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HomeMy WebLinkAboutPC Min 1997-09-17 /' ,- ". . \4 . ~ . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for September 17, 1997 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740- Next Resolution: 97-35 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPRO V AL 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 is 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. Approve Planning Commission Minutes of September 3, 1997 Meeting. 2. Receive and File: Staff Report, dated September 8, 1997, re Proposed Lightning Protection Pole, Seal Beach Naval Weapons Station. 3. Receive and File: Staff Report, dated September 8, 1997, re Proposed Demolition of Buildings 11, 13, 14 and 229, Seal Beach Naval Weapons Station. . The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours In advance of the meeting, thank you. ' . e e . .. " City of Seal Beach Planning Commission Agenda" September 17, 1997 VI. SCHEDULED MATTERS VIT. PUBLIC HEARINGS 4. Conditional Use Permit 97-8 Address: 308 and 310 Ocean Avenue Applicant: Brent Sears, Architect Property Owner: Dwight Steffensen Request: To perform a major addition/remodel to a non-conforming single family dwelling at 308 and 310 Ocean Avenue, Seal Beach. The property is non-conforming due to an inadequate rear yard setback and inadequate side yard setback on the northwesterly side of the structure. The proposal includes the addition of 4,654 square feet, which would entail the attachment of adjacent single family residences at 308 and 310 Ocean. Recommendation: Staff recommends approval through the adoption of Resolution No. 97-_, subject to Conditions of Approval. 5. Variance 97-3 Address: Applicant: Property Owner: Request: 12341 Seal Beach Boulevard Kevin McConnell Century National Properties To vary from the maximum signage area requirements for fascia mounted signs at the front and rear of a commercial building at 12341 Seal Beach Boulevard. (Formerly the Boston Store). Staff recommends approval through the adoption of Resolution No. 97-_, subject to Conditions of Approval. Recommendation: VIII. STAFF CONCERNS 6. Planning Commission Determination of Zoning - Tattoo Parlor IX. COMMISSION CONCERNS x. ADJOURNMENT 2 The City of Seal Beach complies with the Americans With Disabilities Act of 1990 If you need assistance to attend this meebng, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. -.. ,'" City of Seal Beach Planning Commission Agenda. September 17, 1997 . 1997 AGENDA FORECAST Not Scheduled CUP 97-7 3900 Lampson A venue Marriott Senior Living Services facility OCT 08 Commissioner Yost will be absent. Tentative: ZC 97-1 941 PCH PR 97-3 708 Central Shorehouse Restaurant/Billiard parlor Klisanin/Enc1ose carport & site improves. OCT 22 Presentation by Urban Design Studio of Irvine, CA "Livable Communities" (40 minutes) NOY 05 CUP 94-4 770 PCH Burger King indefinite extension. NOY 19 e DEC 03 DEC 17 . 3 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. . , , -. . City of Seal Beach Planning Commission Agenda * September 17, 1997 AGENDA FORECAST - 1998 JAN 06 JAN 20 FEB 03 FEB 17 MAR 03 MAR 17 APR 08 APR 22 MA Y 06 MA Y 20 JUN 10 JUN24 JUL 08 JUL 22 AUG 05 AUG 19 SEP 09 SEP 23 OCT 06 OCT 20 NOV 04 NOV 18 DEC 09 DEC 23 V AR 93-1 212 Main Final $7300 payment/in-lieu parking fees "\ October 8 4 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. J':ii . - -- ... City of Seal Beach Planning Commission Minutes of September 17,1997 Chairman Brown called the regularly scheduled Planning Commission meeting of September 17, 1997 to order at 7:30 p.m. in the City Council Chambers. The meeting began with the Salute to the Flag. ROLL CALL Present: Also Present: Absent: Chairman Brown Commissioners Yost, Law, Larson Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Commissioner Hood Joan Fillmann, Executive Secretary1 MOTION by Yost; SECOND by Larson to excuse Commissioner Hood's absence MOTION CARRIED: AYES: ABSENT: AGENDA APPROVAL 4-0-1 Larson, Yost, Law, Brown Hood MOTION by Law; SECOND by Yost to approve the Agenda as presented. MOTION CARRIED: AYES: ABSENT: 4-0-1 Law, Yost, Brown, Larson Hood ORAL COMMUNICATIONS Carla Watson * Seal Beach Ms. Watson spoke on behalf of Founder's Day and introduced several people who invited everyone to join in the various events. 1 These Minutes were transcribed from an audiotape of the meeting. City of Seal Beach Planning Commission * Minutes of September 17. 