HomeMy WebLinkAboutPC Min 2001-08-22
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for August 22, 2001
7:30 p.m.
District 1 - Brian Brown
District 2 - Jim Sharp
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Carmen Alvarez, Executive Secretary
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City Hall office hours are 7:00 a.m. to 6:00 p.m. Monday through Thursday and
Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m.
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The City of Seal Beach complies with the Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission' Agenda of August 22, 2001
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order of the
items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission, only
on items not on tonight's agenda, may do so during this time period. No action can be
taken by the Planning Commission on these communications on this date, unless
agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in
favor of or against agendized items. More detailed information is found in the actual
agenda attached. If you have documents to distribute, you should have enough copies
for all Planning Commissioners, City staff and the public. Please give one to the
secretary for the City files. The documents become part of the public record and will not
be returned.
CONSENT CALENDAR: Consent Calendar items are considered routine items that
normally do not require separate consideration. The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar. .
SCHEDULED MATTERS: These items are considered by the Planning Commission
separately and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All proceedings are recorded.
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City of Seal Beach Planning Commission. Agenda of August 22, 2001
City of Seal Beach Planning Commission
Agenda for August 22, 2001
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 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 Junsdictlon of the Planning Commission, provided that the Planning
Commission may undertake no action or discussion unless otherwise authonzed 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 Meeting Minutes of August 8,2001.
VI. SCHEDULED MATTERS
2 Election of Officers for the Planning Commission
3. Determination of Proper ZOning - Low Level Decks In the Rear Yard Setback
VII PUBLIC HEARINGS
4. Vanance 01-4
A-61 Surfside Avenue
Applicant/Owner.
Request:
Marshalllnlnns / Mr. & Mrs. Gary GoodWin
To build an exterior stairwell from the first to the second floor, which will
encroach Into the side yard setback area. Specifically, the applicant IS
proposing to bUild the stairwell and landing area right up to the property
line on what is generally referred to as the "zero" lot line on that side
yard
Recommendation:
Approval, subject to conditions and adoption of Resolution 01-38.
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City of Seal Beach Planning Commission. Agenda of August 22, 2001
5 Conditional Use Permit 01-10
220 Main Street
ApplicanUOwner:
Request'
Recommendation:
VIII. STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
Judie Fabrizio I Jane La Masney
To utilize approximately 900 square feet for a personal fitness training
studio at an existing building located on Main Street Recently, the
Planning Commission made the finding that this request is allowable
under the provisions of the Main Street Specific Plan, subject to
Conditional Use Permit.
Approval, subject to conditions and adoption of Resolution 01-37.
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City of Seal Beach Planning Commission. Agenda of August 22, 2001
2001 AQenda Forecast
Sept 05
Sept 19
Oct 03
Oct 17
Nav 07
Nav 21
Dee 05
Dee 19
TO BE SCHEDULED:
o Study Session. Permitted Uses and Development Standards In Commercial Zones (5/6/98)
o Study Session. Seal Beach Boulevard (10/7/98)
o Staff Report: Undergroundlng of Utilities
o Study Session: Retaining Walls
o Study Session. ADA Handicapped-Accessible Restrooms
o Tentative Parcel Map 2000-134 (Boeing Company)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of August 22, 2001
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, August 22, 2001. The meeting
was held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present:
Chairperson Hood, Commissioners Brown, Cutuli, Ladner, and Sharp
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent:
None
AGENDA APPROVAL
MOTION by Sharp; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
There being no one wishing to speak, Chairperson Hood closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of August 8,2001.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planmng Commission
Meeting Mmutes of August 22, 2001
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
SCHEDULED MA TIERS
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
2. Election of Officers for the Planning Commission
Chairperson Hood provided an explanation of the nominations procedure for the
Planning Commission.
Commissioner Sharp nominated Dave Hood for Chairperson.
MOTION by Sharp; SECOND by Cutuli to nominate Chairperson Hood for
Chairperson of the Planning Commission.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Commissioner Ladner nominated James Sharp for Vice-Chairperson.
