HomeMy WebLinkAboutPC Min 2010-12-01City of Seal Beach Planning Commission • Agenda of December 1, 2010
City of Seal Beach Planning Commission
Agenda for December 1, 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 November 17, 2010.
2. Receive and File: 2011 Planning Commission Meeting Calendar
3. Minor Plan Review 10 -15
55 Riversea Road
Applicant /Owner: Cynthia Metzger / Seal Beach Shores, LLC
Request: To replace an existing single -story mobile home with a new,
two -story manufactured home in the Seal Beach Shores
residential community. The overall height will be less than
25 feet, and the proposed structure will provide
approximately 1,234 sq. feet of living space.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -44.
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City of Seal Beach Planning Commission • Agenda of December 1, 2010
SCHEDULED MATTERS
4. Follow -Up from January 2009 Approval of Conditional Use Permit 08 -12 for
901 -1101 Pacific Coast Highway (Seal Beach Regency Center) Parking Issues.
PUBLIC HEARING
None.
STUDY SESSION
5. Property Development Standards Within the Main Street Specific Plan Zone,
Including Alley Access and Loading Zone Requirements.
DIRECTOR'S REPORT
COMMISSION CONCERNS
ADJOURNMENT
To scheduled meeting of December 15, 2010, at 7:30 P.M.
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of December 1, 2010
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, December 1, 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
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Seth Eaker invited the community to attend the Holiday Parade to take place on Friday,
December 3, 2010.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
AGENDA APPROVAL
Mr. Flower requested that Item 1 be removed from the Consent Calendar, as
Commissioner Massa - Lavitt was not in attendance at the meeting of November 17,
2010, and would have to abstain from voting on this item.
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
These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of December 1, 2010
ABSENT: None
CONSENT CALENDAR
2. Receive and File: 2011 Planning Commission Meeting Calendar
3. Minor Plan Review 10 -15
55 Riversea Road
Applicant /Owner: Cynthia Metzger / Seal Beach Shores, LLC
Request: To replace an existing single -story mobile home with a new,
two -story manufactured home in the Seal Beach Shores
residential community. The overall height will be less than
25 feet, and the proposed structure will provide
approximately 1,234 sq. feet of living space.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -44.
MOTION by Cummings; 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 -44 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 November 17, 2010.
MOTION by Bello; SECOND by Galbreath to Meeting Minutes of November 17, 2010,
as presented.
MOTION CARRIED: 4-0-0-1
AYES: Deaton, Bello, Cummings, and Galbreath
NOES: None
ABSENT: None
ABSTAIN: Massa - Lavitt
SCHEDULED MATTERS
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Meeting Minutes of December 1, 2010
2. Follow -Up from January 2009 Approval of Conditional Use Permit 08 -12 for
901 -1101 Pacific Coast Highway (Seal Beach Regency Center) Parking Issues.
Staff Report
Mr. Olivera delivered the Staff Report noting that the approval of Conditional Use Permit
(CUP) 08 -12 required that Staff monitor parking within the center and return this matter
to the Planning Commission (PC) when all of the tenant spaces had been leased, or at
the end of 18 months. He indicated that vacant spaces remain, but it has been more
than 18 months since the original approval. He indicated that after presenting the item
for review in August 2009, the PC requested that the discussion be postponed until
representatives of Regency Centers could be present. Mr. Olivera then reported that
after monitoring the Seal Beach Center Staff has observed no problems with parking.
Kimberly Masayko of Regency Centers stated that they have experienced no issues
with parking within the center, although they currently have 7 vacancies. The leasing
agent, Aaron Keswick, stated that he has had no complaints about parking from existing
tenants. Chairperson Deaton inquired about parking in the rear lot area for CVS and
the laundromat, citing the issue of delivery trucks impeding the area when making
deliveries via the CVS loading dock. Ms. Masayko stated that they will be in touch with
CVS corporate to attempt to resolve the situation and Regency has established
designated parking spaces for the laundromat.
Commissioner Cummings inquired about turning off the lights in the rear parking lot at a
specific time each night to prevent disturbing neighboring residents. Ms. Masayko
stated that she would look into this.
Commissioner Massa - Lavitt emphasized that it is important to resolve the problems
created by delivery trucks accessing the CVS loading dock.
MOTION by Massa - Lavitt; SECOND by Cummings to direct Staff to return in 90 days
with an update on the Seal Beach Regency Center.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt
NOES: None
ABSENT: None
PUBLIC HEARINGS
None.
STUDY SESSION
3. Property Development Standards within the Main Street Specific Plan Zone,
Including Alley Access and Loading Zone Requirements.
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Meeting Minutes of December 1, 2010
Staff Report
Mr. Persico delivered the Staff Report noting that City Council has directed that Staff
review the issue of alley access and that all businesses within the Main Street Specific
Plan (MSSP) Zone are operating within an enclosed building. He provided a brief
history of the development and adoption of the MSSP and noted that it has served the
community very well. He stated that 75 of the businesses along Main Street have rear
passage doors that face residences across the alleyway (doors measure approx. 8 ft.
high x 4 ft. wide), and 10 businesses have rollup metal or wood loading doors
(measuring 12 ft. high x 10 ft. wide). Mr. Persico indicated that the MSSP does require
that all work be conducted within an enclosed building with the exception of a plant
nursery, a parking lot, or a semi - enclosed restaurant. He explained that based upon the
interpretation provided by the City Attorney, a retail or service business cannot move
merchandise out onto the sidewalks or alleys for service or sale, but the MSSP does not
require that front or rear doors be closed at all times. Mr. Persico then explained that
City Council has requested recommendations on whether these provisions need to be
further defined.