1997 . CONSENT CALENDAR MOTION by Larson; SECOND by Yost to approve the Consent Calendar: 1. Approve Planning Commission Minutes of September 3, 1997; 2. Receive and File: Staff Report dated September 8, 1997, re Proposed Lightning Protection Pole, Seal Beach Naval Weapons Station; 3. Receive and File: Staff Report, dated September 8, 1997, re Proposed Demolition of Buildings 11, 13, 14 and 229, Seal Beach Naval Weapons Station. MOTION CARRIED: AYES: ABSENT: 4-0-1 Larson, Yost, Brown, Law Hood SCHEDULED MATTERS There were no Scheduled Matters - PUBLIC HEARINGS 4. Conditional Use Permit 97-8 308 and 310 Ocean Avenue Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department for inspection]. Brent Sears, Architect, represented the property owner, Dwight Steffensen. The applicant requested approval for a major addition/remodel to a non- conforming single family dwelling at 308 and 310 Ocean Avenue. The property is nonconforming due to inadequate setbacks at the northwest side yard and the rear yard. The proposal includes the addition of 4,654 square feet, which would entail the attachment of adjacent single family residences at 308 and 310 Ocean. Mr. Curtis explained some Ocean Avenue homes are governed by CC&Rs enforced by an architectural review committee. Staff recommended approval of this project subject to six Conditions of Approval outlined in the staff report. One condition related to holding the City harmless in the event the City needs access to the sewer easement. He noted the Ocean Avenue architectural review committee might have other concerns. - 2 City of Seal Beach Planning Commission * Minutes of September 17,1997 e The neighbor to the east of this project came to the Planning Department to review the plans. The project is acceptable from her viewpoint and she hoped the Commission would recommend approval. Commission Questions to Staff The Planning Commission questioned staff about the sewer easement and any liability the City would have. The Commission asked if the building would be over the sewer line? Mr. Curtis answered that a portion of the existing structure is over the sewer line; this is scheduled to remain. If an improvement needed to be done to the sewer line, the property owner would have to demolish a portion of the first floor or go under it to reach the sewer line; it would depend on the nature of the work. The Commission asked how old the sewer line is? Mr. Curtis said he was not sure but it had been there a long time. The Commission asked how many other homes encroach on the setback? Mr. Curtis said a number of homes encroach. He further explained that a ten- foot deck or balcony is allowed to extend into the setback over the easement. Many years ago some of these balconies were enclosed and subsequently turned into rooms. e The Commission asked if staff had any statistics on the likelihood of the sewer line requiring access by the City? Staff said no. The Commission questioned staff regarding its concerns on the inadequate setbacks. The Commission said that by combining two houses the applicant is creating the non-conforming side yard setback. The Commission asked if the setback on the east side will be 6' and if that structure be totally demolished and rebuilt? Staff said yes. The Commission asked if the new house would be built into the setback? Mr. Curtis said all the new construction would meet current setbacks with no more building over the sewer line than there is now. The Commission asked what is the reason for increasing the setback as the lot width increases? Staff said it's a function of the mass of a structure --- as the structure gets wider it's visually more attractive to have a greater setback between structures. e The Commission asked if there were any other properties along Ocean Avenue that are this wide and don't have the required setbacks? Staff said there are approximately three or four other structures on Ocean Avenue this wide but the 3 City of Seal Beach Planning Commission * Minutes of September 17,1997 . setbacks were not known. Typically the older structures have less than today's required setbacks because only a 3' setback was required historically, no matter how big the property was. The Commission asked if the trend has been to combine lots or divide lots? Mr. Curtis replied the trend has been neither - this is the first combination of an Ocean Avenue lot in his memory. The Commission inquired if staff mailed the required Notices to neighbors and what responses had been received? Staff said the Notices were mailed. The one neighbor (as previously described) came to the Planning Department. One letter was received from Michelle Brendel asking staff to advise her when this matter came before the architectural review committee. Staff could not be aware of when that date would be because that's not a City committee. The City Manager's Office responded to Ms. Brendel. Ms. Brendel had no specific comments on this project. e The Commission asked if these plans had been submitted to the architectural committee? Staff said the Gold Coast architectural committee would review the plans after the Planning Commission has reviewed them. The committee indicated their practice is to allow grandfathered structures to remain. However, when an addition such as this is proposed, the committee reviews it to determine if a view is blocked. Public Hearina Brent Sears * Architect Mr. Sears said this project is a unique proposition. His clients would have liked to attend this meeting but were in Philadelphia on business. He indicated he had talked to his clients about the Conditions of Approval, specifically the deed restriction on the sewer easement and they agreed to the Conditions. The requirement that the lots be combined caused the nonconforming setback on the west side; it's now at 3'. The whole house is at 3'. The new