HomeMy WebLinkAboutPC Min 2008-02-20
City of Seal Beach Planning Commission
Agenda for February 20, 2008
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. January 2008 Building Activity Report
2. RECEIVE AND FILE: "Affordable by Choice: Trends in California
Inclusionary Housing Programs," - Non-Profit Housing Association of
Northern California.
VI. SCHEDULED MATTERS
3. Adoption of Resolution 07-21 Recommending Denial of General Plan
Amendment 06-2 and Adoption of Resolution 07-23 Recommending Denial of
Zone Change 06-2 for 1011 Seal Beach Boulevard (Seal Beach Townhomes
Project).
1
City of Seal Beach Planning Commission' Agenda of February 20, 2008
VII. PUBLIC HEARING
4. Conditional Use Permit 08-1
12301 Seal Beach Boulevard (Sprouts Farmers Market)
ApplicanUOwner: Sprouts Farmers Market, L.L.C.
Request: To permit the off-premise sale of beer and wine (Type
20 License) and an outdoor seating area in conjunction
with a new grocery store located in the Shops at
Rossmoor.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-3.
5. Conditional Use Permit 08-2
12415 Seal Beach Blvd. (PetSmart)
ApplicanUOwner: Austin Podrat/Rossmoor Shops LLC
Request: To establish a pet store with pet boarding facilities and
veterinary services. The store will also provide pet
grooming, pet training, and pet adoption services.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-6.
6. Variance 08-1
901-1101 Pacific Coast Highway (Seal Beach Center)
ApplicanUOwner: Paul Sheppard/ Regency Centers
Request: To allow less than Code-required parking/shared
parking within an existing shopping center.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-5.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
To adjourned meeting of March 5, 2008, at 7:30 P.M.
2
Mar 05
Mar 19
Apr 09
Apr23
May 07
May 21
Jun 04
Jun 18
Jul09
Jul23
Aug 06
Aug 20
Sep 03
Sep 17
Oct 08
Oct 22
Nov 05
Nov 19
Dec 03
Dec 17
City of Seal Beach Planning Commission' Agenda of February 20, 2008
2008 Aaenda Forecast
Minor Plan Review 08-4
Minor Plan Review 08-5
- 4540 Ironwood Avenue
- 125 Coastline Drive
3
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of February 20, 2008
4
5
6
7 Vice-Chairperson Roberts called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, February 20, 2008. The meeting was
1
9 held in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Vice-Chairperson Roberts, Commissioners Bello, DeLay, and Massa-Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
20
21 Absent: Chairperson Deaton
22
23
24 Mr. Whittenberg noted for the record that Chairperson Deaton had indicated that she
25 would be absent from tonight’s meeting. He requested a motion to excuse her absence.
26
27 MOTION by Massa-Lavitt; SECOND by DeLay to excuse Chairperson Deaton from the
28 Planning Commission meeting of February 20, 2008.
29
MOTION CARRIED: 4 – 0 – 1
30
AYES: Roberts, Bello, DeLay, and Massa-Lavitt
31
NOES: None
32
ABSENT: Deaton
33
34
AGENDA APPROVAL
35
36
37 MOTION by Bello; SECOND by DeLay to approve the Agenda as presented.
38
MOTION CARRIED: 4 – 0 – 1
39
AYES: Roberts, Bello, DeLay, and Massa-Lavitt
40
NOES: None
41
ABSENT: Deaton
42
43
44
1
These Minutes were transcribed from audiotape of the meeting.
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ORAL COMMUNICATIONS
1
2
3 Vice-Chairperson Roberts opened oral communications.
4
th
5 Jim Wolfelt, 16 Street, spoke on the problem of multiple construction projects for new
th
6 homes going on at the same time along the 200 block of 16 Street. He noted that this
7 is a narrow, one-way street and each construction site usually has a large forklift crane
8 vehicle parked on the street, which takes up 3-4 parking spaces, and when being driven
9 along the street, this forklift totally blocks traffic. He explained that this then makes it
10 necessary for residents to back their vehicles all the way down the street in order to exit.
11 He recommended limiting construction to one home at a time, as having three projects
12 operating at the same time is a great inconvenience to neighboring residents and
13 creates safety hazards for emergency vehicles.
14
15 Rich Welter, the applicant for Item No. 3, requested that the Planning Commission grant
16 a 6-week continuance to allow him to meet with the members of the public who spoke
17 during the public hearing for the Seal Beach Townhomes at the Planning Commission
18 meeting of February 6, 2008. He stated that he also wishes to meet with the Seal
19 Beach Chamber of Commerce, and to work with Staff in an attempt to address the
20 concerns expressed.
