Planning Commission - Regular Meeting

I call this meeting of the seaside planning commission to order. Please stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Roll call. Miss Debbie Kenyon, would you please take role? Present. Present. Commissioner Rose here.

Here. Approval of minutes. Are there any corrections, deletions, or additions to the draft minutes for February 3rd, 2026? Hearing none, the minutes are adopted as written. Welcome everyone. This is the time and place duly advertised for the seaside planning commission to hold its monthly meeting. Agenda items can be initiated by the general public. Any legal property owner, seaside city council, city staff, and the seaside planning commission. Does anyone present feel the commission lacks the authority to hear any item on the agenda? Hearing none. Conflict of interest declaration. It is a standard procedure for the members of the commission to visit the sites to be dealt with at these meetings. Do any of the commissioners wish to declare an exparte contact or declare an explanation of any uh conflict of interest hearing? None. Public hearing. The following public hearing requirements apply to the items on our agenda. The applicable criteria for the hearing items are listed in the staff report. Prepare for this hearing. Testimony and evidence shall be directed towards the applicable criteria listed in the staff reports or other criteria in the plan or land use regulation which you believe applies to the decision. Failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the land use of board of appeals on that issue. The applicant will testify first followed by any others in favor of the request. Then any in opposition will testify and then the applicant will be given time for rebuttal. For testimony, we will hear from the person from in-person attendees followed by electronic attendees. When the time comes to hear from the members of the public attending electronically, there will be a feature in the attendee view that allows you to electronically quote raise your hands by clicking on

the control panel at the bottom of your screen. Phone attendees can raise their hand by pressing star 9. You will then be placed into a queue and when your time comes to speak, you will be unmuted and can address the commission. Our moderator of comments, Debbie Kenyon, will monitor this area and let us know when citizens that virtually raise their hands are ready to make comment via Zoom or by phone. Background noise must be kept to a minimum while testifying or your testimony will be ended early. Prior to testim testifying, please state your full name and your address for the record. Public hearing items. We have public hear public hearing item 769-24-00000047-PG continuence. I'll now call on the planning director to provide staff report findings uh concerning the reason for the continuence from February 3rd meeting.

Thank you, chair. Um tonight we're back with the uh Captain Kid Amusement Park. Uh this is a uh retroactive modification their conditional use permit to operate the park. Um they were here previously at our last meeting on February 3rd. U at that time a public hearing was held. There was no testimony in opposition. Uh staff has or the the commission left the record open for additional uh public comment and staff did not receive any additional comments. Um the question the commission had was regarding the uh dwelling unit that's on the property. The the uh double wide that's been installed. Um that was installed under the appropriate permits through the city of Seaside building department. And I've included the um planning approval from the PL prior planning director on how that installation was uh approved through our ordinances. I'll direct your attention to item number five in that letter which states, "This permit will be renewed by the planning director each calendar year from the date of issuance provided. The family fund park remains in operation and the housing for the caretaker remains in use pursuant to the affformentioned provisions of the letter. Um the letter states specific conditions under which that uh uh dwelling unit can maintain its status uh and also gives the opportunity to be uh removed by the city um if it's determined to be out of compliance. Nothing I've seen um through uh the applicant's current operation shows that to be out of compliance. Everything appears to be in compliance with what the standards were in that approval. Um what the letter does not specify is how the renewal process should operate. Um and the assumption is is that it would be renewed continuously

unless it's found to be out of compliance and at which point that renewal would stop. Um this is something certainly uh if the park was to sell to the new owner that the new owners would need to be made aware of the specific provisions in this approval for the watchman's quarters. Uh along with the staff report the findings and justifications and uh conclusions staff's provided two um conditions of approval and a recommendation to approve this application subject to those conditions. Uh condition one is the standard condition for minor modifications that uh can be made without uh a modification to the conditional use permit. And uh condition two is a revised uh parking plan that shows off-street loading, solid waste collection and storage and bicycle parking along with the parking spaces that uh have been uh shown in the the applicants uh current site plan. I will uh turn this over to the commission and try to answer any questions that you may have. Yep. Any questions from the commission

for for for Jeff or for for Jeff specifically or do you want to go on to the Okay. So, at this time we'll invite the applicants to come back up and have a seat if they would like to add any comment additional comments to their project.