easterly portion does comply with the 6' setback. The house is 9' away from its easterly neighbor. Breaking the project down, they are adding 231 square feet to 308 Ocean, the existing house. All the remaining construction is on the new lot. He did contact the Gold Coast's architectural review committee and met with Warren Schulten and Jim Dunn. They wanted to get together tonight by themselves and they will call him tomorrow. Chairman Brown asked exactly what was planned for 308 Ocean? e 4 City of Seal Beach Planning Commission * Minutes of September 17,1997 e Mr. Sears explained they plan to: · Move a wall to increase the size of a bathroom; · Change out some windows because some of the rooms changed - the old kitchen in that building is being removed and turned into a library; · Change out a wrought iron rail in the easement; · Second level: change windows to doors so they can open out onto the deck; · First level: there's a patio under deck and they want to change that window into doors so you can exit; · Add 231 square feet over the garage, to constitute one bedroom and one bathroom. The total square footage of the new house is 8,567 square feet plus the garage. The figure in the staff report does not include the garages. Chairman Brown said that to achieve the 6' setback on the west side you'd have to demolish to entire structure. Has that given an advantage in the size of the structure you can build? An extra 3' x 96' of house on two stories. Another person on a 60' lot would have a maximum of 48' wide; you're building a 51' wide house. e Mr. Sears said theoretically that might be an advantage over a new property. However, the plans show a 8' x 42' center courtyard which is open to the sky. Mr. Curtis said the lot coverage is 33.4% of the lot, which includes the setbacks. There were no persons wishing to speak for or against this project. There were no rebuttal remarks and the Public Hearing was closed. Commissioner Comments Commissioner Law said she had no problems with this project as long as Condition #4 remains, as it says they have complete responsibility for removing the building if the sewer has to be repaired. Commissioner Yost said he shared the same concern as Commissioner Law and wanted to be sure the City didn't bear a financial liability. He was concerned about the setback being slightly less on the existing side of the house but given the overall plan he didn't have any major objections. Commissioner Larson said this is a substantial addition to the City. Chairman Brown said he has no problems with the existing structure being over the existing sewer line because if a pre-existing nonconforming use. If the sewer It 5 City of Seal Beach Planning Commission * Minutes of September 17, 1997 e line needs replacing he doubted the structure would be demolished. Somebody would most likely pay to re-route the sewer line. Mr. Steele said the recorded convenant would cover the issue of City liability as the condition says removal and/or replacement. Chairman Brown noted there is no time limit on the recording of that condition and suggested it be recorded prior to construction. Mr. Steele said he would add the wording prior to the issuance of building permits the applicant shall record to the condition. In the hold harmless agreement he will add in a form satisfactory to the City Attorney on the title to the property. e Chairman Brown said his problem with this application is the City is allowing the applicant to create a non-conforming structure. It gives them a financial advantage as they are allowed to build a larger house but he can't see making somebody tear down an entire house to gain 3'. The one mitigating factor here, which would allow him to vote for this application, is the fact it has the large central courtyard. It shows the lot has not been maximized. The amount of open space equals the amount of space gained on the one setback. "Otherwise I would really not like this in terms of allowing somebody ... to create a non- conforming structure". He asked if the Planning Commission could do this without a Variance? The Commission may grant a CUP to add to a non- conforming structure but it's also allowing them to build something that's non- conforming. Mr. Whittenberg advised the Commission is dealing with a non-conforming structure since the structure is nonconforming already. Additionally, the issue of whether the non-conformity relates to the structure across the rear or the side yard still equates to the Commission's dealing with a nonconforming structure. If the Commission were to require the removal of the back extension, over the sewer line, to where there are no non-conformities on the existing structure, then you might need to think about a Variance. Mr. Steele said once a structure is non-conforming it's non-conforming. If it was an illegal, non-conforming structure it would be a totally different story. Chairman Brown asked if somebody takes an equivalent house on Ocean Avenue, one that is totally conforming and does not have the structure built out over the sewer, would they be able to do what this applicant is proposing? Mr. Whittenberg said that person