21
22 There being no one else wishing to speak, Vice-Chairperson Roberts closed oral
23 communications.
24
CONSENT CALENDAR
25
26
27 1. January 2008 Building Activity Report
28
29 2. RECEIVE AND FILE: “Affordable by Choice: Trends in California Inclusionary
30 Housing Programs,” – Non-Profit Housing Association of Northern California.
31
32 MOTION by Bello; SECOND by Massa-Lavitt to approve the Consent Calendar as
33 presented.
34
MOTION CARRIED: 4 – 0 – 1
35
AYES: Roberts, Bello, DeLay, and Massa-Lavitt
36
NOES: None
37
ABSENT: Deaton
38
39
SCHEDULED MATTERS
40
41
42 3. Adoption of Resolution 07-21 Recommending Denial of General Plan Amendment
43 06-2 and Adoption of Resolution 07-23 Recommending Denial of Zone Change
44 06-2 for 1011 Seal Beach Boulevard (Seal Beach Townhomes Project).
45
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1 Vice-Chairperson Roberts polled the Commission on granting Mr. Welter’s request for a
2 6-week continuance.
3
4 Commissioner Bello stated that she has heard very strong concerns about this project
5 and she would not be willing to grant a contintuance.
6
7 Commissioner Massa-Lavitt stated that the plans she reviewed were dated May 2006
8 and she believes there has been enough time to make the needed changes. She said
9 she would not support a continuance.
10
11 Commissioner DeLay stated he is not in favor of a continuance.
12
13 Vice-Chairperson Roberts stated that because City Council (CC) remains to hear this
14 item at a scheduled public hearing, he believes the applicant will have the opportunity to
15 meet with the parties he has indicated in the interim. He asked the Director of
16 Development Services if this is correct. Mr. Whittenberg stated that the project as
17 presented to the Planning Commission (PC) is the project that would be considered by
18 CC at a future public hearing. He explained that if the applicant were to propose
19 substantial changes to the project, there would need to be a review of these changes by
20 the PC and a determination made to recommend approval or denial to CC.
21
22 MOTION by Massa-Lavitt; SECOND by Bello to adopt as presented Resolution 07-21
23 recommending denial of General Plan Amendment 06-2, and adopt Resolution 07-23
24 recommending denial of Zone Change 06-2 for 1011 Seal Beach Boulevard (Seal
25 Beach Townhomes Project).
26
MOTION CARRIED: 4 – 0 – 1
27
AYES: Roberts, Bello, DeLay, and Massa-Lavitt
28
NOES: None
29
ABSENT: Deaton
30
31
32 Mr. Whittenberg stated that a new set of public hearings before CC will be scheduled
33 with notice published in the Sun Newspaper and mailed to all property owners and
34 residents within 300 feet of the property. He noted that CC would be conducting a
35 public hearing and would be hearing it as a new project with the recommendation from
36 the PC to deny.
37
PUBLIC HEARINGS
38
39
40 4. Conditional Use Permit 08-1
41 12301 Seal Beach Blvd. (Sprouts Farmers Market)
42
43 Applicant/Owner: Sprouts Farmers Market, L.L.C.
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1 Request: To permit the off-premise sale of beer and wine (Type 20
2 License) and an outdoor seating area in conjunction with a
3 new grocery store located in the Shops at Rossmoor.
4
5 Recommendation: Approval, subject to conditions, and adoption of Resolution
6 08-3.
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 and noted that the
.)
12 proposed market comprises approximately 24,826 sq. ft. and is located adjacent to the
13 existing Circuit City home appliance and electronics store. He stated that the nearest
14 residences are approximately 150 feet to the north of the proposed building, across
15 Rossmoor Center Way. He indicated that Lt. Tim Olsen of the Seal Beach Police
16 Department has stated that they have no objections to the application for Conditional
17 Use Permit 08-1, as long as all conditions of approval are adhered to. He added that
18 Staff has received no comments in response to the notices for this public hearing and
19 recommends approval subject to conditions.
20
21 Commissioner Questions
22
23 Commissioner Massa-Lavitt asked if patrons purchasing alcohol would be able to
24 consume it within the outdoor seating area. Mr. Olivera stated that signage is to be
25 posted outside the store prohibiting the consumption of alcohol in the outdoor seating
26 area.
27
28 Vice-Chairperson Roberts asked if approved, would Alcohol Beverage Control (ABC)
29 consider this to be an overconcentration of alcohol licenses within this tract. Mr. Olivera
30 stated that ABC would not consider this an overconcentration, as they classify on-
31 premise and off-premise licenses separately. He noted that currently there is an
32 overconcentration with on-sale licenses, but this does not mean that more licenses
33 cannot be approved. He said that a new application for an on-premise license would
34 simply have to receive certification from the City that the license meets a public
rd
35 convenience or need. He noted that if approved, this would be the 3 off-premise
36 license, which would be the maximum allowed for this tract.
