation Monitoring Reporting Program. AYES: Klinger, Thomas, Machen NOES: Campbell, Aguilar ABSENT: None ABSTAIN: None Motion Carried Motion by Klinger to adopt Resolution 17 -16, a resolution to approve CUP 16 -7 to construct and operate a 37,000 square foot health club at an existing shopping center at 12411 Seal Beach Blvd. within the General Commercial (GC) zoning area. Commissioner Thomas asked if it is possible to have a probationary approval of operating hours, and hold a mandatory review before the Planning Commission after six months. Assistant Attorney Greyson confirmed the Council could add such a condition to the CUP. Commissioner Thomas commented that people should be discouraged from using Montecito Road to enter the site, and suggested changing one of the entrances off Montecito Road into a cul -de -sac. He also suggested that another lot entrance could be altered to improve traffic flow. Commissioner Klinger asked if it would be possible to give the CUP operating hours a probationary period of one year. Commissioner Thomas responded that he prefers six months. Commissioner Campbell asked if LA Fitness would agree, after the probationary period, to shorten operating hours if the public was dissatisfied. Assistant Attorney Greyson clarified that this would be an approved CUP, but that the condition would be to evaluate the operating conditions only. Commissioner Aguilar questioned whether they want to initiate the project, stating that it can't be undone afterwards, regardless of how operating hours are evaluated. Chair Machen commented that she takes issue with Finding number four of the CUP. She also commented that the hours of operation and close proximity of the project to residences could be in conflict with Finding number five. Commissioner Klinger commented that there are parts of the community that would support and find use for the project, specifically Leisure World. Commissioner Campbell replied that Leisure World is a gated community and does not have drivers passing through. Commissioner Aguilar commented that he feels the issues of crime and noise are not within the control of LA Fitness or the city, but that he is concerned with issues related to traffic and traffic safety. He also noted that this may be a year -round concern, since schools in Los Alamitos will be moving towards a year -round schedule. Motion by Klinger, second by Thomas, to adopt Resolution 17 -16 approving CUP 16 -7 with conditions. AYES: Klinger, Thomas NOES: Campbell, Machen, Aguilar ABSENT: None ABSTAIN: None Motion Denied Assistant Attorney Greyson advised that Chair Machen would need a motion to direct staff to create a resolution of denial, since there is no such resolution in the staff report. Motion by Machen, second by Aguilar, to direct staff to return with a resolution to deny CUP 16 -7 on the basis that Findings numbers four and five could not be made based on the hours of operation, traffic and safety, and detriment and incompatibility with adjacent residential uses. AYES: Campbell, Machen, Aguilar NOES: Klinger, Thomas ABSENT: None ABSTAIN: None Motion Carried Interim Director Landavazo advised that the next regularly scheduled Planning Commission meeting is July 3, 2017, and asked if there would be a quorum on this date. As there would be no quorum, the Commission decided to cancel the July 3, 2017 meeting and meet on July 17, 2017. SCHEDULED MATTERS There were no scheduled matters on the agenda. NEW BUSINESS There were no new business items on the agenda. DIRECTOR'S REPORT No items. COMMISSION CONCERNS There were no Commission concerns. ADJOURNMENT With no objections, Chair Machen adjourned the meeting until July 17, 2017 at 7:00pm. Approved: Attest: Deb Machen, Chair Robin L. Roberts, City Clerk Robin Roberts, City Clerk