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Home My WebLink AboutAgenda Packet_04192021CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 19 April 2021 —7:00 PM ALL COMMISSIONERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE District 1 —Steve Miller –Chair District 2 —Ronde Winkler –Vice Chair District 3 —Michael Thomas District 4 —Patty Campbell District 5 —Mariann Klinger Department of Community Development Les Johnson,Community Development Director Marco Cuevas Jr.,Assistant Planner Isra Shah,Assistant City Attorney •City Hall office hours are 8:00 a.m.to 5:00 p.m.Monday through Friday.Closed noon to 1:00 p.m.Appointments only at this time. •The City of Seal Beach complies with the Americans with Disabilities Act.If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562)431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of meeting —meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD.Telephone:(562)596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public review on the City’s website at www.sealbeachca.gov. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE PLANNING COMMISSION MEETING To comply with Governor Newsom’s Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18,2020 the City of Seal Beach hereby gives notice of the “means by which members of the public may observe the meeting and offer public comment”for the Planning Commission meeting on April 19,2021.Due to the need for social distancing and the prohibition on public gatherings set forth in the County Health Officer’s Order,all participation in the above- referenced Meeting will be by teleconference for the Members of the Planning Commission,staff,and applicants.Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. PUBLIC COMMENT AND PUBLIC HEARING:Members of the public may submit comments on any item on this Planning Commission meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings.All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Planning Commission.Email comments received after that time will be posted on the City’s website and forwarded to the Planning Commission after the meeting. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda,re-arrange the order of the agenda,and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. PUBLIC COMMUNICATIONS (VIA EMAIL ONLY) At this time members of the public may address the Commission regarding the items on this Planning Commission agenda.Pursuant to the Brown Act,the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings before 6 pm on April 19,2021.Comments provided via email will be posted on the City website for review by the public.Any documents for review should be sent to the City Clerk prior to the meeting for distribution. CONSENT CALENDAR A.Planning Commission Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B.Conditional Use Permit (CUP 21-1) 2365 Seal Beach Boulevard #101 -102 Applicant:Scott Levitt Request:Request for a Conditional Use Permit (CUP 21-1)to allow the operation of a 3,000 square foot medical/chiropractic office located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR)zoning area. Recommendation:After conducting the Public Hearing,staff recommends that the Planning Commission adopt Resolution No.21-5,APPROVING Conditional Use Permit 21-1 with Conditions. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday,May 3,2021 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:April 19, 2021 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Les Johnson, Community Development Director SUBJECT:Approval of the March 8, 2021 Joint Special Meeting of the City Council and Planning Commission Minutes and the March 15, 2021 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Joint Special Meeting of the City Council and Planning Commission held on March 8, 2021 and the minutes of the Planning Commission meeting held on March 15, 2021 Prepared by: Approved by: Gloria D. Harper Les Johnson Gloria D. Harper Les Johnson City Clerk Director of Community Development Attachment: 1. March 8, 2021 Joint Special Meeting of the City Council and Planning Commission Minutes 2.March 15, 2021 Planning Commission Minutes 5 8 2 0 Seal Beach, California March 8, 2021 The City Council met for a Joint Special meeting of the City Council and Planning Commission at 5:40 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore Chair Miller Commissioners: Winkler, Thomas, Campbell, Klinger Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Philip L. Gonshak, Chief of Police Joe Bailey, Chief, Marine Safety Department Steve Myrter, P.E., Director of Public Works Les Johnson, Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority, Fire Division Chief ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that one (1) supplemental communication and two (2) emailed comments were received. Mayor Kalmick then closed oral communications. PRESENTATION A. Study Session: 2021 Housing Element Update Community Development Director Les Johnson introduced JHD Planning Consultant John Douglas who discussed the 2021 Housing Element Update. Council Members’ and Planning Commissioners’ questions and concerns were noted and addressed. No action was taken. 