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HomeMy WebLinkAboutPC Min 2010-04-21City of Seal Beach Planning Commission Agenda for April 21, 2010 City Council Chambers - 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 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. 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 or staff requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Meeting Minutes of April 7, 2010. SCHEDULED MATTERS 2. Adoption of Planning Commission Resolution 10 -18 updating Planning Commission Guidelines regarding regular meeting dates. PUBLIC HEARING 3. Conditional Use Permit 10 -2 4657 Guava Avenue (Continued from March 18, 2010) Applicant /Owner: Sandra Luz Turner / Sigfried H. Hamann 1 City of Seal Beach Planning Commission • Agenda of April 21, 2010 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. OTHER MATTERS 4. Planning Commission Training Session — Part I Discussion of planning, zoning and environmental issues. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT To scheduled meeting of May 5, 2010, at 7:30 P.M. FA City of Seal Beach Planning Commission • Agenda of April 21, 2010 2010 Agenda Forecast May 05 Conditional Use Permit 09 -4 (Indef. Ext) 148 -E Main St (Beach Fitness) Minor Plan Review 10 -7 — 139 7 Street Public Hearing Title 11: Zoning Code Planning Commission Training Session — Part II May 19 Continued Public Hearing Title 11: Zoning Code 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 3 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of April 21, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, April 21, 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, and Massa - Lavitt. Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Absent: Commissioner Larson Mr. Persico noted that Commissioner Larson is excused from tonight's meeting. Mr. Flower indicated that a motion to excuse this absence would be appropriate. MOTION by Bello; SECOND by Galbreath to excuse Commissioner Larson from the Planning Commission meeting of April 21, 2010. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: Larson ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. There being no one wishing to speak, Chairperson Deaton closed oral communications. AGENDA APPROVAL MOTION by Galbreath; SECOND by Bello to approve the Agenda as presented. MOTION CARRIED: 4-0-1 These Minutes were transcribed from audiotape of the meeting. 1 of 7 City of Seal Beach Planning Commission Meeting Minutes of April 21, 2010 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: Larson CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of April 7, 2010. MOTION by Massa - Lavitt; SECOND by Galbreath to approve the Consent Calendar as presented. MOTION CARRIED: 4 — 0 —1 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: Larson SCHEDULED MATTERS 2. Adoption of Planning Commission Resolution 10 -18 updating Planning Commission Guidelines regarding regular meeting dates. Staff Report Mr. Persico stated that City Council did modify the Municipal Code to provide the Planning Commission (PC) authority to change its meeting dates by resolution. The entire set of PC Guidelines as well as Resolution 10 -18 are presented tonight for approval. Chairperson Deaton requested that Item No. 9 be amended to include the following text: `As soon as any Commissioner has reason to believe that he or she will not be able to attend a meeting, that Commissioner shall notify the Director of Development Services of the anticipated absence, and the Director shall notify the Chair." MOTION by Galbreath; SECOND by Massa - Lavitt to approve the Consent Calendar as presented. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: Larson PUBLIC HEARINGS 3. Conditional Use Permit 10 -2 4657 Guava Avenue (Continued from March 18, 2010) 2of7 City of Seal Beach Planning Commission Meeting Minutes of April 21, 2010 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. Persico delivered the staff report noting that this item was continued to allow Staff to meet with the applicant and neighboring residents to attempt to resolve some of the issues presented at the initial public hearing. He stated that a meeting was held at City Hall on Monday, April 5, 2010, with three neighbors and the applicant present to discuss the project. He said in reviewing a lot of the state legislation related to large family day care facilities, they found that the state has a great deal of authority over what cities can and cannot do, and the only areas cities can regulate are noise, traffic, parking, and spacing and concentration. He indicated that discussion was held on traffic and parking and noise, with the main outcome focusing on the requirement in the City's Municipal Code for a 6 -foot high block wall on the side and rear property lines. The existing side walls as well as the rear wall measure 5 ft. high, but the rear wall has a hedge that measures up to 7 -8 ft. high, and would provide better sound attenuation to the rear neighbor than a standard 6 -ft. wall would. Mr. Persico then noted that Staff recommends that the two side walls be required to be 6 ft. high, and that the Planning Commission (PC) make an "equivalency finding" that the rear wall hedge provides better sound quality attenuation than a 6 -ft. wall. He added that if the hedge is removed or dies, the wall must be built up to 6 ft. on the rear property line within 90 days of the hedge being removed. Chairperson Deaton asked if this is a separate finding. Mr. Flower indicated it was not and noted that the following language has been added to Section 7 of Resolution 10 -14: The existing mature hedge along the rear property line wall, in conjunction with the existing 5 -foot high solid masonry wall in this area, provide sound attenuation that is equivalent to, or better than, the requirement of a 6 -foot high solid masonry wall, as prescribed for the proposed use. Mr. Persico then stated that Staff has added Condition No. 4 to the Conditions of Approval for provision of one parking space within the garage at all times. He added that Staff is confident that with the modified conditions this day care facility will not impact neighbors. 