Okay. Okay. Um, since there was no public comment submitted and no new findings outside of the topic of permanent or temporary housing move, we'll proceed with anything additional from the commission.

Thank you, Roger. Has it been decided as to when the renewal is to take place annually for this permit? It has not. And that's because of the ambiguity of the renewal process. Um, instead of the it the the specific language is this permit will be renewed by the planning director each year. It doesn't specify that a new application will need to be submitted for review and renewal. So, the date is TBD. Yeah. Okay. And is the um uh you said it's a double wide, I believe. So, yeah. Okay. Is it occupied now? Can you guys We got to get you on. Uh,

it's not recording audio unless you're speaking into the microphones. I'm not in this alone. I can tell you that right now. Yes, the building is occupied. And uh is that um a 365 uh day per year position or is it um seasonal? It's occupied uh every day every year. 365. Okay. I was just wondering. Okay. It's also needs to be in our opinion even when we're closed. I'm sorry. It needs to be occupied. Um even when we're closed, there have been some things where we've had a couple people come up and on our porch trying to get in our house and

it's just important to have somebody there watching the park. Security as well. Security main. Okay. Thank you. That's the only thing I had. I I just have a question for the planning director. I guess I could have asked this earlier. Is this the best way to handle this going forward or is could we improve this um permit with more spec specificity and process to have it be more ingrained? I'm I'm not thinking about us and our knowledge right now or the current occupants, but any future purchaser and have it enshrined more in

I I certainly think that this this is deserving of a future discussion for ordinance amendment. This is a very unique circumstance uh where it it certainly makes overwhelming sense to have 24-hour watchmen on this property because of its location, its remoteness from the main part of town. Um just just where it's at is unique and there is really no carve out that I can think of except for potentially even a variance process wouldn't work. Um, if they were to install a building and then put an apartment in a building, we could get there through a conditional use for that. That would make some permanency to it because it would be allowed in this zone. But just a standalone watchman's quarters, I I I don't see an easy path through our current ordinance except for what has been done here. But I I do think it's it would deserve some ordinance cleanup for sure in the future.

Okay. And so even under these conditions, it wouldn't merit changing some of the wording. I mean, we the table's kind of open right now as far as the conditional use permit, and we're already making up for

past vagueness and um trying to make sure we're cleaning things up. Should we be cleaning this up at the same time? Um because it does specifically say temporary watchman's quarters in conjunction, you know, and and how do we make clean this up so that we make it clear that the use that they are using it under is an allowed use as long as they're complying with these things and they re, you know, whatever that reapply is. What that what does that mean? you know, do they have to send you an email every year saying, "Hey, we're we need our reapproval or is it something that we the planning department has to send to them every year and say, "Hey, we're

the the planning department has no mechanism for tracking that and setting that out."

Which is why how do you clean this up? I I I think the way this written, although vague, works because it does give us teeth to revoke that occupancy if it's not used as approved by um this letter of approval and the conditions that are set forth in it. Um and it's pretty clear on who can use the watchman's quarters. Um it's, you know, temporary housing uh for Bruce Wrath, the owners of the family fund park, or his design. uh meaning it could be an employee or a watchman that they hire to utilize that but not general rental housing. Um now if the park changes hands then it becomes a situation with with how do we deal with that and essentially the new owner is going to have to make application for some way to keep that dwelling unit in its intent for uh what it's used for. Um, without digging further into our code, I can't make any projection of what that might look like. Our our codes are are are kind of vague in this in this world. Um, we have a a use that's in a remote location that certainly makes sense to have a watchman's quarters on there, but also doesn't make sense to have multiple houses or employee housing or something else going on out there. Um, so I think where we're at right now with it, I I don't see a path to make this more clear than how it is right here, but I'm open to suggestions if the commission can think of a path or or another option.

When can I add anything?

Go ahead, Tammy. Um, I'm just thinking for if we were to sell, which that is the plan, if it's in Bruce's name, how is that going to like transfer right away? And then the thing that I noticed on that letter, honestly, was that it said the planning director will contact you or some I don't remember how it said to renew every year. I don't want to sound like we're lazy, but it's just sometimes those things if you don't get a piece of paper in the mail or something, you're going to forget. Um, and yearly is kind of I get where you're coming from because you don't want somebody just coming in there and having parties and moving every family in there, but um, for us for sure, putting it on the market to have something that is a little more solid I feel for a potential buyer would be nice, especially his name got to be off of it. I mean, you know, it can't because if it says Bruce Wrath and, you know, obviously that would be over with. So, I don't know how we would contact, you know, talk to a buyer and say, "Okay, well, this is for you, but you guys are going to have to go." And they might be going, "Well, forget it. We don't want to have to deal with that can of worms."