MOTION by Ladner; SECOND by Cutuli to nominate Commissioner Sharp for Vice-
Chairperson of the Planning Commission.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Sharp
3. Determination of Proper Zoning - Low Level Decks in the Rear Yard Setback
Mr. Whittenberg noted that this item had appeared on the Agenda for the previously
held Planning Commission meeting, and he stated that the Commission had made
the determination that no changes to the Code would be made. He explained that at
the end of that meeting a member of the public had stated that he was not clear on
the process and had requested a time to address the Planning Commission. He
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City of Seal Beach Planning Commission
Meeting Minutes of August 22, 2001
stated that that gentleman was present tonight and he has provided photographs for
each of the members of the Commission.
Commissioner Questions
None.
Public Comment
Chairperson Hood opened the Public Comment period.
Mr. Bill Shadle stated that his application for construction of a deck had initiated this
discussion. He said that Staff had instructed him on the specific process necessary
to do this. He noted that in an effort to gain a better understanding of the process he
had several discussions with Staff who had been very helpful. He inquired as to
whether it would be appropriate to ask a few questions of the Commission at this
point. Chairperson Hood stated that this was not the usual procedure. Mr. Shadle
stated that it would help him to understand the extent of the building requirements.
He inquired that if he were correct in assuming that as long as he stays within the
setback requirements and constructs according to Code, he could build whatever he
wishes. Chairperson Hood stated that this was a technical question that should be
presented to Staff. Mr. Whittenberg responded that Mr. Shadle's assumption was
correct. Mr. Shadle apologized for his lack of knowledge of parliamentary
procedure. He stated that he had submitted the photographs in an attempt to help
clarify what he is attempting to construct. He explained that because he has a small
back yard, he was proposing to construct a deck that ends within 4 feet of the rear
and side yard setback areas. He said that he understood the Planning Commission
concern with privacy issues, and he then reviewed the photographs taken from his
back yard, which reflect the view from his yard into the neighbor's yard from the
same height as the proposed new deck. He also demonstrated photos taken from
his second-story window which provide a complete view of his neighbor's back yard,
stating that this makes the issue of privacy a moot one. He said that right now he
could see far more from the second-story window than he ever could from the
proposed deck. Mr. Shadle also stated that although he planned to construct the
deck of wood, the restriction for using wood only for decks might make it difficult for
some residents. He noted that there were many building materials available today
that simulate wood and look just as attractive, but the Code as it currently states
would prohibit the use of these materials. He encouraged the Planning Commission
to reconsider their determination of leaving this section of the Code as written.
Chairperson Hood closed the public comment period.
Commissioner Comments
Mr. Whittenberg stated that based on Mr. Shadle's comments, the applicant is
requesting that Option 3 (as listed in the Staff Report) be approved.
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City of Seal Beach Plannmg CommissIOn
Meetmg Minutes of August 22, 2001
Commissioner Brown stated that he did not see how this would change what the
Planning Commission had decided. He said that the applicant is asking to build into
the rear setback area. He noted that the Planning Commission was saying nothing
about what the applicant can do with his deck, as long as the deck does not intrude
into the 10-foot rear yard setback. He stated that essentially what the applicant was
requesting is that the Planning Commission change the setback from 10 feet to 5
feet. He said that setbacks serve a valid purpose particularly in a city like Seal
Beach where there is so little room between homes. Commissioner Brown noted
that in a case like this, the Planning Commission represents "the neighbors." He
stated that he personally had lived with this situation previously, and he did not like
having his neighbor be able to see into his back yard. He said that when the City
begins to make exceptions to setbacks, problems begin to occur.
Commissioner Sharp stated that the City has operated under the present Code for
quite some time and it appears to be very successful. He said he was not in favor of
changing the Code.
Commissioner Ladner stated that he would vote for Option 4: to leave the Code
unchanged.