3 of 7 City of Seal Beach Planning Commission Meeting Minutes of April 21, 2010 Mr. Flower reiterated that with regard to family day care facilities the only areas cities can regulate are noise, traffic, parking, and spacing and concentration, and noted that all of these areas have been addressed within the Conditions of Approval. He then stated that Condition No. 3 has been modified to read as follows: "The applicant shall schedule regular client arrivals and departures such that no more than 4 client vehicles arrive or depart during a given 15 minute interval. " He then referred to Condition No. 2(d) and noted that under state law, landlords cannot forbid the use of the leased home as a day care center, and because this is unenforceable, Condition 2(d) should be removed. Mr. Olivera noted that 3 additional letters were received by Staff after distribution of the agenda, and copies have been provided to the Commissioners. Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. Sandra Turner had a statement read to the Planning Commission thanking them for consideration for her application. The following individual spoke in support of Conditional Use Permit 10 -2: Edward Schwang, parent of child in Sandra Turner's day care Seretta Fielding, pre - school center operator in Seal Beach Carrie Weinstein, parent of child in Sandra Turner's day care Mary Testerman, licensed day care provider in Seal Beach Stephanie Walley, parent of child in Sandra Turner's day care Linda Zolley, day care provider on Balboa Island Joyce Parque Anne Brushard, County of Orange Child Care Coordinator, stated she assists cities in reviewing approval processes for large family day care centers. Phil Ipjian requested an explanation of the process for making a determination on applications presented to the Planning Commission, which Mr. Persico provided. Mr. Ipjian noted that another large family day care facility is operating within Seal Beach, and he also expressed concerns with approval of CUP 10 -2 having an impact on the value of surrounding properties. 4 of 7 City of Seal Beach Planning Commission Meeting Minutes of April 21, 2010 The following individual spoke in opposition of Conditional Use Permit 10 -2: Jane McCord, neighbor across the street spoke in ppoosition. Commissioner Bello asked Ms. Turner how long parents are there when dropping off and picking up their children. Ms. Turner stated that parents begin arriving at 6:00 a.m., but she never has more than one parent there at any one time. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments Commissioner Bello and Massa - Lavitt expressed their support of CUP 10 -2. Chairperson Deaton thanked the neighbors for coming together to meet and discuss the issues related to this application. Commissioner Galbreath inquired about potential traffic calming. Commissioner Massa - Lavitt stated that she does not believe that increasing the height of the side walls would help attenuate noise, and she would favor increasing the height of the hedge rather than the masonry wall. Public Hearing Chairperson Deaton re- opened the public hearing so that Ms. Turner's neighbors could comment on the preference for the hedge or increased wall height. Phil Ipjian stated he would prefer a block wall. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. MOTION by Bello; SECOND by Massa - Lavitt to approve Conditional Use Permit 10 -2, subject to conditions, and adopt Resolution 10 -14 as amended. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: Larson Mr. Flower advised that the adoption of Resolution No. 10 -14 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 5 of 7 City of Seal Beach Planning Commission Meeting Minutes of April 21, 2010 OTHER MATTERS 4. Planning Commission Training Session — Part I . Discussion of planning, zoning and environmental issues. Mr. Persico stated that this training is an outgrowth of the Ad Hoc Committee meetings and noted that copies of the publications "Understanding the Basics of Land Use and Planning" are available for viewing in the Planning Department. Chairperson Deaton requested that copies of this publication be provided for the public libraries within Seal Beach. Mr. Flower proceeded with Planning Commission Land Use Training Session (Part 1) by providing a general overview followed by a review of the topics listed below: ➢ The Role of the Planning Commission ➢ Quasi - legislative v. Quasi - judicial ➢ The Police Power and Its Limitations ➢ The General Plan > Staff presentation on Noise Element ➢ Specific Plans > Staff review of City of Seal Beach Specific Plans ➢ Zoning Ordinances > Staff review of structure of City of Zoning Code ➢ Vested Rights ➢ Development Agreements ➢ The Importance of Findings DIRECTOR'S REPORT Mr. Persico provided updates on the following items: 1. Public Hearing - Indefinite Extension of CUP 09 -4 for Beach Fitness scheduled for May 5 th Planning Commission meeting. 2. Public Hearing — Title 11 Zoning Code scheduled for May 5 th Planning Commission meeting. 3. AB 1234 Training — Joint training session on May 10 4:00 - 6:00 p.m. 4. Building Division Open House — May 10 5:00 - 7:00 p.m. COMMISSION CONCERNS Commissioner Galbreath inquired about the landscape work being done at the Old Ranch Country Club. Mr. Persico explained that several eucalyptus trees were 6 of 7 City of Seal Beach Planning Commission Meeting Minutes of April 21, 2010 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 removed without having obtained a Eucalyptus Tree Permit authorizing removal. He indicated that Staff and the City Attorneys are working on the appropriate venue under which this action is to be approved so that Old Ranch Country Club can obtain a retroactive permit, and noted that Staff will be receiving a landscape plan for the entire Lampson Avenue frontage. Chairperson Deaton requested that information be provided on Sunset Aquatic Park. ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:50 p.m. Respectfully Submitted, a o.�� D'�J� - Carmen Alvarez, Executive AssisDdnt Planning Department APPRnvnI The Commission on May 5, 2010, app r ed the Minutes of the Planning Commission Meeting of Wednesday, April 21, 2010.. 7 of 7