Well, wouldn't that uh be part of the disclosure of your your sale, right? What would they do though if the document states that Bruce Wrath or any of his designines can live there and they take over and he's gone? Typically land use approval. So the conditional use to operate the amusement park runs with the land. It runs with whoever you sell it to.

Okay. My concern is this is a temporary permit under a temporary permit ordinance um that is within our land use codes but it's not it's not a specific use permanent use of the property. So quite frankly when that happens I'll probably need to consult with our legal counsel to see which direction to take this and it could come back that this approval you know there's there's not a clean path to approve this use. Does does it define in there what a temporary house home building is? Not that I recall. No term for that matter.

I I think that putting a definition in there of what a temporary housing or temporary living facility or what I'm missing the word there. Defining what that temporary building must must conform to. What What are we talking about as far as temporary? That's what we need to define is are we talking about the the structure itself is temporary or the term of housing is temporary. I think that's another important because this doesn't split that and it's important in this case because under your understanding and what we what you were discussing last time last month was

well it's not a permanent structure and therefore it qualifies as temporary housing when the way that housing looks at it is it's not meant to be 247 365 that's temporary housing. it's something that potentially is a shift housing or you know a week's worth of housing and then it's turned over to somebody else and you know that that kind of thing and I think we really need to refine what we're talking about. Well, what if temporary is concerned

what if as right now it's a temporary housing station uh for the current uh business of the property. If somebody came in and wanted to just erase Captain Kid alto together and that house is there, you can uh we can make it a condition that the if should there be a change of use on that property, that house has to go. I I agree. So, a ch a change of use from the um amusement park to

from an amusement park from anything from the amusement amusement park that that's when that house has to uh be 86 for lack of better lack of better terms. And and I would also I mean to the point of the owner's name being named as the person that gets to designate. I think we make it the owner of the property and the business gets to designate and take out the fact the fact that it's a specific person because we're we're building it just for this person, but that owner needs to reapply and um it could be owner occupied or their design, not Bruce Wrath occupied and their and his design

because the way that it's written, even after he sells it, he gets to decide who lives in Right. Right. So that's what I was worried about. Yeah. Yeah. Because I don't think anybody would really like that. So um section 5.050 is what

uh gives us temporary permits and it's very vague. Um it says temporary permits shall be valid for a period of not more than one year after issuance. They can be only be renewed by the with planning director approval. And in here is listed temporary housing for a caretaker or security guard. That's that's where it comes from. Um and it says the planning commission or planning director may attach conditions deemed necessary in regard to the proposed use to carry out the intent of the ordinance. So, I think that gives you teeth to uh modify those conditions. We can do it through this conditional use if you'd like. Just give me some language on what you want to put in there. I mean, if I think that we're all kind of on the same page with this and that we want to make this work and not put us in in a position where we're immediately creating a a condition that we can't keep up with. And so, um, if the temporary use permit was issued to the owner of the property and business and they were the occupier and the design of who could live there, um, and all of the other conditions, I mean, all of the other language for the most part, except for the vagueness of if anyone other than the owner will be staying in the watchman's quarters, because right now you're staying staying there and I would assume you haven't notified him to ask permission to be able to stay there. Um, so I think

Kevin Couples said he could. Yeah. So I mean I was here to say I think that we need to be careful about that language. Okay. because of housing laws. Because now we're getting into housing territory. And and do you see this as a an annual renewal or can it just be done for as long as they own it? Based on what Jeff just read, I don't it has to stay annual until we change our manner and means of permitting this. And it's tied to the business license that's annually renewed. Correct. Uh, not necessarily. No,