would be able to ask for approval to do it but they'd have to apply through a Variance process. e 6 City of Seal Beach Planning Commission * Minutes of September 17,1997 e Commissioner Yost asked staff if a grading permit would be issued per the Condition regarding the merger? Mr. Curtis said yes. Chairman Brown said "I'm going to vote for this but I really have some strong reservations about it. ... The swinging factor is that it has the open courtyard there which makes up for the space". MOTION by Yost; SECOND by Law to approve Resolution No. 97-35 with the added condition language as stated by the Assistant City Attorney, approving Conditional Use Permit 97-8, subject to six (6) Conditions of Approval. MOTION CARRIED: AYES: ABSENT: 4-0-1 Yost, Law, Brown, Larson Hood Mr. Steele advised the Commission's action is final tonight and the ten-calendar day appeal period begins tomorrow morning. e 5. Variance 97-3 12341 Seal Beach Boulevard Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department for inspection]. The applicant requested to vary from the maximum signage area requirements for fascia mounted signs at the front, side and rear of a commercial building at 12341 Seal Beach Boulevard. This was formerly the Boston Store. The Center has obtained a new tenant, Stats, a craft store with a patio center and floral supply area. The applicants want three new signs to replace the three Boston Store signs. Commission Questions to Staff The Commission was concerned an approval would create a precedent for larger signs on every new business. Staff said that is a good point, especially since the Commission is considering a Variance. Staff felt there were unique, extenuating circumstances for this Variance application given the large setback of this structure, not seen with most new business, the large blank facades on three sides of this building and the fact that it's an anchor tenant. e The Commission asked if the sign ordinance had been reviewed and if the law applied to everyone in the City? Also, would this Variance cure a hardship situation? Noting a hardship is different than better business dictating a bigger sign. Secondly, on the west side of the building the Commission felt the sign 7 City of Seal Beach Planning Commission * Minutes of September 17, 1997 e may not have to be as large as requested because people would be locating the building at the back. Staff said most of the Center's parking is at the back. Given the size of the parking lot and the size of the building, staff felt a smaller sign could look out of proportion. But staff felt this was the least compelling of the three sides they were seeking the Variance for. The Commission asked if these would be illuminated signs? Staff said yes. Commissioner Law said she didn't feel the prior signage was too big. The Commission asked how many businesses along that stretch have a 300' setback from the street? Staff said most of the businesses in Rossmoor Center do. However, most of the other businesses have signage at Seal Beach Boulevard. This is the only store, with perhaps Roger Dunn golf, that doesn't have sign age at the street. e The Commission asked how the finding could be made that this is not a special privilege? Staff's opinion was that because this store would not have signage at Seal Beach Boulevard plus it's large setback this created a hardship on them. It was different than other properties in the same vicinity and zone. The majority of other centers in the City don't have that type of setback or they have street signage. Staff would not encourage additional street signage along Seal Beach Boulevard for the Rossmoor Center because it's over-signed for that area. The Commission asked what is to stop the other businesses in that area from requesting larger signs along the lines of the 300 square feet? Staff said this is an anchor tenant, along with Lucky's and Thrifty's. Besides the actual size of the building, this is one of two buildings that do not have street signage. The Commission asked what would prevent this store from asking for additional street signage? Staff said that would have to be done through the Center's planned sign program. Staff feels the Center is already over-signed for the street area. There are seven or eight huge pylon signs with six or seven businesses on each one at the street area. Public Hearina e Kevin McConnell · 4717 Keene Hill Avenue. Lakewood. CA Mr. McConnell said he represented the Stats-Fishbeck's exterior graphics. He has been doing work for them for about eight years - in Pasadena, Redondo Beach, Capistrano Beach, Downey and Whittier. In each of those locations they do have street signage - pylon or monument. When they looked for a new location they looked in Fountain Valley, Huntington Beach and Seal Beach. Their primary concern was that they'd have a huge setback and no signage. The letter's "STATS FLORAL SUPPLY & PATIO CENTER" could be compressed into the allowable square footage. But with the setback it would be a blur to read. 8 City of Seal Beach Planning Commission * Minutes of September 17, 1997 e They did several months of sight-line surveys, including mockups