37
38 Public Hearing
39
40 Vice-Chairperson Roberts opened the public hearing.
41
42 Mike Brewer spoke on behalf of Sprouts Farmers Market and stated that they are very
43 excited about opening a new store in Seal Beach and believe that it will be a nice
44 addition to the community. He thanked Staff for working with them on this project. He
45 noted that currently the proposed store hours are 8:00 a.m. to 10:00 p.m., but Sprouts is
46 requesting that the store hours be amended to 7:00 a.m. to 11:00 p.m. He indicated
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1 that this would provide flexibility to extend the hours of operation, should the community
2 desire this. Vice-Chairperson Roberts asked if all Sprouts locations sell alcoholic
3 beverages. Mr. Brewer stated that the owners of Sprouts Farmers Market formerly
4 owned Henry’s Natural Food Markets. He explained that Sprouts specializes in health
5 foods and organic wines, and most customers who shop in traditional large grocery
6 stores would expect to have all of the same amenities when shopping at Sprouts. Vice-
7 Chairperson Roberts asked if the plans reflect the total number of tables and seats
8 proposed for the outdoor seating. Mr. Brewer stated that he believes the plans reflect
9 the correct number of seats. Mr. Olivera stated that City Code does limit outdoor
10 seating to 12 seats. Mr. Whittenberg clarified that the current Zoning Code (ZC) does
11 not set a limit; however, the proposed ZC will limit this to 12 seats. He indicated that the
12 condition as proposed approves the project in accordance with the plans submitted,
13 which show three 4-seat tables. Mr. Brewer added that Sprouts has no intention of
14 allowing consumption of alcohol in the outdoor seating area and will post signage
15 prohibiting this.
16
17 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
18 hearing.
19
20 Commissioner Comments
21
22 Vice-Chairperson Roberts polled the Commission regarding Mr. Brewer’s request for a
23 change in the hours of operation. Mr. Whittenberg stated that Staff is recommending a
24 one-year review of this CUP. Commissioner Massa-Lavitt stated that she does not
25 believe Sprouts will become any kind of “hangout” and a 7:00 a.m. opening time would
26 be convenient for shoppers wishing to make a purchase before work. Vice-Chairperson
27 Roberts asked if Mel’s Diner were open until 11:00 p.m. Mr. Whittenberg stated that he
28 believes the closing time for Mel’s is 1:00 a.m. and the closing time for the other
29 restaurant uses is 11:00 p.m. on weekdays and midnight on weekends.
30
31 Commissioner Massa-Lavitt stated that Sprouts would be a great asset to the City.
32
33 MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 08-1,
34 subject to conditions, and adopt Resolution 08-3 as amended.
35
MOTION CARRIED: 4 – 0 – 1
36
AYES: Roberts, Bello, DeLay, and Massa-Lavitt
37
NOES: None
38
ABSENT: Deaton
39
40
41 Mr. Flower advised that the adoption of Resolution No. 08-3 begins a 10-day calendar
42 appeal period to the City Council. The Commission action tonight is final and the
43 appeal period begins tomorrow morning.
44
45 5. Conditional Use Permit 08-2
46 12415 Seal Beach Blvd. (PetSmart)
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1 Applicant/Owner: Austin Podrat/Rossmoor Shops LLC
2
3 Request: To establish a pet store with pet boarding facilities and
4 veterinary services. The store will also provide pet
5 grooming, pet training, and pet adoption services.
6
7 Recommendation: Approval, subject to conditions, and adoption of Resolution
8 08-6.
9
10 Staff Report
11
12 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
13 He provided some background information on this item and noted that the
Department.)
14 proposed pet store will measure approximately 27,696 sq. ft. and will be part of a new
15 structure to be located where the existing Roger Dunn golf shop is and former Contours
16 Express women’s gym was located. He stated that the nearest residences are
17 approximately 150 feet to the west of the proposed building, directly behind. He stated
18 that the Shops at Rossmoor management had conducted a community meeting on
19 February 11, 2008, with homeowners associations for the surrounding residential
20 properties to address concerns regarding locating a pet store at the proposed location.
21 Mr. Olivera then noted that he had visited existing PetSmart stores in Signal Hill and
22 Long Beach and found them to be very clean and with no evidence of noise emanating
23 from the pet hotel at the Long Beach store. He said that this new construction is to be
24 built to pet store specifications with noise attenuation and soundproof walls. He
25 indicated that Staff has received no comments in response to the public notices for
26 Conditional Use Permit 08-2 and Staff is recommending approval, subject to conditions.
27
28 Mr. Whittenberg noted that Staff has provided a memorandum outlining modifications to
29 the Conditions of Approval.