I think that's a great way to I think that's a great opportunity to tie it. We don't have a business license with the city of Seaside. We are not in the city. Oh, that's right. Oh, okay. Oh, that's right. You are in. We are going to encourage and we've thought about annexing in. So, there is that in our minds right now. So, so that Thank you for that because I was a little I was a little confused when you said you don't get annual notices. I'm like, they're a business. But you're That's right. You're not. Everything's messed up. Voting and everything. We don't get to have any kind of seat at all anything. So yeah. So

so in the letter under number three it says uh this permit is temporary and as such it can be revoked at any time by the planning director if the basis for the authorization becomes invalid. This would include but would not be limited to any of the following items. The manufactured home is being used for lodging by anyone other than the owner or his designate for caretaker or watchman purposes. If anyone other than the owner will be staying at the watchman's quarters, a written request must be submitted to the planning department and the planning director approves the occupancy based on demonstrated need associated with the security of the property. So

Jeff, may I correct something? I have to ask Bruce. Is where the mobile home sits in the city? It's in the city limits. Okay. Where the mobile home sits is in the city. That's the only part. It's the Our property is really strange. Mhm. I just remembered that it's in the city, right? And the rest of the park is in the county and we're in the growth management. So, just so you guys know that, I don't know if that makes a difference, but where that sits is a it's in the city with city water and is that a separate tax lot? Yeah, separate bladed lots. There's three tax lots out there. One's 10 ft, one's 90 ft, and the other one's 300 feet on the highway. So where the the mobile is in the city.

Yeah. So does the business the business is being operated out of the house? The the the business is Where is the headquarters address? At the ticket booth booth. It's 27 735 South Roosevelt Drive. And that is not on the city lot address. I 2665 I believe is the city lot. It's Yeah, it's trying. It's a humdinger. We are trying. We're trying to make as complicatedly easy as possible. Yeah. I don't I think the easiest thing would be to annex in and just Well, you know, I don't

I think Jeff's got a good handle on it. I I think if he comes up with something reasonable that everybody can agree to the the whole idea of the trailer was is it's C3 property and until a 24-hour a day business moves in there. Uh you got security problems. You know the taverns been broke into. They steal gas and just you know vagrants running around here just last week that I guess we coming up and down our field. um they they wander in and go through our garbage. It's not all the time, but it's an issue. Commissioner Cleles, just to

kind of bring this back around, are you looking to change this so that it's not specifically Bruce Wrath that authorizes who gets to stay in that house? Yes. Okay. So, I think we can I think I can write a a condition of approval on the on the park that changes an alter this alters this permit so that it's the owner instead of his specific name and they get to designate who stays in the house. Um, business owner. Yeah. Not property owner. Business owner. Okay. Right. And then we just have to be careful because they are separate lots. They could be sold separately. So at that point that that that has to go.

But that's the change of use part that Commissioner Montero was mentioning that that also needs to be you know if the that's a business as a whole changes changes then this whole thing is is has to question. Yeah. Yeah. Even if all three parcels were sold separately, of which I don't see, but if they were, then okay, so we could we could we could write a condition that says a change of the property will uh terminate this temporary permit, which at which point the mobile home has to has to go. Um,

and remove any um reference to a specific person and just make it the owner, business owner, the business owner. um and put that person in there. Okay. I'll if the commission's good with it, I'll write it before uh Chair Craft signs it, he can review it and ensure that we're meeting the intent of that what what I wrote meets the intent of what you guys want to do. Okay. Can I ask if So, if it's going to be annually and you said you couldn't do any kind of reminder, how what do you think the best way? Well, right now the way I read this is that it's just an automatic uh renewal unless you're found to be out of compliance. So, we don't have to like Yeah.

do any application paperwork or no one's going to have to. It just who who who's inspecting the property to make sure it's in compliance annually? We're we're not it would be based on complaints or if if something comes up where we see that they're the owner is not living there or they're just using as general rental housing. But that's a tough one to regulate because again you're getting into housing laws now.

So yeah and I would say that I mean the onus does lay in on the planning director from the way that I read the very condition the number five is this permit will be renewed by the planning director each calendar year from the date of issuance provided the family fund park remains in operation and the housing for the caretaker remains in use pursuant to the provisions. So you I don't think that keeps it necessarily from being an ongoing thing.

No, no, it's still required for it to be an ongoing thing, but it's the planning director that has to do the renewal, take a driveby, which is designated, which is not possible because the day that I walk out that door, that planning director is not going to have a clue that this is which is the situation I'm in right now because I had no idea this was a thing until I spoke to the rats about it. Which is part of why I'm trying. You're not walking out that door either. as a process, not for the people in the room, but right to make sure that we're tracking these processes. You you said the you said the house is located the property it's located on is a C3 zoning in the city, right? Yeah, it's all C3 property.

