HomeMy WebLinkAboutPC Min 2008-04-23City of Seal Beach Planning Commission
Agenda for April 23, 2008
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
AGENDA APPROVAL
III.
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.
ORAL COMMUNICATIONS
IV.
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.
CONSENT CALENDAR
V.
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. March 2008 Building Activity Report.
2. Approve Planning Commission Meeting Minutes of April 9, 2008.
3. RECEIVE AND FILE: “Orange County 2008 Community Indicators” Report.
4. RECEIVE AND FILE: Various Articles of Interest
5. Minor Plan Review 08-7
974 Heron Circle
Applicant/Owner: Greg and Denise Danner
1
City of Seal Beach Planning Commission • Agenda of April 23, 2008
Request: To construct a new freestanding barbecue and counter
structure within the required side yard setback area;
and a pool slide and rock grotto in conjunction with a
new pool and spa within the required rear and side yard
setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-11.
SCHEDULED MATTERS
VI.
6. Adopt Resolution 08-9 approving Conditional Use Permit 08-3 for Vino
Voyage, 302 Main Street.
PUBLIC HEARING
VII.
7. Variance 08-1
901-1101 Pacific Coast Highway (Seal Beach Center)
(Continued from April 9, 2008)
Applicant/Owner: 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.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To meeting of May 7, 2008, at 7:30 P.M.
2
City of Seal Beach Planning Commission • Agenda of April 23, 2008
2008 Agenda Forecast
May 07
Minor Plan Review 08-8 - 3641 Oleander Street
May 21
Jun 04
Jun 18
Jul 09
Jul 23
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Aug 20
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Sep 17
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Oct 22
Nov 05
Nov 19
Dec 03
Dec 17
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of April 23, 2008
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, April 23, 2008. 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, Massa-Lavitt, and
Roberts.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Jerry Olivera, Senior Planner
Steve Flower, Assistant City Attorney
Absent: None
AGENDA APPROVAL
MOTION by Roberts; SECOND by Massa-Lavitt to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Delay, Massa-lavitt, and Roberts
None
None
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
There being no one wishing to speak, Chairperson Deaton closed oral communications.
CONSENT CALENDAR
1. March 2008 Building Activity Report.
2. Approve Planning Commission Meeting Minutes of April 9, 2008.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of April 23, 2008
3. RECEIVE AND FILE: "Orange County 2008 Community Indicators" Report.
4. RECEIVE AND FILE: Various Articles of Interest
5. Minor Plan Review 08-7
974 Heron Circle
Applicant/Owner: Greg and Denise Danner
Request: To construct a new freestanding barbecue and counter
structure within the required side yard setback area; and a
pool slide and rock grotto in conjunction with a new pool and
spa within the required rear and side yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of Resolution
08-14.
MOTION by Roberts; SECOND by Bello to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt, and Roberts
None
None
Mr. Flower advised that the adoption of Resolution No. 08-14 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
6. Adopt Resolution 08-9 approving Conditional Use Permit 08-3 for Vino Voyage,
302 Main Street.
Staff Report
Mr. Whittenberg stated that Resolution 08-9 was prepared based upon the Planning
Commission (PC) determinations at the previous meeting.
MOTION by Bello; SECOND by Massa-Lavitt to adopt Resolution 08-9 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt, and Roberts
None
None
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City of Seal Beach Planning Commission
Meeting Minutes of April 23, 2008
1 Mr. Flower advised that the adoption of Resolution No. 08-9 begins a 10-day calendar
2 appeal period to the City Council. The Commission action tonight is final and the
3 appeal period begins tomorrow morning.
4
5 PUBLIC HEARINGS
6
7 7. Variance 08-1
8 901-1101 Pacific Coast Highway (Seal Beach Center)
9 (Continued from April 9, 2008)
10
11 Applicant/Owner: Paul Sheppard/ Regency Centers
12
13 Request: To allow less than Code-required parking/shared parking
14 within an existing shopping center.
