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HomeMy WebLinkAboutPC Min 1996-11-06 '. ., '. . . ""f CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for NOVEMBER 6 , 1996 7:30 P.M. · City Council Chamhers 211 Eighth Street, Seal Beach, CA Next Resolution: #96-38 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA AFPROV AL By Motion of the Planning Commission, this is the time to: (a) (b) (c) Notify the public of any changes to the agenda; Rearrange the order of the agenda; and/or Provide an opportunity fo~ any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that NO action or discussion may be undertaken by the Planning Commission unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff or the public requests that a specific item be removed from Consent Calendar for separate action. 1. Approve Planning Commission Minutes of October 23, 1996. ,.. CIlJ eI a.I .... ........ -II till "-- Willa o...J,... All ellWO If,...... _11_ ,.. MI_ .... ........ r'- ...~..._ I>> ('I)' n.l . Off,. III I... .. ....... ," ...... ~ rho. ..... Tn',s uja.s -the.. 0 f'\l;t YlOu e.Y"'^bet'" f"nee:hn6 ~ '. Pace 3. Clt)' or Seal Beacb I'IaDwDII CommlssloD ~clldu rur Nuvcmh.r 6. 1\1\16 VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT . . ,.. CIlJ"'" ...... ~- _I. ,.. -- WII. ~d.I"" '" 1M If,..... ___ 10....., ,... ...... rI- ......._ tt. ('IJ n.~ ,Off.. II ..... el Ilo-. ,...._ ~ ,... ........ . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES for NOVEMBER 6 , 1996 The regularly scheduled Planning Commission meeting began at 7:30 p.m. in City Council Chambers with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Sharp, Law, Hood Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Absent: Commissioner Yost Joan Fillmann, Executive Secretary Mr. Curtis informed the Commission Commissioner Yost phoned the Planning Department to say he may be late or absent from this meeting due to a professional commitment. AGENDA APPROVAL The Director indicated Item #5, ZT A 98-6 regarding the Seal Beach Trailer Park, will be continued to December 4, 1996. Staff was unable to obtain the necessary research. Staff recommended no testimony be taken this evening. 1 ORALCOMMUNlCATIONS A member of the audience had a question regarding their tax bill and Mello Roos assessments in the City of Seal Beach. Director Whittenberg asked the individual to photocopy their tax bill and let him see it. Two years ago the School District adopted a district-wide Mello Roos district for school improvements. He said staff would verifY this with their bill. With no one wishing to speak further, the Chair closed Oral Communications. CONSENT CALENDAR The Chair indicated he would be abstaining from voting on the Planning Commission Minutes of October 23, 1996. 1 No motion was made to approve the Agenda. . . . Page 2 - City of Seal Beach Planning Commission Minutes of NOVE'rnbE'C 6, 19% MOTION by S harp; SECOND by Hood to approve the Consent Calendar as presented: 1. Approve Planning Commission Minutes of October 23, 1996. MOTION CARRIED: AYES: NOES: ABSTAIN: ABSENT: 3-1-1 Sharp, Law, Hood Brown Yost SCHEDULED MATTERS 2. Approve Resolution No. 96-37 for Conditional Use Permit 96-2 12241 Seal Beach Blvd., Parasol Restaurant Allowing the Service of Beer and Wine in an Outdoor Patio. MOTION by Hood; SECOND Sharp to approve Resolution No. 96-37 as presented. MOTION CARRIED: AYES: NOES: ABSTAIN: ABSENT: 3-1-1 Sharp, Law, Hood Brown Yost Mr. Steele advised the Planning Commission's action is final tonight and the ten calendar-day appeal period to the City Council begins tomorrow. 3. Request for Planning Commission Determination of Proper Zoning for the Fitness Zone, a Personal Training Facility in the L-C Zone. Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for reference]. Mr. Curtis explained that no zone, including the L-C zone, permits personal trainers or gymnasiums. The applicant wants to open at 6:00 a.m. which is not allowed by right in the L-C zone. Commission Ouestions on Staff Report Commissioner Sharp asked if a legal Notice had been mailed to the neighborhood? Me CUltis said no, it's not required. . . . Page 3 - City of Seal Beach Planning Conunlssion MinutE's of NovemlJer 6, 19q6 Chairman Brown asked if a Planning Commission determination would run with the land and not with the business? Mr. Curtis explained a Planning Commission detennination would have the effect of saying a personal training facility would be an appropriate use on all properties in an L-C zone. Chairman Brown expressed his concern that a personal training facility could become a gymnasium or a health club, with resulting traffic impacts on the surrounding neighbors, and the City would have little or no enforcement in place. He asked what mechanism could be put in place to stop a gym or health club? Mr. Curtis said once a personal training facility was found to be a gymnasium, staff would begin the process to revoke their City business license and begin a Code enforcement to take them out of the zone as they would be an improper use. The Chair asked if a health club would be classified as a gymnasium? Mr. Curtis said yes, adding a gymnasium is only allowed in the C-2 zone. He urged the Commission to take a closer look and address this issue more carefully. He noted there is no parking lot between this facility and the neighboring houses. Mr. Curtis said that was correct, it's a new