Can the business address be the that property address? So, it gets a business license, therefore triggers the annual renewal, and then it's operating business, the business that's just outside of the city limits, and the address doesn't change the same for anybody, but the business doing you're doing your business out or on that property. That would kind of clear it up. Is that doable? It's still dwelling unit. So, if if it was annexed in, would that be completely this would be a non-issue then? No, it' still be an issue. It's the zoning of the property for the business license. You'd have to get a business license then and all that.

That just would take care of it. There would be a trigger for the renewal. Yeah. That that's just this helping with the processes, right? I I would think that you would you would address that when somebody wants to um do a different type of business there without a conditional use permit or you know a C3 project or if they want to do something else or something else. I would think it would come to Jeff and he would say well we're going to the planning commission. We need to you got to have a plan. You got to have this. You got to have that. you know, and then you would hear of business. Yeah. But the business Amazon comes in, buys us out. Hey, what could happen?

The ordinance is pretty clear on what goes to the planning commission and what doesn't. And the the things that are approved at a administrative level are very narrow in scope compared to the totality of the ordinance. So, um this is just a a unique situation that was approved um to meet the needs of the specific location and property and type of business that's here um that we really don't have an easy zoning carve out. It it it's not it's not it's not a perfect fit. Yeah.

Um, what would be a perfect fit would be to build a office building and attach apartment to it, which would be a conditional use and approved through the planning commission. And they've done similar type projects uh around town before where they've approved those types of things. This is just unique because it's not an office building. It's not part of the operation. It's it's a standalone single family manufactured dwelling. Got it. It's very unique. I I watched the kids on the helicopter ride right out my kitchen window and the roller coaster. Okay. Is there any further discussion?

So, we're going to go with the planning director will rewrite the conditional use conditions. Yeah. And I'll incorporate those comments in. Okay. Okay. So, I need to entertain a motion from the commission. If I had the verbiage in front of me, I would move to vote. If I had the

There we go. Uh, I move to approve conditional use application. No. Planning application 7625 769250047 PLNG uh with the conditions uh listed by the planning director and added by the planning commission today. I second. Any further discussion? Jeff, do you have what you need? Is that clear enough? Yes. Okay. All in favor? I.

Any opposed? No. Carries. And correction for the record. I don't know why I have it as 769-24-000047-NG on my sheet. I copied it from somewhere. I have 24 on mine. Yep. and has two on my the next um next project had two four so it is 25 got it believe so just under that for correction it is 769-25 my apologies copy and paste okay

no hang wait hang on so did I have it wrong so the agenda has it as two four but the actual item in the packet has it as two 25. Yeah, it should be 25 for this one. Okay, that and great I believe 24 for the next one. Okay, we technicality but it is approved by the commission and thank you all very much. Jeeoff, thank you Debbie. You know it's been a long road and this is a huge relief. My birthday Friday. Hallelujah. Happy birthday. Appreciate it. appreciate your time and your work in this and thank you for all your years on this at at the amusement park. Thank you and thank you for what you guys are doing. I know it's a thankless job. Good luck. Good luck.

You'll get you'll get a notice in the mail. Thank you. All right. On to ordinance administration. Wait, what did I miss? We got one more. You're right. Yeah, it's ordinance administration. It's ordinance administration. 769-24. Yeah. So on to ordinance administration which is 769-24-000066 dash PLNG restoration house um Mr. Director.

Uh yes so the restoration house um this was a project approved in 2024 by the uh the planning commission. Um there was a lot of working moving parts for this uh including street vacations and design and potent potential design changes. Um and uh they are from what I understand getting close to submit for permits. Uh but we are backing up against I believe an April uh deadline for the um u the uh conditional use approval expiration. So, the applicant's here today um asking for another six-month uh conditional um approval, six-month extension to the conditional approval, and um I'll let him explain what's going on, but from what I understand, we're getting really close to making this happen. So,

all right. Kind of hoping you to explain it, but All right. For the record, please state your name and address. Uh Christian Zupanch 615 um Broadway Street Sweet 216 East Side, Oregon 97138. Thank you.