MOTION by Sharp; SECOND by Brown to reconfirm the previous action on this item
by the Planning Commission from the meeting of August 8, 2001.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
PUBLIC HEARINGS
4. Variance 01-4
A-61 Surfside Avenue
Applicant/Owner:
Request:
Marshalllninns / Mr. & Mrs. Gary Goodwin
To build an exterior stairwell from the first to the second
floor, which will encroach into the side yard setback area.
Specifically, the applicant is proposing to build the
stairwell and landing area right up to the property line on
what is generally referred to as the "zero" lot line on that
side yard.
Recommendation:
Approval, subject to conditions and adoption of
Resolution 01-38.
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City of Seal Beach Plannmg Commission
Meeting Minutes of August 22, 2001
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
stated that the lot area for this rectangular lot is approximately 1,215 square feet.
He described the surrounding land uses as follows:
NORTH, EAST
& WEST:
Residential housing within the Surfside Colony located in a
Residential Low Density (RLD) Zone
SOUTH:
The Pacific Ocean.
He explained that currently City Code allows a "raised" stairwell up to 2.5 feet in the
side yard setback on the north side of the building. He stated that this was allowed
by Code so those residents could raise the front door entry in case of flooding. He
said that the applicant is proposing to raise the front door entrance. Mr. Cummins
noted that in order to grant a Variance the Planning Commission must make the
following findings:
1. The variance will not adversely affect the General Plan (GP).
2. Special circumstances applicable to the property somehow deprive the property
owner from enjoying the same privileges enjoyed by other property owners within
the same vicinity and zone.
3. The granting of such variance will not constitute a grant of special privileges.
He said that the variance would not adversely affect the GP, as this property is
located in a residential zone. He stated that Staff feels that the property has unique
characteristics because of the occasional flooding during winter rains. He noted that
Staff had completed a driving tour of Surfside Colony and currently there are
approximately 32 residences along "A" Row with exterior stairwells within the side
yard setback area. Mr. Cummins stated that Staff is recommending approval of
Variance 01-4.
Commissioner Brown asked why Staff was stating that it was acceptable to construct
these stairwells on the north side of the residences, but not on the south side. Mr.
Cummins stated that Code currently restricts these stairwells to the north side of the
Surfside residences. He noted, however, that some of the homes do have the
stairwells on the south side. Commissioner Brown asked what the reasoning was
behind restricting the stairwells to the north side of the residences. Mr. Cummins
stated that as he understands the matter, the "B" Row properties in Surfside are
offset slightly from the A Row properties, allowing the B Row residents to have a
view between two A Row residences. He said that on the A Row properties all the
front doors were originally intended to be on the north side. Commissioner Brown
asked why some of the properties had front doors on the south side if City Code
states that the front doors are restricted to the north side of the properties. Mr.
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City of Seal Beach Planning Commission
Meeting Minutes of August 22, 2001
Cummins responded that the regulations only deal with a raised stairwell. He said
that there is nothing in the Zoning Code that precludes a front door from being
located on the south side. Commissioner Brown asked why the raised stairwells
were constructed on the south side. Mr. Cummins noted that a number of the
structures are very old. Mr. Whittenberg inte~ected that Surfside was an
unincorporated area for many years and most of those homes were constructed
before the area became part of the City of Seal Beach in the late 1960s or early
1970s. He explained that the Code restrictions were then developed to attempt to
address the issue of the pre-existing exterior stairways. Commissioner Brown asked
when the Code restrictions were developed. Mr. Whittenberg stated that this had
occurred prior to his 12-year tenure with the City of Seal Beach. Commissioner
Brown then asked Commissioner Sharp if he recalled when the Code had been
amended to restrict the location of exterior stairways. Commissioner Sharp stated
that this restriction was already a part of the Code before he first served as a
Planning Commissioner. Commissioner Brown questioned whether this issue had
ever come up during the last 12 years. Commissioner Sharp stated that he could
not recall the issue of the location of exterior stairwells every coming before the
Planning Commission. Commissioner Sharp asked whether the Surfside
Homeowners Association (SHA) has expressed any opposition to this project. Mr.