15
16 Recommendation: Approval, subject to conditions, and adoption of Resolution
17 08-5.
18
19 Staff Report
20
21 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
22 Planning Department.) He provided some background information on this item and noted
23 that Staff has corrections to some of the numbers previously presented. He reviewed
24 by noting that the basic request is for a Variance from City parking standards by
25 approving a Shared Parking Program for the entire shopping center, which looks at the
26 total uses within the center and attempts to estimate the actual parking demand based
27 upon the parking activity for these uses throughout the day. He noted that Staff
28 previously provided information on other cities that use shared parking programs. He
29 explained that when the redevelopment of the center was initially approved, a parking
30 analysis was completed that assumed there would be 11,300 sq. ft. of restaurant uses,
31 with the remaining uses being retail and parked the ratio for retail, and the applicant
32 subsequently developed a spreadsheet based upon these ratios. He noted that as new
33 uses came into the center, Staff used the new parking standards for these uses and
34 tracked them on the spreadsheet to ensure they did not exceed the requirements;
35 however, the spreadsheet formulas were incorrect creating inaccurate total parking
36 demand calculations. He continued by stating that when Super Mex applied for permits,
37 Staff was able to identify the faulty spreadsheet formulas and at that point Super Mex
38 was told that permits would not be issued nor would the remaining vacant store fronts
39 be issued permits until the parking issue was resolved. Mr. Whittenberg then referred to
40 Pages 4 and 5 of the Staff Report and noted that Staff has provided an analysis of
41 parking requirements for all stores within the center and indicated that the vacant stores
42 are considered as retail uses. The Director of Development Services explained that the
43 analysis shows total required parking of 533 spaces, and total parking provided as 447
44 spaces; however, after making a physical count of parking spaces today, Staff was able
45 to determine that there are only a total of 429 spaces, leaving a parking deficiency of
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1 104 spaces. He noted that this discrepancy was partly a result of parking spaces being
2 converted for cart corrals.
3
4 Mr. Whittenberg then added that one of the issues discussed at the previous meeting
5 was the large parking demand created by hair and nail salons, and noted that currently
6 the center has four tenants that fall within this category, requiring a total of 112 parking
7 spaces. He stated that if these stores were used for basic retail uses, the parking
8 demand would be 19 spaces, leaving a difference of 93 spaces. He noted the
9 correction to these figures on Page 5 in the footnote to the table analysis. He explained
10 that in reviewing the analysis prepared by the parking consultant, Staff believes the
11 numbers make sense for the types of uses in the center, and continues to recommend
12 approval of Variance 08-1 based upon this analysis. He noted that Staff believes that
13 the mix of uses with the changes in peak times periods would not overburden the center
14 or create overflow parking into surrounding neighborhoods.
15
16 Commissioner Bello asked with these new figures, if all of the uses were retail, would
17 the center then meet the required parking. Mr. Whittenberg stated that the center would
18 still be 11 spaces short of the required number.
19
20 The Director of Development Services then continued by stating that another concern
21 raised was the issue of designated employee parking areas and referred to Attachment
22 5, which reflects the anticipated employee parking that would be generated during the
23 week and on the weekends. He then explained that Regency will be implementing an
24 Employee Parking Program and will be designating spaces for use by employees of the
25 center, but patrons of the center will also be able to use these spaces when they are
26 vacant. He said that Regency has indicated 80 spaces for employee parking and Staff
27 has recommended that the PC require a minimum of 85 or 90 identified spaces.
28
29 With regard to the location of the recycle center, Mr. Whittenberg stated that the facility
30 has been relocated to the front of the center, behind the Wachovia Bank and the
31 enclosed loading dock area.
32
33 Mr. Whittenberg then explained that there are a total of 6 cart storage locations within
34 the parking lot: 2 near the CVS Pharmacy and 4 in the parking fields for Pavilions along
35 with cart return areas in front of Pavilions. He noted that after visiting the center today,
36 Staff observed several carts left along the north side of the building, and if this is to be
37 done on a long-term basis, Staff will also require screening of this area.
