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HomeMy WebLinkAboutPC Min 2007-09-19 City of Seal Beach Planning Commission Agenda for September 19, 2007 7:30 p.m. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or discussion unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff, or the public requests a specific item be removed from the Consent Calendar for separate action. 1. August 2007 Building Activity Report 2. Approve Planning Commission Meeting Minutes of September 5,2007. 3. RECEIVE AND FILE: Articles Re: "How Should California Grow." 4. RECEIVE AND FILE: "Public Engagement Tools-Land Use One-Pagers." 5. Update regarding the "Regional Transportation Plan" and the "Regional Comprehensive Plan," being prepared by the Southern California Association of Governments. 1 City of Seal Beach Planning Commission. Agenda of September 19, 2007 6. Minor Plan Review 07-23 915 Heron Circle Applicant/Owner: Dennis & Grace Kim Request: To construct a built-in barbecue within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-51. 7. Minor Plan Review 07-24 983 Heron Circle Applicant/Owner: Alfonso & Blanca Madrid Request: To construct a built-in barbeque and bar; pre-fabricated fireplace; and masonry fire pit within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-53. 8. Minor Plan Review 07-25 944 Blue Heron Applicant/Owner: Ricardo Abaniel Request: To construct a built-in barbeque and bar structure within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-56. VI. SCHEDULED MATTERS 9. Schedule Study Session on October 10, 2007 - Zoning Code Revisions - Chapter 2.05, Residential Districts VII. PUBLIC HEARING 10. Conditional Use Permit 07-11 12430 Seal Beach Boulevard (Santa Fe Importers) Applicant/Owner: Vincent Passanisi / Levine Investments, LLP 2 City of Seal Beach Planning Commission. Agenda of September 19, 2007 Request: To permit the on-premise and off-premise sale of beer and wine (Type 41 license) at an existing delicatessen within the Old Ranch Town Center. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-55. VIII. STUDY SESSION 11. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning All Portions Except Chapter 2.05 Residential Districts IX. STAFF CONCERNS X. COMMISSION CONCERNS XI. ADJOURNMENT To October 3,2007, at 7:30 P.M. 3 Oct 03 Oct 17 Nov 07 Nov 21 Dec 05 Dec 19 City of Seal Beach Planning Commission · Agenda of September 19, 2007 2007 Agenda Forecast CUP 07-4 Indefinite Extension CUP 07-11 Study Session: - 1000 Pacific Coast Hwy. - 1101 Pacific Coast Hwy. (Vons) Preliminary Draft - Zoning Code Study Session: Preliminary Draft - Zoning Code 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of September 19, 2007 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, September 19, 2007. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Deaton, Commissioners Bello, DeLay, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Jerry Olivera, Senior Planner Alexander Abbe, Assistant City Attorney Steve Flower, Assistant City Attorney Absent: Commissioner Massa-Lavitt Mr. Whittenberg noted for the record that Commissioner Massa-Lavitt had previously indicated that she would not be present at tonight's meeting. He requested a motion to excuse her absence. MOTION by Roberts; SECOND by Bello to excuse Commissioner Massa-Lavitt from the Planning Commission meeting of September 19, 2007. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt AGENDA APPROVAL MOTION by Bello; SECOND by Roberts to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, Delay, and Roberts None Massa-Lavitt 1 These Minutes were transcribed from audiotape of the meeting. 1 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Linda Kruger stated that her home is located on 8th Street behind the Jack-In-the Box restaurant and she understands the trash dumpster is to be relocated. She said she will wait to see if her other concerns are addressed when the restaurant re-opens. Mr. Whittenberg noted that Staff will prepare an information report for presentation to City Council and the Planning Commission. There being no one else wishing to speak, Chairperson Deaton closed oral communications. CONSENT CALENDAR 1. August 2007 Building Activity Report 2. Approve Planning Commission Meeting Minutes of September 5, 2007. 3. RECEIVE AND FILE: Articles Re: "How Should California Grow." 4. RECEIVE AND FILE: "Public Engagement Tools-Land Use One-Pagers." 5. Update regarding the "Regional Transportation Plan" and the "Regional Comprehensive Plan," being prepared by the Southern California Association of Governments. 