residential development with a zero lot line and a cinder block wall. The adjacent house has recessed windows in the stairway. The remainder of the house has no windows on that side. Mr. Curtis noted the size of this suite is smaller than a gymnasium or health club and su~ested the Commission could limit the size/square footage of a personal training facility to achieve what they wanted. Commissioner Sharp felt 1700 square feet is very small for a health club. Chairman Brown asked the applicant how much room training equipment would take up? The applicant said the size of the suite would prevent selling memberships. Not more than three to four persons could work out comfortably at one time. The applicant proffered his list of approximately 19 _ 20 pieces of equipment. Chairman Brown said he wanted to study the issue more, perhaps having staff return with a clarified definition of personal training facility and perhaps having a ZT A to amend the municipal Code. Mr. Whittenberg said that process could most likely be scheduled by December 4 or early January. Commissioner Sharp said the exercise room at Leisure World is slightly larger than 1700 square feet and it can only hold six or seven persons. He indicated this application was not radical and most likely would not present problems. He added this applicant could always be called ba~k before the Commission if the business caused problems. He was against a ZT A. Chairman Brown, agreeing a ZT A might not be appropriate, still had hesitations. He felt twenty pieces of equipment was substantial and he could imagine twenty people in the suite, each person using one piece of equipment. He had concerns on traffic that would be generated. The applicant said health clubs operate on a different basis. They sell hundreds of memberships and expect only a few people actually show up. His business schedules appointments so that no more than three people will show up at anyone time. The clients are usually women age 25 to 55 who work out with a personal training. It would cost approximately $40 per hour. . . . Page 4 - City of Seal Beach Planning Comrnisslon Mlnutes of November 6, 19% Commissioner Sharp asked Mr. Steele if he had comments on this issue? Mr. Steele said the Commission is being asked to make a finding on a very specific use. The municipal Code contains an existing 3000 square foot floor space limitation --- so there is a limit on size in the L-C zone. Staff suggests the Commission could make a finding of consistency with regard to this application. If the Commission desires, the ZT A process could be started to make this a permitted use under the limitations proposed tonight. That would not delay this applicant. Commissioner Hood said he favored approving this application with strict stipulations. Chairman Brown said a personal training facility can exist within a Limited Commercial zone but only if the Commission sees a distinction between that and a gymnasium. Mr. Steele suggested the Commission could say a personal training facility, no greai&:,. than 1700 square feet, which schedules appointments for no more than three or four persons at one time is appropriate is consistent with permitted uses. Chairman Brown, noting a Code enforcement action would be necessary if anything should go wrong, said he was not wild about this idea. But, he was also not content with a ZT A. MOTION by Hood; SECOND by Sharp to approve a personal training facility at 1600 Pacific Coast Highway, Seal Beach. This facility would have a maximum size of 1700 square foot, no more than twenty (20) pieces of training equipment and an anticipated individual workout schedule which is more consistent with a dance studio than with a gymnasium or health club is consistent with the L-C zone. MOTION CARRIED: AYES: NOES: ABSTAIN: ABSENT: 4-0-1 Sharp, Law, Hood, Brown Yost Staffwill bring a Resolution back at the next meeting. The applicant asked about his opening hours. Mr. Whittenberg said this approval would allow him to open his business at 7:00 a.m. until such time as a Conditional Use Permit (CUP) is applied for and obtained to open at an earlier hour. PUBLIC HEARINGS 7. Conditional Use Pel.mit 94-4 Address: 770 Pacific Coast Highway Business: Burger King Applicant: Leroy Stone Property Owner: Leroy Stone . . . Page 5 - City of Seal Beach Planning Commission Minutes of November 6, 1996 Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for reference]. The applicant sought Commission approval for a twelve (12) months extension for the drive-through restaurant. a children's table to seat ten (10) children and the addition of a Condition of Approval regarding the catalytic emissions scrubber. Commission Comments on Staff Report There were no questions or comments on the staff report. Public Hearing The Chair opened the Public Hearing. The applicant was present but did not wish to address the Commission. There were no persons wishing to speak in favor of the application. The following persons spoke in opposition to the application: James Cook * 330 8th Street. Seal Beach Mr. Cook said the Notice he received indicated this review was for an indefinite extension. Mr. Curtis explained the initial notice did indicate this Public Hearing was to consider an indefinite extension but that was incorrect. A second Notice was mailed the next day and it indicated the Public Hearing was to consider a twelve months