Loading...
HomeMy WebLinkAboutPC Min 2005-07-20 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for July 20, 2005 7:30 p.m. District 1 - Ellery Deaton District 2 - Phil O'Malley District 3 - Gordon Shanks District 4 - Gary Roberts District 5 - Phil Ladner Department of Development Services Lee Whittenberg, Director Alexander Abbe, Assistant City Attorney Christy Teague, AICP, Senior Planner Carmen Alvarez, Executive Secretary o 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. o 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 at (562) 431-2527. o Planning Commission meetings are broadcast live on Seal Beach TV3. They are rebroadcast on Sunday afternoons, Channel 3 at 4:00 p.m. o Videotapes of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404. o 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. Page 1 of 6 . . . City of Seal Beach Planning Commission. Agenda of July 20, 2005 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 proceedinas are recorded. Page 2 of 6 . . . City of Seal Beach Planning Commission Agenda for July 20, 2005 7:30 p.m. I. PLEDGE OF ALLEGIANCE II. ROLL CALL ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON III. IV. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. V. 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. VI. 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. June 2005 Building Activity Report VII. SCHEDULED MATTERS 2. Approve Planning Commission Meeting Minutes of July 6, 2005. 3. Request for Study Session - Proposed General Plan Land Use Amendment, Zone Change, and Development Requests - Residential Use of Accurate Metals Property. Page 3 of 6 . . . City of Seal Beach Planning Commission · Agenda of July 20, 2005 VIII. PUBLIC HEARINGS 4. Conditional Use Permit 14-87 (Revocation) 345 Tenth Street (Watersafe Swim School) Applicant/Owner: Request: Recommendation: City of Seal Beach / Jeannie A. West Consider a revocation of CUP 14-87, which permits a land use entitlement for the re-establishment of an unenclosed private swim school. The conditions of approval for CUP 14-87 require the swim school to maintain an agreement with St. Anne's Church to use 12 parking spaces in the church parking lot for 25 years, until 2009, and the agreement is no longer in effect between the parties. Approval and adoption of Resolution 05-37. 5. Planned Sign Program 05-1 311 Main Street Applicant/Owner: Request: Robin Fairman / Karahalios Family Trust To approve a Planned Sign Program for the existing Seal Beach Mall, including 3 sizes of awning signs. Recommendation: Approval and adoption of Resolution 05-34. 6. Mitigated Negative Declaration 05-2 General Plan Amendment 05-1 Zone Change 05-1 Tentative Parcel Map 2004-106 Surfside Colony Applicant/Owner: Request: Surfside Colony · Recommend adoption of Mitigated Negative Declaration 05-2 to the City Council; . Amend the Land Use Element of the General Plan to designate a 1,514 square foot portion of an existing vacant 4,664 square foot lot from Commercial General to Residential High Density; · Change the zoning designation on this parcel from General Commercial (C-2) to Residential Low Density (RLD), District III to be consistent with the Page 4 of 6 . . . City of Seal Beach Planning Commission . Agenda of July 20, 2005 General Plan revision and to allow for the future construction of a new 2,400 square foot single- family residence; . Approve a parcel map to legally establish the revised 3,150 square foot commercial lot area and establish the proposed 1,514 square foot residential lot. Recommendation: Approval and adoption of: Resolution 05-23 - Mitigated Negative Declaration 05-2 Resolution 05-24 - General Plan Amendment 05-1 Resolution 05-25 - Zone Change 05-1 Resolution 05-38 - Tentative Parcel Map 2004-106 IX. STAFF CONCERNS X. COMMISSION CONCERNS XI. ADJOURNMENT Page 5 of 6 . . . Aug 3 Aug 17 Sep 7 Sep 21 Oct 5 Oct 19 Nov9 Nov 23 Dec 7 Dec 21 City of Seal Beach Planning Commission · Agenda of July 20, 2005 2005 Aaenda Forecast MEETING CANCELLED Minor Plan Review 05-7 50 Riversea Road Page 6 of 6 . . . CITY OF SEAL BEACH PLANNING COMMISSION Minutes of July 20, 2005 Chairperson Ladner called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, July 20, 2005. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Ladner, Commissioners Deaton, O'Malley, Roberts, and Shanks. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Christy Teague, Senior Planner Alexander Abbe, Assistant City Attorney Absent: None. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON Mr. Whittenberg noted that this is the time of year for election of the Planning Commission Chairperson and Vice-Chairperson. He stated that nominations would first be accepted for Chairperson and then for the position of Vice-Chairperson, and indicated that nominations do not need to be seconded and if there is more than one nomination the Planning Commission (PC) would have to take a vote to determine who is to be elected. He opened for nominations. Commissioner Deaton nominated Commissioner Shanks for Chairperson. Hearing no other nominations, Mr. Whittenberg closed nominations and asked for a vote to elect Commissioner Shanks as Chairperson. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None Chairperson Shanks proceeded to chair the meeting and called for nominations for Vice-Chairperson. Commissioner Roberts then nominated Commissioner Deaton for Vice-Chairperson and Chairperson Shanks seconded the nomination. There being no other nominations, 1 These Minutes were transcribed from audiotape of the meeting. Page 1 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Chairperson Shanks closed nominations and asked for a vote to elect Commissioner Deaton as Vice-Chairperson. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None Mr. Whittenberg then thanked Commissioner Ladner for his service as Chairperson of the Planning Commission. AGENDA APPROVAL MOTION by Roberts; SECOND by Ladner to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None ORAL COMMUNICATIONS Chairperson Shanks opened oral communications. There being no one wishing to speak, Chairperson Shanks closed oral communications. CONSENT CALENDAR 1. June 2005 Building Activity Report MOTION by Roberts; SECOND by Ladner to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: SCHEDULED MATTERS 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None 2. Approve Planning Commission Meeting Minutes of July 6, 2005. Commissioner O'Malley noted that he would abstain from voting on this item, as he was absent from the meeting of July 6, 2005. Page 2 of 18 City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 . MOTION by Deaton; SECOND by Ladner to approve the Planning Commission Meeting Minutes of July 6, 2005. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 4-0-1 Shanks, Deaton, Ladner, and Roberts None None O'Malley 3. Request for Study Session - Proposed General Plan Land Use Amendment, Zone Change, and Development Requests - Residential Use of Accurate Metals Property. Staff Report Mr. Whittenberg indicated that Staff received a proposal for redevelopment of the Accurate Metal property located on Seal Beach Boulevard, directly across the street from the Seal Beach Police Department. He stated that Staff has conducted several discussions with the proponent and have expressed concerns regarding the compatibility of the proposed development with the surrounding land uses. He indicated that the developer would like the opportunity to present their ideas during a study session before the Planning Commission (PC) before deciding on whether to proceed with a formal application. He recommended scheduling the study session for the August 17, 2005 PC meeting date. . Chairperson Shanks inquired about the dimensions of the site. Mr. Whittenberg stated that the site measures approximately 4.5 acres. Chairperson Shanks asked to what point the Boeing Integrated Defense Systems (BIDS) project has progressed. Mr. Whittenberg stated that BIDS has submitted the public improvement plans for the project roadways, utilities, etc., and the building plans for 10 of the 13 buildings were submitted today. Chairperson Shanks asked if copies of these plans could be made available for the study session. Mr. Whittenberg stated that copies of the site plan could be provided. MOTION by Roberts; SECOND by O'Malley to schedule a study session for August 17, 2005, for presentation of the Proposed General Plan Land Use Amendment, Zone Change, and Development Requests for Residential Use of the Accurate Metals Property. MOTION CARRIED: AYES: NOES: ABSENT: . PUBLIC HEARINGS 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None 4. Conditional Use Permit 14-87 (Revocation) Page 3 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 345 Tenth Street (Watersafe Swim School) ApplicanUOwner: Request: City of Seal Beach/Jeannie A. West Consider a revocation of CUP 14-87, which permits a land use entitlement for the re-establishment of an unenclosed private swim school. The conditions of approval for CUP 14- 87 require the swim school to maintain an agreement with St. Anne's Church to use 12 parking spaces in the church parking lot for 25 years, until 2009, and the agreement is no longer in effect between the parties. Recommendation: Approval and adoption of Resolution 05-37. Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that the original approvals for re-establishment of the swim school at this location were granted in February 1988, with the conditions of approval including a condition that the swim school maintain a parking arrangement with St. Anne's Church for the provision of 12 parking spaces for employees and patrons of Watersafe Swim School. He indicated that a 25-year lease was signed between the local church cleric and the swim school. He said that in July of 2004 the swim school contacted Staff to make them aware that the church was no longer allowing customers and employees of the swim school to park in their parking lot, with their cars being ticketed for parking violations. Since that time a lot of discussion and negotiations have taken place in an attempt to come to a resolution of this issue; however, to date this has not occurred. As such, Staff felt the only means of assisting resolution would be to schedule a hearing for revocation. He noted that representatives from both the church and the swim school are present tonight. The Director of Development Services then provided a brief PowerPoint presentation of photographs of the swim school, the church and its parking lot, and the surrounding area. He noted that parking in this area is limited to 1 hour, and because this area does include commercially zoned uses and is also zoned for residential high density, there is a shortage of parking space along Tenth Street. He indicated that Staff is hoping that Watersafe and St. Anne's can come to a resolution of this matter. Commissioner Questions None. Public Hearinq Chairperson Shanks opened the public hearing. Mr. Whittenberg noted for the record that a letter in opposition was received from Eric Pedersen of 343 Tenth Street, as well a letter in opposition from Lee Donely at 335 Tenth Street. He also noted a copy of a letter from Emling Forensis, P.C., dated Page 4 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 January 10, 2005 and directed to Watersafe Swim School related to a public nuisance issue between Eric Pederson and the swim school. Tony Russell, the legal counsel for Watersafe Swim School, stated that his client wishes to request that the PC deny Resolution 05-37 revoking Conditional Use Permit (CUP) 14-87. He said that this is not the proper forum for determining whether or not the lease is valid or invalid. He indicated that it is Watersafe's position that the lease is valid and enforceable, has not been terminated, and has not been breached. He stated that St. Anne's wants to reduce the number of parking spaces and change the hours for parking. He stated that information acquired from the California Coastal Commission (CCC) and City Staff indicates that this would not be possible. He said that Watersafe is attempting to work this out by finding other parking places to substitute to meet the requirements of CUP 14-87 and to informally cooperate with the church to resolve this issue; however, they have not been able to do this. He stated that the lease was signed in 1988, accepted by the City of Seal Beach and the CCC, was recorded in the County Recorder's Office, and Watersafe Swim School has relied on this since that time. He noted that a change in pastor or personnel should not affect the lease and a landlord has no right to change a lease because of demand changes without