Cummins stated that the SHA had approved the plans for A-61 Surfside. Mr.
Cummins then proceeded to present several photographs of homes in Surfside with
the exterior stairwells.
Commissioner Questions
Commissioner Ladner asked if Variance 01-4 was approved, would the Zoning laws
have to be revised. Mr. Cummins stated that the Planning Commission could grant
a Variance and state that there is a special characteristic unique to this property.
Commissioner Sharp stated that this was quite common in Surfside.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Marshall Ininns stated that the reason the stairwell on this project is to be
constructed on the south side is to prevent two abutting entrances on adjoining
properties. He noted that the house to the north of A-61 Surfside has an entrance
on the south side and the house to the south has an entrance on the south side. He
stated that he had letters from the adjoining property owners speaking in favor of this
project. He explained that the lots in Surfside were originally laid out to allow for a
view corridor, but then the lots were being split, which has changed the view corridor
line. Mr. Ininns said that the lot area is 1,215 square feet and with the setbacks, the
house structure will not be that big. He stated that the stairwell will allow entrance to
the home via the second floor and will keep the living area from being subject to
possible flooding. He recommended approval of Variance 01-4.
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City of Seal Beach Planning CommIssIon
Meeting Minutes of August 22, 2001
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Cutuli noted that as a former resident of Surfside he knows that due
to the cramped quarters, any kind of space in this neighborhood is "jealously
protected." He noted that any encroachment on a neighbor could be considered
"dangerous." He stated that in many cases a second floor has been "bootlegged"
into where the first floor would originally have been. He said that he does not like
the exterior stairways because they block the view and create a more solid wall of
structure, however, there are already many exterior stairways and it would be
difficult to attempt to draw the line now. Commissioner Cutuli stated that if the SHA
is in agreement, he had no objection to approving V AR 01-4. Commissioner Cutuli
asked the applicant whether this issue was presented before the SHA. Mr. Ininns
stated that although this was not presented before the SHA, public notice was
mailed to all residents within a 300-foot radius. Commissioner Cutuli stated that he
would require more confirmation from the SHA before voting on this item. He also
recommended that the approval include wording that prohibits exterior stairways
from being constructed up to the third floor of residences in Surfside. He
recommended continuing this item until further verification of approval from the SHA
could be provided.
Commissioner Brown stated that he saw no indication of special circumstances with
this application. He wondered why this issue had never come up during the past 12
years. He said he would be interested in knowing how many of these exterior
stairwells were constructed on the south side of the residence. He stated that he
was in agreement with Commissioner Cutuli. He noted that this was a big change
and it should apply throughout Surfside rather than to only one house.
Mr. Whittenberg confirmed that the Commission was asking that Staff return to
Surfside to obtain additional information to present at the next regularly scheduled
meeting.
Chairperson Hood spoke in favor of continuing this item until more information could
be provided. He noted that he had assumed that the plans had been approved by
SHA, but that apparently this had not taken place. Mr. Cummins interjected that the
plans had been approved by the Surfside Colony Architectural Review Board
(SCARB). Commissioner Sharp stated that the SHA and the SCARS were two
different boards.
Commissioner Brown stated that this issue seems to be more a Zone Change than a
Variance. He said that if a Zone Change were to be merited, the Planning
Commission should hear from the Board of Directors of the SHA. He noted that if
this variance is approved, the next one that comes along like this cannot be denied.
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CIty of Seal Beach Planning CommissIOn
Meeting Minutes of August 22, 2001
Chairperson Hood noted that in essence what a vote approving this application
would state would be that if there are already two exterior stairways on the south
side, then this one could also be on the south side.