5 8 2 0 ADJOURNMENT Mayor Kalmick adjourned the Joint Special meeting of the City Council and Planning Commission at 6:49 p.m. _ __ Gloria D. Harper, City Clerk City of Seal Beach Approved: _____ Joe Kalmick, Mayor Approved: _____ Steve Miller, Chair Planning Commission Attested: ______ Gloria D. Harper, City Clerk City of Seal Beach – Planning Commission March 15, 2021 Chair Miller called the regular meeting of the Planning Commission to order at 7:00 p.m. via Teleconference. ROLL CALL Present: Commissioners: Miller, Winkler, Klinger, Thomas, Campbell Absent: None Staff Present: Isra Shah, Assistant City Attorney Les Johnson, Community Development Director Marco Cuevas, Jr., Assistant Planner Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Elizabeth Camarena, Executive Assistant APPROVAL OF AGENDA Chair Miller requested to rearrange the agenda to discuss Public Hearing Item C prior to New Business Item B in respect to the applicant’s time. Motion by Miller, second by Thomas, to approve Agenda. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Miller opened oral communications. City Clerk Harper announced that no emailed comments were received. Speakers: There were no speakers. Chair Miller closed oral communications. CONSENT CALENDAR A. Approval of February 16, 2021 Minutes with corrections from Commissioner Campbell APPROVAL OF CONSENT CALENDAR Motion by Thomas, second by Klinger, to approve the Consent Calendar. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried CONTINUED ITEMS – None SCHEDULED MATTERS - None PUBLIC HEARING C. Request for a CONDITIONAL USE PERMIT (CUP 20-7) 2900 Westminster Avenue Applicant: Stephen Shaw CONDITIONAL USE PERMIT (CUP 20-7) 2900 Westminster Avenue Applicant: Stephen Shaw Request: For a CONDITIONAL USE PERMIT (CUP 20-7) to allow the expansion of an existing restaurant by constructing a 223 square foot enclosed hallway to connect the dining room and restrooms. This building is located in the Commercial General (CG) Zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt attached Resolution No. 21-4, APPROVING Conditional Use Permit 20-7 with Conditions. Assistant Planner Marco Cuevas, Jr., provided a comprehensive staff report and indicated that no correspondence was received regarding the project. Questions from Chair Miller and Commissioners Campbell, Klinger and Winkler were answered by Assistant Planner Marco Cuevas, Jr. Chair Miller opened the public hearing. City Clerk Harper announced that no emailed comments were received. Speaker: Stephen Shaw. Chair Miller closed the public hearing. Motion by Campbell, second by Winkler to adopt Resolution No. 21-04, APPROVING Minor Use Permit 20-7 with Conditions. AYES: Klinger, Campbell, Winkler, Miller, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Shah noted that this item have a ten-day appeal period. NEW BUSINESS B. Selection of two Planning Commissioners to Recommend to City Council for Serving on Housing Element Ad-Hoc Committee Director of Community Development Johnson thanked the Commissioners for their time and comments provided at the March 8, 2021 Special Joint Meeting. Motion by Thomas, second by Klinger to appoint Chair Miller and Commissioner Campbell to the Housing Element Ad Hoc Committee. AYES: Klinger, Campbell, Winkler, Miller, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried DIRECTOR’S REPORT Director Johnson thanked the Commissioners for the attendance and participation at that the Joint Special Meeting of the City Council on March 8, 2021. He announced that a webpage has been set-up specifically for the Housing Element as well as a survey on the City’s website under the Community Development Department. He encouraged the Commissioners to visit the page and take the brief survey. He announced that revisions to the existing ADU provisions are underway and more information will be forthcoming in the next 30-60 days. Additionally, he announced that three (3) projects are on the horizons and will be coming forthcoming: 1. Proposed hydrogen fuel pump at existing 76 stations on the North West corner of Westminster and Seal Beach Boulevards, 1398 Seal Beach Blvd. The project is currently in the Environmental Review phase. Notifications will be sent for the 30 day comments period by the second meeting in April. 2. Proposed update to the Chevron fueling station with a small convenience store located at 1300 Pacific Coast Highway. Applicant advised that community meetings must be held prior to consideration by the Commission. 