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HomeMy Public PortalAbout1.11.11Agenda Planning Commission Regular Session (6:00 p.m.) Tuesday, January 11, 2011 "Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6"' Street during normal business hours" Call to Order: 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Chairman Balingit , Commissioner Bennecke , Commissioner Davis , Commissioner Salinas , Commissioner Smith Pledge of Allegiance Affidavit of Posting ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the Planning Commission on any matter not on the agenda of this meeting may do so now. The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Commission considers that item. All person(s) wishing to speak must fill out a "Request to Speak Form" and give it to the Deputy City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 1) Appoint one Planning Commissioner as Vice - Chair. 2) Approval of the Minutes of the Regular meeting of December 14, 2010. Recommendation: Approval of the Minutes of December 14, 2010 as presented. 3) Scheduled Matters /Public Hearings a. Conditional Use Permit No. 10- CUP -13, Request for Pawnbroker Business "Rocky's Pawn - Derosa Pawn Shop" Located at 100 E. 6th Street and 630 California Avenue Recommendation: 1) Hold a Public Hearing; and 2) Approve Conditional Use Permit No. 10- CUP-13, subject to the conditions of approval. b. General Plan Housing Element update — Municipal Code Amendments for the Sixth Street Overlay and Urban Village Specific Plan Overlay. Recommendation: 1) Hold a Public Hearing, 2) Recommend to the City Council Adoption of an ordinance that will amend Section 17.03.130 relative to "Sixth Street Overlay" of the Beaumont Municipal Code; and 3) Recommend to the City Council Adoption of an ordinance that will amend Section 17.03.130 relative to "Urban Village Specific Plan Overlay" of the Beaumont Municipal Code. Adjoumment of the Planning Commission at p.m. Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951 - 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability - related modification or accommodation Call to order: 6:00 p.m. Minutes Planning Commission Regular Session ( 6:00 p.m.) Tuesday, December 14, 2010 Roll Call: Chairman Balingit, Commissioner Knight, Commissioner Davis, Commissioner Bennecke, and Commissioner Salinas were present. Pledge of Allegiance Affidavit of Posting ORAL AND WRITTEN COMMUNICATIONS - David Castaldo - Would like members of the Planning Commission to consider more responsibility. 1) Approval of the Minutes of the Regular meeting of November 9, 2010. Motion by Commissioner Bennecke, Seconded by Commissioner Davis to approve the minutes of November 9, 2010 as presented. Vote: 5/0 2) Scheduled Matters /Public Hearings a. Conditional Use Permit No. 10 -CUP -10 and Negative Declaration No. 10- ND -09, A Proposed Wireless Communications Antenna at 1210 Beaumont Avenue (San Gorgonio Pass Water Agency) Recommendation: 1) Hold a Public Hearing; and 2) Approve Conditional Use Permit No. 10- CUP -10 and adopt Negative Declaration No. 10- ND -09, based upon the findings indicated herein, subject to the proposed conditions of approval. Staff report was given by Kyle Warsinski, Staff Planner Open Public Hearing 6:19 p.m. Vincent Ridzicki- Applicant Closed Public Hearing 6:21 p.m. Motion by Commissioner Bennecke, Seconded by Commissioner Davis to Approve Conditional Use Permit No. 10- CUP -10 and Negative Declaration based upon the findings and subject to the proposed conditions of approval. Vote: 5/0 b. Conditional Use Permit No. 10- CUP -11, a request for Live Entertainment and Alcohol Sales for On -Site Consumption at " #1 Celebrities Restaurant and Lounge" Located at 550 Beaumont Avenue. Applicant: D.B.A. #1 Celebrities Restaurant and Lounge Recommendation: 1) Hold a Public Hearing and 2) Approve Conditional Use Permit No. 10- CUP -11, subject to the conditions of approval. Staff report was given by Chris Tracy, Staff Planner Open Public Hearing 6:29 p.m. Maria Morales - Opposed John Baxter - Applicant Representative /Manager of restaurant Closed Public Hearing 6:34 p.m. Motion by Commissioner Bennecke, Seconded by Commissioner Knight to approve Conditional Use Permit No. 10- CUP -11 subject to the conditions of approval. Vote: 5/0 Adjournment of the Planning Commission at 6:34 p.m. Respectfully Su _1 Shelby Hanvey Deputy City CIE Agenda Item No. 3 ' STAFF REPORT TO: PLANNING COMMISSIONERS FROM: KYLE WARSINSKI COMMUNITY DEVELOPMENT ANALYST AGENDA DATE: JANUARY 11, 2011 SUBJECT: CONDITIONAL USE PERMIT NO. 10- CUP -13, REQUEST FOR PAWNBROKER BUSINESS "ROCKY'S PAWN - DEROSA PAWN SHOP" LOCATED AT 100 E. SIXTH STREET AND 630 CALIFORNIA AVENUE APPLICANT: ROCCO DILUCCHIO BACKGROUND: The Municipal Code of the City of Beaumont requires the approval of a conditional use permit