Mr. Whittenberg clarified that the restrictions on exterior stairways to the north side
apply only to the A Row residences. He stated those homes on the Band CRows
can have entrances and stairways on either side. He said that although changes to
the Code attempted to take into account any new construction, it did not take into
account the non-conforming structures already in existence. He stated that as he
and the Assistant Planner drove along the A Row of homes, they found the large
majority of this type of stairway along this row. He recommended that the
Commission continue this item for 30 days to the second meeting in September for
reconsideration. Commissioner Cutuli recommended asking the SHA what their
feeling is regarding stairways on the south side when there are other homes with the
stairways on the south.
MOTION by Cutuli; SECOND by Brown to continue this item to the scheduled
meeting of September 19, 2001.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
5. Conditional Use Permit 01-10
220 Main Street
Applicant/Owner:
Request:
Judie Fabrizio / Jane La Masney
To utilize approximately 900 square feet for a personal
fitness training studio at an existing building located on
Main Street. Recently, the Planning Commission made
the finding that this request is allowable under the.
provisions of the Main Street Specific Plan, subject to
Conditional Use Permit.
Recommendation: Approval, subject to conditions and adoption of
Resolution 01-37.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
stated that this use is not currently defined in the Main Street Specific Plan (MSSP),
although the Planning Commission considered and approved a substantially similar
request at the Planning Commission meeting of July 18, 2001. He described the
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City of Seal Beach Planning Commission
Meeting Minutes of August 22, 2001
location as measuring approximately 944 square feet, including a storage room and
a restroom. He described the surrounding land uses as follows:
NORTH & SOUTH: Commercial businesses in the Main Street Specific Plan
(MSSP) Zone.
WEST: Commercial businesses in the Main Street Specific Plan
(MSSP) Zone and residential housing in the Residential High
Density (RHO) Zone.
EAST: Residential housing in the Residential High Density (RHO)
Zone
The Assistant Planner noted that the main difference between the previously
approved application and Conditional Use Permit (CUP) 01-10 is that Bella Forma is
to be located on the first floor level. He stated that Staff does not see a major
difference in terms of the impact upon the community and that this use is appropriate
for Main Street. Mr. Cummins stated that with regard to the concept of the Planning
Commission acting as the "mall manager" along Main Street, when the MSSP was
drafted Staff took the view that Main Street was a mix of commercial and
service/commercial uses. He said that there were many first-floor service
commercial uses along Main Street, and as such, Staff believes that this use fits in
within the scope of the MSSP. He reported that currently Bella Forma has been
operating without a valid business license. He stated that the applicant, Ms.
Fabrizio, had applied for a business license and was informed that a CUP would be
necessary. Because her application was received shortly before the application for
209~ Main Street was to be reviewed, Ms. Fabrizio was advised by Staff to wait until
the Planning Commission had made a determination of proper zoning. Mr.
Cummins explained that after the Planning Commission approved the application for
209~ Main Street and made the determination that all similar applications would
require a CUP, Staff informed Ms. Fabrizio of the need to apply for a CUP. He
stated that Staff is recommending approval of CUP 01-10 subject to conditions.
Commissioner Questions
Chairperson Hood asked whether Ms. Fabrizio had been notified of the need to
receive approval of a CU-P prior to opening the doors for business. Mr. Cummins
stated that Staff had so informed the applicant. Chairperson Hood asked if despite
this information, the applicant still opened for business. Mr. Cummins stated that
apparently the applicant was under the impression that their request had been
approved.
Commissioner Brown asked who had authored the Staff Report for this item. Mr.
Cummins reported that he had written the report.
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Chairperson Hood asked in the opinion of Staff, what the difference was between
and fitness studio and a massage parlor. Mr. Whittenberg responded that massage
parlors are a totally different use as defined not only by City Code but also by
County of Orange Health and Safety Codes with specific licensing requirements for
massage parlors. Chairperson Hood stated that he simply wished to provide
clarification on the difference between the two types of establishments.
Commissioner Ladner asked if this application would supersede Bella Forma, or
would Bella Forma continue to be in business at this location. Mr. Cummins
reported that Bella Forma is the name of the applicant for CUP 01-10.
Commissioner Ladner asked if they were currently operating as a one-on-one fitness
studio. Mr. Cummins confirmed that this was correct.
