HomeMy WebLinkAboutPC Min 2008-09-17City of Seal Beach Planning Commission
Agenda for September 17, 2008
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
AGENDA APPROVAL
III.
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
ORAL COMMUNICATIONS
IV.
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
CONSENT CALENDAR
V.
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. August 2008 Building Activity Report.
2. Approve Planning Commission Meeting Minutes of September 3, 2008.
3. RECEIVE AND FILE: Various Articles of Interest
“What Proposition 99 Means for California’s Cities”
“Greener Building Help Reduce Greenhouse Gas Emissions”
“Involving the Public in City Planning”
“The Public Engagement Toolbox”
“Community Visioning Helps Guide City Plans”
4. RECEIVE AND FILE: Various Documents Re: Climate Change
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City of Seal Beach Planning Commission • Agenda of September 17, 2008
“Policy Guide on Planning and Climate Change”
“Climate Change Litigation and Policy – A Rapidly Shifting Landscape”
“A Friend of the Court – Massachusetts v. EPA”
“Memo – AB 32 Scoping Plan”
SCHEDULED MATTERS
VI.
PUBLIC HEARING
VII.
5. Conditional Use Permit 08-8
13960 Seal Beach Boulevard (Seal Beach Village Center)
Applicant/Owner: Seal Beach Village, L.P & Therese Hotvedt / Burnham
USA
Request: To host a Certified Farmers Market from 9:00 a.m. to
2:00 p.m., one day a week, within the parking lot area
of the Seal Beach Village Shopping Center.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-23.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To meeting of October 8, 2008, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of September 17, 2008
2008 Agenda Forecast
Oct 08
CUP 07-5 (Indef. Extension) - 1000 Pacific Coast Hwy. (Automotive Excellence)
CUP 05-13 (Indef. Extension) - 981 Pacific Coast Hwy. (Daily Grind)
Oct 22
Nov 05
Nov 19
Dec 03
Dec 17
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CITY OF SEAL BEACH
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PLANNING COMMISSION
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Minutes of September 17, 2008
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7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, September 17, 2008. The meeting
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9 was held in the City Council Chambers and began with the Salute to the Flag.
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ROLL CALL
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13 Present: Chairperson Deaton, Commissioners Bello, DeLay, and Eagar.
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15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
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21 Absent: Commissioner Massa-Lavitt
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23 Mr. Whittenberg noted for the record that Commissioner Massa-Lavitt had reported that
24 she would not be present at tonight’s meeting. He requested a motion to excuse her
25 absence.
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27 MOTION by Delay; SECOND by Eagar to excuse Commissioner Massa-Lavitt from the
28 Planning Commission meeting of September 17, 2008.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, DeLay, and Eagar
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NOES: None
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ABSENT: Massa-Lavitt
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AGENDA APPROVAL
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37 Chairperson Deaton requested that the meeting minutes of September 3, 2008 be
38 removed from the Consent Calendar.
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40 MOTION by Bello; SECOND by Eagar to approve the Agenda as amended.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, DeLay, and Eagar
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NOES: None
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These Minutes were transcribed from audiotape of the meeting.
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ABSENT: Massa-Lavitt
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ORAL COMMUNICATIONS
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5 Chairperson Deaton opened oral communications.
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7 Seth Eaker spoke regarding complaints about noise from the Main Street Cyclery
8 located at 317 Main Street. He noted that he is the operations manager for this
9 business and has provided a detailed timeline for the Commissioners showing the
10 events that have led to the need to speak on this matter tonight.
(Letter is on file for
11 He proceeded by stating that the continued
inspection in the Planning Department.)
12 complaints and “harassment” from neighboring residents regarding noise are making it
13 difficult to conduct the daily operation of Main Street Cyclery. Mr. Whittenberg noted
14 that this is a Code Enforcement issue, which the Planning Commission (PC) has no
15 authority to enforce. He stated that Staff and the City Attorney are conducting an
16 ongoing investigation and will respond appropriately once the investigation is complete.