the consent of both parties. He stated that the school has continued to use the parking spaces regardless of the sign change, as they are not in violation of the lease, which is a binding contract. He reiterated that his desire and that of Watersafe is to be able to informally resolve this matter. He encouraged St. Anne's to work with him in coming to an equitable solution. Commissioner Ladner asked how many parking spaces for the swim school are required on a daily basis. Ginny Flahive Ferguson, owner of Watersafe Swim School, stated that when she opened the school the CCC determined that she would require 12 parking spaces. She said that she had met with Michael Collins of St. Anne's, who had leased spaces to the previous owner, and he had agreed to lease 12 parking spaces. Commissioner Ladner asked about the 3 parking spaces to the rear of the school. Ms. Ferguson stated that the City had not approved these spaces as legal for parking. Commissioner Deaton asked how long customers are parked at any given time. Ms. Ferguson said that they are usually parked for an average of 15 minutes, or longer if they have to prepare their child for the swim lesson, and change his or her clothes after the lesson. If a customer has two children taking lessons, they will be parked for at least 30 minutes. Commissioner Ladner asked how many instructors are employed at the school. Ms. Ferguson indicated that there can be two or three instructors in the pool depending upon the time of day and instructors work 4-5 hour shifts. Commissioner Ladner then asked if instructors park their cars in front of the school. Ms. Ferguson stated that instructors do not park in the church lot, but will park elsewhere on the street. Commissioner Roberts asked what the ratio of instructor to student was. Ms. Ferguson stated it is one-to-one. Commissioner O'Malley asked Mr. Russell if the lease is valid, why has he not gone to court during this one-year period to have the lease enforced. Mr. Russell noted that Ms. Page 5 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Ferguson could better respond to this. Ms. Ferguson stated that some of her employees and customers were cited for parking in the church lot. Commissioner O'Malley asked if Ms. Ferguson had received notification that she was no longer allowed to use the parking spaces in the church lot. Ms. Jeannie West, the Director of the school, reported that they had not received notification. Member O'Malley asked how they became aware that the parking spaces were no longer available. Ms. West stated that she had walked over to St. Anne's and asked the Office Manager why the cars were being ticketed, and was told that Watersafe was no longer permitted to use these parking spaces. Member O'Malley asked when this occurred. Ms. West reported this occurred in July 2004, and in July 2002 at which time she had to go to Long Beach to get a copy of the lease to show that the swim school did have a valid lease with the church. Member O'Malley confirmed that no formal notification was ever received from St. Anne's. Ms. West confirmed that there was no formal notice; the parking lot was simply roped off. Mr. Russell added that he has seen no formal correspondence terminating the lease, but only correspondence requesting to change the lease from 12 to 8 parking spaces and to change the parking hours. He noted that if Watersafe had received a notice of termination or eviction, barring the parking, then he would have had to go to court to enforce the right to park, but, fortunately, he has not had to do this yet. Katy Weir of St. Anne's stated that a letter dated July 22, 2002 from the counsel for the Diocese was sent to Watersafe Swim School notifying them that the lease was not valid for a number of reasons; one of them being the consistent failure by Watersafe Swim School to provide proof of liability insurance. Also, the priest of St. Anne's at that time signed the lease, and only the Bishop for the Diocese of Orange is authorized to sign this type of binding agreement. She noted that the Diocese never received a response from Ms. Ferguson, so another letter was sent in August 2004, with the first response received in March 2005 and a certificate of insurance was submitted only a few days ago. She stated that a certificate of liability insurance should have been submitted every year since 1988. She indicated that she could provide a copy of a letter from the Diocese dated July 18, 2005, which provides a history of their attempts to receive a response from Ms. Ferguson. Commissioner Roberts asked what the story was behind limiting the parking spaces from 12 to 8. Ms. Weir explained that parishioners have complained that parking is not sufficient and the church is letting other people use parking that should be for parishioners. She indicated that St. Anne's has no intention of attempting to close down Watersafe Swim School, and felt that if they reduced the number of parking spaces to 8 the school could find parking spaces elsewhere and the church could show a response to the complaints from church members. Commissioner Roberts commented that he drove by the lot and it did not appear to be crowded. Ms. Weir noted that it is difficult to predict when there will be a funeral scheduled and there are other church events requiring use of the entire parking lot. Commissioner Deaton confirmed that the Diocese is proposing to provide 8 parking spaces for the swim school for the remainder of the 25-year lease. Ms. Weir confirmed that this was correct and noted that the Diocese also wishes to change this to a month-to-month agreement as soon as possible. She reiterated that the Diocese does not consider the lease to be valid as previously explained. Commissioner Deaton stated that this is definitely a legal matter and the PC cannot decide whether the lease is legal or not. Page 6 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Tony Russell agreed that this is a legal issue and should not be discussed tonight. He said that as soon as Watersafe was notified of the need for verification of liability insurance in 2002, the school acquired the insurance, but this requirement had previously been waived. He noted that although Ms. Weir states that only the Bishop is authorized to sign contracts, this might not have been the policy in 1988, and the contract was