30
31 Commissioner Questions
32
33 Vice-Chairperson Roberts asked what the capacity is for the PetSmart pet hotel in Long
34 Beach. Mr. Olivera stated that when visiting the store he heard no noise at all when he
35 walked into the pet hotel section, but once he walked through the kennels he noted that
36 75% of them were occupied with well behaved animals. When he inquired about this,
37 the manager explained that pets are screened before they are taken in and aggressive
38 dogs with obedience problems are not allowed.
39
40 Public Hearing
41
42 Vice-Chairperson Roberts opened the public hearing.
43
44 Austin Podrat of Century National Properties (CNP) and Rossmoor Shops LLC stated
45 that they are in full agreement with all of the conditions of approval and appreciated the
46 help of Staff in preparing the Staff Report. He said that CNP and the Rossmoor Shops
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1 look forward to providing the community with a first class pet operation. He indicated
2 that PetSmart has gone to great lengths to completely mitigate any odors or noise and
3 once the residents understood that the pet hotel and the veterinary services would be
4 completely contained within the premises, they had no further concerns regarding this
5 project.
6
7 Thomas Reilly stated that he lives in the Bridge Creek condominium complex at 12466
8 Montecito Road, which is immediately adjacent to the parking lot from the existing
9 Roger Dunn and Contours building. He said he opposes this plan and is also speaking
10 on behalf of Laura Gallo and Carolyn Borg. He stated that Ms. Borg had visited the
11 Long Beach PetSmart to observe the operation, and within one-half hour she observed
12 four dogs defecating outside the premises and there was no cleaning up after them. He
13 then expressed his firm belief that his homeowners association received no notice of a
14 community meeting, and their condos are the ones most immediately affected by this
15 project. He questioned whether the stores mentioned are close to any residential units,
16 and asked what recourse residents would have should they experience problems with
17 noise from this new PetSmart. Mr. Olivera mentioned that the PetSmart stores in Signal
18 Hill and Long Beach are not in close proximity to any residential areas. He added that
19 with regard to noise, the project is conditioned that it must comply with the City of Seal
20 Beach Noise Ordinance, and if there are any problems this project could be revisited
21 and the CUP could be revoked. Vice-Chairperson Roberts referred to the noise study
22 provided by PetSmart and asked if the measurements cited would meet the standards
23 for the City’s noise ordinance. Mr. Olivera stated that they would.
24
25 Madelyn Jackrel of Century National Properties (CNP) and Rossmoor Shops LLC stated
26 that CNP had provided an invitation to all three of the condo associations, but later
27 found that the management of one of the associations had not distributed the notice.
28 She noted that one resident from Bridge Creek did come and was given a virtual tour
29 that alleviated her concerns. Vice-Chairperson Roberts asked how many residents had
30 attended the meeting. Ms. Jackrel reported that only 3 residents attended. She said
31 that the other associations invited had sent word that they were happy with the center.
32 Vice-Chairperson Roberts asked if the meeting addressed PetSmart only. Ms. Jackrel
33 stated that the discussion included the development of this final portion of the center
34 and PetSmart.
35
36 Bobby Mansuer, Orange County District Manager for PetSmart, stated that with regard
37 to animal waste, all of the stores are equipped with an outdoor oops station for disposal
38 of waste and there are 4 of these stations inside each store. He said that all of the walls
39 in the pet hotel are metal studs with insulation, full height ceilings, and dropped ceiling
40 to create noise reduction. He noted that there are no open or outdoor kennels. Vice-
41 Chairperson asked what the capacity of the hotel would be. Mr. Mansuer stated that he
42 does not have an exact number, but noted that the Tustin Marketplace hotel has 100
43 rooms and the Long Beach hotel has approximately 140 rooms. Vice-Chairperson
44 Roberts stated that the study on noise and odors was quite impressive, particularly the
45 information on the separate ventilation systems for dogs and cats. Mr. Mansuer noted
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1 that PetSmart does have a program that requires the manager to make hourly
2 inspections outside the store for waste that needs to be picked up.
3
4 Austin Podrat emphasized that the operation at this center is first class with three
5 employees specifically dedicated to parking lot areas, to ensure that they are clean,
6 safe, and that landscaping is well maintained. He added that the evening security patrol
7 is also responsible for ensuring that the common areas and parking lots are kept clean.
8 He indicated that this PetSmart hotel will have approximately 148 rooms (58 large
9 rooms, 78 regular size rooms, and 16 suites).