Commissioner Sharp asked if it were unusual for someone to open a business
without realizing that it was not a permitted use under City Code. Mr. Whittenberg
stated that normally business license applications are submitted to the Finance
Department and are then forwarded to the Department of Development Services for
review to ensure that the business meets zoning and other requirements prior to
issuing the license. He explained that many times a business would go ahead and
open while the license is being processed. He stated that Staff has advised the
Finance Department that no business should be allowed to open until all necessary
approvals have been received. He said that in this particular case, there was quite a
lengthy period of time from the time that the application was initially submitted until it
was presented to the Department of Development Services for review. He reported
that there was also a change in personnel for processing of business licenses and,
unfortunately, this application along with several others was delayed. He stated that
because there was a problem with the City's processing of this application, the
applicant did go ahead and open for business. He noted that once Staff became
aware of the situation, they informed the applicant that a CUP would be required.
Public Hearinq
Chairperson Hood opened the public hearing.
Ms. Judy Fabrizio stated that she wished to clarify that Bella Forma would not be just
a one-on-one fitness center. She said that they also had retail workout clothing for
sale. She explained that Pilates is not just fitness, but a form of medical
rehabilitation. She stated that she had taken possession of the building at 220 Main
Street in February and at the beginning of March had applied for a business license.
She said that she had only received an oral response from the City stating that she
would be approved for a business license. Ms. Fabrizio reported that she was not
informed that she would need a CUP until after the applicant for CUP 01-8, Ms. Julie
Beck, came to Ms. Fabrizio requesting support for her application at 209% Main
Street. She noted that she had applied for a CUP after the Assistant Planner had
told Ms. Fabrizio's secretary that they would require a CUP. She said that she was
told to wait to apply until after the Planning Commission had made a determination
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on CUP 01-8 for fitness centers along Main Street. She emphasized that she had
not opened for business without first having investigated whether she would require
a business license.
Ms. Tracy Barden, a physical therapist and instructor at Bella Forma, stated that she
is currently seeing 22 clients, 10 of whom live in Seal Beach and walk to the studio
from their residences. She stated that 3 of her clients are senior citizens who are
receiving therapy to assist their recovery from strokes. She noted that her other
clients come from other cities three to four times a week for their appointments.
She said that they also would usually shop or eat in Seal Beach after their workout.
Ms. Paula Paloski stated that she had completed the business application two
months prior to the scheduled opening. She said that Bella Forma was not
contacted by the City prior to opening despite her placing several unreturned
telephone calls. She stated that she had contacted Mr. Cummins who had told her
that everything was fine, but that Ms. Fabrizio would have to apply for a CUP. Ms.
Paloski said that she had requested the application and Mr. Cummins said he would
forward it to her. She stated that she never received the application nor did she
receive a follow up call until June when Mr. Cummins informed her of Ms. Beck's
application for CUP 01-8, and he also instructed her to wait until a determination was
received on whether fitness centers would be allowed on Main Street without the
requirement of a CUP. After the public hearing for CUP 01-8, Ms. Paloski was
informed that a CUP would be required and she immediately filed the application.
She stated that Bella Forma had never attempted to ignore any of the requirements
for operating a business, but was simply not informed in a timely manner of what the
requirements are. Ms. Paloski stated that instruction is one-on-one, there is no loud
music, and it is a yoga-type workout rather than weight lifting. She said there are
never more than 3 clients in the studio at a time with one or two instructors. She
noted it is a mind/body fitness method for physical fitness and rehabilitation.
Commissioner Ladner asked if both male and female clients would receive
instruction. Ms. Paloski stated that this was correct. Commissioner Ladner
confirmed that only one unisex restroom would be made available. Ms. Paloski
confirmed that this was correct.
Commissioner Brown said that the applicant had stated that this was not a physical
fitness training studio, so he asked how the business was to be described. Ms.