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18 Cameron Bodego, mechanic at Main Street Cyclery, stated that he has cut the amount
19 of noise generated in half and has been operating with minimal noise and doing most of
20 the work inside the building. He noted that the harassment created by the complaints
21 and verbal harassment has created a lot of stress for him and is affecting his attitude
22 about his job.
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24 There being no one else wishing to speak, Chairperson Deaton closed oral
25 communications.
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CONSENT CALENDAR
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29 1. August 2008 Building Activity Report.
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31 3. RECEIVE AND FILE: Various Articles of Interest
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33 “What Proposition 99 Means for California’s Cities”
34 “Greener Building Help Reduce Greenhouse Gas Emissions”
35 “Involving the Public in City Planning”
36 “The Public Engagement Toolbox”
37 “Community Visioning Helps Guide City Plans”
38
39 4. RECEIVE AND FILE: Various Documents Re: Climate Change
40 “Policy Guide on Planning and Climate Change”
41 “Climate Change Litigation and Policy – A Rapidly Shifting Landscape”
42 “A Friend of the Court – Massachusetts v. EPA”
43 “Memo – AB 32 Scoping Plan”
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45 MOTION by Eagar; SECOND by Bello to approve the Consent Calendar as amended.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, DeLay, and Eagar
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NOES: None
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ABSENT: Massa-Lavitt
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6 2. Approve Planning Commission Meeting Minutes of September 3, 2008.
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8 Chairperson Deaton stated that she would abstain from voting on this item, as she was
9 not present at the meeting of September 3, 2008. She also noted that on Page 2, Line
10 5 the spelling of Mr. Eaker’s last name should be corrected.
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12 MOTION by Bello; SECOND by DeLay to approve the meeting minutes of September 3,
13 2008, as amended.
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MOTION CARRIED: 3 – 0 – 1 – 1
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AYES: Bello, DeLay, and Eagar
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NOES: None
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ABSENT: Massa-Lavitt
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ABSTAIN: Deaton
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SCHEDULED MATTERS
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23 None.
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PUBLIC HEARINGS
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27 2. Conditional Use Permit 08-8
28 13960 Seal Beach Boulevard (Seal Beach Village Center)
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30 Applicant/Owner: Seal Beach Village, L.P & Therese Hotvedt / Burnham USA
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32 Request: To host a Certified Farmers Market from 9:00 a.m. to 2:00
33 p.m., one day a week, within the parking lot area of the Seal
34 Beach Village Shopping Center.
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36 Recommendation: Approval, subject to conditions, and adoption of Resolution
37 08-23.
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39 Staff Report
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41 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
42 He provided some background information on this item and noted
Department.)
43 corrections to Page 2 of the Staff Report as follows:
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1 1. Total square footage of the proposed area for the farmers market should be
2 approximately 18,500 sq. ft. The Phase 1 area should reflect 10,000 sq. ft. and the
3 Phase 2 area measures 8,500 sq. ft.
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5 2. The parking demand should reflect 355 spaces with the parking count corrected to
6 reflect 368 parking spaces provided rather than 341, as shown on Page 3 of the
7 Staff Report. This would create a surplus of 13 parking spaces.
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9 Chairperson Deaton confirmed that the site map does correctly reflect these
10 dimensions. Mr. Olivera confirmed that it does.
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12 Mr. Olivera continued by noting that after the closing of the Seal Beach Market at the
13 end of last year, the property owners approached the City regarding establishing a
14 weekly farmers market to provide fresh produce for the residents of Leisure World (LW)
15 and the Seal Beach community in general. Staff supports the idea and realizes the
16 potential for impacts within the shopping center parking lot, but these impacts would be
17 limited to a portion of one day per week. Staff believes the proposed Conditional Use
18 Permit (CUP) is adequately conditioned to address any impacts that may arise. Mr.
19 Olivera noted that to help address concerns over potential impacts once the proposed
20 Longs Drug Store opens, Staff is recommending a 6-month review of this CUP. He then
21 indicated that Staff has received no comments related to the public hearing notices on
22 this item.