38
39 The Director of Development Services then specified that at this time there is no land
40 use approval from the City of Seal Beach for a fueling station on the property. He noted
41 that this approval expired on August 23, 2007, and in order to request such a use, Vons
42 would have to return with an application for a Conditional Use Permit (CUP). He then
43 referred to Page 8, Line 4 of the first paragraph and noted that the total required parking
44 should be 104 rather than 64 spaces.
45
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1 He ended by reiterating that Staff is recommending approval of Variance 08-1 and
2 referred to Condition No.6, which recommends a 3-month review period after the first
3 day of business for the Pavilions store to again evaluate the need for parking.
4
5 Commissioner Questions
6
7 Chairperson Deaton referred to Condition No. 8 on Page 10 and asked what an
8 "exercised Variance" would look like. Mr. Whittenberg stated that usually Variances are
9 granted for height or setback construction standards, but in this case, were this
10 Variance granted as recommended, it would be exercised based on tenant
11 improvement plans for tenants leasing vacant space. He noted that currently Regency
12 cannot lease out any of its vacant tenant spaces until the parking issue is resolved.
13 Chairperson Deaton asked if a Variance could be revoked at any time. Mr. Whittenberg
14 stated that unlike Conditional Use Permits, generally a Variance could not be revoked,
15 but should they not exercise this Variance within a year, it would become void. He
16 added that if problems arise, they could be addressed via public nuisance standards,
17 which are separate from Zoning Code (ZC) standards. He commented that the PC had
18 discussed holding off any decision on this application until after Pavilions was back in
19 operation for a short period to observe whether any problems with parking become
20 apparent. He stated that Staff believes this would be a sensible choice, as until then
21 Staff can only speculate on whether the proposed parking program will be appropriate.
22 Chairperson Deaton asked what would occur were Variance 08-1 denied. Mr.
23 Whittenberg stated that Pavilions would still be able to open and all existing tenants will
24 continue to operate; however, the vacant store fronts would remain vacant until such
25 time as Regency changes the tenant mix to be able to meet the parking standards.
26 Chairperson Deaton then asked how many spaces would be added if Regency were to
27 re-stripe the parking lot to provide compact parking stalls. Commissioner Roberts
28 asked if the lot were at the 25 percent limit for compact stalls. Mr. Whittenberg stated
29 that he does not believe it has reached the 25 percent limit, and Regency can add
30 compact spaces up to this limit at any time.
31
32 Commissioner Roberts questioned the numbers for the nail and hair salons, which
33 reflect 11 and 20 chairs, but show only 4 employees. Mr. Whittenberg stated that the
34 applicant could respond to this question. Mr. Olivera interjected that in his discussion
35 with another nail salon operator, he was told that although they planned to provide
36 18-20 chairs, they might use only 5 or 6 chairs at a time, as some clients would be using
37 the foot spa chairs to soak while awaiting a manicurist. Commissioner Roberts then
38 stated that the photos of Pavilions show approximately 200 shopping carts, which
39 reflects what Pavilions believes to be the number customers that will be visiting the
40 store. Mr. Whittenberg noted that the parking requirement for the Pavilions Market
41 alone is 160 parking spaces, including employee parking spaces.
42
43 Commissioner Bello asked who had provided the information on the number of
44 Pavilions employees. Mr. Whittenberg indicated that it was provided by Regency
45 Centers.
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1 Mr. Whittenberg noted for the record that Staff has provided copies of a number of
2 comment letters received on Variance 08-1, and Staff has included two other letters in
3 opposition received after the agenda was distributed. Mr. Olivera also noted that
4 another letter in opposition was received from Jack and Felice Shoheh (Letters are onfile
5 for inspection in the Planning Department.)