presented with the full knowledge of an agent of the church. Jeannie West noted that the Staff Report includes eight pages of petitions with signatures of patrons in favor of keeping the Watersafe Swim School in operation. She noted that she had four more pages of signatures to add to this. Mike Reeder stated that his daughter is a student at the swim school and Watersafe does provide a very important service to Seal Beach and the surrounding communities. He noted that this is not a curio or coffee shop, but a place that helps save children's lives. He said that he feels good about his daughter learning how to be safe in the water. He indicated that when taking their daughter for her lessons, he and his wife do what they can to minimize the impact upon the surrounding community. He stated that it is in the interest of the City to keep this school in operation. Eric Pedersen stated that he lives next door to the swim school and noted that the nonstop noise from the school of children crying and screaming becomes unbearable. He then played an audio recording of the kind of noise coming from the swim school. He noted that the school does open sometimes on Sundays and during the week they are open from 8:00 a.m. to 8:00 p.m. He said that if the noise issue is not resolved, it will be necessary for him to move. Ann Masharro said she lives next door to the swim school and parking is a serious issue. She stated that she is also exposed to the noise and there is never parking on the street and customers of the swim school are always double parked or parking in handicapped parking spaces. She said there is no question that the school provides an important service, but they should find another location with adequate parking for customers. Commissioner Deaton asked how long it had been since Ms. Masharro had purchased her property. Ms. Masharro stated that she purchased her home approximately 3% years ago. Commissioner Deaton asked if the swim school was there at that time. Ms. Masharro confirmed that it was. Eric Pedersen interjected that they had purchased the home during the wintertime, and although they were warned about the swim school, at that time the noise didn't seem to be quite as bad as it has gotten recently. He noted that swimming lessons are also provided at the McGaugh School swimming pool. He stated that many of the people who signed the petitions do not live in Seal Beach. Ms. Masharro stated that many of the customers will dress their children in the car before and after their swim lesson, which is not appropriate on a public street or in view of residents. She noted that many times they have left diapers and trash on her lawn. Jeannie West stated that there are other businesses in the area like Subway Sandwich and a Honda repair shop. She noted that clients of these businesses also park on the street and leave trash. She said that when Mr. Pedersen made her aware of customers changing their children's clothing in their cars she had distributed a notice to all of her Page 7 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 customers asking them to refrain from this practice and to use the changing rooms inside the swim school. She indicated that every day she does police the area on both sides of the school to make sure that no trash has been left on the sidewalks. Chairperson Shanks ask what the age range is for the majority of students. Ms. West stated that it ranges from 2 months to 99 years. She indicated that the school does open at 8:00 a.m. to allow senior citizens to use the pool from 8:00 to 8:30 a.m., but no lessons are given during this time. Commissioner Roberts stated that he had driven by the school today and had observed a customer changing a child's clothes inside the car. Ms. West indicated that she would again post and circulate the sign prohibiting this practice. There being no one else wishing to speak, Chairperson Shanks closed the public hearing. Mr. Abbe stated that the fact remains that anyone operating a business in the City of Seal Beach must provide on-site parking. He said there are exceptions to this if you have a business that pre-dates the adoption of the Zoning Code or if there is a in-lieu arrangement in the Main Street Specific Plan (MSSP) Zone, or if there is an agreement to provide that parking somewhere off site. He indicated that when off-site parking is allowed, it is included as a condition in the CUP, and the business owner must maintain that parking off-site. He noted that based on tonight's comments, there is some dispute over the validity of the lease agreement, but this is not a determination that the PC must make, but should be made by a court of law. He stated that the PC could determine if parking is being provided, and if it is not, the PC can evaluate whether there has there been a reasonable opportunity for the parties to resolve their differences and whether the PC wishes to allow additional time to allow for a modification to the CUP. He emphasized that the PC does not have to wait for a court decision in order to make a decision on revocation of CUP 14-87. Chairperson Shanks asked if the Diocese of Orange decides to allow only 8 parking spaces, would this require approval from the CCC. Mr. Whittenberg explained that this would be a two-step process. First the swim school would have to file an application for an amendment to the conditions of approval and participate in a public hearing before the PC, which would make a decision on whether to accept the proposed amendments. If the PC makes its decision to accept the changes, the applicant would then have to apply to the CCC because of the existing conditions on the Coastal Permit for this use. He noted that the church changing the existing lease to a month-to-month arrangement would cause difficulties for the City, as it has never agreed to counting available parking on a 30-day basis, as there is no guarantee that the parking will be there long-term, and to his knowledge, CCC has never accepted this type of a parking provision. Commissioner Comments Commissioner Deaton inquired if considering a Variance for the non-legal parking spaces in the rear of the building could be a consideration in attempting to provide parking. Mr. Whittenberg stated that the swim school could apply for a Variance and the PC could take this under consideration. Commissioner