10
11 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
12 hearing.
13
14 Commissioner Comments
15
16 Commissioner Massa-Lavitt stated that with the sound attenuation built in, one could not
17 possibly hear the dogs barking. She recommended revisiting this project to ensure that
18 there are no issues with noise. Mr. Flower noted that Staff has added a condition that
19 this approval be subject to a 12-month review.
20
21 Commissioner Bello stated that she was not aware of all of the services offered for pets
22 through PetSmart. She indicated that she had researched the PetSmart Company
23 online and it appears that they do run a good operation.
24
25 Commissioner DeLay asked if a 6-month review period would be appropriate.
26
27 Mr. Whittenberg noted that if Conditional Use Permit 08-2 is approved and the City
28 begins to receive complaints related to the operation of this store prior to the end of the
29 review period, the City can bring the application before the PC for violation of their
30 Conditions of Approval.
31
32 Vice-Chairperson Roberts stated that he is concerned with sanitation, and noted that
33 PetSmart does have the clean-up stations both in the parking lot and inside the store.
34 He asked if there were a condition or procedure that would provide for cleaning of the
35 PetSmart parking lot area. Mr. Whittenberg noted that under the National Pollution
36 Discharge Elimination System (NPDES) standards imposed on cities by state water
37 quality boards, hosing down of parking lots would not be permitted. He indicated that
38 Staff would have to work with the applicant on this, as they would have to use
39 something with a sand base to it in a confined area with no drainage out of the area.
40 Vice-Chairperson Roberts then noted that, with regard to noise and odors, the reports
41 provided are quite complete and have relieved his concerns that these would be a
42 problem. He agreed that a 6-month review period would be appropriate. He
43 encouraged CNP and Rossmoor Shops to schedule another meeting to provide
44 opportunity for more residents to attend.
45
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1 MOTION by Bello; SECOND by DeLay to approve the Conditional Use Permit 08-2,
2 subject to conditions and a 6-month review, and adopt Resolution 08-6 as amended.
3
MOTION CARRIED: 4 – 0 – 1
4
AYES: Roberts, Bello, DeLay, and Massa-Lavitt
5
NOES: None
6
ABSENT: Deaton
7
8
9 Mr. Flower advised that the adoption of Resolution No. 08-6 begins a 10-day calendar
10 appeal period to the City Council. The Commission action tonight is final and the
11 appeal period begins tomorrow morning.
12
13 6. Variance 08-1
14 901-1101 Pacific Coast Highway (Seal Beach Center)
15
16 Applicant/Owner: Paul Sheppard/ Regency Centers
17
18 Request: To allow less than Code-required parking/shared parking
19 within an existing shopping center.
20
21 Recommendation: Approval, subject to conditions, and adoption of Resolution
22 08-5.
23
24 Staff Report
25
26 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
27 He provided some background information on this item and noted that the
Department.)
28 proposed variance would allow the property owner, Regency Centers, to utilize a
29 parking demand analysis to justify a Variance for relief from Code required parking
30 standards. He explained that an original parking demand analysis showed 421 spaces
31 within the center being utilized with 438 spaces available, but when Staff calculated the
32 current individual uses within the center according to their respective parking
33 requirements, the total demand came to approximately 500 spaces. Staff also
34 discovered that the spreadsheet formulas used to calculate required parking totals were
35 not correctly adding the numbers and both Staff and Regency Center had relied on
36 these incorrect totals to determine the amount of available parking within the center. He
37 indicated that once Staff noticed this error, Regency Centers was informed and after
38 consultation with the City Attorney Staff determined that a new Shared Parking Analysis
39 reflecting current and future projected uses within the center would be required, along
40 with an application for a Variance from required code parking standards, as the code
41 does not currently allow that a shared parking analysis be used in-lieu of code required
42 parking.
43
44 Mr. Olivera then stated that Staff feels, from a functional standpoint, there should be
45 adequate parking to serve all present uses within the center, but still has reservations
46 regarding the long term functionality of the parking lot, as vacant lease spaces remain
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1 and the Pavilions Supermarket is still under construction. He indicated that in order to
2 maintain control of parking issues that may arise in the future, Staff is recommending
3 that the Planning Commission (PC) approve Variance 08-1 with conditions, one of
4 which would be that the applicant return before the PC after Pavilions has opened for
5 business to review the continued functionality of parking within the center and provide
6 alternative means to accommodate parking, should Staff determine that it has become
7 dysfunctional.