6
7 Public Hearinq
8
9 Chairperson Deaton opened the public hearing.
10
11 Mr. Erwin Bucy of Regency Centers stated that the employee count for Pavilions was
12 acquired from Vons, and he reiterated that the fueling center would no longer be
13 allowed without making application for a public hearing, and Regency has informed
14 Vons of this. He noted that contractually, with Regency Centers, Vons has the right to
15 apply for this within one year after the opening of the store, and he has not yet received
16 a definitive answer as to what they plan to do. He then explained that the parking
17 analysis completed by Linscott, Law & Greenspan (LLG) assumed inclusion of the
18 fueling station and shows that parking demand at peak times would be 416 parking
19 spaces. He emphasized that it is critical to note that the parking requirements for the
20 hair and nail salons are enormous within the City of Seal Beach, and he does not feel
21 that this reflects a true representation of actual parking demand. With regard to the
22 recycling center, Mr. Bucy stated that under the original Conditions of Approval, the
23 recycling center had to be placed in the area indicated by Mr. Whittenberg. He then
24 stated that the employee parking program is already implemented with letters sent to all
25 tenants informing them of the designated parking areas. He requested approval of
26 Variance 08-1 and stated that Regency believes this parking program will function well.
27 He the proceeded to read the contents of an e-mail from the operators of The Daily
28 Grind discussing the peak times for parking and drive-thru traffic. (E-mail is on file for
29 inspection in the Planning Department.)
30
31 Commissioner Roberts asked about the potential expansion for the nail salon. Mr. Bucy
32 stated that this lease has been executed, but is currently in suspension, as well as the
33 lease with Super Mex, who is now proposing a take-out only operation. Commissioner
34 Roberts then asked what the percentage of compact spaces is. Mr. Bucy stated that
35 the center has a total of 51 compact stalls, which is approximately 13 percent of the
36 total 25 percent allowed. Chairperson Deaton asked if there are cameras at the
37 recycling center location. Mr. Bucy stated that currently there are no cameras, but
38 Regency has forwarded a request to Vons to ensure that a security gate is installed to
39 prevent late night activity. He added that plans for screening of rooftop equipment have
40 been provided to Staff, and the problem with overnight parking of a delivery truck has
41 been addressed with signage posted prohibiting overnight parking and this has
42 eliminated the problem. Commissioner Roberts noted that Staff recommends a 3-
43 month review period and asked why these issues are not addressed up front rather than
44 waiting 3 months. He stated nothing has changed since the public hearing of March 5,
45 2008, and he does not see how the employee parking plan is to be enforced by
46 Regency, as employees could still park on the streets. Commissioner DeLay asked
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1 how many handicapped parking spaces are provided. Mr. Whittenberg explained that
2 ADA standards require a specific ratio of handicapped parking spaces based upon the
3 total number of parking spaces. Mr. Bucy noted that the site plans shows at least 12
4 handicapped parking spaces. Commissioner Bello asked how the parking analysis
5 determined that parking would be functional without Pavilions being open. Mr. Keil
6 Maberry of LLG stated that the basic premise behind shared parking is that the ZC
7 assumes a maximum parking demand for every use and when put together it assumes
8 that every use peaks at the same time, which is why the numbers can be distorted when
9 you have a mixed-use center. He explained that LLG categorized Vons as a retail use,
10 which has a time of day profile associated with it to determine peak times, and peak
11 times were also approximated for the other retail uses and for the restaurants. He gave
12 the example that restaurants peak at noon and retail uses peak at 1 :00, so 90 percent
13 of the parking spaces required by Pavilions would not be needed at noon. He explained
14 that LLG uses the ULI profile that reflects data gathered over many years. Chairperson
15 Deaton said that she sees the greatest peak time after 5:00 p.m. in this center, which
16 creates a huge parking demand, as opposed to having uses that close at 5:00 p.m., like
17 an office. Mr. Maberry agreed that office, movie theaters, and retail uses do work very
18 well together. He noted that the ratio of 4.33 parking spaces per 1,000 sq. ft. for the