Paloski stated that it is a Pilates studio. Mr. Whittenberg interjected that the way
Staff defines a personal fitness training facility would fall under the type of services
provided. He noted that there are other business activities going on at Bella Forma
that do not require a CUP. Ms. Fabrizio added that her portion in the business is the
retail clothing and she is the manager and owner of the property, but she does not
do the physical training. She stated that when she said this was not "personal
training," she was stating that this would not involve aerobics, weight training,
running, etc. She noted that this was more of a meditative-type workout like Yoga.
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Commissioner Brown asked if this would be closer to physical therapy. Ms. Fabrizio
stated that this was how Pilates had started: to help rehabilitate injured dancers.
Commissioner Ladner asked how the, number of people in the building would be
controlled with the retail clothing sales on site. Ms. Fabrizio stated that the clothing
line is limited to workout clothing, which is made available for the clients coming in
for a training session and to the general public. Commissioner Ladner asked if
sufficient parking is available for both staff and clientele. Ms. Fabrizio confirmed that
with nine spaces there is sufficient parking. She commented that Bella Forma has
been very well received by the residents of Seal Beach and she takes great care in
ensuring that the fac;ade and front sidewalk areas are well maintained.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Sharp noted a correction to Condition No. 8 of the Conditions of
Approval.
Commissioner Brown stated that just as he had opposed CUP 01-8, he is also
against approval of this CUP. He noted that the Main Street Specific Plan (MSSP) is
not done by the Planning Commission but by the City of Seal Beach through the City
Council. He said that ultimately the decision on any issue that determines the
direction, the nature, and the vision for Seal Beach is up to City Council. He stated
that the MSSP is the embodiment of City Council's vision of what Main Street should
be. He said that the Planning Commission does act like the manager in terms of
interpreting what the City Council meant to create. He continued by stating that
ultimately all decisions of the Planning Commission are open to appeal to the City
Council. He noted that City Council has this authority over Main Street because it is
public property as opposed to a mall, which is on private property. He explained that
as such, the City provides the parking for this "mall" on Main Street and maintains
that parking and also provides trees, landscaping, and security, which can be quite
expensive. Commissioner Brown stated that although the City does not determine
exactly what businesses go in on Main Street, nor does the City set the rents or own
the land, it does determine the overall theme. He said that if the City Council should
choose to change the vision for Main Street, the appropriate way to do this would be
through the MSSP. He stated that he wished to clarify this for Staff, as it appears
that Staff does not understand this. Commissioner Brown noted that the vision for
Main Street was to create a retail environment to serve both residents and visitors.
He said that in terms of this application, the retail use is not in question, but rather
whether this is a personal fitness training studio rather than a retail store. He stated
that although he likes what has been done at this location, he does not believe that
this is an appropriate use for Main Street, or is it allowed in the MSSP.
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Commissioner Sharp stated that although he agreed with Commissioner Brown, this
business is very similar to CUP 01-8, which was already approved, and Bella Forma
does have sufficient parking, so he believes this application should also be
approved.
Commissioner Cutuli stated that he believed this would be a worthwhile business on
Main Street. He said that he believed this issue should be presented to City Council
for a determination as to whether this type of business should be allowed on Main
Street. He stated that if he were a member of City Council, he would definitely
approve this application, however, for now he would have to agree with
Commissioner Brown.
Chairperson Hood asked if the MSSP is inclusive or exclusive or both. Mr.
Whittenberg stated that the Zoning Ordinance Provisions define specific uses that
are allowed by right and by Conditional Use Permit (CUP) and has a clause that
indicates that additional uses can be permitted based upon the determination of the
Planning Commission. Chairperson Hood asked if the MSSP was silent on the issue
of fitness training centers. Mr. Whittenberg stated that the Ordinance does not
mention fitness studios, but the Commission at its meeting of July 18, 2001 made
the determination that this type of use was acceptable subject to obtaining a CUP.
Chairperson Hood asked which would be correct:
1. Commissioner Brown's statements that imply that because the MSSP does not
mention this use, it should not be allowed.