Public Comments
Chairperson Deaton opened for public comments.
James Darling stated that there is a reason for the code and it should be retained as
written and enforced.
Don agreed that doors should be closed during business hours other than for
deliveries. He suggested placing signs on the alley doors stating they are to be used for
commercial deliveries only.
John Ramsey stated that the large rollup doors should be kept closed at all times other
than for deliveries.
Dave Dunton, owner of Main Street Cyclery, stated that he had an agreement with
Director Lee Whittenberg that the rear door to his business would only be open when
necessary for deliveries or when it was too warm to have it closed.
Seth Eaker stated that there is nothing in the Code that specifies that rollup doors or
garage doors must be closed at all times. He said that open customer or rollup doors
for businesses within the MSSP are dependent upon the type of business use, and
there are various levels of sensitivities related to noise within a mixed use area like Main
Street. He also questioned whether grandfathered businesses would be subject to a
different standard.
James Darling asked that the MSSP section related to loading doors be read aloud. Mr.
Flower stated that there is no such section in the MSSP.
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Diana , Manager of Bay Hardware, stated that screen repairs are done outside
in the rear alley and Bay Hardware has never received complaints from neighboring
residents. She noted that, weather permitting; the back door is always open during
operating hours.
John Ramsey stated that Staff has photographs on file showing what occurs as a result
of the Main Street Cyclery leaving the loading door open during business hours.
Dave Dunton stated that all of the operations at his shop now take place within the
building and are not visible from the alley. He indicated that it would not be practical to
install a regular passage door as there would be no circulation of air in the shop and it
would be difficult getting bikes in and out of the shop.
Don noted that Main Street Cyclery has no parking space available at the rear of
the store, so customers dropping of bikes will park in the alley or in neighboring
driveways. He recommended installing a buzzer to alert the shop when deliveries
arrive.
Seth Eaker encouraged looking at the global picture noting that sales and marketing
sometimes involve activities that are not conducted in an enclosed building.
Robert Goldberg stated that regulating passage on Main Street would not be practical,
and regulating 10 rollup doors would also not work. He suggested that the Code specify
that these doors remain closed during business hours, except for deliveries or that a
permitting process be created.
There being no one else wishing to speak, Chairperson Deaton closed public
comments.
Commissioner Questions
Chairperson Deaton asked what Staff expects of the Planning Commission tonight.
Mr. Persico stated that the direction from City Council was to review the current
language in the MSSP regarding enclosed buildings to determine whether it needs to be
revised, added to, or remain as is. Mr. Flower added that the current Code language
does not preclude any business on Main Street from having their doors open during
business hours. He indicated that the interpretation of "enclosed" means to be enclosed
by walls. He stated that the issue tonight is whether the language is adequate as
written or needs to be amended.
Commissioner Cummings stated that having a "man access" door in addition to the
rollup door appears to make a big difference. She asked how many of the 10
businesses cited have only the rollup door. Mr. Persico stated that most of these
businesses have the loading doors only.
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Commissioner Galbreath asked if all of these businesses provide street access doors.
Mr. Persico stated that they do.
Commissioner Bello asked if there have been complaints about businesses with this
type of door. Mr. Persico stated that he is aware of complaints relating to only one
business.
Commissioner Comments
Commissioner Cummings suggested that more specific language be written in the Code
to address not only doors but windows separate from "enclosed buildings."
Commissioner Massa - Lavitt stated that the MSSP should be more specific as to when
the man or rollup doors should remain open or closed.
Commissioner Bello stated that the issue is really about being good neighbors, but if
this is not happening, then the City must make some amendments to the MSSP.
Chairperson Deaton said that she is concerned with creating "an umbrella package" for
Main Street to live under, as a result of trying to address one particular issue.
Commissioner Massa - Lavitt noted that any changes to the MSSP must regulate all
businesses, even though all businesses may not have the same issue.
MOTION by Cummings, SECOND by Bello to direct Staff to return with proposals on
how to amend the Main Street Specific Plan language to address the use of rollup
doors.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt
NOES: None
ABSENT: None
DIRECTOR'S REPORT
Mr. Persico reported on the following items:
1. December 15th meeting:
a. Conditional Use Permit for retail store at 1799 Apollo Ct. (Affliction Clothing)
2. A new project submitted for a two - story, 15,000 square foot building at the
southeast corner of Main Street and PCH
3. Cancellation of January 5, 2011, meeting
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1 COMMISSION CONCERNS
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3 None.
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5 ADJOURNMENT
Chairperson Deaton adjourned the meeting at 9:00 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Assist3nt
Planning Department
18 APPROVAL
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20 The Commission on December 15, 2010, approved the Minutes of the Planning
21 Commission Meeting of Wednesday, December 1, 2010. Ce� .
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