Deaton noted that the swim Page 8 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 school could also look into parking in other areas of the City. She stated that if the City zoned this area as C-2 Commercial she believes the City has some responsibility to help with the parking issues. Mr. Whittenberg stated that Staff was not able to track how the initial swimming pool and swim school were established and what standards had to be meet when constructed. He said that the approvals for the operation of the swim school, regardless, of what was approved before this, state that in order to re- establish the school at this location, they needed to provide12 parking spaces. Commissioner Roberts referred to the suggested alternative that the swim school be given more time to allow for possible negotiation with St. Anne's. He proposed that the PC grant a continuation of this hearing to allow for this. Commissioner O'Malley stated that he is in agreement with this recommendation. He noted that the problem is that when the CUP was issued, one of the conditions was that the swim school maintain adequate parking. He suggested that a 90-day continuance would be appropriate. Chairperson Shanks noted that parking in Old Town has always been a constant problem, particularly during the summer. He noted that living near the beach does mean being exposed to people changing swimsuits, wetsuits, and diapers in their vehicles. He said that having a teaching swim school is a benefit to the City and the neighborhood, and also to the members of the Catholic Church. Mr. Whittenberg recommended that Chairperson Shanks reopen the public hearing and continue this item until the meeting of October 19, 2005. MOTION by O'Malley; SECOND by Ladner to re-open the public hearing for Revocation of Conditional Use Permit 14-87. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None Commissioner Roberts asked for clarification of the required measurements for legal parking spaces. He also noted that he would like the representative for the Diocese of Orange to speak to the Bishop to see if there is something that can be done on the part of the Church to resolve this matter. MOTION by O'Malley; SECOND by Roberts to continue the public hearing for Revocation of Conditional Use Permit 14-87 to the meeting of October 19, 2005. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None Page 9 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Mr. Whittenberg noted that no further public notices would be provided as the public hearing has been re-opened and this item has been continued. Commissioner Deaton requested a 5-minute recess. The meeting recessed at 8:45 p.m. The meeting reconvened at 8:50 p.m. 5. Planned Sign Program 05-1 311 Main Street Applicant/Owner: Request: Robin Fairman/Karahalios Family Trust To approve a Planned Sign Program for the existing Seal Beach Mall, including 3 sizes of awning signs. Recommendation: Approval and adoption of Resolution 05-34. Staff Report Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) She provided some background information on this item noting that this is a multi-tenant building currently undergoing renovation. She stated that City Code does allow Planned Sign Programs (PSP) to deviate slightly from the Code, subject to approval. The current Sign Code allows each business to have one square foot of signage for each linear foot of building frontage visible from the street or parking area, and also allows a business with less that 25 linear feet of frontage to have a 25- square foot sign; however, the current Code does not allow tenants that do not have building frontage to have a sign. Through a PSP, an interior tenant, such as at the Seal Beach Mall, could have a sign represented along the frontage of the building. This PSP is requesting three separate sizes of projecting awning signs for the exterior building fascia. The awnings will face Main Street and also the parking lot area facing Electric Avenue and in order to maintain consistency, all of the signs will be of the same canvas material and color with like lettering. The new restaurant (Athens West) located at the southwest corner of the building will face both Main Street and Electric Avenue and is to be excluded from the PSP, as they are seeking a sign that is not consistent with the PSP. The Senior Planner reported that the total site area is approximately 39,060 square feet on 8 contiguous lots. She then briefly reviewed the criteria for PSPs, the design standards for signs, and the items the PC should consider as outlined on Pages 4 thru 6 of the Staff Report. Staff recommends approval of PSP 05-1, subject to conditions. Commissioner Questions Commissioner Ladner inquired about the longevity of the awning canvas material. Ms. Teague stated that this information had not been provided, but the applicant could respond to this question. Page 10 of 18 . . . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Commissioner Deaton asked about the signage for Athens West. Ms. Teague reported that Athens West has not yet submitted a sign application, but they have discussed what type of sign would be acceptable under the Sign Code. She noted that as a restaurant use Athens West may require a different type of visibility than the other retail tenants in the building. Commissioner Deaton asked if Athens West could be included in the PSP. Ms. Teague indicated that one of the criteria for the PSP is that any other proposed signs must be compatible, and this has also been added to the conditions of approval. Commissioner Shanks asked about whether it were possible to condition the replacement of these awning signs should they begin to fade and look unkempt. Mr. Whittenberg stated that it is possible, but there are other provisions in the City sign standards that require maintenance of signs, and the PC could also include a condition that would ensure that the signs be maintained in a manner acceptable to the Planning Department. Public Hearinq Chairperson Shanks opened the public hearing. Robin Fairman, representative for Athens West, stated that the designer of the awnings is present tonight, and has reported that the average life of the awnings is approximately 5 years. Commissioner O'Malley asked what would be done to maintain the uniformity of the signs when they do fade, and also, when a tenant