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HomeMy WebLinkAboutPC Packet_09-18-23CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 18 September 2023 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Dominic Massetti District 3 — Richard Coles – Vice Chair District 4 — Patty Campbell – Chair District 5 — Margo Wheeler Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner Amy Greyson, Senior 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. •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 inspection in City libraries or on the City website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings CALL TO ORDER PLEDGE OF ALLEGIANCE 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. ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. CONSENT CALENDAR A.Approval of the September 5, 2023 Planning Commission Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B.Minor Use Permit 23-6 12410-A Seal Beach Boulevard Applicant: Ranch Town Center LLC/Hal Hamilton Request: For a Minor Use Permit (MUP 23-6) to allow the operation of a 2,400 square foot animal hospital located in the General Commercial (GC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 23-13, APPROVING Minor Use Permit 23-6 with Conditions and finding the project EXEMPT from the California Environmental Quality Act COMMISSION CONCERNS DIRECTOR'S REPORT ADJOURNMENT Adjourn the Planning Commission to Monday, October 2, 2023 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:September 18, 2023 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the September 5, 2023 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on September 5, 2023 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. September 5, 2023 Planning Commission Minutes 8 4 5 2 City of Seal Beach – Regular Meeting of the Planning Commission September 5, 2023 Chair Campbell called the Planning Commission meeting to order at 7:00 p.m. Vice Chair Coles led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Wheeler, Coles, Campbell, Massetti Absent: None Staff Present: Nick Ghirelli, City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner Dana Engstrom, Deputy City Clerk 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. Community Development Director Smittle requested to re-arrange the order of the Agenda as follows: Public Hearing Item C to be heard prior to Continued Item(s) B. Motion by Vice Chair Coles, second by Commissioner Massetti to approve the agenda as amended. AYES: Campbell, Coles, Mingione, Wheeler, Massetti NOES: None ABSENT: None ABSTAIN: None Motion Carried. PUBLIC COMMUNICATIONS Chair Campbell opened public communications. Speakers: None. Chair Campbell closed public communications. Deputy City Clerk Engstrom announced that two (2) emailed comments were received after posting the agenda and noted that the comments were distributed to the Commissioners and made available to the public on the City’s website. CONSENT CALENDAR A. Approval of the July 17, 2023, Planning Commission Minutes 8 4 5 2 Motion by Commissioner Wheeler, second by Vice Chair Coles to approve the consent calendar. AYES: Campbell, Coles, Mingione, Wheeler, Massetti NOES: None ABSENT: None ABSTAIN: None Motion Carried. PUBLIC HEARING C. Conditional Use Permit 23-3 13900-A Seal Beach Boulevard Applicant: Gayle Smith/Twinsteps Architects Request: For a Conditional Use Permit (CUP 23-3) to allow the operation of an 8,100 square foot medical/dermatology clinic located in the Service Commercial (SC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 23-12, APPROVING Conditional Use Permit 23-3 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. Commissioner Mingione requested to recuse himself for this agenda item based having met with the Applicant as a Consultant. Associate Planner Marco Cuevas, Jr., provided a comprehensive staff report. Commissioner’s questions were addressed. Chair Campbell opened the public hearing. Speakers: None. Chair Campbell closed the public hearing. Motion by Vice Chair Coles, second by Commissioner Massetti that the Planning Commission adopt Resolution No. 23-12, APPROVING Conditional Use Permit 23-3 with Conditions and find the project exempt from CEQA. AYES: Wheeler, Coles, Campbell, Massetti NOES: None ABSENT: None ABSTAIN: Mingione Motion Carried City Attorney Ghirelli noted that approval will be memorialized on the Resolution contained in the Agenda Packet. 8 4 5 2 CONTINUED ITEM(S) B. Conditional Use Permit 19-7 1300 E. Pacific Coast Highway, 328 13th Street, 324 13th Street Applicant: Travis Companies, Inc. for property owner G&M Oil Company, Inc. Request: For a Conditional Use Permit (CUP 19-7) to allow the reconstruction of an Automobile Service Station and addition of a new Convenience Store in the General Commercial (GC) Zone, including the incorporation of the southern abutting property into the Project Site, which is in the Residential High Density (RHD-20) Zone; and, for recommendation that the City Council approve a General Plan Amendment (GPA-1) to change the land use category of the property at 328 13th Street from Residential High- Density to General Commercial; and, for recommendation that the City Council approve a Zone Change (ZC 19-1) of the property at 328 13th Street from RHD-20 to GC, and to change the zone of 324 13th Street from RHD-20 to RHD-33; and, for approval of a Variance (VAR 22-1) from standards of Section 11.4.05.035.B of the Municipal Code (Standards for Specific Uses – Automobile Service Station.) Recommendation: After conducting the public hearing and receiving public testimony, staff recommends that the Planning Commission adopt Resolution No. 23-08, APPROVING Conditional Use Permit 19-7 and Variance 22-1 with Conditions, and RECOMMENDING to the City Council the adoption of the Negative Declaration and approval of Zone Change 19-1 and General Plan Amendment 19-1. Planning Manager Temple provided a comprehensive staff report. Commissioner’s questions were addressed. Applicant: Travis Companies, Inc., President/CEO Karl Huy for property owner G&M