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HomeMy WebLinkAboutPC Min 2010-03-18City of Seal Beach Planning Commission Special Meeting Agenda March 18, 2010 7:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items on the agenda. The Planning Commission may also allow the public to address any matters within the subject matter jurisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or discussion on matters not on the agenda unless otherwise authorized by law. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to notify the public of any changes to the Agenda, re- arrange the order of the Agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff, or the public requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Meeting Minutes of February 17, 2010. 2. Minor Plan Review 10 -4 208 Ocean Avenue Applicant /Owner: Fabio Rigo de Righi / Jim & Judy Freimuth Request: To add an approximate 12 ft. 0 in. wide by 12. ft. 0 in. long by 12. ft. 0 in. high open -beam trellis within the required rear yard setback area. Recommendation: Approval, subject to conditions, through adoption of Resolution 10 -7. 1 City of Seal Beach Planning Commission • Special Meeting Agenda • March 18, 2010 3. Minor Plan Review 10 -5 1115 -1117 Electric Avenue Applicant /Owner: Shant Barsikhian / Jim Klisanin Request: To add an additional two -car garage to an existing nonconforming residential property. The property is nonconforming due to less than required off - street parking, and the existing two -car garage does not meet minimum rear yard setback requirements. Recommendation: Approval, subject to conditions, through adoption of Resolution 10 -13. SCHEDULED MATTERS None. PUBLIC HEARING 4. Conditional Use Permit 10 -1 2902 Westminster Avenue Applicant /Owner: Cheng Family, LLC Request: To permit a reduction of up to 15% of the minimum required parking for common parking facilities on a site of 5,000 or more square feet. Recommendation: Continued to future date. 5. Conditional Use Permit 10 -2 4657 Guava Avenue Applicant /Owner: Sandra Luz Turner / Sigfried H. Hamann Request: To allow a large family child care home (not more than 14 children) within a single - family dwelling located within the Residential Low Density (RLD) Zone. Recommendation: Approval, subject to conditions, and as may be revised by the Commission after considering public testimony, within the parameters provided by state law. Approval should be through adoption of Resolution 10 -14. FA City of Seal Beach Planning Commission • Special Meeting Agenda • March 18, 2010 6. Zone Text Amendment 10 -2 Citywide Applicant /Owner: City of Seal Beach Request: To repeal Section 28-2317.D, Height Variation for Non - Habitable Architectural Features. If this Section is repealed, the City Municipal Code would no longer permit "Height Variations" for architectural projections for spires, towers, cupolas, belfries, monuments, parapets (Not required by the Building Code) or domes. Recommendation: Adoption of Resolution 10 -15 and forward to City Council. 7. Adoption of Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the River's End Staging Area and San Gabriel River Bikeway Enhancement Plan Applicant: City of Seal Beach Request: Adoption of a Mitigated Negative Declaration for the River's End Staging Area (RESA) and the San Gabriel River Bikeway Trail. The RESA is approximately 2.70 acres in size and includes: paved surface parking spaces; a restaurant facility, and a City -owned maintenance structure. The San Gabriel River Bikeway Trail is a paved regional recreational trail along the eastern boundary of the San Gabriel River. The total length of proposed trail improvements from PCH to 1 -405 would be approximately 2.6 miles. Recommendation: Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the River's End Staging Area and San Gabriel River Bikeway Enhancement Plan (SCH# 2010021026) DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT To regular meeting of April 7, 2010, at 7:30 P.M. 3 City of Seal Beach Planning Commission • Special Meeting Agenda • March 18, 2010 2010 Agenda Forecast Apr 07 Conditional Use Permit 09 -1 (Indef. Ext.) — 13956 Seal Beach Blvd. (Primrose Cafe) Seal Beach Shores Trailer Park Survey Apr 12 Joint City Council /Planning Commission Title 11 Meeting Apr 21 Planning Commission Training Session — Part I May 05 Planning Commission Training Session — Part II May 19 Jun 09 Jun 23 Jul 07 Jul 21 Aug 04 Aug 18 Sep 08 Sep 22 Oct 06 Oct 20 Nov 03 Nov 17 Dec 08 Dec 22 4 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes Special Meeting of March 18, 2010 Chairperson Deaton called the special meeting of the Planning Commission to order at 7:30 p.m. on Thursday, March 18, 2010. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chairperson Deaton, Commissioners Bello, Galbreath, Larson, and Massa - Lavitt. Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney At Chairperson Deaton's request, Mr. Flower explained that a "Special Meeting" of a legislative body is one that is scheduled at a time and place other than a regularly scheduled meeting. ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Seretta Fielding spoke in support of the application for a large family child care home within the Residential Low Density (RLD) Zone. Seth Eaker thanked the City for conducting the Title 11 Community meetings. Sue Lindley, the crossing guard at 12 Street and Pacific Coast Highway, reminded the public that when a crossing guard is in the intersection crosswalk displaying a "STOP" sign, all cars must stop. She suggested posting signage that would help enforce this. There being no one else wishing to speak, Chairperson Deaton closed oral communications. These Minutes were transcribed from audiotape of the meeting. 1 of 10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 AGENDA APPROVAL MOTION by Massa - Lavitt; SECOND by Galbreath to approve the Agenda as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of February 17, 2010. 2. Minor Plan Review 10 -4 208 Ocean Avenue Applicant /Owner: Fabio Rigo de Righi / Jim & Judy Freimuth Request: To add an approximate 12 ft. 0 in. wide by 12. ft. 0 in. long by 12. ft. 0 in. high open -beam trellis within the required rear yard setback area. Recommendation: Approval, subject to conditions, through adoption of Resolution 10 -7. 3. Minor Plan Review 10 -5 1115 -1117 Electric Avenue Applicant /Owner: Shant Barsikhian / Jim Klisanin Request: To add an additional two -car garage to an existing nonconforming residential property. The property is nonconforming due to less than required off - street parking, and the existing two -car garage does not meet minimum rear yard setback requirements. Recommendation: Approval, subject to conditions, through adoption of Resolution 10 -13. MOTION by Massa - Lavitt; SECOND by Galbreath to approve the Consent Calendar as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None 2of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 Mr. Flower advised that the adoption of Resolution Nos. 10 -7 and 10 -13 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. SCHEDULED MATTERS None. PUBLIC HEARINGS 4. Conditional Use Permit 10 -1 2902 Westminster Avenue Applicant /Owner: Cheng Family, LLC Request: To permit a reduction of up to 15% of the minimum required parking for common parking facilities on a site of 5,000 or more square feet. Recommendation: Continued to future date. 5. Conditional Use Permit 10 -2 4657 Guava Avenue Applicant /Owner: Sandra Luz Turner / Sigfried H. Hamann Request: To allow a large family child care home (not more than 14 children) within a single - family dwelling located within the Residential Low Density (RLD) Zone. Recommendation: Approval, subject to conditions, and as may be revised by the Commission after considering public testimony, within the parameters provided by state law. Approval should be through adoption of Resolution 10 -14. Staff Report Mr. Olivera delivered the staff report noting that these types of uses are largely controlled by the State of California, and the City has very limited jurisdiction in imposing conditions on such a use. He explained that the applicant currently operates a small family child care home for up to 8 children, which is allowed by right. Large family child cares homes for up to 14 children can be permitted by right or can require a Conditional Use Permit (CUP). He indicated that conditions a.) and e.), as presented on Page 3 of the Staff Report, are no longer enforceable. Mr. Olivera briefly reviewed the remaining conditions. He then stated that Condition of Approval No. 3 will be revised to read: "Arrival and departure of clients' vehicles transporting children to and from the 3of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 Large Family Child Care Home shall be scheduled such that no more than 4 client vehicles arrive or depart during a given 15- minute interval." He added that these types of care facilities are permitted to operate on a 24 -hour basis. Mr. Olivera indicated that Staff has received two letters and one phone call in opposition to approval of Conditional Use Permit 10 -2. Commissioner Questions Commissioner Massa - Lavitt inquired about the state square footage requirements per child in a care facility. Mr. Olivera stated that as he understands all requirements for square footage per child have been eliminated. Public Hearing Chairperson Deaton opened the public hearing. Sandra Turner stated that currently there are only 4 in -home child care providers in Seal Beach. She indicated that the need is great and continues to grow. She said she has a waiting list and has had to turn clients away. She briefly reviewed her day care schedule and noted that pick -up and drop -off times are scattered throughout the day. Ms. Turner noted that she is closely supervised by the state and has never had any issues arise. The following individuals spoke in support of approval of Conditional Use Permit 10 -2 and permitting large day care facilities in Seal Beach: Mary Kesterman, Licensed Day Care Operator in Seal Beach Barbara Byron, neighbor across the street from 4657 Guava Avenue Blanca Davis, client of Sandra Turner. Jennifer Denos, Licensed Day Care Operator in Seal Beach The following individuals spoke in opposition to Conditional Use Permit 10 -2 citing concerns with traffic, parking, and noise: Jane McCord, neighbor across the street from 4657 Guava Avenue Patricia Blum, neighbor behind 4657 Guava Avenue Blair Farley, suggested limiting outdoor play hours to 10:00 a.m. to 5:00 p.m. Phil Ripshin, next door neighbor of 4657 Guava Avenue Katherine Showalter, neighbor across the street on Hazelnut Avenue Cary Toretsky, resident of Guava Avenue Sue Lindley, daughter of Patricia Blum Sandra Turner stated that the children she cares for range in age from newborn to 2'/ years, and she does not wish to care for 14 children. 