leaves and the new tenant's sign is erected, would it still be uniform with the rest of the awnings. Ms. Fairman stated that the tenant lease stipulates that any new tenant will be responsible, for replacing the signage and it will have to be compatible with what is already there. Commissioner Deaton asked if the signs would have any lighting. Ms. Fairman responded that there would be no lighting. Commissioner Roberts asked about signage for the internal businesses. Ms. Fairman stated that most of the inside businesses have an opportunity to have their sign placed on the Electric Avenue side of the building, and only one tenant has opted to not have an awning. There being no one else wishing to speak, Chairperson Shanks closed the public hearing. Commissioner Comments Commissioner Deaton stated that she likes the PSP, but is still concerned about not yet having seen the signage for Athens West. Mr. Whittenberg stated that approval of an application for a PSP is a voluntary matter by a property owner, and the decision to exempt out Athens West is a part of the PSP application, and if the PC wishes to approve this PSP it would have to accept it as submitted. He offered that the PC could also impose a condition that the Athens West sign be included as a part of the PSP and return before the PC for separate review, with the understanding that the sign may not be a canvas awning sign. He said that another option would be to approve PSP 05-1 as is, and the Athens West signage would go through a normal sign review by Staff in the Planning Department in accordance with the standards for Main Street. Commissioner Page 11 of 18 . . 1 2 3 4 5 6 7 8 9 . 12 13 City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Deaton stated that she would like to withhold the approval until the PC could see the proposed signage for Athens West presented with PSP 05-1 as a whole. Mr. Whittenberg added that another option would be to approve this PSP with the additional condition requiring PC review of the Athens West sign to ensure compatibility. Mr. Whittenberg asked if the PC would still wish to review the signage if it is not to be lit. Commissioner Deaton stated that if it is not lit there would be no need for review, as long as it is compatible. He asked if the PC would want the additional sign to go through the public hearing process, or should it go through a scheduled matter process for consistency review. The PC agreed that it could be a scheduled matter. MOTION by Deaton; SECOND by Ladner to approve Planned Sign Program 05-1 and adopt Resolution 05-34 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 05-34 begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 6. Mitigated Negative Declaration 05-2 General Plan Amendment 05-1 Zone Change 05-1 Tentative Parcel Map 2004-106 Surfside Colony Applicant/Owner: Surfside Colony Request . Recommend adoption of Mitigated Negative Declaration 05-2 to the City Council; · Amend the Land Use Element of the General Plan to designate a 1,514 square foot portion of an existing vacant 4,664 square foot lot from Commercial General to Residential High Density; · Change the zoning designation on this parcel from General Commercial (C-2) to Residential Low Density (RLD), District III to be consistent with the General Plan revision and to allow for the future construction of a new 2,400 square foot single-family residence; · Approve a parcel map to legally establish the revised 3,150 square foot commercial lot area and establish the proposed 1,514 square foot residential lot. Page 12 of 18 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Recommendation: Approval and adoption of: Resolution 05-23 - Mitigated Negative Declaration 05-2 Resolution 05-24 - General Plan Amendment 05-1 Resolution 05-25 - Zone Change 05-1 Resolution 05-38 - Tentative Parcel Map 2004-106 Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that basically Surfside Colony proposes to take an existing vacant parcel immediately to the north or inland side of the existing entrance drive to Surfside Colony off of Anderson Street and split the property to create a 1,514 square foot 25 foot x 60 foot lot to be changed in zoning and general plan land use designation from a commercial use to a residential use to allow for the future construction of one single- family residence (SFR) on the lot, with the remaining 3,150 square feet of the commercial property to be utilized for a fully enclosed maintenance and storage building for maintenance purposes in Surfside Colony. He noted that the existing maintenance building is located between the entrance/exit drive on Anderson Street, and the Planning Commission (PC) over the last 6 months approved two separate Variances to allow for new homes to be constructed on that parcel. So the proposal is to move the maintenance building over to the new proposed lot. He stated that the City had prepared a Mitigated Negative Declaration (MND) to evaluate the environmental impact of this proposal, and the review and response to comments have taken place, as required by law. Staff recommends that all four recommendations be approved and forwarded to City Council for their ultimate decision. He then reviewed the recommendations for approval and noted that a motion for each recommendation must be made. He noted that Staff has received no verbal or written comments on this item. Commissioner Questions Commissioner Shanks stated that he is confused about the use of both the Residential High Density (RHD) and Residential Low Density (RLD) classifications within Surfside Colony. Mr. Whittenberg explained that the General Plan designations for RLD/RMD/and RHD are based upon the number of units per acre of land area. Because of the small lot sizes in this area, there is a very high density per acre, but the zoning provisions allow for only one single-family residence (SFR) per lot, which classifies this under a RLD zoning designation. Chairperson Shanks opened the public hearing. Dave Evans stated that Surfside Colony is in favor of this proposal and he is present tonight to respond to any questions from the Commissioners. Commissioner Deaton asked if this application were similar to the other two projects previously approved for Surfside Colony. Mr. Evans confirmed that this was correct. He noted that currently Page 13 of 18 