Here on behalf of Restoration House and this is uh this is an extension for the conditional use. I know that we've talked about this a lot um over the past year and a half or so. The the reason we're here short summary really is it's more out of precaution. um maybe not necessarily necessity. Uh this is going to be an odd or I should say just a different permitting process. Um these micro um studios that we talked about last time, that's a go. That's the good news. Um the funding is in place, so we've got everything that we need. The weird thing about this is that the construction of these units is going to be offsite. um maybe like a manufactured home for example and then when they're all ready they're going to get dropped in but they also involve a separate state permitting process. So things are underway but they're not necessarily underway on site and with the city's permitting with the city's building department. So, they will be um we're definitely going to be submitting all this stuff in conjunction, but it's I think it's pretty brand new um if I'm correct, Jeff, that this is kind of unusual for our own building department. So, for now, um I I don't have Stuart Emmens here, but we're either applying for or either applied for the demo permit for that back house that's sitting in the estuary. And so, that will be the first item is to take that thing down. uh and we have arrangements for the person who's living in that house to move inside to the main house and shift some things around in the office. So, this is definitely Tetris uh the way that we're having to do this, but we do have a plan to move that resident inhouse, demo that uh

particular house that's in the estuary. Once we do that, um, that should count as substantial construction. And that's really why we're here is that, uh, we have to start substantial construction before the permit expires. And the question is, what's substantial construction? Can it occur offsite in a factory? Uh, can it be through a different permitting process through the state? We don't know. So, in an abundance of caution, asking for an extension so we can just keep things moving. Thank you. Yeah. and and my understanding, Jeff, from conversation was that the demo would trigger the the substantial construction. So that that would be my interpretation. Yes.

Okay. All right. Any discussions from the commission? Um yeah, Christian, when was the uh uh well, and you would know this, too, Jeeoff, when did the city council approve the street the street vacation? That was um was last year I think about halfway through the year if I'm right. I was wondering summertime. Yeah, I think in summertime it took quite a few meetings I think cuz it's that's how right away vacations go. But

um and I think we came back for an extension right after that approval um to let you know that it had happened. So I believe the last time I think it was almost 6 months ago probably that that had happened because I remember coming here and saying we just got the right of way vacation so can we an extension to keep going. And what is the what is the first thing that has to be done? What is the order of importance and sets this all in motion other than the mods being built off site? Um the the first thing of order is probably to demolish that back house.

Um we'd rather not do it right away because it displaces the resident that's there, but we may not have a choice. So, uh we want to get this going. I don't want to push extensions any longer than I have to. So, if that's what it we'll do to to substantiate or to create a substantial construction, that's what we're going to do. We're going to demo that house while these units are being applied for and constructed offsite, get that resident inhouse, and then when those things are being constructed, if we've demolished that back house, we satisfied the deadline for um you know, meeting the conditional use of permit deadline. If that's the case, we should have what we need. So, to answer your question, I think it's getting rid of that back house, which we we're just going to have to do in the next 6 months.

And then you have to still apply for your building permits. Is that right?

Actually, two different sets of permits. Yeah. One through the city and then one through the state because it's a separate state permitting process to actually build these micro studios. And I don't know that much about it. Our architect, Stuart Emmens, who was here last time, knows much more about it. he's the one that's going to be handling handling all that permitting process, but it's going to be two two sets of permitting, which again is different. Um, you know, cuz how do we how do we run that exactly through the permitting process at Seaside? I I think it's something they haven't seen before. Um, so again, another reason I'm in front of you is because how do we know if that's that constitutes substantial construction?

Well, and you know, how do you know you're going to be approved either? And then you just demoed a house and displaced a resident. Right. Right. So, Right. 22. Yeah. Displacing that resident displaces another resident. doesn't or it occupies a space that somebody else could.

No, we're um we're basically vacating the office that Brad, the executive director, was occupying, turning that um into a temporary space, I think, for for a resident and just moving the office somewhere else. So, we're just doing what we can to kind of shift things around while construction is taking place. So everything is temporary at this point and it's it's going to be a trick timing wise to get all this. So we are crossing our fingers that all the permitting happens and that it's all granted but um that may be a risk we have to take. Okay. If you uh if you said it I I I missed it. What's the timeline for the state approvals?