with paper letters. They determined they needed to keep the ST A TS letters at least as large as what Boston Stores has. The "Floral Supply and Patio Center" will be less than half the height. That would not be very legible until you enter the center. From a distance, one would only be able to read the STATS letters. They will have two different entities there -- Fishbeck's is a patio supply business and Stats is a floral and crafts business. Commissioner Larson saying that once a shopper reads a sign they don't read it again. Therefore, he didn't think all the signs needed to be the same size. He had problems with the west side. Mr. McConnell said Stats does a lot of advertising and Seal Beach Boulevard traffic moves quickly. As proposed, the signs will not be out of proportion with the building and will be similar to those for the Boston Store. And as part of their agreement, should they be granted this application, is that they forego street signage. e Steven Stathatos * Stats Mr. Stathatos said his father started Stats forty years ago. The size of the signs as proposed are necessary - for the same reasons the Boston Store required its signs to be that size as well. Rather than granting an exception, it seemed to him this would be continuing a situation that has been in existence for years, albeit a different form. They draw from a wide area and new customers need to be able to see the signage. There were no persons wishing to speak for or against this application and the Public Hearing was closed. Commission Discussion Commissioner Law said she was in favor of this proposal. Commissioner Yost said because they are not allowed street signage he was thinking of voting in favor of the proposal. He would like to attract quality businesses to the City and give them every advantage possible. He was concerned the Commission was granting them a special privilege and was concerned that other businesses might apply for the same. Commissioner Larson said he was convinced their reasons are good reasons. For one, comparing their application to the existing letters on the Boston Store, the proposal is a nice looking sign, it's proportionate and doesn't look overly signed. Based on that, and the fact that this is distinguishable for other businesses by being 300' back, they're not allowed to have any pylon signage or further signage other than what has been approved. e 9 City of Seal Beach Planning Commission * Minutes of September 17. 1997 It Chairman Brown said sometimes he wondered why so much time is spent on signage. But recently he was driving through a neighboring City and noted just how bad one particular shopping center looked because of the signage. He has no issues with this application as these letters basically replace the Boston Store's signage. MOTION by Law; SECOND by Larson to approve Resolution No. 97-36, thus approving Variance 97-3, subject to Conditions of Approval as noted in the staff report. MOTON CARRIED: 4 - 0 - 1 AYES: Law, Larson, Brown, Yost ABSENT: Hood Mr. Steele indicated the Planning Commission's action is final tonight and the ten-calendar day appeal period begins to run tomorrow morning. ~F CONCERN~ 6. Planning Commission Determination of Zoning - Tattoo Parlor e Staff explained the City has been approached with a request to establish a tattoo parlor. The municipal code establishes a business license fee for tattooing but doesn't specifically allow tattooing in any zoning designation. Staff discussed City zoning and the various commercial designations which might be appropriate for a tattoo parlor. The applicant desired to establish the business at 316 Marina Drive, which is not zoned commercial. That site is zoned residential high density and has a non-conforming commercial building on it. Based on these facts, this site would not likely permit a tattoo parlor regardless of the Commission's decision this evening. Staff did not think it would be appropriate to have tattooing on Main Street. Further review showed pockets of C-1 zoning surrounded by residential uses. Therefore staff did not feel C-1 would be appropriate. Staff believes C-2 would be the only appropriate zone. It would include most of Pacific Coast Highway, the Rossmoor Center and the Primrose Center along Westminster Boulevard. The Pavilions Center would be excluded from the C-2 zoning unless a pending request to change their zoning to C-2 is approved. Placing a tattoo parlor in the C-2 zone should be appropriate given potential nuisance concerns. Staff felt a Conditional Use Permit should be required to establish this type use. e 10 City of Seal Beach Planning Commission * Minutes of September 17,1997 e Included with this request was a letter from the future applicants explaining their proposed business and goals. Chairman Brown noted this is not a Public Hearing and called for Commissioner comments and questions. Commissioner Larson said he would like to know what other cities do regarding tattoo parlors - what their regulations are. His experience has been that tattoo parlors are not in the best parts of town. He realized tattooing now is popular. He assumed other cities would restrict tattoo