19 Seal Beach Center is a good one unless you have fast food or quality restaurants.
20 Commissioner Roberts asked if the ULI ratio is one that is used for all cities. Mr.
21 Maberry stated that it is used nationally. Commissioner Roberts stated that this ratio
22 does not take into account that Seal Beach is a beach community with a walking street
23 like Main Street. Mr. Maberry stated that, technically, it does not. Commissioner
24 Roberts stated that the Seal Beach Center parking lot will be used for overflow parking
25 for people visiting the beach and Main Street or any number of other activities, and
26 would not meet the ULI profile. Mr. Maberry stated that the surveys done did not
27 consider the "poaching factor" that occurs, but he believes this would be more likely to
28 occur during the dinner hour. Chairperson Deaton asked Mr. Bucy whether he would be
29 posting sign stating "No Beach Parking." Mr. Bucy stated that this has not been done,
30 and his hope is that the parking would be solely for the use of the center. Chairperson
31 Deaton noted that historically this has not been the case, particularly for large
32 community events like the Car Show. Mr. Bucy stated that the center does have signs
33 posted stating "Two Hour Customer Parking Only" and the signs do reference the civil
34 code. He noted that both Pavilions and CVS also benefit from pedestrian trips.
35 Commissioner Roberts stated that 95 percent of the community would be driving to this
36 location. Mr. Bucy stated that the ratio of 4/1,000 was approved by Vons, and they
37 never would have made the investment in this property if they did not believe that the
38 parking ratio would work. Commissioner Roberts asked how many shops open to the
39 parking area facing Bolsa Avenue. Mr. Bucy cited a dental office, insurance office, a
40 laundromat, and two spaces used as storage facilities by tenants. Chairperson Deaton
41 noted that the parking for these uses is always full, as she regularly experiences
42 difficulty finding parking when using the laundromat. Commissioner Bello asked what
43 the hours of operation would be for Pavilions. Mr. Bucy stated that Pavilions had
44 indicated that initially they would not be open 24 hours, but would open at 5:00 a.m. and
45 close at midnight. In response to Commissioner Roberts' question on why these issues
46 are not addressed up front rather than waiting 3 months, Mr. Bucy stated that he has a
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1 site plan approved by Vons and CVS that does not give him the ability to make changes
2 without their consent. He stated that he would not be here tonight if he did not believe
3 that this shared parking program would work. Commissioner Massa-Lavitt asked if this
4 means that Vons and CVS would not allow restriping of the parking lot. Mr. Bucy stated
5 that typically retailers and customers prefer standard size stalls, particularly since most
6 families today have larger vehicles. Commissioner Massa-Lavitt asked if Mr. Bucy is
7 prepared to leave the vacant stores vacant. Mr. Bucy stated that the reality is that what
8 is draining parking are the hair and nail salons, and he will have to come up with a
9 viable solution. He noted that existing tenants also have a big investment in the
10 property and it is in their best interest to have successful business within the center.
11 Commissioner Massa-Lavitt noted that at the last meeting LLG had mentioned that on
12 Saturday at peak, there would be 3 vacant parking spaces, and now that the
13 recalculation shows that there are 104 less parking spaces, what will happen on
14 Saturdays during the peak time. Mr. Maberry stated that with the fueling center LLG
15 assumed 419 spaces on a Saturday at 3:00 p. m., but without the fueling center the
16 count would be 429, leaving a total of 13 spaces available.
17
18 Mark Aguilar of Super Mex Restaurants asked the Director of Development Services if
19 the current office and barber shop uses close earlier than the retail uses. He said in
20 looking at the tenant mix he estimates that approximately 3,000 sq. ft. of the space is
21 used by tenants that close early, so their demand of a 4.33/1,000 ratio could equal
22 another 12-15 parking spaces that would be available for evening parking. Mr.