I don't know. Um that would be a question for the architect. But if we demo the back house, it should meet our purposes for substantial construction for the city's conditional use permit. So that gives us more leeway for however long that state permitting process may take. Um at the same time, we're going to be applying to the city and and saying, you know, there is a concurrent permitting process going on with the state and I don't know how they'll handle that. I have no idea because it's different for them as well. house is a novel issue. There's going to be a significant amount of site work that needs to be done outside of just demoing the the house. So, yeah,

um it as it comes to the city, whether or not the permits are in place to construct those um modular units, uh there there'll be a site development permit that'll be needed to put the utilities underground and move dirt back there. So, there's other construction types that'll need to take place before those are actually built on site, including a retaining wall, right? Um because that's all got to get built out once that house is gone. And those will all be through a civil permit through the city that be reviewed by our building department and public works department. And all of those qualify as substantial construction. Yes. All right. Yep. Any further discussion,

questions? Okay. Okay. Do I can I get a motion from the commission? I move that we approve uh 769240066 PLNG. I'll second. Further discussion. All in favor say I. I. I. Motion carries. You have your extension. All right. Thank you guys very much. Hang in there, Christian.

I would hope that some of the some of the legislative things that are happening to ease construction and permit um pre-fabricated homes helps and doesn't hinder the process. Yeah, we're hopefully going to be a model for some affordable housing, especially single occupancy for for this type of I notic they've used it in story already it sounds like so there may be some help to speed that along if if it's already something that's been done so right right thank you thank you

all right continuing ordinance administration conditions of approval discussion minor versus major modifications to a project Uh do you want me to take it or

I can start? Um uh the chair wanted to have this discussion. And I wanted to have this discussion um regarding condition number one that is put into all conditional use permits. And from what I understand, this was a um a standard condition that was implemented before my time that uh discusses minor modifications and and how they can be approved by the planning director um without going back in front of the planning commission to uh for a a modification of a conditional use permit. As the commission has seen a few times now, um we've brought projects that uh has a modification to them that could be considered minor, they could be considered major depending on perspective and and the type. Uh with that, staff was just looking for a little more clarification on what the commission would want to see those come through. So, it's a little more than just my discretion um as as this is a condition or do we just remove this condition altogether and modifications just automatically come through uh the the the planning commission for review? Okay. Open for discussion. Well, I'll kick it off with the discussion that we had last month um which spurred this which from my perspective when some when a project changed significantly which is 50% impact neutral um that's no longer the same project that was approved by the planning commission and so therefore it should be coming in front of the planning commission um to decide. Um last month's decision the planning commission decided that the change was was impactneutral and or beneficial to the surrounding properties and and based on the land

use. But to me that didn't qualify as a you know I stated in my mind that's not minor because you changed more than 50% of the project that you introduced and proposed to the the planning commission. So, um, it feels to me like again this is an opportunity to change something that is entirely based on the interpretation of the person in the role rather than the role and to set some guidelines uh for the person to be able to follow and back themselves up with if something were to be questioned ever. Um, I think is good for the planning commission to do and establish what is what does it mean? you know, if it's this percentage of the project, if it's this type of thing, if it's an impact on the neighbors, if it's, you know, what determines when when it's not just one person's decision, it's the commission's decision. the uh the um application that you were referring to last month, I didn't have a problem with it being turned over to the planning director because the the conditional use itself was not affected. It was the square footage of the property and it was reduced. The footprint was reduced. So that that was fine with me, but it wasn't the the conditions that we originally agreed on when the initial uh decision came down to begin with. So I mean it wasn't changing the use from, you know, a fast food restaurant to a clothing store. You know what I mean? Neither of those which apply. But that was my reasoning to go ahead and defer that particular decision to the planning director. And I was just using that as an example for, you know, my reasoning in that one for being against that being a minor was

because it was changing more than 50% of the project that had been proposed. That was my measuring stick, but everybody gets to have their own measuring stick. And how do we create one that is objective for the director of and that's why we're here. I think the point about the the 50% is well taken. I think that the the difference might be if you know if the footprint of whatever is being built changes, that would be a reason to come back in front of the planning commission. But if it's the same basic layout and a less intensive use, I feel like that is probably best left up to the planning director.

