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HomeMy WebLinkAboutPC Min 2010-07-21CITY OF SEAL BEACH PLANNING COMMISSION Minutes of July 21, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, July 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, Cummings, 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 Chairperson Deaton introduced Esther Cummings, the new Planning Commissioner for District 2. ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Joyce Parque spoke regarding the very poor condition of news racks and the need for better lighting along Main Street. Seth Eaker invited the community to the Wednesday night Summer Concert Series. There being no one else wishing to speak, Chairperson Deaton closed oral communications. AGENDA APPROVAL Chairperson Deaton recommended moving Item 3 to be the last discussion item on tonight's agenda. These Minutes were transcribed from audiotape of the meeting. 1 of 10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 Mr. Flower requested that Item 1 be removed from the Consent Calendar for separate action, as Commissioner Cummings was not yet appointed to the Planning Commission and was not present at that meeting. MOTION by Bello; SECOND by Galbreath to approve the Agenda as amended. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None CONSENT CALENDAR 2. Minor Plan Review 10 -10 4197 Dogwood Avenue Applicant /Owner: TKR Construction / John Chernila & Susana Pollack Request: To construct a new barbecue and counter structure within the required rear -yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -30. MOTION by Massa - Lavitt; SECOND by Galbreath to approve the Consent Calendar as amended. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None Mr. Flower advised that the adoption of Resolution No. 10 -30 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 1. Approve Planning Commission Meeting Minutes of July 7, 2010. MOTION by Galbreath; SECOND by Bello to approve the Meeting Minutes of July 7, 2010, as presented. MOTION CARRIED: 4-0-0-1 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Cummings 2of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 PUBLIC HEARINGS 4. Conditional Use Permit 09 -9 (Indefinite Extension) 12300 Seal Beach Boulevard (Target) Applicant /Owner: Target Corporation Request: Indefinite Extension of an existing Conditional Use Permit to allow a Type 21 ABC license (Off -sale General — Package Store) in conjunction with an existing retail store within the Old Ranch Town Center. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -29. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and noted that Seal Beach Police Department (SBPD) reports that there have been no problems related to the expansion of the license. He indicated copies of the revised Resolution 10 -29 were provided the Commission with changes to Condition No. 6 to allow commercial deliveries between the hours of 6:00 a.m. and 10:00 p.m. as stated in the original approvals for this Target store in 1998. He also noted a change to Condition No. 7 to read "no coin - operated video games . . ." He ended by stating that Staff has received no complaints nor any responses to the public notice and recommends approval, subject to conditions. Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. Beth Aboulafia spoke on behalf of Target and noted that David Jackson, the manager of the Seal Beach store, is also present tonight. She requested approval of the Indefinite Extension of Conditional Use Permit 09 -9. Seth Eaker spoke in support of Conditional Use Permit 09 -9. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments 3of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 None. MOTION by Massa - Lavitt; SECOND by Cummings to approve the Indefinite Extension of Conditional Use Permit 09 -9, subject to conditions, and adopt Resolution 10 -29 as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None Mr. Flower advised that the adoption of Resolution No. 10 -29 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. Conditional Use Permit 09 -7 (Indefinite Extension) 3001 Old Ranch Parkway (Kobe Japanese Steakhouse) Applicant /Owner: BNP Enterprises, Inc. / Bixby Land Company Request: Indefinite extension of the existing Conditional Use Permit allowing an expansion of live entertainment hours and the provision of outdoor seating in conjunction with an existing restaurant, bar, and entertainment cafe. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -31. Staff Report Mr. Olivera delivered the staff report. He provided a brief visual presentation of the site and noted that the initial approval of Conditional Use Permit (CUP) 09 -7 was conditioned to require that the outdoor seating area have a 6 -ft. high translucent glass enclosure atop the existing block wall around the patio, as well as a metal gate at the patio exit. He indicated that as of today the gate was installed, but the translucent glass wall was not. He noted one of the requests tonight is to amend the condition requiring the translucent glass wall to allow the planted material around the patio to remain as a sound barrier. He explained that directly inside the patio entrance to the restaurant the applicant has installed a heavy sound curtain that attenuates the sound from the lounge. He noted that Staff has received no complaints or responses to the public hearing notice. Staff is recommending approval, subject to conditions. Commissioner Questions Chairperson Deaton asked if the gate were required because alcoholic beverages are being served in the outdoor seating area. Mr. Olivera stated that this is correct. 