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24 Mr. Whittenberg indicated that Staff did receive a letter today from the Seal Beach
25 Chamber of Commerce speaking in support of this application. He noted that a copy
26 was provided to the Commissioners.
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28 Commissioner Questions
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30 Chairperson Deaton asked if Conditional Use Permit (CUP) 08-8 is for both Phase 1
31 and 2. Mr. Olivera stated that it is for both phases. He said he would have no
32 reservations with the approval of Phase 1, and the expansion into Phase 2 could be
33 open for discussion. Chairperson Deaton referred to Page 5, Condition No. 1 of the
34 Staff Report and stated that she would like to see more specific time frames for set up
35 and clean up before and after the farmers market. She then referred to Condition No. 5
36 and asked who would determine when to schedule refuse pick-up. Mr. Olivera stated
37 that this could be a PC determination or could be a property management decision.
38 Chairperson Deaton then noted Condition 9 on Page 2 and stated that she would like to
39 see more definition on this condition.
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41 Commissioner Bello asked if the parking analysis were still correct. Mr. Olivera stated
42 that the parking number that would be eliminated under the individual phases is correct,
43 and the incorrect part of the Staff Report had to do with total parking available.
44 Chairperson Deaton asked if the parking number includes vendor vehicles. Mr. Olivera
45 stated that this would be dependent upon whether individual vendors park their vehicles
46 within the Phase 1 area for the sale of goods. He noted that vendor stalls would be
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1 restricted to the Phase 1 area, but vendor vehicles could be parked in the general
2 customer parking areas.
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4 Public Hearing
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6 Chairperson Deaton opened the public hearing.
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8 Tara ________, of Burnham USA, introduced Joe Honescko, the farmers market
9 operator. Tara reiterated that this proposal is presented as a result of the closing of the
10 Seal Beach Market and to make fresh produce available to residents of LW. Mr.
11 Honescko stated that he operates farmers markets in various communities within
12 Southern California. He explained that the official hours of operation would be from
13 9:00 a.m. to 1:00 p.m., with farmers arriving as early as 7:00 a.m. and they would be
14 required to be set up and in place by 8:30 a.m. He noted that the vendor area would be
15 cleaned and cleared no later than 1:30 p.m. With regard to trash there will be two
16 containers available and vendors are required to clean up and remove everything they
17 bring with them for disposal off site. He noted that he will be on site and is the last one
18 to leave at the end of the each event. With regard to vendor vehicles, he stated that this
19 market will sell produce and food products only and all vendors will park their vehicles at
20 their sale stall sites within the Phase 1 area. He explained that space used by a vendor
21 will vary based on the variety of product they have for sale. Mr. Honescko then
22 described the ingress/egress for vendor vehicles. He indicated that this is to be a “true
23 farmers market” designed to not invite patrons to linger but to make their purchases and
24 depart. Commissioner Eagar asked what the anticipated number of patrons would be.
25 Mr. Honescko approximated 1,200-1,500 people. Commissioner Eagar asked Tara if
26 there would be adequate parking throughout the day for this number of people. Tara
27 stated that Burnham feels parking will be adequate for this once-a-week event, but they
28 are open to the 6-month review period to verify that this is the case. Commissioner
29 Eagar asked if existing tenants have been notified of the intent to conduct the farmers
30 market. Tara stated that they have been advised. Chairperson Deaton asked what
31 Burnham anticipates when Longs Drugs opens for business. Tara stated that they do
32 not expect this to be a problem, as that parking area is usually underutilized. She noted
33 that the farmers market is to take place during the morning hours, which is the quieter
34 time for this center, as many of the stores do not open until after 10:00 a.m.