3. Proposed new gas station and convenience store at 49 Pacifica Coast Highway is on hold by Community Development until the applicant conduct community outreach. COMMISSION CONCERNS There were no Commissioner concerns. ADJOURNMENT Chair Miller adjourned the Planning Commission meeting at 7:34 p.m. to Monday, April 5, 2021 at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Steve Miller, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 9 8 5 PLANNING COMMISSION STAFF REPORT DATE:April 19, 2021 TO:Planning Commission THRU: FROM: Les Johnson, Director of Community Development Marco Cuevas Jr., Assistant Planner SUBJECT:Request for a Conditional Use Permit (CUP 21-1) to allow the operation of a 3,000 square foot chiropractic office located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC- SPR) zoning area. LOCATION:2365 Seal Beach Boulevard #101 - 102 APPLICANT:Scott Levitt, Esq. RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-5, APPROVING Conditional Use Permit 21-1 with Conditions. GENERAL PLAN DESIGNATION: INDUSTRIAL - LIGHT ZONE:GC-SPR (BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 095-792-07 LOT AREA: 43,786 SQ. FT. GROSS FLOOR AREA: 3,000 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-PD) SOUTH: MILITARY (MIL) EAST: LIGHT MANUFACTURING (LM) WEST: GENERAL COMMERCIAL (GC) 9 8 5 ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the operation of a chiropractic office use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on April 8, 2021 and mailed to property owners and occupants within a 500’ radius of the subject property on April 8, 2021, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: ANALYSIS Scott Levitt, (“the applicant”) filed an application for Conditional Use Permit CUP 21-1 requesting approval for the operation of a medical/chiropractic office in an existing vacant suite within a 3,000 square foot multi-tenant commercial building. The subject site is located between Seal Beach Boulevard and Westminster Avenue adjacent to the Boeing facility. The parcel is developed with one single-story commercial building that is part of a (4) parcel commercial center. Three of the 4 parcels contain one-story commercial buildings and the fourth parcel contains a 110-room hotel. The subject site is located in Planning Area 4 of the Boeing Integrated Defense Systems (BIDS) Specific Plan (GC-SPR) zone, and is surrounded to the north across Westminster Avenue by residential uses in Leisure World, to the south across Seal Beach Boulevard by the Naval Weapons Station, to the east by commercial uses and to the west by the Boeing facility. 9 8 5 The applicant proposes to operate Monday through Friday from 8:00 A.M. – 8:00 P.M., Saturday from 8:00 A.M. – 2:00 P.M. and closed on Sunday. The medical office will offer out-patient chiropractic and related treatment/services only. With respect to its use of the suite, the applicant intends to perform minor tenant improvements to create its branding. As defined in the City’s Zoning Code, “Medical Services - Office” uses include facilities that provide a variety of personal health care services, including chiropractor services. The BIDS Specific Plan permits medical facilities in all four planning areas within the Specific Plan, with Planning Commission approval of a CUP. The proposed addition of a medical office will provide additional services that are consistent with the existing land commercial land uses in the area. Moreover, the proposed use will encourage further growth in the commercial area. This growth is consistent with the General Plan Land Use Element, With respect to parking, Section 5.4 of the BIDS Specific Plan cross-references the City’s Zoning Code by requiring that all developments within the Plan area meet the minimum parking standards set forth therein. Table 11.4.20.015 of the Zoning Code requires 1 parking space for every 200 square feet of gross floor area. The suite is 3,000 square feet and requires 15 parking spaces. With all existing uses and proposed uses the site is required to have 226 parking spaces and the site contains 227 parking spaces, which will provide sufficient parking for all uses. According to the Boeing Integrated Defense Systems Specific Plan permitted land uses Table 5.1, a medical facility is allowed in all (4) planning areas with approval of a conditional use permit. In the Seal Beach Municipal Code, medical uses include dental offices. The site contains adequate parking and circulation for the proposed medical office and interior alterations. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 21-5 approving CUP 21-1 to allow the operation of a 3,000 square foot medical/chiropractic office located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR) zoning area at 2365 Seal Beach Boulevard Unit 101 and 102. Prepared by: Marco Cuevas Jr. Les Johnson_______________________ Marco Cuevas Jr. Les Johnson Community Development Department Director of Community Development Attachments: 1. Resolution No. 21-5 2. Project architectural plans. 1 of 4 RESOLUTION NO. 21-5 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 21-1 TO ALLOW THE OPERATION OF A 3,000 SQUARE FEET MEDICAL OFFICE LOCATED AT 2365 SEAL BEACH BOULEVARD # 101-102 IN PLANNING AREA 4 OF THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN (GC-SPR) ZONE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Scott Levitt, submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 21-1 for the permitting of the operation of a 3,000 square feet medical office at an existing commercial shopping center at 2365 Seal Beach Boulevard #101-102 (the “subject property”), which is located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR) Zone. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the operation of a medical office use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. Section 3. A duly noticed public hearing was held before the Planning Commission on April 19, 2021 to consider the application for CUP 21-1. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site is within an existing commercial center located on the south side of Westminster Avenue and the north side of Seal Beach Boulevard. The site consists of 4 parcels totaling approximately 198,733 square-feet (4.56 acres) with over 19,000 square feet of mixed retail and restaurant uses and a 110-room hotel. The subject property has a 3,000 square foot vacant tenant space. The subject site is surrounded to the south across Seal Beach Boulevard by the Navy base, to the north across Westminster Avenue by residential uses in Leisure World, to the east by Boeing, and to the west by commercial uses. The subject property is located in the Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR) zone. B. The proposed use requires the approval of a Conditional Use Permit to allow the operation of a medical use within Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan. 2 of 45 9 1 4 Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed use is consistent with the General Plan because the addition of the medical office encourages growth in the commercial area. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed addition of a medical office provides additional services that are consistent with the existing land uses. As conditioned, the proposed use will allow for expanded services of an existing facility, which has proven to be compatible with the surrounding uses, while providing sufficient parking for all uses. B. The proposed use is allowed within Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR) zone subject to approval of a Conditional Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as a Light - Industrial and the Zoning Map designates the area as Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC-SPR). C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking and circulation for the proposed medical office and interior alterations. D. The location, size, design, and operating characteristics of the proposed use would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed medical use compliments the existing restaurant and office uses and complies with the height, setback and parking requirements of the General Commercial – Specific Plan zoning area, and will not disrupt the existing character of the shopping center. The hours of operation shall be Monday through Friday, 8:00 A.M. to 8:00 P.M.; Saturday 8:00 A.M. to 2:00 P.M., and closed on Sunday. E. The establishment, maintenance, and operation of the proposed exterior alterations and use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed interior alterations will require a minimal period of construction to construct the branding decor and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 21-1 for the operation of a medical office at an existing commercial suite within an existing commercial shopping center, at 2365 Seal Beach Boulevard #101-102, subject to the following conditions. 3 of 45 9 1 4 1. Conditional Use Permit 21-1 is approved for the operation of a medical office at an existing commercial suite within an existing commercial shopping center, at 2365 Seal Beach Boulevard #101-102. 2. The hours of operation shall be Monday through Friday 8 A.M. to 8 P.M., Saturday 8 A.M. to 2 P.M. and closed on Sunday. 3. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 4. There shall be no disposal of glass bottles or other trash outside the establishment between the hours of 10:00 P.M. and 7:00 A.M.; and all trash shall be disposed of in closed waste disposal bins. 5. The Planning Commission reserves the right to revoke or modify this CUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. 6. The applicant will prominently display these Conditions of Approval in a location within the businesses’ customer area that is acceptable to the Community Development Director. 7. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 8. This CUP shall not become effective for any purpose unless/until a City “Acceptance of Conditions” form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 9. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 10. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 11. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 12. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively “the City” hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant’s obligation to 4 of 45 9 1 4 indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 19, 2021, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ____________________________________ Steve Miller Chairperson ATTEST: __________________________ Les Johnson Planning Commission Secretary