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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. 3 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. 4 1 2 3 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. 1 of 7 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 2 of 7 City of Seal Beach Planning Commission 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. 3 of 7 City of Seal Beach Planning Commission 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. 4 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 1, 2010 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. 5 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 1, 2010 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 6 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 1, 2010 1 COMMISSION CONCERNS 2 3 None. 4 5 ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:00 p.m. Respectfully Submitted, Carmen Alvarez, Executive Assist3nt Planning Department 18 APPROVAL 19 20 The Commission on December 15, 2010, approved the Minutes of the Planning 21 Commission Meeting of Wednesday, December 1, 2010. Ce� . 7of7