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Surfside has no intent of selling the maintenance building lot or developing or selling the residential lot. Jerry Wallace, 1 Anderson Street, stated that the proposed new maintenance yard would result in creating a trash dump in his back yard. He indicated that he lives in the water tower and has observed that there are serious parking problems in Surfside and there is would be no place for their employees to park. He questioned where the employees for the maintenance yard would park. He noted that trash collected from the beach is stored in the existing maintenance yard and can sometimes reach a height of 6-8 feet, and every two or three days a tractor and large truck with dumpsters come to haul away the trash. He stated that at times when there are delays for cars waiting to enter Surfside Colony, the trucks with the dumpster have to wait on line also, and will sometimes obstruct Mr. Wallace's driveway exit. He said that he has asked that the gate be moved further back onto Surfside's property so that vehicles can get off of Anderson Street when cars are waiting to enter Surfside, but he was told the gate would remain as is. He indicated that although he will be heavily impacted by this proposed project, he has never received notice of the project nor has he seen the plans. He reiterated that parking is already atrocious and adding three more houses will make it worse. He noted that despite what has been reported, the turning radius for fire vehicles is not adequate. Mr. Wallace again stated that if you drive by the maintenance yard this week, you would see trash piled up to 6 feet high. Commissioner Roberts stated that he had driven by and the trash was not 6 feet high, but there is trash there. He asked where this collected trash is to be stored once the new maintenance yard is constructed. Mr. Wallace added that there is a divide among residents of Surfside with regard to which side of the colony the maintenance yard and the trash should be located. Commissioner Shanks noted that two new homes are to be constructed fairly close to the proposed new site for the maintenance yard. Mr. Wallace restated that he would like to know where the employees for the new maintenance yard are to park. Commissioner Roberts requested clarification on this. Mr. Whittenberg stated that the City has no requirements for parking for maintenance buildings. He noted that were it a retail use or office it would require additional parking. Dave Evans stated that in a normal year the budget expense for dumpsters is approximately $1,000. He said that this year close to $7,000 was spent on dumpsters due to the extreme weather conditions this past winter that brought up a lot of trash onto the beach. He noted that recently the tractor went in for service and after approximately one month the mechanics have been unable to determine what the problem is. He said that he ordered a dumpster a few days ago and the trash from the maintenance yard was hand loaded and removed. He noted that the dumpster that is currently sitting on Anderson Street is a city dumpster that will be used for a beach clean up along Sunset Beach. Commissioner Roberts asked about the frequency of the use of the dumpsters. Mr. Evans stated that normally two small dumpsters are periodically loaded and the trash removed from the maintenance yard. He indicated that this year Surfside has had to use the larger dumpsters due to the unusually large amount of trash, and approximately once or twice a year the larger dumpsters are brought in to do a "spring cleaning" type activity within Surfside Colony. Commissioner Roberts asked if the larger Page 14 of 18 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 dumpsters are to be located on the proposed vacant housing site. Mr. Evans confirmed that this lot would be where the larger dumpster would be temporarily located, or they could be located across the street near the fire hydrant for a day or two. Commissioner Roberts then confirmed that the daily collection of refuse from the beach is to be placed into the smaller dumpsters, which would also be located on the proposed vacant housing site. Mr. Evans stated that the original plan was to place these dumpsters inside the enclosed maintenance building, but now the proposed residential lot is to be paved and the enclosed building will be constructed on the maintenance lot. He noted that this is the first year that Surfside has had to use 8-10 dumpsters in one winter, as usually only one large dumpster is filled at the beginning of the summer season. Commissioner Roberts asked if the lot is to be fenced. Mr. Evans stated that the fencing that runs along the length of Surfside along Pacific Coast Highway (PCH) would also be placed around the maintenance yard. Commissioner Deaton confirmed that the smaller dumpsters would be kept inside the enclosed maintenance building. Mr. Evans stated that this is the plan. Commissioner O'Malley asked how many employees there are for the maintenance yard. Mr. Evans stated that there are three employees who currently park in reserved spaces in the parking lot. He noted that the lead maintenance man does temporarily park his truck in the maintenance yard, but the truck is in use throughout the day. Commissioner Roberts inquired about the two handicapped parking spaces shown on the plans. Mr. Whittenberg clarified that there is only one handicapped parking space with the required 5-foot maneuvering area next to that space to allow for the handicapped individual to maneuver in and out of the vehicle. Mr. Evans noted that there is a large area in front of the maintenance building as well as the vacant lot leaving sufficient area for employee parking. Jerry Wallace questioned changing the zoning for the residential use when the lot is not to be sold and is to be paved over rather than used for a residence. He stated that if the property is not to be sold, then the lot should not be split nor the zoning changed to residential. He recommended leaving it as one lot for the maintenance yard use, because in the future, this lot could be sold without any questions asked. He noted that there is a fire lane around all of the proposed new homes and you cannot put a "rolloff" on the street, as you will have garages with people getting in and out of their cars. Commissioner Roberts