4of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 Chairperson Deaton stated she wished to leave the public hearing open to allow Commissioners to dialogue with the applicant and the public. Commissioner Galbreath asked if Ms. Turner is licensed to care for 8, how many children are currently under her care. Ms. Turner stated that she usually has 3 -4 children at any one time. Commissioner Galbreath asked if she had any assistance with child care. Ms. Turner stated she does have one certified volunteer who works 8 hours a day. Commissioner Galbreath asked were the number of children to increase, would she require more staff to assist her. Ms. Turner stated that this would require only 2 people. Commissioner Massa - Lavitt asked how long Ms. Tuner had cared for any one child. Ms. Turner stated that she has cared for children from the age of 6 weeks up to 2 or 2'/ years, when the child is eligible for placement in pre - school. Commissioner Massa - Lavitt asked if Ms. Tuner is able to park her cars in her garage. Ms. Turner stated that she could, but has a lot of the toys and equipment used for her day care stored in her garage. Commissioner Bello asked how many children Ms. Turner has under her care during a 24 -hour period. Ms. Turner said she cares for a total of 4 -6 children between the hours of 6:00 a.m. and 6:00 p.m., and 2 pre - schoolers who arrive after 4:30 p.m. Chairperson Deaton asked if Ms. Turner would consider limiting the free play time outdoors from 3:30 to 5:00 p.m. Ms. Turner stated that free play time is not always outdoors, but she would consider this proposal. Commissioner Galbreath asked Staff for an explanation of the City Noise Ordinance, which Mr. Olivera provided. Commissioner Galbreath then inquired about required parking for Ms. Turner's employee. Staff indicated that the Zoning Code (ZC) requires 1 on -site parking space per employee. Commissioner Galbreath then confirmed with Staff that the applicant would require a 6 -foot high masonry perimeter wall in order to operate a large family day care, and currently the wall measures 5 feet high. Commissioner Massa - Lavitt stated that increasing the height of the wall would probably create a miniscule difference in noise attenuation. Commissioner Larson noted that because the Commission's ability to make a determination in this case is limited by state law, he feels that he cannot vote on anything. Chairperson Deaton suggested that the applicant and her neighbors could meet and attempt to come to agreement on the issues discussed. Mr. Flower recommended continuing the public hearing and directing Staff to work with the applicant and neighbors in coming to agreement. Commissioner Galbreath asked how the requirement for the 6 -foot fence is to be handled, noting that the applicant is not the homeowner and would have to obtain 5of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 permission from the property owner, as well as from her rear neighbor. Mr. Flower noted that permission to add one foot to the fence would be a civil matter between the applicant and her landlord. He noted that the requirement for the 6 -foot wall would apply to all residential areas within the city, with no exceptions. Chairperson Deaton requested that all interested parties provide their contact information to Mr. Persico so that he may notify them of the proposed meeting date. She also suggested that Commissioner Galbreath participate in the meetings. MOTION by Larson; SECOND by Massa - Lavitt to continue the public hearing for Conditional Use Permit 09 -2 to the scheduled Planning Commission meeting of April 21, 2010. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None At 9:11 p.m. Chairperson Deaton called for a 5- minute recess. The meeting reconvened at 9:16 p.m. 6. Zone Text Amendment 10 -2 Citywide Applicant /Owner: City of Seal Beach Request: To repeal Section 28-2317.D, Height Variation for Non - Habitable Architectural Features. If this Section is repealed, the City Municipal Code would no longer permit "Height Variations" for architectural projections for spires, towers, cupolas, belfries, monuments, parapets (Not required by the Building Code) or domes. Recommendation: Adoption of Resolution 10 -15 and forward to City Council. Staff Report Mr. Persico delivered the staff report, noting that following the approval of Zone Text Amendment 10 -1, eliminating Covered Roof Access Structures (CRAS), the Planning Commission directed Staff to return with a subsequent ZTA to eliminate all Height Variations city wide. Commissioner Questions 6of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 Chairperson Deaton requested that Surfside Colony not be subject to ZTA 10 -2. Mr. Persico affirmed that this could be done. He indicated that Staff would return at the next meeting with a final resolution formalizing the exemption of Surfside Colony. MOTION by Massa - Lavitt; SECOND by Galbreath to direct Staff to return with the final Resolution 10 -15 reflecting the exemption of Surfside Colony from the requirements of Zone Text Amendment 10 -2. Mr. Persico noted that the PC could approve ZTA 10 -2 tonight and Staff could return with the revised Resolution 10 -15 at the next scheduled meeting. MOTION by Deaton; SECOND by Galbreath to reconsider the vote. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None Mr. Flower noted that the Chairperson had neglected to open the public hearing. Public Hearing Chairperson Deaton opened the public hearing. There being no one wishing to speak, Chairperson Deaton closed the public hearing. MOTION by Massa - Lavitt; SECOND by Galbreath to direct Staff to return with amended Resolution 10 -15 reflecting the exemption of Surfside Colony from the requirements of Zone Text Amendment 10 -2 for adoption at the scheduled meeting of April 7, 2010. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None 7. Adoption of Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the River's End Staging Area and San Gabriel River Bikeway Enhancement Plan Applicant: City of Seal Beach Request: Adoption of a Mitigated Negative Declaration for the River's End Staging Area (RESA) and the San Gabriel River Bikeway Trail. The RESA is approximately 2.70 acres in size and includes: paved surface parking spaces; a restaurant facility, and a City -owned maintenance structure. 7of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 The San Gabriel River Bikeway Trail is a paved regional recreational trail along the eastern boundary of the San Gabriel River. The total length of proposed trail improvements from PCH to 1 -405 would be approximately 2.6 miles. Recommendation: Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the River's End Staging Area and San Gabriel River Bikeway Enhancement Plan (SCH# 2010021026) Staff Report Mr. Persico delivered the staff report. He briefly reviewed the information on this item and noted that the City of Seal Beach has been awarded a grant from the Rivers and Mountain Conservancy of approximately $2 million for these improvements. He indicated that the CEQA document presents potential environmental impacts and the proposed mitigation measures for this project. He stated that the Environmental Quality Control Board found the document to be in compliance with CEQA and has recommended adoption by the Planning Commission. Mr. Persico also noted that a Response to Comments document has been prepared and circulated. Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. Ed Selich, representative for Bay City Partners, indicated that significant portions of this project are on land owned by Bay City Partners and are encroached upon it without proper agreements or easements. He stated that Bay City has offered to donate all of this land at no cost to the City as part the entitlements for this property, but the City has determined to file eminent domain. He indicated that a letter with comments from Bay City Partners has been provided to the Commission and Staff. He then briefly reviewed the comments and recommended that the Commission find this Mitigated Negative Declaration inadequate and recommend that the City and Bay City Partners enter into an agreement to prepare a joint environmental analysis. Mr. Persico noted that none of the issues presented by Mr. Selich fall under the category of CEQA analysis and would have to be addressed and resolved prior to the implementation of the project. 8of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 1 There being no one else wishing to speak, Chairperson Deaton closed the public 2 hearing. 3 4 Commissioner Comments 5 6 Commissioner Larson requested that the City Attorney provide a brief analysis of this 7 application prior to taking a vote. Mr. Flower stated that the City Attorney's office has 8 reviewed all of the various property claims raised by Bay City Partners and is confident 9 that the project can go forward. He agreed with Mr. Persico's comments regarding the 10 limited scope of the issue before the Commission tonight, which is simply to determine 11 the adequacy of the environmental document. 12 13 MOTION by Deaton; SECOND by Massa - Lavitt to adopt the Mitigated Negative 14 Declaration and Mitigation Monitoring and Reporting Program for the River's End 15 Staging Area and San Gabriel River Bikeway Enhancement Plan (SCH# 2010021026) 16 as presented. 17 18 MOTION CARRIED: 5 — 0 19 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt 20 NOES: None 21 ABSENT: None 22 23 DIRECTOR'S REPORT 24 25 Mr. Persico provided an update on the following items: 26 27 1. Title 11 Community Meetings and Joint Session with City Council and the 28 Planning Commission on April 12, 2010. 29 2. City Council to consider Zone Text Amendment 10 -1 to eliminate Covered Roof 30 Access Structures at its meeting of March 22, 2010. 31 3. Planning Commission Training Sessions scheduled for April 21 and May 5 t ". 32 33 COMMISSION CONCERNS 34 35 None. 36 37 ADJOURNMENT 38 39 Chairperson Deaton adjourned the meeting at 9:50 p.m. 40 41 Respectfully Submitted, 42 43 44 45 Carmen Alvarez, Executive Assists 46 Planning Department 9of10 City of Seal Beach Planning Commission Meeting Minutes of March 18, 2010 APPROVAL 2 3 The Commission on April 7, 2010, approved the Minutes of the Planning Commission 4 Meeting of Wednesday, March 18, 2010. O-Zl- . 10 of 10