6. Minor Plan Review 07-23 915 Heron Circle Applicant/Owner: Dennis & Grace Kim Request: To construct a built-in barbecue within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-51. 7. Minor Plan Review 07-24 983 Heron Circle Applicant/Owner: Alfonso & Blanca Madrid Request: To construct a built-in barbeque and bar; pre-fabricated fireplace; and masonry fire pit within the required rear yard setback area. 2 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 19,2007 Recommendation: Approval, subject to conditions, and adoption of Resolution 07-53. 8. Minor Plan Review 07-25 944 Blue Heron Applicant/Owner: Ricardo Abaniel Request: To construct a built-in barbeque and bar structure within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-56. MOTION by Bello; SECOND by Roberts to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt Mr. Abbe advised that the adoption of Resolution Nos. 07-51, 07-53, and 07-56 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. SCHEDULED MATTERS 9. Schedule Study Session on October 10, 2007 - Zoning Code Revisions - Chapter 2.05, Residential Districts. Staff Report Mr. Whittenberg stated that at the last meeting the Commission had indicated that it intended to schedule a Study Session to begin at 7:30 p.m. on October 10, 2007, if SBTV-3 Staff would be able to videotape the meeting. He confirmed that SBTV-3 will be available and Staff will publish notice of the meeting in the Sun Newspaper. Mr. Whittenberg then indicated that Staff intends to review FAR's, daylight plane, and all residential sections. PUBLIC HEARINGS 10. Conditional Use Permit 07-11 12430 Seal Beach Boulevard (Santa Fe Importers) Applicant/Owner: Vincent Passanisi I Levine Investments, LLP 3 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 1 Request: To permit the on-premise and off-premise sale of beer and 2 wine (Type 41 license) at an existing delicatessen within the 3 Old Ranch Town Center. 4 5 Recommendation: Approval, subject to conditions, and adoption of Resolution 6 07-55. 7 8 Staff Report 9 10 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning 11 Department.) He provided some background information on this item noting that this 12 business is located in the Old Ranch Town Center. He said that granting of this license 13 would cause Census Tract 1100.12 to be placed in a state of over concentration of 14 alcohol licenses by one license, noting that this has been an issue in Seal Beach in the 15 past, particularly in areas with high crime reporting districts. Mr. Olivera then indicated 16 that Alcohol Beverage Control Act Regulation 61.3 states that if an area has both high 17 crime and an over concentration of ABC licenses, ABC can automatically deny an 18 application for a liquor license. He continued by stating that several years ago the 19 City's Chief of Police had requested that ABC place the City of Seal Beach under 20 Regulation 61.3 to provide ABC a basis upon which to deny a license request; however, 21 the City may approve a Conditional Use Permit (CUP) in an over concentrated area. 22 Staff believes that because of the location and nature of the business the granting of an 23 additional license within this census tract would not present any problems. He stated 24 that Staff had contacted Lt. Tim Olson of the Seal Beach Police Department regarding 25 this request, and he did not express any objection to granting this license. He reported 26 that Staff has received no comments regarding this application and recommends 27 approval, subject to conditions. 28 29 Commissioner Questions 30 31 Commissioner Roberts asked if Census Tract 1100.12 includes any establishments on 32 the west side of Seal Beach Boulevard. Mr. Olivera stated that this tract encompasses 33 the Old Ranch Town Center, Old Ranch Country Club, Ayres Hotel, and the Seal Beach 34 Tennis Center. 35 36 Chairperson Deaton noted that the Country Club and tennis center have different liquor 37 uses that are more for private rather than public use. She asked how frequently alcohol 38 is served at the Ayres Hotel. Mr. Olivera stated that the license for the Ayres Hotel 39 allows for special functions where alcohol service is permitted. He noted that Target 40 and Ralph's are licensed only for the off-premise sale of alcohol. 41 42 Public Hearinq 43 44 Chairperson Deaton opened the public hearing. 