23 Whittenberg explained that City parking standards are based solely on square footage
24 and assumes everyone is operating at maximum capacity at all times. He stated that
25 the shared parking analysis analyzes parking demand based upon the ebb and flow of
26 business operation hours and peak operating times for specific businesses. Mr. Aguilar
27 requested consideration of his comments as noted above and added that Super Mex is
28 excited about the prospect of coming to the Seal Beach Center.
29
30 Reg Clewley, Catalina Avenue, spoke in opposition to Variance 08-1 citing traffic
31 problems at the parking lot entrance to the CVS Pharmacy creating the potential for
32 collisions. He said that parking standards must be adhered to, particularly in coastal
33 development areas. Mr. Clewley then stated that the PC serves as an advisory body to
34 City Council and should leave this determination to them.
35
36 Robert Goldberg stated that he finds it disturbing that neither Staff nor Regency has
37 been able to agree on the number of existing parking spaces in the Seal Beach Center.
38 He reviewed Condition No. 7 and noted that in granting this Variance the City would
39 lose control of this parking area. He stated that not being able to lease the vacant
40 spaces appears to be a logical consequence of the applicant's error in calculating the
41 parking requirements. He suggested denying the Variance and completing a parking
42 survey 3-4 months after Pavilions opens for business, and if the applicant is correct in
43 noting that the parking standards for the hair and nail salons are too high, the parking
44 survey should reveal that there is adequate parking.
45
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1 Roxanna Whitman, Fathom Avenue, questioned the applicant's good faith in providing
2 erroneous information. She noted that the low public turnout tonight does not reflect the
3 concern in the community regarding this issue. She also recommended denial of
4 Variance 08-1 .
5
6 Walter Wigton, Marlin Avenue, stated that the Pavilions loading dock has room for two
7 trucks, and if a third truck arrives, it will usually be parked in the rear parking lot near
8 Marlin Avenue, and this would also contribute to reduced parking within the center. He
9 noted that Vons cannot require that delivery trucks arrive at specified times and must
10 accommodate them as they arrive.
11
12 Art Warner, Marble Cove Way, stated that the reality of the adequacy of available
13 parking will not be known until Pavilions has been in operation for a while. He read from
14 a letter from Mark Malar that appeared in the Sun Newspaper on March 20, 2008, and
15 he then recommended requiring a Conditional Use Permit (CUP) rather than a
16 Variance.
17
18 Sharon Russell, Marlin Avenue, stated that her neighborhood is most concerned with
19 overflow parking, noting that this is what occurs whenever a large community event
20 takes place in Seal Beach. She said that feedback from exiting merchants is that
21 vacancies have occurred as a result of rental fees being too high. She recommended
22 denial of Variance 08-1.
23
24 Mr. Bucy thanked everyone for their comments and noted that the error in the
25 calculations was an honest one. He suggested that 3 months after Pavilions opens at
26 Regency's cost, an updated analysis be completed by a consultant of the City's
27 choosing to determine what the parking needs are at that point. He emphasized that it
28 is very important to him that Regency make the right, long-term decision, as Regency
29 did not redevelop this center to sell it.
30
31 There being no one else wishing to speak, Chairperson Deaton closed the public
32 hearing.
33
34 Mr. Whittenberg clarified that the PC is an advisory body for certain types of
35 applications such as General Plan Amendments, Zone Changes, and Zone Text
36 Amendments, but the PC is the deciding body for Conditional Use Permits and
37 Variances. He added that should anyone wish to challenge this decision, they would
38 have to file an appeal to City Council.
39
40 Commissioner Comments
41
42 Commissioner Bello stated that everyone wants this center to succeed, but she does
43 not believe the City has enough valid information to move forward with an approval of
44 this Variance. She said that this issue should be evaluated over the coming summer
45 months to be able to make a more realistic determination of the parking requirements
46 for the Seal Beach Center.