4of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 Commissioner Bello noted that the gate should have a sign stating "Please Use Main Entrance." Public Hearing Chairperson Deaton opened the public hearing. Ramat Kugalan of Kobe Steakhouse stated that the translucent glass was not installed because they felt it would provide a clear view of the street and they preferred to create a more private enclosed area with the plantings. He said the door was installed today and it does have a latch, and a sign will be posted directing guests to the main entrance. Commissioner Galbreath asked it this is a "panic latch." Mr. Kugalan stated that he would check on this and, if necessary, it can be changed. Commissioner Cummings stated that she had visited the site and the plantings are at least 8 feet high. Mr. Kugalan stated that the restaurant does not provide alcohol service on the patio. Seth Eaker spoke in support of CUP 09 -7. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments Chairperson Deaton stated that if no complaints of noise have been received without the glass wall, she has no concerns about approval. Commissioner Massa - Lavitt stated that she believes the glass would better attenuate noise, but she will vote the pleasure of the Commission. Commissioner Bello said aesthetically the plantings would make for a more attractive sound barrier, and if Staff is comfortable with this, she has no concerns. Commissioner Galbreath stated he would prefer to see the panic hardware installed on the gate. MOTION by Bello; SECOND by Cummings to approve the Indefinite Extension of Conditional Use Permit 09 -7, subject to conditions, and adopt Resolution 10 -31 as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None 5of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 Mr. Flower advised that the adoption of Resolution No. 10 -31 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 3. Consideration of Four Issues Related to the New Zoning Code and Zoning Map - Title 11: Zoning — Seal Beach Municipal Code. Staff Report Mr. Persico explained that 4 items were referred back to the Planning Commission by the City Council for consideration. 1. Home Occupancy Permits — Allows home occupancy permits subject to a business license. Businesses that are deemed to be more intensive and potentially more intrusive within a residential neighborhood would be subject to approval of an Administrative Use Permit (AUP) prior to receiving a business license to operate. Staff recommends that direct product distribution businesses be exempt from the AUP requirement. With regard to definition of employees, this is being expanded from residents of the property to include immediate family members. Also, Title 11 places a limit of one business visitor at any one time to ensure that the residence use remains primarily residential. Public Comments Chairperson Deaton opened for public comments. Doreen Stevens, independent consultant for Mary Kay Cosmetics, stated she has operated her home business for over 40 years and has never received complaints. She encouraged permitting 4 -6 business visitors at a time at home -based businesses. David Triplet spoke in support of Ms. Stevens' business. Seth Eaker spoke in support of exempting home businesses from the AUP process and encouraged permitting 6 -8 visitors at a time, two times per month. Joe Kalmick also encouraged permitting 4 -6 business visitors at a time. Commissioner Comments The Commission agreed that limiting visitors to one at a time was too restrictive. Several Commissioners recommended permitting between 2 and 6 visitors at a time by business license, no more than twice a month, and setting up a special permit process for larger group gatherings. Staff suggested making businesses congregating larger 6of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 groups subject to the AUP provision. Staff noted that all businesses would still be subject to the Noise Ordinance. 