8
9 Mr. Olivera ended by stating that Staff received one phone call in response to the public
10 notices for CUP 08-1, with the caller requesting clarification on what the applicant was
11 requesting and to express concerns about the possibility of Seal Beach Center patrons
12 parking within the adjacent neighborhood. He noted that no parking is allowed along
13 Bolsa and Balboa Avenues but is not prohibited further into the neighborhood. He
14 indicated that Staff feels the project is adequately conditioned to address parking should
15 it become an issue in the future.
16
17 Commissioner Questions
18
19 None.
20
21 Public Hearing
22
23 Vice-Chairperson Roberts opened the public hearing.
24
25 Erwin Bucy of Regency Centers stated that he has received positive feedback on the
26 inclusion of Super Mex within the Seal Beach Center. He acknowledged that Regency’s
27 parking analysis did not calculate the impacts of the other center uses and noted that
28 Regency does want to ensure that there is adequate parking to serve both the retailers
29 and their customers. He noted that per current City Code parking requirements for a
30 nail salon would be 20/1,000, a restaurant requires 10/1,000, and a neighborhood
31 grocery anchor shopping center requires a standard ratio of 4/1,000. He explained that
32 Regency had engaged Linscott, Law & Greenspan (LLG) to look at the existing parking
33 demand and different uses within the center and determine the usage at different times
34 throughout the day. LLG was also to compare parking requirements and ratios for
35 varied uses in neighboring cities.
36
37 Kyle Mayberry of Linscott, Law & Greenspan stated that in reviewing the zoning
38 standards for neighboring cities LLG was unable to find a code that specifically
39 addressed nail and beauty salons or barber shop uses. He explained that most cities
40 use a 4/1,000 ratio for a shopping center as a whole, and this is what caused the
41 distortion in the calculations made for the Seal Beach Center. Vice-Chairperson
42 Roberts confirmed that LLG’s analysis puts in a contingency factor of 5 percent. Mr.
43 Mayberry stated that this was correct and stated that the parking code does have a
44 safety factor built in, but LLG also includes a 5 percent factor for daily and seasonal
45 variations. Vice-Chairperson Roberts noted that the report highlights two cities that use
46 shared parking as the sole method of determining parking allocations. He asked if this
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1 has proven successful. Mr. Mayberry noted that the shared parking is included in these
2 city codes as a recommended use and most cities allow shared parking in some form.
3 Vice-Chairperson Roberts stated that should parking become a problem, he is
4 concerned that the shopping center will gain a reputation for lack of parking, and
5 customers will avoid it. Mr. Mayberry stated that this is not a theoretical study, but was
6 completed with existing counts and looking at the uses remaining to be occupied, it is
7 not likely that it will create a demand greater than what currently exists. Vice-
8 Chairperson Roberts asked if LLG believes the layout of the parking in general
9 accommodates the layout of the structures. Mr. Mayberry stated that there is no space
10 further than 100 feet from the buildings.
11
12 Commissioner Massa-Lavitt referred to the site plan and inquired about the site for the
13 “new service station,” and asked if this was to be a gas station. Mr. Whittenberg
14 confirmed that this is a fuel station that was approved but has not yet been constructed.
15 Commissioner Massa-Lavitt asked if this proposed space will be striped for parking
16 meanwhile the fuel station is constructed. Mr. Bucy stated that it would be striped and
17 noted that Pavilions does understand the dynamic of the trade area and has not
18 determined whether they will continue with construction of the service station. He noted
19 that Pavilions has one year after opening to make this decision and added that based
20 upon his experience, previously there was a big push to build gas stations with grocery
21 stores, but this trend has not continued. He noted that the center is striped 10 percent
22 for compact cars and City Code allows for up to 25 percent. Vice-Chairperson Roberts
23 asked if all of the spaces for cart storage have been accounted for, to which Mr. Bucy
24 responded that these have been counted. Commissioner Massa-Lavitt asked for the
25 total number of available parking spaces. Mr. Bucy stated that there would be 419
26 parking spaces, assuming the fueling station is in place, and approximately 20
27 additional spaces would be available without the fueling station. Commissioner Massa-
28 Lavitt asked if the City had any control over construction of the fueling station. Mr.
29 Whittenberg responded that although it was approved the PC could determine to
30 approve the shared parking program with the condition that a modification to the plan be
31 considered if there is a loss of parking spaces over what would be required under the
32 shared parking analysis.
33
34 Art Warner, Marble Cove Way, stated that over the last few years the parking issue has
35 been brought up by surrounding residents at all public hearings for this center, and the
36 City has always assured residents that there is sufficient parking, but the reality is that
37 with many local developments parking is always an issue as the spaces are small, and
38 there is always a shortage. He explained that even with the allotted spaces the manner
39 in which the parking lot is divided makes it difficult to park and is not as useful as the
40 previous center, yet the newly designed center is larger and will generate even more
41 traffic. He stated that if more parking is needed, the Daily Grind should be removed, as
42 it was constructed in the middle of the parking lot. He pondered how this would work
43 with a gas station in the middle of the parking lot. He stated that Regency has already
44 been granted many variances and should be required to abide by City Code just like
45 everyone else. He recommended denial of Variance 08-1.