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1 Commissioner Massa-Lavitt stated that under ordinary circumstances a 4.33 ratio in a
2 shopping center would be adequate; however, with hair and nail salons with a 2: 1 chair
3 ratio, it must be dealt with equitably within every shopping area in the community. She
4 noted that contrary to the comment made, Vons can schedule deliveries for specific
5 times, but if a truck arrives early it would have to be parked on the street to await its
6 turn. She then stated that she could not make the special circumstances findings to
7 grant this Variance, as Regency is not being denied a special privilege granted to
8 another, nor are there special circumstances with regard to the size, shape, topography,
9 location, or surroundings of this property that deprive it of privileges enjoyed by other
10 properties. She said that although unfortunate, she believes the vacant stores must
11 remain vacant.
12
13 Commissioner Roberts stated that he would also vote to deny Variance 08-1, as there is
14 sufficient uncertainty associated with the unknowns of Pavilions and because of the
15 conclusions from the discussion related to nail and hair salons. He agreed with
16 Regency's suggestion that an updated analysis be completed 3-4 months after
17 Pavilions is in operation and noted that completing this over the summer months would
18 provide valuable information as to what the demand is during this busy season.
19
20 Chairperson Deaton agreed with Commissioner Massa-Lavitt's comments, stating that
21 she could not see the findings for granting a Variance and does not believe that this
22 would be a legal way to handle this. She said that the community wants to see this
23 center succeed and recommended waiting for a few months after the opening of
24 Pavilions and completing another analysis at that time, and asked that Staff and the City
25 Attorney attempt to find another way to work with the parking issue to help Regency
26 move forward.
27
28 Commissioner Roberts stated that he believes an analysis will provide the PC with what
29 they are looking for.
30
31 Mr. Whittenberg stated that the new Zoning Code (ZC) will take effect on May 21,2008,
32 and under this new ZC requests for shared parking programs would be considered
33 under the Conditional Use Permit (CUP) process. He explained that this would involve
34 a new application, re-noticing, new standards for findings, and the ability to review and
35 revoke the CUP. He explained that because this does not exist today, Regency could
36 not apply under this criterion today. He commented that waiting to get further
37 information would be a good idea, and he suggested that the PC deny Variance 08-1
38 and after the new ZC takes effect in May, Regency could re-apply under the CUP
39 process and Regency would then have the field history of Pavilions being open for
40 several months. He noted that until that time the vacant stores would remain vacant.
41
42 MOTION by Roberts; SECOND by Bello to deny Variance 08-1 as presented.
43
44 MOTION CARRIED: 5 - 0
45 AYES: Deaton, Bello, DeLay, Massa-Lavitt, and Roberts
46 NOES: None
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City of Seal Beach Planning Commission
Meeting Minutes of April 23, 2008
ABSENT:
None
Mr. Whittenberg advised that Staff would return at the next meeting with the final
Resolution 08-5 for adoption. He added that there are no business items for the May 7,
2008 meeting and Staff had intended to cancel that meeting and return this item at the
next scheduled meeting of May 21, 2008.
Commissioner Massa-Lavitt asked whether Regency could decorate the store fronts of
the vacant units to not give the impression that they are empty.
Chairperson Deaton allowed Mr. Bucy to speak as an oral communication presentation.
Mr. Bucy stated that Regency would make the vacant store fronts aesthetically pleasing
and repeated that Regency would fund having an independent third party of the City's
choosing to complete another parking analysis for the center and also to analyze the
parking ratios for nail and hair salons for neighboring cities.
Chairperson Deaton commented that if all other hair and nail salons within the City must
abide by these standards, tenants within the Seal Beach Center should also abide by
these standards.
STAFF CONCERNS
Mr. Whittenberg reiterated that the meeting of May 7, 2008, would be canceled.
COMMISSION CONCERNS
Commissioner Roberts noted that he would not be present at the meeting of May 21,
2008.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 9:10 p.m. to the scheduled meeting of
May 21, 2008.
Respectfully Submitted,
~~~~.
Carmen Alvarez, Executive Secre ary
Planning Department
APPROVAL
The Commission on May 21, 2008, approved the Minutes of the Planning Commission
Meeting of Wednesday, April 23, 2008. G LA.. .
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