45 4 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19,2007 1 Vincent Passanisi, one of the owners of Santa Fe Importers, stated that they have a 2 location in Long Beach, founded by his grandfather in 1947, where service includes hot 3 and cold sandwiches, pasta, and pizza, as well as Italian groceries and beer and wine. 4 He noted that the liquor sales are a very small portion of their overall sales, but they like 5 to offer this option to their customers. Chairperson Deaton asked if wine or beer are 6 served with meals or is this strictly take-out. Mr. Passanisi stated that most of the sales 7 are for off-premise consumption, but they do offer beer and single serving containers of 8 wine for on-premise consumption. Commissioner Bello asked if alcohol is allowed at 9 the outdoor tables. Mr. Passanisi stated that alcohol is not allowed in this area. 10 Commissioner Roberts asked if imported beer will be sold for take-out. Mr. Passanisi 11 stated that at this new location they will probably offer some specialty wines for take-out 12 as well as the single serving containers of wine for on-site consumption. Commissioner 13 Roberts asked if 6-packs or individual beers can be purchased for take-out. Mr. 14 Passanisi stated that customers could purchase 6-packs to go. 15 16 Eldon Alexander noted that Baskin-Robbins had formerly shared this space and the 17 outdoor seating with Togo's sandwich shop. He asked if the deli would be sharing 18 space, and if so the Commission should carefully consider granting this license. 19 20 Blanca Madrid stated that she has frequented the Long Beach location and does not 21 believe that there will be a problem in allowing alcohol sales at Santa Fe Importers. 22 23 Mr. Passanisi stated that he will not be sharing space with Baskin-Robbins or any other 24 business. 25 26 There being no one else wishing to speak, Chairperson Deaton closed the public 27 hearing. 28 29 Commissioner Comments 30 31 Commissioner DeLay stated that he has purchased products from Santa Fe Importers 32 for over 50 years and found them to be of very high quality. He asked if Santa Fe 33 Importers manufactures most of its pasta. Mr. Passanisi stated that this was correct. 34 35 Commissioner Roberts stated that as over concentration of ABC licenses relates to this 36 application, he is not as concerned as he would be with a Main Street business. He 37 noted that of the 9 licenses in this census tract, 3 are restaurants, 1 is a hotel, 2 are for 38 the tennis center and country club, and the other 3 are for Target, Ralph's and CVS. He 39 stated he would vote to approve. 40 41 MOTION by Roberts; SECOND by DeLay to approve Conditional Use Permit 07-11, 42 subjectto conditions, and adopt Resolution 07-55 as presented. 43 44 MOTION CARRIED: 4 - 0 - 1 45 AYES: Deaton, Bello, DeLay, and Roberts 46 NOES: None 5 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 ABSENT: Massa-Lavitt Mr. Abbe advised that the adoption of Resolution No. 07-55 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. STUDY SESSION 11. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning All Portions Except Chapter 2.05 Residential Districts Mr. Whittenberg referred to the document entitled "Overview of Previous Study Sessions Non-Residential Parts" and provided a brief review of previous Study Sessions on nonresidential standards noting that the May 9, 2007, discussion related to the proposed use of the Administrative Use Permit (AUP) process and Conditional Use Permit (CUP) process. (Copy of the overview is on file for inspection in the Planning Department.) He explained that the AUP is proposed for those less controversial projects that may be of minor concern to neighboring residential areas. He indicated that the AUP process would include a 300-ft. notice, with the decision of Staff subject to appeal to the Planning Commission (PC). He continued by explaining that the CUP process would involve a forma! public hearing with public notices to all property owners and building occupants within a 500-ft. radius. He read from a partial list of proposed items to be subject to either the AUP or CUP process. Chairperson Deaton asked if a Council member or Planning Commissioner should wish to file an appeal, would they be required to pay the appeal fee. Mr. Whittenberg stated that currently they are not subject to appeal fees. The Director of Development Services then reviewed the topics discussed during the June 6, 2007, Study Session, as listed on pages 4-6 of the Overview of Previous Study Sessions, and followed with the topics discussed during the June 20, 2007, Study Session, as listed on pages 7-8 of the Overview document. Mr. Whittenberg then referenced specific parts of the Preliminary Draft Zoning Ordinance, which includes standards that can apply in different zones, depending upon the use, with Commissioner and public comments following. Section 4.05.010 Accessory Business Uses cmd Activities D. Allowable Incidental Business Activities Mr. Whittenberg explained that these types of activities are currently subject to the approval of a Special Event Permit (SEP), and Staff is suggesting that these types of activities be allowed by right without having to go through the SEP process, as many of these activities do not have the potential to cause any particular problems. Commissioner Roberts asked if Staff proposed that live music be allowed on a nightly basis, as long as it is unamplified. Mr. Whittenberg stated that these uses would be allowed by right for a single performer if they occur less than weekly; for weekly 6 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 1 occurrence on a regular basis an AUP would be required; and performances occurring 2 more than once a week on a regular basis would require a CUP, as well as for live, 3 amplified music. He then reviewed the Prohibited Uses and Incidental Related 4 Activities. 5 6 Public Comment 7 8 Eldon Alexander stated that Bogart's Coffee House has conducted these types of 9 proposed allowable uses for several years with no reported problems. 10 11 Commissioner Comments 12 13 Commissioner Bello asked why live, unamplified music is allowed, but a magician would 14 not be allowed. She commented that Finbar's has a magician that performs for 15 customers at their tables and is very entertaining. Mr. Whittenberg stated that Staff was 16 referring to magicians that would have a live stage show with a lot of props. 17 Chairperson Deaton noted that perhaps this type of magician might use amplified rather 18 than unamplified music. Mr. Whittenberg stated that Staff would look into this issue and 19 return with more information. Chairperson Deaton added that a comedian would need a 20 microphone and a magician doing a stage show would also need amplification, as 21 opposed to a magician performing at individual dining tables. Mr. Abbe interjected that 22 audience response is also involved when a comedian is performing or as a magician 23 completes each magical feat, as opposed to a live, unamplified guitar performer. 24 Commissioner Roberts questioned whether only amplified music should be subject to 25 the permit process, as previously the public has shown an interest in unamplified music. 26 Mr. Whittenberg explained that currently any type of amplified music is already subject 27 to CUP approval. Chairperson Deaton clarified that the definition of "incidental" is twice 28 a week. Mr. Whittenberg stated that he would have to research this. Commissioner 29 Roberts stated that he has no problem with allowing unamplified music. Chairperson 30 Deaton asked what the process would be for monthly events should there be complaints 31 from surrounding residents. Mr. Abbe noted that these performances would still be 32 subject to the Noise Ordinance. Mr. Whittenberg added that the City has traditionally 33 had no complaints on these types of activities, even though many are currently ongoing 34 at various locations. 35 36 Section 4.05.035 Automobile Service Station 37 Pages 15-20 38 39 Mr. Whittenberg briefly reviewed the standards noting that Section B, Item 2 limits the 40 number of services stations allowed at an intersection. He indicated that Staff is 41 proposing the inclusion of additional design standards. Commissioner Roberts inquired 42 about the sale of beer and wine at service station convenience stores. Mr. Whittenberg 43 stated that this use would be subject to approval of a CUP. 44 45 46 7 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19,2007 1 Public Comment 2 3 No comments. 4 5 Section 4.05.040 AutomobilelVehicle Sales and Services 6 Pages 21-22 7 8 Mr. Whittenberg noted that as indicated in Section E, should this type of business wish 9 to operate a tow service, they would have to receive approval of a CUP. 10 11 Public Comment 12 13 No comments. 14 15 Section 4.05.050 Drive-In and Drive- Through Facilities 16 Pages 25-27 17 18 Mr. Whittenberg stated that reVISions have been made based upon previous 19 discussions, with Staff incorporating additional design standards for vehicular access 20 and queue lane locations, and also including provisions for the requirement of a CUP. 21 Commissioner Roberts clarified that any drive-in!drive-through use would be subject to 22 a CUP. Mr. Whittenberg stated that this was correct. 