46
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1 Michael Bremser, Coastline Drive, also stated that parking has been discussed
2 frequently and referred to the Mitigated Negative Declaration (MND) presented in 2005
3 and the response to comments, which noted that the required parking was to be 419
4 spaces, with no variance. He indicated that Seal Beach is a destination place during
5 the summer and many of the visitors from out of town frequent this center, making the 5
6 percent allowance insufficient. He also noted whether the ongoing recycle operation at
7 this location has been factored into the parking plan, as it uses large containers that
8 take up a lot of space. He spoke against a “wait and see” approach to the parking
9 situation and noted that the last thing residents want is heavy traffic congestion along
10 Pacific Coast Highway, right in the center of the city.
11
12 Clyde Huizenga, Coastline Drive, expressed his dismay that at this point it has been
13 determined that parking is inadequate and he is also concerned that the entry to the
14 new Vons has been relocated to face the rear corner parking area, which will create
15 more traffic along Bolsa and Balboa Avenues. He also noted that the new recycling bin
16 that was relocated from the Pacific Coast Highway (PCH) side to the corner of Bolsa
17 and Balboa Avenues takes up 4-5 parking spaces. He then stated that after two years
18 the mechanical equipment atop the shops building has not been properly screened, as
19 promised by Regency Centers.
20
21 Joe Klein, Marlin Avenue, stated that he lives near the center and he and his neighbors
22 are very concerned about overflow from the parking lot. He noted that Mr. Huizenga
23 had “said it all,” and he concurs with all of his comments. He recommended denial of
24 Variance 08-1.
25
26 Cheryl Moore, Marlin Avenue, said she had asked several neighbors to come to the
27 meeting tonight, to which they responded, “What is the point? They are going to do
28 whatever they want.” She stated that the existing parking lot is a mess.
29
30 Erwin Bucy stated that Regency had spent a lot of time working with Staff on this project
31 and he believes that, aesthetically, it is a beautiful project. He indicated that the loading
32 dock is enclosed and although the recycle bin is temporarily located in the rear parking
33 lot, it will be located near the loading dock, which was a condition of approval. He
34 stated that The Daily Grind has been an institution in Seal Beach and Regency felt it
35 was important to keep them as well as the variety of tenants that have been in the
36 shopping center for many years. He said that Regency would not support this Variance
37 if they did not think it would work, and added that Regency wants to be a good
38 neighbor. Vice-Chairperson Roberts asked if Regency had received complaints about
39 queuing at The Daily Grind. Mr. Bucy stated he has not had complaints. Vice-
40 Chairperson Roberts asked if the main entrance would be the only entrance to the Vons
41 Market. Mr. Bucy noted that one entrance faces the primary parking lot and the other is
42 located at the corner of the market, which facilitates access for pedestrian traffic. Vice-
43 Chairperson Roberts then inquired about screening of the roof equipment on the shop
44 building. Mr. Bucy stated that although not invisible, Regency did work with Staff and
45 the architect in coming up with a means for screening the equipment, but if Regency
46 needs to go beyond this, they can do so. Mr. Whittenberg interjected that the City
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1 standards require that rooftop equipment be screened from the sidewalk across the
2 street at a 6-ft. height, but the lots across the streets are at a higher elevation, so from
3 inside the homes they would probably be able to see the equipment.
4 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
5 hearing.
6
7 Commissioner Comments
8
9 Commissioner Massa-Lavitt cautioned against shop owners having employees park on
10 the street and noted that they must be made aware of this. Mr. Whittenberg noted that
11 no parking is allowed on either Balboa or Bolsa Avenues; however, parking is allowed
12 along PCH and has been for years. He added that verification of notice to employees
13 from shop owners regarding parking could be included in the Conditions of Approval.