2. Administrative Use Permit — Under Title 11 the Administrative Use Permit (AUP) provides for Staff review of projects that are permitted by right and would have minor impacts on neighborhoods. City Council has requested that all use applications be subject to review by the Planning Commission. Staff proposes that a new category of permit, a Minor Use Permit (MUP), be required for projects that would not significantly impact surrounding properties and would be subject to review before the Planning Commission. Commissioner Comments Commissioner Massa - Lavitt favored the AUP. Commissioner Bello suggested using the AUP on a trial basis. Chairperson Deaton stated that she had no problem with the AUP as long as it does not include amplified music. Seth Eaker spoke in support of Administrative Use Permits. MOTION by Massa - Lavitt; SECOND by Bello to adopt Administrative Use Permit for items identified in the Draft Title 11 as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None 3. A -Frame Signs on Main Street — The Draft Title 11 allows A -Frame signs on private property on Main Street, but prohibits A -Frame signs on any public right -of -way. Commissioner Comments Chairperson Deaton recommended continuing this item to the next scheduled meeting so that Staff could provide photographs of the properties where A -Frame signs would be permitted. The Commission was in agreement. Chairperson Deaton added that the Planning Commission needs to revisit the Main Street Specific Plan (MSSP) to make further determination on this type of signage. Seth Eaker spoke in support of A -Frame Signs on private property and supports revisiting the MSSP. 7of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 MOTION by Deaton; SECOND by Bello to recommend to the City Council that the Planning Commission take no action on this item at this time, but will continue to review A -Frame Signs at a future date and proposes review of the Main Street Specific Plan. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None 4. Interim Community Guidelines — The proposal is to move several design guidelines out of the Draft Title 11 and place them into a separate document entitled Interim Community Guidelines, which would make them voluntary rather than law. Public Comments The following individuals spoke in support of the Interim Community Guidelines: Stanley Smallowitz Leslie Kern Marla Smallowitz Erin Hern Seth Eaker Commissioner Comments Commissioner Massa - Lavitt and Galbreath spoke in support of the Interim Guidelines. Chairperson Deaton stated that she would not place a timeline on when to return for review of the Guidelines. She said this should be left to the discretion of the Director of Development Services, should he find that they are creating any issues. MOTION by Deaton; SECOND by Galbreath to recommend to the City Council the adoption of the Interim Community Guidelines. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None At 10:10 p.m. Chairperson Deaton called for a 5- minute recess. The meeting reconvened at 10:15 p.m. Staff suggested that the ordinance read "family member" instead of "immediate family member." 8of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 Joe Kalmick inquired about the types of complaints received regarding home -based businesses. Mr. Persico stated that most of the complaints are related to direct product distribution with people storing stock in their garages and employees coming by to load stock into their vehicles. Several Commissioners recommended limiting the number of organized classes to up to 6 people. It was also agreed that an Administrative Use Permit (AUP) would be required for amplified music during instruction, musical recitals, or when 2 or more persons receive instruction at the same time. Also the statement that Noise Ordinance regulations still apply to all home -based businesses should be included. MOTION by Massa - Lavitt; SECOND by Cummings to recommend to the City Council approval of the Home Occupancy Regulations as originally proposed, subject to the following changes: 1. Allow a family member to operate as an employee 2. Administrative Use Permit would not be required for direct product distribution within the basic operating standards for home occupations. 3. Home Occupations must comply with the City Noise Ordinance 4. Up to 6 individuals can meet at the residence as part of the home business. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None DIRECTOR'S REPORT Planning Commission Items for August 4, 2010: Minor Plan Review - 316 Marina Drive Update on Parking Concerns - Seal Beach Center, 901 -1101 Pacific Coast Hwy. Planning Commission Items for August 18, 2010: Zone Change, General Plan Amendment, Variance Conditional Use Permit, Negative Declaration — 1300 Pacific Coast Hwy. (Chevron Station) Minor Plan Review - 1101 Seal Way Minor Plan Review - 1305 Crestview An Old Town Neighborhood meeting is scheduled for Tuesday, August 10, 2010, for residents who live between 10 Street, Electric Avenue, 17 Street, and Pacific Coast Highway to discuss emergency access, on- street parking, and general code enforcement. 9of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 1 Street striping on Guava Avenue and Pansy Circle was completed today. 2 3 COMMISSION CONCERNS 4 5 None. 6 7 ADJOURNMENT 8 9 Chairperson Deaton adjourned the meeting at 10:45 p.m. 10 11 12 Respectfully Submitted, 13 14 15 � -�- 16 Carmen Alvarez, Executive Assistant 17 Planning Department 18 19 20 APPROVAL 21 22 The Commission on August 4, 2010, approved the Minutes of the Planning Commission 23 Meeting of Wednesday, July 21, 2010. 10 of 10