extension. Mr. Cook said he would like to see this CUP reviewed every twelve months to create fl ~hecks-and- balances situation. He felt they've been a good neighbor because they know they have to a)Jpear before this Commission. Commissioner Sharp advised Mr. Cook that if there is a violation of a CUP's Conditions of Approval any applicant can be brought before the Commission at any time. He noted it is expensive for both an applicant and the City to review a use every twelve months. Mr. Cook indicated the City is ineffective with Code enforcement's, noting for example Jack-in-the- Box. He noted City staff is only available during the daytime but the problems occur at night. The City's Police Department has no enforcement mechanism where they can cite these businesses. Mr. Curtis explained there is no CUP on Jack-in-the-Box and that is why the City has had problems gaining compliance to Codes. Mr. Cook said the City Attorney's Office should review the municipal Code which requires a CUP for a walk up-take out restaurant because the drive-through restaurant is the modem day walk up-take out restaurant. He would like to see a mechanism set in place to allow the Police Departrr ~llt to cite a business after hours when no Code enforcement personnel are working. Regarding parking, he felt restrictions could be placed on 8th Street and 10th Street for one or two hours. It would keep employees from parking there for an eight hour shift. . . . Page 6 - City of Seal Beach Planning Commission Minutes of Novemuer 6, 1996 Linda Kruger * 332 8th Street Ms. Kruger said she did not receive any of the Notices about the Burger King hearing!':. Mr. Curtis said both residents and property owners were notified of this hearing. He said he would check the Notice list and map to see why she did not receive a Notice. There were no persons wishing to speak further and the Chair closed the Public Hearing. Commission Comments Commissioner Sharp said he had no objection to the twelve months extension. He noted the Commission could not do much about the on-street parking situation, that would have to be done by the Police Department and/or City Council. Chairman Brown said in twelve months the Commission will hear the applicant's application for an indefinite extension. As for the after-hours problems, citizens should call the Police Department. Mr. Whittenberg said that many times the Police Department is not aware of the Condition!l ')f Approval which apply to a business. They then contact the Planning Department and if a secomi ,~omplaint is received that's when action is usually taken. Staffwill work with the Police Department to make them aware of those businesses which have certain conditions. The Police could then have a tickler file on those establishments. The Chair said residents could note violations and report those to the Planning Department the next day. The Commission would like to see letters to this effect also. Regarding on-street parking, there's an on-going evaluation being done by the City Engineer's Office but that's not a matter which would come before the Planning Commission. The Chair congratulated the applicant on the lack of citizens making complaints about this restaurant. He seems to have worked at resolving any problems. MOTION by Hood; SECOND by Law to approve Resolution No. 96~ w~ a change to Condition #25, to reflect a twelve months extension at this Iloint with a future ap,",lication at that point for an indefinite extension. MOTION CARRIED: AYES: NOES: ABSTAIN: ABSENT: 4-0-1 Sharp, Law, Hood, Brown Yost STAFF CONCERNS Hellman Ranch Application The Direct~r indicated the Planning Department has received a partial application for development on . Page 1 - City of Seal Beach Planning Commission Minutes of November 6, 19q6 the Hellman Ranch. Not all of the supporting technical documentation has been received yet. As proposed, the application entails an 18 hole golf course, 30 acres of restored wetlands. 15,000 square feet of commercial development at First Street and Pacific Coast Highway and approximately seventy (70) single family homes along Seal Beach Boulevard. Once the application is complete and the City has retained an EIR, Fiscal and Archaeological consultants, those three firms will assist in preparing the necessary ErR. That will go thru a public hearing comment period and EQCB hearings. Once EQCB is finished, the application and EIR will come to the Planning Commission for public hearings~ that should be seven to nine months from now. COMMISSION CONCERNS EV Connection Commissioner Law asked about the 3/411 electrical connection for an EV box, is that in tile alley? Mr. Whittenberg said no, that particular box is for connections for cellular telephone service. Staff is talking about a connection at the interior of a garage for a person to charge an electrical vehicle. Seal Way Homeowners Meeting Chairman Brown said there will be a meeting of the Seal Way Homeowners Association, November 7, 1996 at 7:00 p.m. Among the issues to be discussed is sand replenishment. ADJOURNMENT . The Chair adjourned the meeting at 8:20 p.m. Respectfully Submitted: ~o.n ~..,.'"' Jo ftllmann Executive Secretary Department of Development Services2 APPROVAL: The Planning Commission Minutes of November 6. 1996 were approved by the Planning Commission 'on 'Dee. li~ 1996._ . 2 These Minutes were transcribed from an audio tape made at the meeting.