35 Commissioner Eagar asked if Longs Drugs is aware that the farmers market is to be
36 held one day a week. Tara stated that she was not certain of this, but Burnham would
37 contact Longs regarding this. Mr. Honescko explained that a Certified Farmers Market
38 (CFM) is certified by the Orange County Department of Agriculture (DOA), and each
39 farmer must have his or her farm inspected by the DOA for certification to ensure that
40 everything is grown within the established regulations. Commissioner DeLay asked
41 where the vendors come from. Mr. Honescko stated that he has vendors that come
42 from Fresno, San Diego, Escondido, Corona, and other areas within Southern
43 California.
44
45 Seth Eaker spoke in support of CUP 08-8 and recommended approval.
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1 There being no one else wishing to speak, Chairperson Deaton closed the public
2 hearing.
3
4 Commissioner Comments
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6 Both Commissioners DeLay and Bello stated that this would be a great idea for Seal
7 Beach.
8
9 Chairperson Deaton agreed. She then requested that the Conditions of Approval
10 include a review one month after the opening of Longs Drugs. Commissioner Eagar
11 stated that it might be beneficial to set an alternate date for this review or impose a
12 12-month review. Mr. Whittenberg suggested that the PC condition a review to take
13 place one month after “the drug store” opens or one year, whichever comes first.
14 Commissioner Eagar stated that a 6-month review could be completed, and another
15 done one month after “the drug store” opens, whenever that might be. Mr. Whittenberg
16 agreed that Staff could prepare a report to the PC after the farmers market is in
17 operation for 6 months and, if based upon this report, the PC feels the need to schedule
18 a hearing, Staff could arrange to do so. He recommended that the CUP still be
19 conditioned for review one month after “the drug store” opens or one year, whichever
20 comes first. Chairperson Deaton was in agreement. Mr. Flower stated that it would be
21 best for Staff to return with a revised resolution to include these conditions as well as to
22 make the corrections to the square footage noted by Mr. Olivera.
23
24 Chairperson Deaton then clarified that the revisions to the conditions would include the
25 following:
26
27 1. Condition No. 15 to reflect a review to be conducted one month after “the drug store”
28 opens or after one year, whichever comes first.
29 2. Condition No. 1 is to read: “Conditional Use Permit 08-8 is approved for the
30 establishment of a Certified Farmers Market from 7:00 a.m. to 2:00 p.m. one
31 weekday per week, to include set up and clean up.”
32 3. Delete the words “reasonable time” from Condition No. 1.
33 4. After talking with the market operator, Chairperson Deaton is “very comfortable” with
34 leaving Condition No. 5 as is.
35 5. Add a condition to state: “The market operator or his representative is to be on site
36 at all times during operation of the farmers market.”
37 6. Condition No. 9 to remain as is.
38 7. Conditional Use Permit 08-8 is to pertain only to Phase 1. If there are no problems,
39 a separate CUP would be approved for Phase 2.
40
41 Commissioner Eagar asked if returning with these revisions would delay the opening of
42 the farmers market. Mr. Whittenberg explained that a 10-day appeal period must be
43 allowed after adoption of Resolution 08-23. He suggested scheduling an adjourned
44 meeting for Wednesday, October 1, 2008, at 7:30 p.m. to adopt the revised resolution in
45 order to prevent further delay for the opening.
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City of Seal Beach Planning Commission
Meeting Minutes of September 17, 2008
Mr. Whittenberg then reviewed the above discussion and again stated that Staff would
return with the revised resolution for adoption on October 1, 2008.
MOTION by Bello; SECOND by Eagar to direct Staff to return with revised Resolution
08-23 for adoption at the adjourned meeting of October 1, 2008.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Delay, and Eagar
None
Massa-lavitt
STAFF CONCERNS
Mr. Whittenberg noted that tonight's meeting could be adjourned to a different time on
October 1, 2008, should the Commission choose to meet at an earlier time on that date.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:23 p.m. to the adjourned meeting of
Wednesday, October 1, 2008, at 7:30 p.m.
Respectfully Submitted,
~.-r-A \.. f\.... _ \. f\. ro.' ().. ~ J\.~
Carmen Alvarez, Executive Secr~ry
Planning Department
APPROVAL
The Commission on October 8, 2008 approved the Minutes of the Planning Commission
Meeting of Wednesday, September 17, 2008. ~.
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