parlors from being too close to bars. Mr. Curtis said the Commission could direct staff to return at the next meeting with a survey of neighboring and other cities. Commissioner Law had no comments. Virainia Gardener * 8711 Laurel Avenue. Whittier. CA Gilbert Torres * 7033 San Luis Street. Paramount. CA e Ms. Gardner questioned staff's interpretation of the municipal code, saying while the code doesn't specifically allow a tattoo parlor it conversely does not disallow a tattoo parlor. Ms. Gardener said 316 Marina Drive has ample off-street parking. And she felt they had addressed any concerns by limiting their hours of operation and prohibiting loitering. Their hours of operation would be 11 :00 a.m. to 9:00 p.m. At 9:30 p.m. the doors would be locked to new clients. They would not allow smoking, drinking or loitering. She said she didn't understand page 2, paragraph 2 of the memorandum where it said the facility is a non-conforming commercial building. In speaking with Jim Klisanin from Remax realty, he said there was a car rental facility located at 316 Marina Drive. It seemed to her that use would have quite a bit of traffic. Mr. Curtis explained the zoning has remained the same for 316 Marina Drive but the uses have becOme less intense. As the more intensive uses go away, they can't come back. The property is nonconforming because the underlying zoning now is residential; a more intense use would not be allowed to come in. In the mid-1980's the Ugly Duckling car rental shop was on this site. Subsequent to that, the site's uses have become less intense - a real estate office, a retail business. A use requiring a CUP would also be an intensification. e Mr. Steele addressed the applicant's question on a use not being disallowed in the code. He said the law of zoning is that to be permitted in a certain zone, a use has to be specifically listed as a permitted use. The zoning code gets more restrictive. Rather than saying "everything is allowed except these uses" we say 11 City of Seal Beach Planning Commission * Minutes of September 17. 1997 e "here are the main uses that are specifically permitted in the zone". If you're not on the list, you have to look for a zone where that use is permitted. Chairman Brown asked if a Public Hearing was needed for this determination or simply a Planning Commission resolution? Mr. Steele said just the resolution. Ms. Gardener explained they had looked at Pacific Coast Highway locations in Seal Beach and they found the lease terms 50% higher per month versus the 316 Marina Drive. Commissioner Law said she is totally against a tattoo parlor anywhere in Seal Beach. She would not be willing to change zoning or give an affirmative vote. Commissioner Yost said the zoning on Marina Drive speaks for itself. It diminished in intensity on that particular property and he would like to see it stay residentially zoned. Mr. Steele said staff is looking for direction on what to do with this application. e Commissioner Yost said his recommendation to staff would be to review what other cities have in terms of regulations for tattoo parlors. Check items like sterilization, hours of operation, monitoring equipment on the premises, disposal of sharps et cetera. It's similar in many ways to a physician's office; there are a whole host of issues involved. Mr. Curtis said this application has been discussed with the Orange County Health Department. Contractually, we would have to enter into an additional contract with them to have them to regulate tattoo parlors. Commissioner Larson said he didn't think he eQuid vote to completely outlaw a business that's otherwise allowed in other cities. His concern is where should it be allowed? He would not want to make that decision until he had more information from staff. Chairman Brown talked about the residential properties surrounding this proposed use, asking whether a use is appropriate or not. Another thing to consider is the issue of precedence. Once a Conditional Use Permit is granted the use runs with the land. Mr. Steele said this issue came up when the Planning Commission worked on the adult business ordinance. In his mind this involves some type of First Amendment type activity. We would probably be prohibited from absolutely banning this type of use in the City. The question is how do we zone and locate it to minimize its impact on sensitive uses. e 12 City of Seal Beach Planning Commission * Minutes of September 17,1997 e The Commission asked staff to come back at the next meeting with a review of other cities as discussed. COft1M'SSION CONGEFU~~ Commissioner Yost encouraged everyone to attend the City's Founders Day activities and to support "Save Our Pool". Chairman Brown commented on wave activity on the east side of the pier. He hoped the sand replenishment project was still on track. Mr. Whittenberg said we are scheduled for Coastal Commission hearings about October 10th. If approved, sand should be moved within thirty days. ADJOURNMEN! Chairman Brown adjourned the meeting at 8:50 p.m. The next meeting is October 8th. Respectfully Submitted, e ~~)- Joan Fillmann Executive Secretary Planning Department - e 13