Oil Company, introduced Kimley-Horn Traffic Engineer Tim Chang, who addressed the Commissioner’s questions. Applicant: Travis Companies, Inc., President/CEO Karl Huy for property owner G&M Oil Company, addressed the Commissioners. Carl Conner and Jasmine Doby with Atlas Environmental. Chair Campbell opened the public hearing. Speakers: Beth Barinek, Josh Haney, Matthew Terry, Guy La Ferrara, Theresa Miller, Joyce Ross Parque, Chris DeSanto, Karen Mays, Margaret Curtis, Jeff, Tammy Ramsay, Terry Mavis, Cindy Cole. Applicant: Travis Companies, Inc., President/CEO Karl Huy for property owner G&M Oil Company, addressed the Commissioners. Chair Campbell closed the public hearing. A dialogue ensued between the Commissioners, Kimley-Horn Traffic Engineer Tim Chang, and Community Development Director Smittle. Motion by Commissioner Wheeler, second by Commissioner Massetti that the Planning Commission recommend approval of the General Plan Amendment 19-1 to change the land use category of the property at 328 13th Street from Residential High-Density to General 8 4 5 2 Commercial; and Zone Change (ZC 19-1) of the property at 328 13th Street from RHD-20 to GC, and to change the zone of 324 13th Street from RHD-20 to RHD-33 pursuant to the findings and the adoption of the Negative Declaration. AYES: Wheeler, Massetti, Mingione NOES: Campbell, Coles ABSENT: None ABSTAIN: None Motion Carried City Attorney Ghirelli noted that the General Plan Amendment and the Zone Change is not appealable and will go to the City Council at a date to be determined. Motion by Commissioner Wheeler, second by Commissioner Massetti the Planning Commission approval of a Variance (VAR 22-1) and Conditional Use Permit (CUP 19-7) pursuant to the Negative Declaration, the findings as presented and conditions expanded to include that the 13th street driveway shall be closed at all times except to allow timely access of fuel trucks unless written evidence from another public agency is provided demonstrating to the satisfaction of the Community Development Director that the 13th street driveway must be open. AYES: Wheeler, Massetti, Mingione, Campbell, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried City Attorney Ghirelli noted that there is a 10-day appeal period that starts September 6, 2023. SCHEDULED MATTERS - None NEW BUSINESS - None DIRECTOR’S REPORT Community Development Director Smittle announced that the revised draft of the Housing Element is available on the City’s website. She encouraged everyone to review and provide comments to her via email at asmittle@sealbeachca.gov. COMMISSION CONCERNS Commissioner Wheeler mentioned that the American Planning Association Conference is coming up and noted that she hopes staff will be in attendance. 8 4 5 2 ADJOURNMENT Chair Campbell adjourned the Planning Commission meeting at 9:33 p.m. to Monday, September 18, 2023, at 7:00 p.m. ___________________________ Dana Engstrom, Deputy City Clerk Approved: _______________________ Patricia Campbell, Chair Attest: ____________________________ Dana Engstrom, Deputy City Clerk 1 6 4 9 PLANNING COMMISSION STAFF REPORT DATE:September 18, 2023 TO:Planning Commission THRU:Alexa Smittle, Director of Community Development FROM:Shaun Temple, AICP, Planning Manager SUBJECT:Request for a Minor Use Permit (MUP 23-6) to allow the operation of a 2,400 square foot animal hospital located in the General Commercial (GC) zoning area. LOCATION:12410-A Seal Beach Boulevard APPLICANT:Ranch Town Center LLC/Hal Hamilton RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 23-13, APPROVING Minor Use Permit 23-6 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. GENERAL PLAN DESIGNATION: COMMERCIAL - GENERAL ZONE:GC (GENERAL COMMERCIAL) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 130-861-17 LOT AREA: 1.801 Acres BUILDING/SUITE FLOOR AREA: 2,400 SQ. FT. SURROUNDING PROPERTIES: NORTH: GENERAL COMMERCIAL (GC) RESIDENTIAL MEDIUM DENSITY (RMD-18) SOUTH: GENERAL COMMERCIAL (GC) EAST: RECREATION/GOLF (RG) WEST: GENERAL COMMERCIAL (GC) 1 6 4 9 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 operation of an animal hospital 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 September 7, 2023, and mailed to property owners and occupants within a 300’ radius of the subject property on September 7, 2023, with affidavits of publishing and mailing on file. ANALYSIS Hal Hamilton (“the applicant”) filed an application for Minor Use Permit MUP 23-6 requesting approval for the operation of an animal hospital within an existing 2,400 square foot suite of a commercial building. The subject site is located in the Old Ranch Town Center on Seal Beach Boulevard north of Lampson Avenue within the General Commercial (GC) zone. The use is proposed in Suite A of Building C/D, between the two anchor stores of Target and Ralphs. The existing vacant suite was previously occupied by a retail shoe store. The applicant will perform interior tenant improvements to create offices and examination rooms, in addition to its branding. The animal hospital will not operate as a kennel, overnight stays by animals are limited to those in surgical recovery or medical treatment that requires monitoring. According to the Seal Beach Municipal Code, Table 11.2.10.010 Use Regulations – Commercial and Mixed-Use Districts, the animal sales and services use, which includes medical services, are allowed with approval of a minor use permit. The proposed hours of operation are from 8:00 A.M. to 10:00 P.M., daily. With respect to parking regulations, all development uses are required to meet the minimum parking standards as established by the City of Seal Beach Municipal Code. Table 11.4.20.015.A.1 of the Municipal Code requires animal sales and services uses to provide one parking space for every 300 square feet of gross floor area. The suite measures 2,400 square feet and requires 8 parking spaces. As mentioned previously, the building was formerly used as a retail store and required the same parking ratio of one space per 300 square feet of gross floor area. Based