23 24 Public Comment 25 26 Linda Kruger stated she lives behind Jack-In-the-Box and has concerns with drive- 27 through restaurants being open until late at night. Chairperson Deaton emphasized that 28 this use will continue to be subject to approval of a CUP; however, the current Jack-in- 29 the-Box restaurant was in existence prior to the requirement of a CUP for this use. Mr. 30 Whittenberg explained that the drive-through for Jack-In-the-Box was approved in 1968 31 under a Variance prior to the City requirement for a CUP, and Staff cannot require a 32 CUP at this location until a change in the business operation would require this. 33 Commissioner Roberts asked if the new Zoning Code (lC) would include any standards 34 related to the location of trash dumpsters for food establishments relative to surrounding 35 residences, and if not, which agency would handle this. Mr. Whittenberg indicated that 36 the City has not yet incorporated this standard, but he is certain that this can be done. 37 He cautioned that for many of the food establishments in town, the only space for trash 38 dumpsters is in the rear alley, which is usually immediately adjacent to residences 39 across the alley. Commissioner Roberts stated that he would like to see standards for 40 review of the location of trash dumpsters at food establishments. Mr. Abbe asked if 41 Commissioner Roberts was referring to all restaurants or only to drive-in! drive-through 42 types. Commissioner Roberts stated that all restaurants would have to be considered. 43 44 Eldon Alexander stated that there is no mention of the standards for the number of cars 45 entering a business before being allowed to have a drive-through lane. Mr. Whittenberg 46 referred to Sec C, Item 2. 8 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 1 Commissioner DeLay confirmed that currently the ZC requires that trash dumpsters be 2 surrounded by a wall. Mr. Whittenberg confirmed that new food establishments must 3 provide a 6-foot high wall around trash dumpsters. He noted that the City cannot 4 impose this requirement on eateries that were operating prior to the imposition of this 5 standard. Commissioner DeLay added that the issue of trash receptacles has always 6 been a problem, particularly in Old Town where trash dumpsters are located in the 7 alleys. He indicated that perhaps the PC could come up with regulations to ensure that 8 restaurants do a better job of keeping these areas clean. Mr. Abbe stated that Staff 9 could look into the public health and public nuisance implications. 10 11 Jan Morrison stated that her back yard abuts the alley between 8th Street and Main 12 Street, and the dumpsters in the alley between Pacific Coast Highway (PCH) and 13 Electric Avenue do not have any type of wall around them. She indicated that the trash 14 dumpster for Athens West does have a wall around it, but is not closed. She asked if 15 there were anything that could be done to require restaurant owner to do a better job of 16 cleaning up these areas. 17 18 Section 4.05.055 Extended Hour Businesses 19 Pages 27-29 20 21 Mr. Whittenberg indicated t.hat the PC had given Staff direction that any use of this type 22 should be subject to the CUP process. He noted that the hours being considered would 23 be for any business operating between 11 :00 p.m. and 6:00 a.m. 24 25 Section 4.05.060 Home Occupations 26 Pages 30-33 27 28 The Director of Development Services stated that home occupations are allowed 29 subject to acquisition of a City business license. He noted that the requirements are 30 minimal, but Staff has attempted to clarify the standards so that business operators will 31 understand how to prevent their home business from becoming a detriment to the 32 neighborhood. He stated that business owners would be required to sign documents 33 indicating that they are aware of the conditions for operation and are willing to abide by 34 them. Commissioner Roberts stated that he had no problem with academic tutoring, but 35 expressed his concern with instruction of amplified musical instruments, particularly to 36 more than one student at a time. Chairperson Deaton added that academic tutoring is 37 not a problem, but group teaching can presents parking problems. Mr. Abbe stated that 38 he would have to research this to ensure that no first amendment implications are 39 involved. 40 41 Eldon Alexander commented that most parents will drop off their children for their 42 tutoring or music lessons, and return for them when the lesson is completed, rather than 43 parking on the street. He noted that with music lessons, the older students usually have 44 individual one-on-one lessons. 45 46 Mr. Whittenberg then noted the prohibited home occupation uses as listed on Page 33. 