by the Planning Commission for a pawnbroker establishment. The purpose of this requirement is to establish a formal review of such proposals, which involves conducting a public hearing and giving written notice to property owners within a 300 -foot radius of the site. Through the conditional use permit process, the Planning Commission has the opportunity to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through conditions, can be made compatible. The Planning Commission can either deny or approve the proposal, and may establish conditions of approval for the business' operations to ensure that it will not be a detriment to the community. ANALYSIS: The subject site is within a commercial retail building at 100 E. Sixth Street and a building at 630 California Ave dedicated to storage only. The proposed site plan depicts two parking lots; one with nine (9) striped spaces in the front corner parking lot and an additional eight (8) proposed parking spaces on the rear parking lot. The key issues related to approval of a pawnbroker establishment involve the appropriateness of the location and the nature and manner of operations to be conducted. The proposed hours of operation of the business are 9:00 am to 5:00 pm, Monday through Friday. With regard to location, the site is zoned CG (Commercial General) and the use is proposed inside an existing commercial building, which was previously a home furnishing retail store. The storage building located at 630 California Ave was previously used for storage of goods to be used in conjunction with the building and business at 100 E. 6 `h Street. Staff Report 10- CUP -13 Page 2 The proposed use within the two buildings would require forty three (43) parking spaces to comply with the Beaumont Municipal Code requirement of one parking space per 200 sq. ft. of commercial floor space, and one parking space per 1,000 sq. ft. of warehouse floor space. The site is limited on parking spaces, but based on the nature of the business, and the low customer traffic associated with the use, in Staff's opinion the amount of proposed parking spaces on the two lots would be sufficient for the proposed use. Access to the site is provided from California Avenue. While the retail building has a dedicated driveway approach off California Avenue, the storage building's parking lot is accessed from the City alley. Due to the increased traffic associated with the proposed use, the alley will need to be improved to the satisfaction of the Public Works Department. Another concern for this type of use is the amount of advertising and/or signs on the site. All existing signs on both buildings shall be removed. Any new signs must be applied for and approved by the Planning Department prior to installation. The rules regarding Temporary Window Signs are explained below: • Maximum = 30% window coverage, not to exceed 150 sq. ft. • Shall be limited to the first story on multi -story buildings and shall not exceed twenty (20) feet in height. • No Temporary window sign shall be displayed for more than thirty (30) days. (BMC 17.07.070) Staff also has concerns with the aesthetics of the storage building site at 630 California Ave. The site does not appear to have been improved in many years, and Staff believes it should be given a face lift to match the retail building lot at 100 E. 6`h Street. The rear parking lot shall be resurfaced and striped to the satisfaction of the Planning Department. The conditional use permit form of approval allows the City to monitor the subject use and to initiate proceedings for revocation of the permit if the conditions are violated or if the use otherwise becomes a public nuisance. Sufficient protection exists for maintenance of the public health, safety, and welfare. FINDINGS: 1) The proposed use is consistent with the General Plan. 2) The proposed project is consistent with the provisions of Title 17 of the Beaumont Municipal Code and the subject use is permitted under the CG (Commercial General), subject to approval of a conditional use permit by the Planning Commission. 3) The proposed project is consistent and compatible with adjoining planned land uses and with conforming land uses in the vicinity and, further, with the proposed conditions of Staff Report 10- CUP -13 Page 3 approval, will be accommodated by the existing vehicular circulation system in the vicinity. 4) The project, with the conditions of approval stipulated, will not detrimentally affect the public health, safety and welfare. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Hold a Public Hearing 2. Approve Conditional Use Permit No 10- CUP -13, subject to the attached conditions of approval. CITY OF BEAUMONT PLANNING DEPARTMENT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 10- CUP -13 CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A PAWNBROKER BUSINESS LOCATED AT 100 E. 6TH STREET 1. STANDARD CONDITIONS PLANNING COMMISSION APPROVAL DATE: January 11, 2011 1.1 The permit for the above referenced Conditional Use Permit and property consists of Conditions of Approval 1.1 through 1.7, Conditions of Approval 2.1 through 2.3, Conditions of Approval 3.1 through 3.11, and Conditions of Approval 4.1 through 4.3; and pages 1 through 3, inclusive. 1.2 The use hereby permitted is for the occupation of two (2) commercial buildings; the retail building totals 7,500 square feet and the storage building totals 5,000 square feet. 1.3 The permittee shall defend, indemnify, and hold harmless the City of Beaumont, the Beaumont Redevelopment Agency, its agents, officers, consultants, and employees from any claims, action, or proceeding against the City of Beaumont or its agents, officers, consultants, or employees to attack, set aside, void, or annul, an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 10- CUP -13. The City of Beaumont will promptly notify the permittee of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont. 1.4 This approval shall be valid for a two (2) year period from the approval date. The applicant must reapply to continue the use after the two (2) year period. 1.5 The development and uses entitled pursuant to the permit shall comply with the Beaumont Municipal Code and all other applicable City of Beaumont ordinances and state and federal codes. The development of the premises shall conform substantially with that as shown on site plan marked Exhibit A, unless otherwise amended by these conditions of approval. 1.6 All subsequent submittals required by these conditions of approval, including but not limited to landscape plans, grading plans, building plans, improvement plans or mitigation monitoring plans, shall be subject to the payment of review fees by the permittee as set forth herein. 1.7 If any of the conditions of approval are violated, of if the use otherwise become a public nuisance as set forth in the Beaumont Municipal Code, the conditional use permit may be revoked as prescribed in the Municipal Code. 2. AGENCY CONDITIONS 2.1 The permittee shall comply with, and shall construct street improvements consistent with the requirements of City Public Works Director. 2.2 Water facilities shall be provided in accordance with the requirements of the Beaumont - Cherry Valley Water District. 2.3 Fire protection shall be provided in accordance with the requirements to be set forth by the Riverside County Fire Department 3. DEVELOPMENT STANDARD CONDITIONS All the following conditions shall be satisfied prior to the commencement of any use allowed by this permit: 3.1 Site improvements shall be constructed in accordance with the following provisions: 3.2 All signage shall be developed in conformance with the zoning ordinance of the Beaumont Municipal Code. 3.3 Any proposed outside lighting shall be in compliance with the City's Lighting Ordinance. 3.4 A trash enclosure is provided on -site, but is inconsistent with city standards. All trash enclosures are required to have metal doors. Chain link gates are not permitted. 3.5 The rock within the existing landscaping areas shall be removed and replaced with landscaping to be approved by the Planning Department. 3.6 All existing signs shall be removed. Any new signage on the site is subject to a sign permit application from the City and must be approved and permitted prior to installation. Flashing neon signs, portable signs, flags and long -term banners of any sort are prohibited. 3.7 Any cameras and recording equipment to be used in conjunction with the business shall be easily made available to the Beaumont Police Department on request. 3.8 The applicant shall be required to register with the Leads Online system. 3.9 The parking lot located at 630 California Avenue shall be resurfaced and/or striped. 3.10 The alley between the two subject properties which provides site access shall be improved to the satisfaction of the Department of Public Works. 3.11 The proposed site of the storage warehouse (across the alley from the retail store) is presently zoned R -SF, which is in conflict with the proposed use. Prior to the use of the warehouse building, the applicant shall file an application for a Zone Change and General Plan Amendment to establish compatible land use designations. 4. FINAL INSPECTION /OCCUPANCY CONDITIONS Prior to final inspection or issuance of occupancy permits, whichever occurs first, all the following conditions shall be satisfied: 4.1 Clearance shall be obtained from the Riverside County Fire Department, and all fire protection improvements shall be in place as approved by the Fire Chief. 