2. Or as Chairperson Hood understands it, because the MSSP is silent on this
particular use, then the Planning Commission would determine the
appropriateness of the use.
Mr. Whittenberg responded that it was actually a combination of both. He explained
that the uses permitted by right are listed in the City Code, and those reflect the uses
discussed at the time the MSSP was adopted. He noted that the City Council also
adopted a Zoning Ordinance Provision that Staff uses. He said that at the time the
MSSP was created, this type of land use was not as popular as it is today. He
stated that the Code does state that other uses that are found to be substantially
similar by the Planning Commission can be allowed once the Planning Commission
makes that determination.
Commissioner Brown stated that he did not feel that Chairperson Hood had
conveyed a correct characterization of his statements. He corrected by saying that
what he had said was that the overall vision of the MSSP is a retail environment. He
said he never mentioned that uses were included or excluded. He stated that what
Staff is saying is that if there is a new use, the Planning Commission determines
whether it is more similar to a use that is allowed or to a use that is not allowed. He
said that this does not mean that the use is defined as allowed or not allowed, but
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simply means that the Planning Commission defines the use by looking at the intent
of the MSSP and determines whether the use falls within this intent.
Commissioner Ladner commented that this use would have some retail value.
Commissioner Brown stated that certain uses are allowed by right, but a gymnasium
is not an allowed use, and it is not a good use for the first story retail area of Main
Street. Commissioner Ladner asked what percentage of the business would be
retail. Commissioner Brown suggested re-opening the public hearing in order to ask
the applicant.
Mr. Whittenberg interjected that the issue was not whether retail is to be the major
use of the building, but whether City Code allows a personal fitness studio as a use
subject to a CUP.
Commissioner Sharp stated that because the Planning Commission had already
approved CUP 01-8, with no objections from City Council, that CUP 01-10 should
also be approved.
Chairperson Hood asked if CUP 01-10 is granted who is eligible to appeal this
decision. Mr. Whittenberg stated that any individual could appeal this decision.
Chairperson Hood asked what the cost would be if a City Council member were to
appeal this decision. Mr. Whittenberg said that there were no costs involved.
Chairperson Hood asked if there would be a cost for the applicant to file an appeal.
Mr. Whittenberg confirmed that there would be an application fee. Chairperson
Hood expressed his concern for facilitating review by City Council should the
Planning Commission deny this application, without incurring further fees for the
applicant.
\
MOTION by Sharp to approve Conditional Use Permit 01-~0 and adopt Resolution
01-37.
Motion dies for lack of a second.
MOTION by Brown; SECOND by Cutuli to deny Conditional Use Permit 01-10.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-2
Brown, Cutuli, and Ladner
Hood and Sharp
None
Mr. Whittenberg noted that Staff would return with Resolution 01-37 reflecting the
Planning Commission's decision at the next scheduled meeting. He also advised
that the adoption of Resolution No. 01-37 begins a 10-day calendar appeal period to
the City Council.
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Commissioner Sharp asked whether Bella Forma would be allowed to continue to
operate in the interim. Mr. Boga stated that the City Attorney's office has not
received direction to attempt to close down this business. He recommended that
until the appeal process is complete that Bella Forma be allowed to continue to
operate pending final action by the Planning Commission and City Council.
STAFF CONCERNS
Mr. Whittenberg reported that no public hearings are scheduled for the meeting of
September 5, 2001, and that Staff would attempt to schedule study session matters
for that meeting.
COMMISSION CONCERNS
Chairperson Hood noted that he had received a copy of the faxed letter from Walt
Miller and inquired whether Staff has prepared a response to Mr. Miller's letter. Mr.
Whittenberg stated that this was provided for the information of the Planning
Commission, but Staff would provide an appropriate response to Mr. Miller's letter
and provide a copy to the Commissioners.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 9:00 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secret ry
Planning Department
APPROVAL
The Commission on September 5, 2001 approved the Minutes of the Planning
Commission Meeting of Wednesday, August 22,2001. 0 LA .
'-
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