9 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19,2007 1 Section 4.05.090 Outdoor Dining, Display, and Sales Standards 2 Pages 40-45 3 4 With regard to these standards, Mr. Whittenberg indicated that outdoor dining, display, 5 and sales areas are either prohibited or require a CUP. Staff has recommended that in 6 certain situations they could be done through the AUP process, and the PC has 7 provided direction as to which would be subject to an AUP or a CUP. He noted that 8 temporary outdoor storage of sales stock could be subject to an AUP; however, a 9 permanent outdoor sales area would be subject to a CUP. With regard to outdoor 10 dining, the PC has directed that 12 seats or less would be subject to an AUP, and 13 11 seats or more would require a CUP. 12 13 Section 4.05.100 Residential Accessory Uses, Structures, alld Vehicle Parking 14 Pages 47-55 15 16 Staff is recommending a number of modifications to what the current Code allows. He 17 briefly reviewed these standards for design and materials for attached accessory 18 structures, and the requirements for detached structures. He noted that allowable size 19 for detached structures, as shown on Table 4.05.10.0.4 on Page 49, and indicated that 20 those that are within 10 feet from any property line would require a Minor Plan Review 21 (MPR). 22 23 With regard to Item 2. b., iii, on Page 48, Eldon Alexander noted that children's play 24 equipment will usually measure higher than 5 feet. Mr. Whittenberg stated that as he 25 recalls a 5-foot height would be allowed by right, and anything higher would be subject 26 to an AUP, but he will verify this. Commissioner Roberts suggested allowing up to a 7- 27 or 8-foot height by right. Chairperson Deaton commented that when this equipment is 28 too high it creates privacy issues for neighboring homes. She recommended 29 maintaining a 5-foot height by right. Mr. Whittenberg commented that a 7 -foot height by 30 right could be allowed, as Staff is proposing that wall heights citywide be increased to 7 31 feet. 32 33 Mr. Whittenberg continued by noting that the standard for making garages greater than 34 600 square feet subject to a CUP is to be retained, and detached guest rooms or pool 35 rooms will also be subject to a CUP. He then reviewed the standards for 36 noncommercial tennis or other recreational courts. 37 38 Eldon Alexander asked why garage space greater than 600 square feet would be 39 subject to a CUP. Mr. Whittenberg stated that this is an existing provision of the ZC due 40 to concerns with 3-4 car garages that faced the street being constructed, primarily in 41 homes on The Hill. He noted that this serves as a design review function. 42 43 Sectioll 4.05.110 Residential Uses - Multi-Unit Project Standards 44 Pages 56-58 45 1 0 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 1 Mr. Whittenberg then reviewed the open space standards on the size allowed based 2 upon number of units. Chairperson Deaton requested a definition of "private open 3 space," which Mr. Whittenberg defined as a private balcony or patio area that would 4 only be accessible to the living unit itself. He indicated that in researching this item the 5 smallest area of private open space was 80 sq. ft., with the largest measuring 300 sq. ft. 6 Chairperson Deaton asked if the proposed 200 sq. ft. allowance were cumulative. Mr. 7 Whittenberg stated that it would not be cumulative. He then asked if the PC had 8 reached a consensus on this issue. Commissioner Roberts stated that 200 sq. ft. would 9 be too much, and suggested 120 sq. ft. Chairperson Deaton noted that the lot widths in 10 Old Town are quite narrow. Mr. Whittenberg responded that these standards would 11 apply only to multi-family structures that would have to be constructed on lots wider than 12 25 feet. He explained that the only places where multi-unit projects would be found 13 would be in Old Town, the Rossmoor Townhomes, the Old Ranch Townhomes, 14 Oakwood Apartments, Riverbeach, and the Seal Beach Trailer Park. Chairperson 15 Deaton stated that Old Town would probably be the only location where new building 16 might occur. Mr. Whittenberg indicated that the goal is to try to provide enough private 17 open space to allow for a table and a barbeque for use by residents. Chairperson 18 Deaton agreed that the space needs to be large enough to be usable. 19 20 Eldon Alexander agreed that a private space area that accommodates a barbeque and 21 a table with chairs would be best. 22 23 Mr. Whittenberg stated that Staff could visit various sites to determine what size patios 24 and balcony spaces are prevalent in town, and noted that a minimum width of 8-feet 25 would be preferable. Chairperson Deaton recommended that for design purposes the 26 allowed length should be flexible. Mr. Whittenberg suggested that a minimum 27 dimension should be set for either the length or width, with the opposite dimension 28 comprising what is necessary to meet the allowed square footage requirement. The PC 29 was in agreement. 