on this parking ratio, no additional parking is required to be provided with the proposed change in use. With all existing uses and proposed uses the entire shopping center is required to have 1,383 parking spaces and contains 1,658 parking spaces, which will provide sufficient parking for all uses. The proposed use is consistent with the General Plan because the addition of the animal hospital 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 an animal hospital 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. CONCLUSION 1 6 4 9 After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 23-13 approving MUP 23-6 to allow the operation of a 2,400 square foot animal hospital located in the General Commercial (GC) zoning area at 12410-A Seal Beach Boulevard. Prepared by: Shaun Temple Alexa Smittle Shaun Temple, AICP Alexa Smittle Planning Manager Director of Community Development Attachments: 1. Resolution No. 23-13 2. Vicinity Map 3. Plan Set 4. Site Photographs 1 of 4 RESOLUTION NO. 23-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 23-6 TO ALLOW THE OPERATION OF A 2,400 SQUARE FOOT ANIMAL HOSPTIAL LOCATED AT 12410-A SEAL BEACH BOULEVARD IN THE GENERAL COMMERCIAL (GC) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Hal Hamilton submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 23-13 for the permitting of the operation of a 2,400 square feet animal hospital at an existing commercial shopping center at 12410-A Seal Beach Boulevard (the “subject property”), which is located in General Commercial (GC) 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 an animal hospital use within 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 September 18, 2023, to consider the application for MUP 23-6. 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 east side of Seal Beach Boulevard and north of the intersection at Lampson Avenue. The parcel is developed with one single-story commercial building that is part of a multi- parcel commercial center known as the Old Ranch Town Center. The subject property has a 2,400 square foot vacant tenant space. The subject property is located in the General Commercial (GC) zone and is adjacent to commercial and residential uses to the north, commercial uses to the south and west, and the Old Ranch Country Club to the east. B. The proposed use requires the approval of a Minor Use Permit to allow the operation of an animal hospital use within General Commercial (GC) zone. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20.020 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: 2 of 4 A. The proposed use is consistent with the General Plan because the addition of the animal hospital 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 pet hospital 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 the General Commercial (GC) zone subject to approval of a Minor Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as Commercial – General and the Zoning Map designates the area as General Commercial (GC). 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 pet hospital 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 animal hospital use compliments the existing commercial uses and complies with the height, setback and parking requirements of the General Commercial zoning area and will not disrupt the existing character of the shopping center. The hours of operation shall be 8:00 A.M. to 10:00 P.M., daily. 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 interior offices and examination rooms 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 MUP 23-6 for the operation of a pet hospital at an existing commercial suite within an existing commercial shopping center, located at 12410-A Seal Beach Boulevard, subject to the following conditions. 1. Minor Use Permit 23-6 is approved for the operation of an animal hospital at an existing commercial suite within an existing commercial shopping center, at 12410- A Seal Beach Boulevard. 2. The facility must meet all regulations as required by Sections 2030 and 2030.1 of Title 16 of the California Code of Regulations (Minimum Standards—Fixed Veterinary Premises & Small Animal Fixed Premises Minimum Standards). 3 of 4 3. The hours of operation shall be, 8 A.M. to 10:00 P.M., daily. 4. The animal hospital shall provide the name, address, and contact information of the nearest 24-hour emergency veterinary center to all clients and potential clients. This information must be clearly posted and oriented toward the exterior of the facility during all hours that the facility is closed. 5. The facility is not permitted to operate as a kennel. No animals are permitted to remain overnight on the premises unless such animals are surgical patients in need of recovery or undergoing treatment that requires monitoring. 6. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 7. 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. 8. The interior of the tenant space must be provided with soundproofing in the dog and cat ward areas. 9. A doggy dispenser receptacle must be provided on the exterior of the tenant space near the entrance. The design and style of the dispenser must be consistent with the commercial center’s architectural style and approved by the Planning Division. 10. Exterior wall signs shall be submitted to the Community Development Department for approval. 11. 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. 12. 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. 13. 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. 14. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 15. 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. 4 of 4 16. 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. 17. The applicant must indemnify, defend, and hold harmless the City, its 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 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 September 18, 2023, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Patty Campbell Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary VICINITY MAP: AERIAL MAP: