HomeMy WebLinkAboutPC Min 2009-05-06City of Seal Beach Planning Commission
Agenda for May 6, 2009
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. Building Activity Report – March 2009
2. Receive and File: Various American Planning Association (APA) Documents.
3. Receive and File: Foreclosures: Presentation and Associated Materials
4. Receive and File: “Orange County 2009 Community Indicators” Report and
Orange County Business Council Information.
®
5. Receive and File: Presentation Materials Re: LEEDFor Neighborhood
Development – A Smart Growth Tool.
6. Receive and File: Form Based Codes: Presentation Materials
1
City of Seal Beach Planning Commission • Agenda of May 6, 2009
SCHEDULED MATTERS
VI.
7. Approve Planning Commission Meeting Minutes of April 8, 2009.
PUBLIC HEARING
VII.
8. Conditional Use Permit 09-5
4000 Lampson Avenue (Chevron)
Continued to May 20, 2009
Applicant/Owner: Bhupinder S. Mac
Request: To convert existing service bays within a service station
to retail space, and to allow a Type 20 ABC License
(off-sale beer and wine) for the existing convenience
store within the General Commercial (C-2) Zone.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-19.
9. Conditional Use Permit 09-6
2365 Seal Beach Blvd., Ste. 107 (Subway Restaurant)
Applicant/Owner: Ramsey Asfour & Garo Kazezian / Seal Beach, LLC
Request: To provide outdoor seating in conjunction with an
existing restaurant within the Boeing Integrated
Defense Systems (BIDS) Specific Plan Zone. Applicant
is proposing to add four 4-seat tables along the exterior
walkways.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-20.
10. Conditional Use Permit 09-4
148-E Main Street (Beach Fitness)
Applicant/Owner: Bryce Turner & Barbara Bartee / LST Investments
Request: Modification of the existing Conditional Use Permit for
an expansion of an existing business into an adjacent
lease space (148-E).
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-18.
2
City of Seal Beach Planning Commission • Agenda of May 6, 2009
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
Adjourned to next scheduled meeting of May 20, 2009, at 7:30 P.M.
3
City of Seal Beach Planning Commission • Agenda of May 6, 2009
2009 Agenda Forecast
May 20
Conditional Use Permit 09-7 - 3001 Old Ranch Pkwy (Kobe Steak)
Conditional Use Permit 09-8 - 136-136 ½ Main St (Pho Basil Leaf)
th
Height Variation 09-3 - 124 – 10 Street
th
Height Variation 09-4 - 126 – 10 Street
th
Height Variation 09-5 - 202 – 10 Street
th
Height Variation 09-6 - 204 – 10 Street
Jun 03
Conditional Use Permit 09-9 - 12300 Seal Beach Blvd (Target)
Jun 17
Jul 08
Jul 22
Aug 05
Aug 19
Sep 09
Sep 23
Oct 07
Oct 21
Nov 04
Nov 18
Dec 09
Dec 23
4
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of May 6, 2009
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, May 6, 2009. The meeting was held
1
9 in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Bello and Larson.
14
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
20
21 Absent: Commissioners Eagar and Massa-Lavitt
22
23 Mr. Whittenberg indicated that Commissioner Eager had reported that he would not be
24 in attendance tonight and requested a motion to excuse his absence.
25
26 MOTION by Bello; SECOND by Larson to excuse Commissioner Eagar from the
27 Planning Commission meeting of May 6, 2009.
28
MOTION CARRIED: 3 – 0 – 2
29
AYES: Deaton, Bello, and Larson
30
NOES: None
31
ABSENT: Eagar and Massa-Lavitt
32
33
34 Mr. Whittenberg stated that he had not heard from Commissioner Massa-Lavitt and
35 suggested waiting to see if she would arrive later.
36
37 He then announced that Staff was informed on Monday of the passing of former
38 Planning Commissioner and Chairperson James Sharp at the age of 95. He indicated
39 that Mr. Sharp was probably the longest serving Planning Commissioner in the history
40 of Seal Beach, serving for a total of 16 years. He noted that during his time on the
41 Planning Commission (PC) Mr. Sharp dealt with many of the most controversial projects
42 in the City including:
43
1
These Minutes were transcribed from audiotape of the meeting.
1 of 12
1 1. The MOLA Development proposals on the Hellman Ranch, which was a huge
2 issue.
3 2. Bixby Ranch Development (Old Town Center)
4 3. Development proposals for the Boeing Specific Plan (Pacific Gateway Business
5 Park)
6 4. Rossmoor Shopping Center Redevelopment (Shops at Rossmoor)
7
8 He continued by stating that in addition to these major projects, Mr. Sharp had also
9 participated in hundreds of hearings related to Conditional Use Permits, Height
10 Variations, Variances, and Minor Plan Reviews. He extended condolences to Mrs.
11 Sharp and the family and spoke of Mr. Sharp’s natural grace and calming influence
12 during sometimes heated discussions. He added that Mrs. Sharp had also served on
13 the City Council for 8 years and Staff wished to recognize Mr. & Mrs. Sharp for their
14 service to the City of Seal Beach.
15
AGENDA APPROVAL
16
17
18 Mr. Olivera noted that Item No. 8, Conditional Use Permit 09-5 would be continued to
19 the meeting of May 20, 2009, as Staff has outstanding issues with the Site Plan as
20 submitted. Chairperson Deaton stated that she would proceed to open the public
21 hearing tonight, should there be members of the public present wishing to speak on this
22 item, and would then continue this hearing to the meeting of May 20, 2009.
23
24 MOTION by Bello; SECOND by Larson to approve the Agenda as presented.
25
MOTION CARRIED: 3 – 0 – 2
26
AYES: Deaton, Bello, and Larson
27
NOES: None
28
ABSENT: Eagar and Massa-Lavitt
29
30
ORAL COMMUNICATIONS
31
32
33 Chairperson Deaton opened oral communications.
34
35 Mike Bubbe expressed his disagreement with the decision to post the words “In God
36 We Trust,” on the wall behind the dais in Council Chambers.
37
38 There being no one else wishing to speak, Chairperson Deaton closed oral
39 communications.
40
CONSENT CALENDAR
41
42
43 1. Building Activity Report – March 2009
44
45 2. Receive and File: Various American Planning Association (APA) Documents.
46
2 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 3. Receive and File: Foreclosures: Presentation and Associated Materials
2
3 4. Receive and File: “Orange County 2009 Community Indicators” Report and
4 Orange County Business Council Information.
5
®
6 5. Receive and File: Presentation Materials Re: LEEDFor Neighborhood
7 Development – A Smart Growth Tool.
8
9 6. Receive and File: Form Based Codes: Presentation Materials
10
11 7. Receive and File: Orange County Business Council Information
12
13 8. Receive and File: Various Articles of Interest
14
15 MOTION by Bello; SECOND by Larson to approve the Consent Calendar as presented.
16
MOTION CARRIED: 3 – 0 – 2
17
AYES: Deaton, Bello, and Larson
18
NOES: None
19
ABSENT: Eagar and Massa-Lavitt
20
21
SCHEDULED MATTERS
22
23
24 9. Approve Planning Commission Meeting Minutes of April 8, 2009.
25
26 Mr. Flower recommended postponing this item until the next scheduled meeting of May
27 20, 2009, as there is not a quorum of Commissioners in attendance tonight eligible to
28 vote on this item.
29
PUBLIC HEARINGS
30
31
32 10. Conditional Use Permit 09-5
33 4000 Lampson Avenue (Chevron)
34 Continued to May 20, 2009
35
36 Applicant/Owner: Bhupinder S. Mac
37
38 Request: To convert existing service bays within a service station to
39 retail space, and to allow a Type 20 ABC License (off-sale
40 beer and wine) for the existing convenience store within the
41 General Commercial (C-2) Zone.
42
43 Recommendation: Approval, subject to conditions, and adoption of Resolution
44 09-19.
45
3 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 Staff Report
2
3 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
4 He provided some background information on this item and noted that the
Department.)
5 service bays were in operation until recently and the owner wishes to convert them to
6 retail space for a sandwich shop and a dry cleaner. He reiterated that there are
7 outstanding issues with the site plan, particularly with regard to parking, and there is
8 ongoing discussion with regard to the alcohol license.
9
10 Commissioner Questions
11
12 None.
13
14 Public Hearing
15
16 Chairperson Deaton opened the public hearing.
17
18 There being no one wishing to speak, Chairperson Deaton continued the hearing to the
19 meeting of May 20, 2009.
20
21 Commissioner Comments
22
23 Chairperson Deaton asked whether this item would have to be re-noticed. Mr. Olivera
24 stated that if it is continued to the May 20 meeting and is heard on that date, there
25 would be no need to re-notice; however, if it is continued indefinitely, then it would have
26 to be re-noticed.
27
28 MOTION by Larson; SECOND by Bello to Continue Conditional Use Permit 09-5, to the
29 scheduled meeting of May 20, 2009.
30
MOTION CARRIED: 3 – 0 – 2
31
AYES: Deaton, Bello, and Larson
32
NOES: None
33
ABSENT: Eagar and Massa-Lavitt
34
35
36 11. Conditional Use Permit 09-6
37 2365 Seal Beach Blvd., Ste. 107 (Subway Restaurant)
38
39 Applicant/Owner: Ramsey Asfour & Garo Kazezian / Seal Beach, LLC
40
41 Request: To provide outdoor seating in conjunction with an existing
42 restaurant within the Boeing Integrated Defense Systems
43 (BIDS) Specific Plan Zone. Applicant is proposing to add
44 four 4-seat tables along the exterior walkways.
45
4 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 Recommendation: Approval, subject to conditions, and adoption of Resolution
2 09-20.
3
4 Staff Report
5
6 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
7 He provided some background information on this item and noted that the
Department.)
8 applicant proposes to add four 4-seat tables along the exterior walkways and noted that
9 the Site Plan shows two tables along the front walkway and two tables along the side
10 walkway. He noted that the front walk measures 15 feet wide, and Staff feels that this
11 will accommodate the two 4-seat tables while still providing adequate accessibility for
12 people using the walkway. He stated that the side walkway measures 11 feet and Staff
13 is not yet certain whether there will be a clear path with the two 4-chair tables in this
14 location, and one of the Conditions of Approval stipulates that a minimum 4-ft. path
15 must be made available. Staff is recommending that the tables be placed as close to
16 the side of the building as possible, and if this is not possible, Staff shall stipulate that
17 these tables accommodate 2 chairs only, rather than 4. Staff recommends approval,
18 subject to conditions.
19
20 Commissioner Questions
21
22 Chairperson Deaton asked if the tables would be fixed or movable tables. Mr. Olivera
23 stated that they would be movable.
24
25 Public Hearing
26
27 Chairperson Deaton opened the public hearing.
28
29 John Asfour, president of Asfour Family Corporation, owners of the Subway Restaurant
30 in question, stated that he was present to request approval on this application.
31 Chairperson Deaton asked what Mr. Asfour believed to be the best thing to do with the
32 tables along the side of the restaurant. Mr. Asfour stated he believed it would be best to
33 have only 2 seats at each table.
34
35 Seth Eaker, representing the Seal Beach Chamber of Commerce, spoke in support of
36 Conditional Use Permit 09-6 stating that outdoor dining can help make the Pacific
37 Gateway Center a destination spot. He recommended approval.
38
39 There being no one else wishing to speak, Chairperson Deaton closed the public
40 hearing.
41
42 Commissioner Comments
43
44 Commissioner Bello stated that she had visited the site and has no problem with the
45 approval of the outdoor seating.
46
5 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 MOTION by Bello; SECOND by Larson to approve Conditional Use Permit 09-6, subject
2 to conditions, and adoption of Resolution 09-20 as presented.
3
MOTION CARRIED: 3 – 0 – 2
4
AYES: Deaton, Bello, and Larson
5
NOES: None
6
ABSENT: Eagar and Massa-Lavitt
7
8
9 Mr. Flower advised that the adoption of Resolution No. 09-20 begins a 10-day calendar
10 appeal period to the City Council. The Commission action tonight is final and the
11 appeal period begins tomorrow morning.
12
13 12. Conditional Use Permit 09-4
14 148-E Main Street (Beach Fitness)
15
16 Applicant/Owner: Bryce Turner & Barbara Bartee / LST Investments
17
18 Request: Modification of the existing Conditional Use Permit for an
19 expansion of an existing business into an adjacent lease
20 space (148-E).
21
22 Recommendation: Approval, subject to conditions, and adoption of Resolution
23 09-18.
24
25 Staff Report
26
27 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
28 He provided some background information on this item and noted that
Department.)
29 Beach Fitness currently occupies Suite F at 148 Main Street and wishes to expand into
30 Suite E, which is a contiguous suite. He explained that the Main Street Specific Plan
31 (MSSP) is not explicit with regard to private training facilities, and noted that at a
32 hearing in 2001 for Flexx Personal Training at 209 Main Street the Planning
33 Commission (PC) determined that parking for this use would be similar to that for a
34 salon or spa, which would require two parking spaces for every trainer on duty. In that
35 case it was for a very small fitness studio that could only accommodate one client per
36 session. He noted that the approximate 700 sq. ft. space was formerly used for retail,
37 which would have required the same parking of 2 spaces for 700 sq. ft. With regard to
38 Beach Fitness, when it originally came before the Planning Commission (PC) in 2005
39 under the business name Fysicly Fit and received approval of a Conditional Use Permit
40 (CUP), the PC tended to treat this more as a retail use with regard to parking. He
41 explained that parking for the Main Street Square property was grandfathered for 18
42 spaces, which were divided up among the lease spaces now in the Square, and was
43 granted a credit for 3 parking spaces, where a loading zone was formerly located along
44 Central Avenue, which brought the total parking up to 21 spaces. He noted that 13 of
45 these spaces are actually located in the Main Street Square parking lot across the street
46 adjacent to Hennessey’s and the remaining 8 spaces were grandfathered. Mr. Olivera
6 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 then indicated that the lease space proposed for the expansion was grandfathered for 3
2 parking spaces and the existing Suite E was also grandfathered for 3 spaces. He
3 explained that the previous business in Suite F, Barbara’s Beauty, had participated in
4 the in-lieu parking program and purchased one additional space because they had a
5 salon chair within the business that required them to have an additional parking space.
6 He indicated that there are 7 parking spaces for Suites E and F and stated that the
7 question tonight is whether the PC will treat this expansion as a salon/spa use or a retail
8 use. If a retail use, the parking would be adequate for the total square footage; if as a
9 salon/spa use, there would have to be a restriction placed on the total number of
10 trainers that could operate at any one time within both suites. Mr. Olivera then reported
11 that Staff had received a number of letters both in support and opposition to this project,
12 noting that one of the letters in opposition states that business operations were taking
13 place outside the business along the front sidewalk area. He said that Staff has
14 included a condition of approval prohibiting any training activity taking place outside of
15 the facility and is recommending approval, subject to conditions.
16
17 Commissioner Questions
18
19 Chairperson Deaton asked about the parking provided by other fitness studios along
20 Main Street. Mr. Olivera stated that Flexx Personal Training is parked similar to a
21 salon/spa use. Chairperson Deaton asked how Beach Fitness is treated with regard to
22 parking. Mr. Olivera stated that it was categorized as a retail use. He noted that Tru to
23 Form predates the MSSP requirements for zoning and Staff was not able to locate a
24 CUP for this property. Chairperson Deaton commented that the PC is really looking at
25 the larger question of how fitness uses should be parked. Mr. Flower stated that
26 although he appreciates the concern of the PC, he encouraged the Commission to
27 focus on this specific application, as the PC is not present tonight to make a legislative
28 judgment on how these types of businesses should be parked in the future, but the
29 question before the PC is this particular use, and this particular operation.
30
31 Commissioner Bello asked for an explanation of the criteria for determining parking. Mr.
32 Olivera explained that retail parking under the MSSP is different from other retail
33 parking within the city, which requires 1 parking space per 300 sq. ft. Because so many
34 businesses along Main Street do not have parking, when parking was grandfathered, it
35 was done at a ratio of 1 parking space per 500 sq. ft. of retail use, which remains today.
36 Commissioner Bello clarified that she wished to know how one would determine
37 whether the use were a salon/spa or retail use. Mr. Olivera explained that this is still
38 uncertain as previous PC determinations categorized one fitness facility as salon/spa
39 and another as retail use. Mr. Whittenberg interjected that should the PC make a
40 determination to approve CUP 09-4 for Beach Fitness, it must ensure that this would not
41 be detrimental to surrounding properties. He stated that for the previously approved
42 CUP for Flexx Personal Training the City made the determination that it was to be
43 parked similarly to a beauty salon (2 parking spaces for 1 trainer and 1 client). He then
44 explained that for Fysicly Fit the City considered the grandfathered parking spaces for
45 all of Main Street Square and the credit for 3 additional parking spaces for the removal
46 of the loading zone and basically determined that parking would be assigned as for a
7 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 retail use. He indicated that in this case the PC would now decide the parking
2 requirements to be imposed and whether the expansion is compatible with the area and
3 in accordance with the MSSP standards. Chairperson Deaton confirmed that both of
4 these fitness facilities function on a one-on-one basis. Mr. Whittenberg stated that this
5 was true in both cases in the original approvals. He explained that Beach Fitness is
6 now proposing to conduct small classes within their facility and Staff does have
7 concerns about this.
8
9 Public Hearing
10
11 Chairperson Deaton opened the public hearing.
12
13 Bryce Turner introduced his partner, Barbara Bartee, and proceeded to explain that they
14 do not intend to combine the two suites to make one large area, but will conduct
15 services within the individual suites. He stated that they wish to expand their services to
16 include rehabilitation modalities, massage therapy, nutritional counseling, and semi-
17 private training, which would be comprised of small groups of 3-4 people working with
18 one trainer rather than one-on-one. He stated that most of his clients come from Old
19 Town and services will continue to be by appointment only. He noted that he and his
20 Staff encourage clients to “go green” and walk, run, or ride a bike to the gym, not only
21 for the exercise, but to help alleviate the parking situation. He indicated that the peak
22 times for Beach Fitness are from 6:00-9:00 a.m. and 5:00-8:30 p.m. Mr. Turner then
23 addressed the issue of training taking place outside the facility and explained that with
24 the expansion there would be more room for one-on-one personal training and there are
25 no plans for bringing in more exercise equipment, so the additional space should be
26 adequate to accommodate clients. He then added that Beach Fitness has registered
27 with the City Recreation Department to conduct boot camp outdoor fitness classes.
28 Commissioner Bello asked if she were a client and wished to use the cardio equipment,
29 could she come in without an appointment. Mr. Turner stated that clients usually come
30 in before their appointments to use the cardio equipment, or will stay and use it after
31 they have completed their training, and Staff does encourage them to do extra cardio
32 work when coming in for an appointment. Commissioner Bello asked at what time
33 Beach Fitness opens for business. Mr. Turner stated 6:00 a.m. to noon. Commissioner
34 Bello asked if any earlier appointments are scheduled. Mr. Turner stated that
35 occasionally they will schedule an appointment for 5:00 or 5:30 a.m. Commissioner
36 Bello then asked about music. Mr. Turner stated that music is played inside the facility.
37 Commissioner Bello then noted that when visiting Beach Fitness she observed that
38 training was taking place outside the facility. Mr. Turner stated that he has recently
39 become aware of this practice and will ensure that this does not continue.
40
41 Chairperson Deaton asked Staff whether Beach Fitness were in violation of the current
42 CUP by conducting training outdoors. Mr. Whittenberg stated that the current CUP
43 does not address this issue. Chairperson Deaton explained to Mr. Turner that currently
44 this activity would not be out of compliance to the existing CUP; however, Staff will
45 condition this approval to prohibit any training activity taking place outside the facility.
46 Mr. Turner stated that he was in agreement with this. Chairperson Deaton then inquired
8 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 about parking and Ms. Bartee explained that because they are grandfathered under
2 retail use, parking would not be a problem. Mr. Turner added that Ms. Bartee is the only
3 trainer that drives to work; all of the others walk or ride bikes. Chairperson Deaton
4 stated that she had visited the area at different time throughout the day and had noted
5 that parking was usually available. Mr. Turner commented that although the parking lot
6 adjacent to Hennessey’s is designated for parking for businesses within Main Street
7 Square, most of the parking is usually taken up by customers of Hennessey’s,
8 particularly later in the day. He stated that a better method is needed for designating
9 parking for Main Street Square within this parking lot. Chairperson Deaton noted that
10 this would be a landlord issue.
11
th
12 Brian Warner, 123 10 Street, stated that his wife is a client of Beach Fitness and this
13 business has proven to be very compatible with the surrounding neighborhood. He
14 stated he has known Mr. Turner for many years and this business is an excellent
15 addition to Seal Beach. He recommended approval of CUP 09-4.
16
17 Gary Putnam, landlord and owner of 210 Main Street, spoke in favor of Beach Fitness
18 and noted that it draws in the community and is an attribute to the City and he has never
19 heard any disruption. He commented that because of the hours of operation, parking
20 impact is minimal.
21
22 Julie Beck, owner of Flexx Personal Training, emphasized that most of the clients at the
23 fitness facilities are local residents, but many clients from out of town will spend money
24 here while shopping or dining after completion of their fitness training. She said that
25 because of the hours of operation for Beach Fitness she does not believe parking will
26 be an issue.
27
28 Aaron Roberts, owner of Anytime Fitness in the Pacific Gateway Plaza, spoke in
29 support of CUP 09-4 noting that the training by appointment and expanded services
30 would benefit from the additional space. He also recommended approval.
31
32 Mike Bubbe stated that Beach Fitness is a credit to the community, but expressed
33 concern with comments he read in letters submitted stating objections to workouts being
34 conducted outdoors, particularly during the early morning hours. He said he didn’t
35 believe parking would be a problem, but stated that his concerns are with noise issues
36 for surrounding neighbors.
37
38 Natalie King spoke in support of Beach Fitness.
39
40 Seth Eaker spoke in support of CUP 09-4 stating that he is a client of Beach Fitness.
41 He noted that the MSSP calls for a diversity of uses along Main Street and Beach
42 Fitness is the kind of business that people want in the community. He encouraged the
43 PC to approve this application.
44
9 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
th
1 Jane Warner, 123 10 Street, spoke in support of Beach Fitness. She stated she does
2 not believe there is a parking problem, as when she walks her dog, 3 times a day, she
3 usually walks down Central Avenue and there is always parking available.
4
5 Bryce Turner stated that Beach Fitness does have a Strategic Business Agreement with
6 other cities in Seal Beach to help promote other businesses as well as their own. He
7 then noted that the new policy for the expansion is that effective immediately there will
8 no longer be any training permitted outside the facility. He also stated that many of his
9 out-of-town clients do enjoy visiting Seal Beach and will plan to stay to shop and dine in
10 the City after completing their training at Beach Fitness. Chairperson Deaton asked
11 whether Mr. Turner had a problem with the Condition No. 4 limiting class size to no
12 more than 4 people at any one time. Mr. Turner stated that he was fine with this.
13
14 There being no one else wishing to speak, Chairperson Deaton closed the public
15 hearing.
16
17 Commissioner Comments
18
19 Commissioner Larson stated that he believes you must judge each use by what has
20 occurred in the past, and in this case there have been concerns about noise in the early
21 morning and training taking place on the street. He said he is not convinced that the
22 conditions of approval have been adequately spelled out to ensure that these issues are
23 addressed. Mr. Whittenberg indicated that the existing CUP does condition the hours
24 by stating that Beach Fitness is not to open for operation before 6:00 a.m. and this will
25 continue to be the case. He stated that Staff will attempt to enforce this; however, it
26 may be difficult as there is no City official present to verify that the business is opening
27 before 6:00 a.m. Chairperson Deaton asked if Staff had received complaints about
28 noise. Mr. Whittenberg stated that the complaints that Staff received were related to the
29 training taking place outside and not to noise issues.
30
31 Chairperson Deaton clarified that the current CUP does not prohibit them from
32 conducting training outdoors, but CUP 09-4 does include this prohibition. Mr.
33 Whittenberg reiterated that the existing CUP does prohibit beginning operation before
34 6:00 a.m. Chairperson Deaton noted that these are the hours set by the MSSP for all
35 businesses along Main Street. Mr. Olivera interjected that although the current CUP
36 does not have a condition regarding outdoor operations, the MSSP does have a general
37 limitation on uses that states all uses shall be conducted wholly within an enclosed
38 building. Chairperson Deaton reiterated that the new CUP approval does specify that
39 business activity is to be conducted wholly within the building. She then asked about
40 the issue of noise. Mr. Flower pointed out that the complaint had stated that a boom
41 box was placed outside while conducting the training activity, and with the prohibition on
42 conducting training outside, there would be no boom box outside either, which would
43 eliminate the noise.
44
45 Commissioner Larson said he has no objection to businesses that promote good health.
46
10 of 12
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
1 Commissioner Bello stated that she likes to see businesses succeed, but she believes
2 Beach Fitness must be very sensitive to the issues of noise to the surrounding
3 residences.
4
5 Chairperson Deaton stated that she had received no calls in opposition to CUP 09-4,
6 but did receive calls in favor. She said she visited the site and did observe training
7 taking place outside, but there was no noise outside the facility. She indicated that this
8 is a great business for Main Street but cautioned that there must be sensitivity to the
9 neighboring residents.
10
11 MOTION by Bello; SECOND by Larson to approve Conditional Use Permit 09-4, subject
12 to conditions, and adoption of Resolution 09-18 as presented.
13
MOTION CARRIED: 3 – 0 – 2
14
AYES: Deaton, Bello, and Larson
15
NOES: None
16
ABSENT: Eagar and Massa-Lavitt
17
18
19 Mr. Flower advised that the adoption of Resolution No. 09-18 begins a 10-day calendar
20 appeal period to the City Council. The Commission action tonight is final and the
21 appeal period begins tomorrow morning.
22
STAFF CONCERNS
23
24
25 Mr. Whittenberg reported that the Census Bureau is preparing to begin the 2010
26 Census and workers will be circulating throughout Seal Beach with GPS devices used
27 to physically verify all addresses within the City. He indicated that this would be
28 ongoing for several weeks.
29
30 Mr. Olivera noted that the Director of Development Services would not be present for
31 the Planning Commission meeting of May 20, 2009.
32
33 Mr. Whittenberg requested a motion to excuse Commissioner Massa-Lavitt from
34 tonight’s meeting.
35
36 MOTION by Bello; SECOND by Larson to excuse Commissioner Massa-Lavitt from the
37 Planning Commission meeting of May 6, 2009.
38
MOTION CARRIED: 3 – 0 – 2
39
AYES: Deaton, Bello, and Larson
40
NOES: None
41
ABSENT: Eagar and Massa-Lavitt
42
43
44
45
46
11 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
City of Seal Beach Planning Commission
Meeting Minutes of May 6, 2009
COMMISSION CONCERNS
Commissioner Bello asked how late Verizon is permitted to work within Seal Beach. Mr.
Whittenberg stated that Verizon has special approvals through Public Works and he will
check with this Department to find out what the limitations might be.
Commissioner Larson stated that a sign should be posted cautioning the public to turn
off their cell phones during the PC meeting. Mr. Whittenberg stated that the sign is still
available and can be posted inside Council Chambers.
ADJOURNMENT
Chairperson Deaton then read a statement in honor of James Sharp as follows:
"The Planning Commission of the City of Seal Beach and the Department of
Development Services do hereby honor and recognize Jim Sharp for sixteen years of
service, serving as Chairman and as Commissioner of the Planning Commission and for
his outstanding service and dedication to the City of Seal Beach, and offers this sincere
condolence to his wife Edna Wilson-Sharp and al/ of their family as a demonstration of
sincere appreciation for his dedication to the City of Seal Beach. A memorial service to
honor and celebrate the life of James Sharp will be held on Saturday, May 23rd at 2:00
p.m. in Clubhouse 4 of Leisure World. This meeting is now hereby adjourned in
memory of Jim Sharp."
Chairperson Deaton adjourned the meeting at 8:48 p.m.
Respectfully Submitted,
0~~_
Carmen Alvarez, Executive Assistaht
Planning Department
APPROVAL
The Commission on June 17, 2009, ap~ed the Minutes of the Planning Commission
Meeting of Wednesday, May 6, 2009. .
12 of 12