30 31 Mr. Whittenberg then noted that with regard to "Substitution of Private Open Space for 32 Common Open Space, " Staff is considering slightly reducing allowable private open space 33 if there is a larger than allowed common recreation area on the property. He then 34 briefly reviewed the proposed design standards for multi-family units. 35 36 Section 4.05.135 Vacation Rentals 37 Pages 66-67 38 39 The Director of Development Services stated that currently the ZC has no provisions for 40 vacation rentals, but the City does issue business licenses for this use. He indicated 41 that Staff recommends that these rentals be subject to a CUP with a maximum of two 42 (2) vacation rental units allowed and a limitation on visitor occupancy of 29 consecutive 43 days. He explained that this would limit problems caused by tenants occupying a unit 44 for several months for the purpose of partying or several families sharing the rental 45 expense and occupying one rental, creating parking issues and more potential for 46 disturbances to surrounding residents. Chairperson Deaton noted that these units are 11 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 1 usually rented for two weeks at a time, creating the potential for greater revenues for the 2 landlords. 3 4 Sectioll 4.05.140 Warehouse Retail and Large-Scale Commercial Projects 5 Pages 67-69 6 7 Mr. Whittenberg then briefly reviewed the standards for large scale retail or commercial 8 projects measuring 60,000 sq. feet or larger, noting that there aren't many in town, and 9 the potential for a future project of this type would be rare. Chairperson Deaton asked 10 why the square footage was so large. Mr. Whittenberg stated that his research 11 reflected zoning codes allowing 50-100,000 square foot ranges, but if the PC wished to 12 go to a smaller number, Staff could provide a series of ranges for consideration. He 13 noted that in the commercial mixed-use section of the ZC there are design provisions 14 regarding building articulation and the amount of glass at the front of the building, etc. 15 Commissioner Roberts commented on the lack of architectural interest on many of the 16 retail/commercial buildings along Seal Beach Boulevard (SBB) with many of them 17 designed with the building back side facing the street. He suggested a standard that 18 would require businesses to face the street, particularly when located along a major 19 arterial road. Mr. Whittenberg noted that Staff can create standards to help address 20 this. 21 22 Mr. Whittenberg asked if the PC wished to continue with the next section of the 23 Preliminary Draft Zoning Code Revisions, which he indicated would involve 24 approximately another hour of discussion. Chairperson Deaton polled the Commission. 25 The PC determined to end the meeting and continue the discussion to the next 26 scheduled meeting of October 3, 2007. Chairperson Deaton commented that she felt 27 lot of time had been spent reviewing items for which Staff needed no direction. Mr. 28 Whittenberg indicated that because it had been several months since the last 29 discussion, he wished to ensure that the Commission was in agreement. He also noted 30 that Commissioners Massa-Lavitt and DeLay were not yet seated on the PC when the 31 previous discussion had taken place. 32 33 Mr. Whittenberg reported that notification of the October 10, 2007, study session on 34 residential standards will be published in the Sun Newspaper. 35 36 STAFF CONCERNS 37 38 Mr. Whittenberg reported that California Pizza Kitchen, Chico's, Coldwater Creek, 39 Peet's Coffee and Tea, and The Rossmoor Cleaners are now open at the Shops at 40 Rossmoor, and Mel's Diner is scheduled to open at the end of October. 41 42 COMMISSION CONCERNS 43 44 Chairperson Deaton requested a status on the old Standard Oil Service Station site. 45 Mr. Whittenberg stated that Staff reviewed preliminary plans approximately 6-8 weeks 12 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 City of Seal Beach Planning Commission Meeting Minutes of September 19, 2007 ago and provided comments, but have not heard anything from the property owner. Chairperson Deaton requested a copy of the comments. ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:45 p.m. Respectfully Submitted, ~^^-~- Carmen Alvarez, Executive Secretary Planning Department APPROVAL The Commission on October "17, 2007, approved the Minutes of the Planning Commission Meeting of Wednesday, September 19, 2007. ~A.' 13 of 13