14 Commissioner Massa-Lavitt then inquired about the fueling station. Mr. Whittenberg
15 stated that the PC could condition approval of VAR 08-1 to require that once Vons
16 opens for business, the parking demand be evaluated to determine if there is adequate
17 parking, even with the 5 percent seasonal adjustment. Mr. Whittenberg noted that
18 salons will usually have a greater demand for parking, and he briefly commented on the
19 utility of a shared parking program. He also reminded that PC that under the new
20 Zoning Code (ZC) shared parking programs are proposed to be approved through the
21 Administrative Use Permit process. Vice-Chairperson Roberts then added that 16
22 percent of the allocated parking is for salons, or 70 spaces out of 420. Commissioner
23 Massa-Lavitt stated that should Vons decide to go ahead with the fueling station, she
24 would like the PC to review this plan, as she has observed that these types of stations
25 tend to compromise traffic circulation within the parking lot. Mr. Olivera stated that the
26 condition for the 6-18-month window would take the potential for the future fueling
27 station into account, as Vons has 12 months after opening to begin construction. He
28 added that should Vons go forward with this, Staff would then have time to revisit the
29 parking analysis.
30
31 Commissioner Bello stated that she supports shared parking, but is also sensitive to the
32 concerns expressed by residents tonight. She noted that when she visits the center it is
33 always very crowded. She recommended monitoring this situation closely.
34
35 Commissioner DeLay stated that this is a difficult situation and he does not know how to
36 resolve it. He said it was a shame that this was not previously addressed.
37
38 Vice-Chairperson Roberts stated that unfortunately it appears that errors of omission or
39 misinterpretation led to this situation and he is not certain that denying this Variance
40 would benefit anyone. He said he liked the idea of notifying employers about their
41 employee parking. He noted that this will be a highly utilized parking lot and requested
42 that Staff include a condition that employers designate employee parking within those
43 less desirable areas of the parking lot. He also requested that the PC receive
44 notification as early as possible, should Vons decide to move forward with the fueling
45 station, so as to have opportunity to review the impacts upon parking. He then
46 indicated that he sees no benefit in imposing more compact parking
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1 With regard to designating employee parking spaces, Mr. Whittenberg stated that if
2 these spaces are identified as employee parking, customers will not park in these
3 spaces when they are not being used. Vice-Chairperson Roberts noted that he was
4 considering a percentage of spaces for the nominal employee staffing level for the
5 entire shopping center.
6
7 Commissioner Massa-Lavitt stated that she see no shopping cart locations designated
8 on the plans. Mr. Whittenberg stated that the final plans do show shopping cart
9 locations and they are not counted as parking spaces. Commissioner Massa-Lavitt said
10 if Staff is happy with the parking lot layout, she is happy. Mr. Whittenberg commented
11 that the PC could create a condition stating that should Vons make the determination to
12 develop the fueling station, this project must return before the Commission for review.
13 Commissioner Massa-Lavitt agreed. Vice-Chairperson Roberts suggested continuing
14 the public hearing for this item so that Chairperson Deaton might provide her input. Mr.
15 Whittenberg stated that this would also allow the applicant and interested public to
16 review the language proposed by Staff prior to the PC taking action. Vice-Chairperson
17 Roberts confirmed that he would re-open the public hearing and this item would be
18 continued.
19
20 MOTION by Massa-Lavitt; SECOND by Bello to re-open the public hearing for Variance
21 08-1 continue this item to the next scheduled Planning Commission meeting of March 5,
22 2008.
23
MOTION CARRIED: 4 – 0 – 1
24
AYES: Roberts, Bello, DeLay, and Massa-Lavitt
25
NOES: None
26
ABSENT: Deaton
27
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29 Mr. Whittenberg noted that Staff would work with the City Attorney in drafting additional
30 language and the conditions of approval regarding review of the fueling station, and
31 Staff will also conduct further discussion with the traffic engineer regarding how to best
32 address the issue of employee parking. Mr. Whittenberg noted that no additional notice
33 on this item would be mailed or published.
34
STAFF CONCERNS
35
36
37 Mr. Whittenberg referred to the previous Study Session on Floor Area Ratios (FAR) and
38 noted that Staff will return with a study session on FARs at the March 5, 2008 PC
39 meeting, and depending upon the outcome, Staff may be prepared to return on March
40 19, 2008, with the Final Draft Zoning Code Revision for review by the Commission.
41
42 He then indicated that City Staff has been reviewing plans to rebuild Fire Station 48,
43 which is located off of Seal Beach Boulevard near the I-405 Freeway. He noted that the
44 PC will eventually review these plans as well as an environmental review document on
45 this project.
46
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Mr. Flower stated that Chairperson Deaton had requested that he report on a legal case
involving the City of Half Moon Bay, and asked if the PC preferred to postpone this
discussion until the next scheduled meeting when Chairperson Deaton would be
present. The Commission agreed to defer this discussion until then.
COMMISSION CONCERNS
None.
ADJOURNMENT
Vice-Chairperson Roberts adjourned the meeting at 9:20 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secret
Planning Department
APPROVAL
The Commission on March 19, 2008, approved th~ Minutes of the Planning
Commission Meeting of Wednesday, February 20, 2008. ~.
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