stated that it was his understanding when approving the Variances for B-1 and 6-2 Surfside, that the cross street was not a fire lane, but the fact that Surfside will have an ingress and egress gate out of the north and south streets would allow fire vehicles to transverse the colony without having to "snake around." Mr. Whittenberg clarified that the change in the Anderson Street gate access to allow both ingress and egress would make it possible for fire vehicles to enter the colony at this existing exit point. He stated that he could not state that the cross street would not be considered a fire lane by the Orange County Fire Authority. He said that from the City's standpoint the large "rolloffs" will probably no longer occur on the private roadways, but this will have to take place at the front entrance to the maintenance area or on the street or on the beach. Page 15 of 18 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 Commissioner Deaton asked Mr. Evans if the lot to be zoned residential is needed to adequately handle the dumpsters and the refuse and for employee parking. Mr. Evans stated that with the manner in which trash is currently being handled, and with the amount of trash gathered this year, Surfside would probably need this area. He noted that if the dumpsters are placed on the street or if compaction or shredding of trash is incorporated, this could provide an alternate solution to disposing of the trash. He clarified that Surfside does want to split the lot and have the residential zoning as they do plan to sell this lot in the future for financing, if needed. There being no one else wishing to speak, Chairperson Shanks closed the public hearing. Commissioner Comments Commissioner Deaton stated that she felt it to be premature to approve the rezoning of a portion of the lot to residential when it is actually being used to help resolve the trash issue. Commissioner Roberts stated that he sees no difference unless City Code prohibits the use of a residential lot for trash collection. Commissioner Deaton countered that if the zoning of the lot is left as is it can be used for the trash, and if changed to residential it can still be used for trash, but Surfside can then sell the lot, and if sold, trash is then to be kept on the one lot for the maintenance yard. Commissioner Roberts stated that this would boil down to how frequently Surfside would require the large dumpsters, as the small dumpsters appear to be adequate and will be kept inside the maintenance building. Commissioner O'Malley stated that as the Director of Development Services had noted, if they use a large dumpster, it would have to be placed out on Anderson Street or on the beach and would not be able to be placed on the lot. Mr. Whittenberg clarified that the residential lot could be used for temporary location of the dumpsters, but would not be something that the City would allow on a continuing basis. Commissioner Deaton confirmed that if the zoning remains C-2, then Surfside could continuously have these dumpsters on the lot. Mr. Whittenberg stated that even in a commercial zone, long-term storage of trash containers on property is not allowed. Commissioner Deaton asked if a condition of approval could be added requiring that the small dumpsters be kept in the enclosed maintenance building. Mr. Whittenberg stated that the City already requires this. Commissioner Deaton then asked what the issue of having piles of trash was all about. Mr. Whittenberg stated that currently Surfside does not have an enclosed area to store all of the debris that washed up on the beach this winter, and the proposal is to place small dumpsters inside an enclosed building to handle the normal load of annual debris, which would be of benefit to' both Surfside Colony and the surrounding neighbors. He indicated that what must be understood is that there may be extraordinary circumstances where a large dumpster may be needed, and may be Page 16 of 18 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 parked temporarily on the vacant residential lot. He explained that were a house to be constructed on this lot, then the larger dumpsters would probably be parked short-term along Anderson Street or on the beach while trash is being collected and loaded into the dumpsters. Commissioner Shanks stated that he had no concerns about making a recommendation to City Council to approve the proposals for rezoning. MOTION by Deaton; SECOND by Roberts to approve Resolution 05-23 as presented recommending approval to the City Council of Mitigated Negative Declaration 05-2. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None MOTION by Ladner; SECOND by Deaton to approve Resolution 05-24 as presented recommending approval to the City Council of General Plan Amendment 05-1. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None MOTION by Deaton; SECOND by Ladner to approve Resolution 05-25 as presented recommending approval to the City Council of Zone Change 05-1. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None MOTION by Deaton; SECOND by Ladner to approve Resolution 05-38 as presented recommending approval to the City Council of Tentative Parcel Map 2004-106. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None Mr. Whittenberg indicated that the above actions are all recommendations to the City Council and are not final actions; therefore, there is no appeal period. He stated that in the near future notice of the public hearing meeting time and date before City Council are to be circulated to all property owners and occupants within 300 feet of the property. Page 17 of 18 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 25 26 27 28 29 30 31 32 . City of Seal Beach Planning Commission Meeting Minutes of July 20, 2005 STAFF CONCERNS None. COMMISSION CONCERNS None. ADJOURNMENT Mr. Whittenberg noted that due to vacations schedules for some of the Planning Commissioners the meeting of August 3, 2005 is cancelled, as there would not be a quorum present. Chairperson Shanks adjourned the meeting at 10:00 p.m. to the Planning Commission meeting of August 17,2005. Respectfully Submitted, ~~r-.. ~~ Carmen Alvarez, Executive Secret~ry Planning Department APPROVAL The Commission on August 17, 2005, approv~~ the Minutes of the Planning Commission Meeting of Wednesday, July 20, 2005. ~. Page 18 of 18