4.2 The Director of Planning shall monitor the subject use to ensure that the scale of the use does not exceed the limitations of the existing site improvements. In the event that the Director of Planning determines that the scale of the use has exceeded site limitations, a hearing shall be scheduled before the Planning Commission to review the permit, and consider modification or revocation thereof. 4.3 Clearance shall be obtained from the Building Department. Agenda Item No. v3 - b STAFF REPORT TO: PLANNING COMMISSIONERS FROM: CHRIS TRACY, ASSOCIATE PLANNER AGENDA DATA: JANUARY 11, 2011 SUBJECT: GENERAL PLAN HOUSING ELEMENT UPDATE — MUNICIPAL CODE AMENDMENTS FOR THE SIXTH STREET OVERLAY AND URBAN VILLAGE SPECIFIC PLAN OVERLAY. BACKGROUND: The City Council, at its meetings on November 16th and December 7`h, 2010, approved the first and second readings respectively for the General Plan Housing Update. Prior to this meeting, the Planning Commission, at its meeting on October 12`h 2010, considered this item and recommended approval to the City Council. For reference, the Housing Element is a mandated by State Law to be prepared and updated in eight -year increments, and the currently approved Element is for the period of 2006 -2014. The Element also obligated the City to revise some of its zoning criteria and standards, most of which was approved by the Planning Commission and City Council. This update was inclusive of addressing Single -Room Occupant Facilities, Caretakers Units, Emergency Shelters, Animal Keeping /Services, and Parking Requirements for Multi- Family Uses. ANALYSIS: There are two areas that were not covered as part of the prior action, but are needed to be included in the Municipal Code for conformance with this approved Housing Element. The remaining items relate to the Sixth Street Overlay and Urban Village Specific Plan Overlay, as discussed further below: Housing Element — Municipal Code Amendments Planning Commission Staff Report Page 2 Sixth Street Overlay: Current With regards to the Sixth Street Overlay, within its current context in the Zoning Ordinance, it states: "...This overlay designation provides for the development of mixed uses (residential and/or commercial) within the area the area included in this Zone District. " No specific details are provided within this iteration that addresses the standards needed to be adopted in conformance with the approved Housing Element Update. Proposed As proposed, language would be added regarding minimum lot sizes as well as density targets: "it (Sixth Street Overlay) applies to areas with a base underlying zoning of C -G (Commercial General), located on either side of Sixth Street between California Avenue and Highland Springs Avenue. This overlay provides for the development of mixed uses (residential and/or commercial), with a required minimum lot area of one (1) acre, within the area included in this Zone District. For all mixed use projects (combination of residential and commercial), fifty (50) percent of the lot area shall be devoted to housing, at a permitted density range of 20 -24 units per acre. Live /work units shall be permitted and encouraged on both sides of the north -south avenues north of Fifth Street between California Avenue and Michigan Avenue. " Urban Village Specific Plan Overlay: Current With regards to Urban Village Specific Plan Overlay, as currently adopted in the Zoning Ordinance, it states: "(Urban Village Specific Plan Overlay) applies to a specific area of the City situated between the I -10 and the SR -60 Freeway corridors. Within this area, a variety of specialized land uses that capitalize on the area's unique location are contemplated in the General Plan. The General Plan contemplates the future development of this area to include a regional commercial center, higher density residential development, and open space and recreational amenities. A specific plan of land uses will be required before any new development can take place within the area designated with the Urban Village Specific Plan Overlay. " Housing Element — Municipal Code Amendments Planning Commission Staff Report Page 3 Proposed As proposed, language would be added regarding certain density targets as required within the Housing Element. It would state: "...In conjunction with policies and programs outlined in the Housing Element, a minimum of 90 acres within the Specific Plan area shall be reserved for housing development with a minimum density of 20 units per acre, and a minimum of 21 acres shall be reserved for housing development with a density range of 12 -20 units per acre. This area will be developed in phases as development proceeds within the larger West Beaumont Planning Area. A specific plan of land use will be required before any new development can take place within the area designated with the Urban Village Specific Plan Overlay. " As proposed in the attached draft Ordinances, the Zoning Ordinance would be consistent with the Housing Element, and both would be in full compliance with State Housing Law. ENVIRONMENTAL DOCUMENTATION: Staff previously prepared an Initial Study under Negative Declaration 10 -ND -08 pursuant to the provisions of the California Environmental Quality Act (CEQA) that was considered with the General Plan Housing Element Update and remains valid for use under these modifications; based upon the finding that the project would not have a significant impact upon the environment. RECOMMENDATIONS: Staff recommends that the Planning Commission: 1. Conduct a Public Hearing on the items presented for consideration; and, 2. Recommend to the City Council Adoption of an Ordinance that will amend Section 17.03.130 relative to "Sixth Street Overlay" of the Beaumont Municipal Code; and, 3. Recommend to the City Council Adoption of an Ordinance that will amend Section 17.03.130 relative to "Urban Village Specific Plan Overlay" of the Beaumont Municipal Code. Respectfully submitted; CITY OF BEAUMONT Chris Tracy, Associate Planner ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.130 "URBAN VILLAGE SPECIFIC PLAN OVERLAY" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.130, entitled "Urban Village Specific Plan Overlay ", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A ", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT C ATTEST: Deputy City Clerk Brian De Forge, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on 2011, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT LIM 2 Deputy City Clerk Exhibit "A" Urban Village Specific Plan Overlay applies to a specific area of the City situated between the I- 10 and the SR -60 Freeway corridors. Within this area, a variety of specialized land uses that capitalize on the area's unique location are contemplated. These uses include a regional commercial center, higher density residential development, and abundant open space and recreational amenities. In conjunction with policies and programs outlined in the Housing Element, a minimum of 90 acres within the Specific Plan area shall be reserved for housing development with a minimum density of 20 units per acre, and a minimum of 21 acres shall be reserved for housing development with a density range of 12 -20 units per acre. This area will be developed in phases as development proceeds within the larger West Beaumont Planning Area. A specific plan of land use will be required before any new development can take place within the area designated with the Urban Village Specific Plan Overlay. 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.130 "SIXTH STREET OVERLAY" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.130, entitled "Sixth Street Overlay ", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A ", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this day of , 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this day of , 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF BEAUMONT LIM ATTEST: Deputy City Clerk Brian De Forge, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. duly introduced at a regular meeting of the City Council of the City of Beaumont held on , 2011, and was duly adopted upon a second reading on , 2011, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT L'In Deputy City Clerk 2 Exhibit "A" The Sixth Street Overlay applies to areas with a base underlying zoning of C -G (Commercial General), located on either side of Sixth Street between California Avenue and Highland Springs Avenue. This overlay provides for the development of mixed uses (residential and/or commercial), with a required minimum lot area of one (1) acre, within the area included in this Zone District. For all mixed use projects (combination of residential and commercial), fifty (50) percent of the lot area shall be devoted to housing, at a permitted density range of 20 -24 units per acre. Live /work units shall be permitted and encouraged on both sides of the north -south avenues north of Fifth Street between California Avenue and Michigan Avenue. A. Sixth Street Overlay Zone, Permitted Uses. The uses permitted for this Overlay Zone are indicated in Table 17.03 -4. B. Sixth Street Overlay Zone, Conditional Uses. The uses conditionally permitted for this Overlay Zone are indicated in Table 17.03 -4. C. Sixth Street Overlay Zone, Development Standards. The Development Standards for this Overlay Zone shall be the those applicable to the underlying Zoning, with regard to commercial projects, and shall be determined through plot plan review for mixed use projects. D. Sixth Street Overlay Zone, Off - Street Parking. Automobile parking shall be provided as specified in Section 17.05. E. Sixth Street Overlay Zone, Landscaping. Landscaping shall be provided as specified in Section 17.06. F. Sixth Street Overlay Zone, Signs. Signage shall be governed by Section 17.07.