Then I have an example. So if that let's let's use the same sort of footprint example and it had been proposed and brought before the planning commission as um storage units on the first level but housing on the second level and they decided they were eliminating the housing on the second level. It still hasn't changed the footprint. It's less intensive. Is that then a planning director's decision? But those are two different uses within the same building. They didn't impact any change. Is that a minor change or or does that come before the planning commission? The same things apply to what you just in in that specific situation it would be a change.

And that's how I would look at it. You're changing the use. The use was apartments, residential, storage, you know, commercial on the bottom. And now you've eliminated the use. So you've effectively changed the use which according to the condition it says uh these could be required to comply with other code issues applicable to the request or reduce impacts to the neighboring property. Any major changes and I would consider that a major I would too

change that because the use is changing which does the code does not give me the authority to to do that at all. I would I would say as long as the use doesn't change, the footprint doesn't change, and it's a reduction of the size of the project, those to me would fall under I I would say that the the planning director could approve without coming to the planning commission. If it's reduced and the footprint is changed, that changes it for me. If the use has changed obviously you like you already said and if it's an increase in size of the project or size of the building then that to me is a criteria for triggering back to the planning commission because then we're talking about parking spaces then we're talking about you know impact to the the neighborhood. I think if you like with that particular project they reduced you know they reduced the the they went to a single level that is a positive change for the neighborhood in my opinion. So that would be my criteria. If the use doesn't change the footprint doesn't change and it's a reduction then it doesn't need to come to the planning commission unless somebody has a an example of where that would be a negative type thing. So, if it was approved, if we're not talking about that project, if we're talking about a different project that is housing, let's say, and somebody proposes a a quadplex and then decides halfway through, nope, they're not going to do the two on top, they're just going to do the two on bottom, then they're not I know that quad and duplex changes the rules, but just as a

for simplification purposes, you know, you you built a you're going to build an apartment building and it's 15 units. That's what you proposed to us. We gave you a conditional use because of whatever reason we needed to give you a conditional use for. And then you decide you're only going to build 10. But the conditional use wasn't for the number of apartments. It was for the apartments. Okay.

If they were to change it and say if they were do just the opposite and say, "Okay, so we're not going to we're going to do resident on bottom, commercial on top, it changes the use." But it is like she said, it's not. It's can this apartment complex be there? Yes. We don't have any governance over saying um yeah, you can put your apartment there, but you could only have x amount of units. Correct. Depends on it depends on the zone. Well, but from the planning commission, it would that's a that's a a um a building department thing. Correct.

Not necessarily. Uh because in certain zones, we have density requirements. In the commercial zones where you guys do see apartments approvals, we don't have density requirements. We also don't have minimum densities. So, if this was a situation where we had minimum densities, they'd be bound by code to build to the minimum density, which we will be having that discussion in the near future as we're working on our housing codes. So, keep that in the back of your mind. Um, but you could also look at it as it's a reduction, but do you want to set a percentage? So, if it's they're building 10 units and they decide to reduce it by 20% or more, does that trigger a major change

or 25% or whatever the commission wants. Does that trigger that major change where it comes back or do we just, you know, thanks for picking up what I was trying to say. Well, that does make you say I did say it. Just I oversimplified it. Yeah. Yeah. you know, rather than building um 20 low-income housing affordable units and decide to build five luxury in the same building, that changes. Yeah.

So, so then what how would we quantify that when we say a percentage? Is it percentage of square footage? Is it percentage of units? Is it I I can't we we can't I don't think we can can um not detail, but u you can't list every possibility. I think you could list a percentage and if as long as that number is the same across the board whether it's square footage, dwelling units, uh the project changes by X percentage then it has to come before the plan. I think we're going to run into in the future like X percentage of what? Just just

Yeah, absolutely. But that's when they come if if an applicant comes in and says we're reducing the size of the the footprint by 25%. Or we're s reducing the overall square footage by 25%. Well, then that could trigger that. Okay, that could be that trigger. So defined by the applicant, not by the the the defined by the project. The commission sets the percentage the project because those are all variables. Um, y the project could depending on what the project is and what are those measurable quantities that could dictate what the the changes.

The director just needs to know am I authorized to to make a decision on this or not.

And I don't think of using a it's reducing it or it's increasing it one of them is better and one of them is not is be is one of them's good and one of them is bad. I don't think that's an objective standard for the director to be able to look at something with. But if the project changes by a percentage amount, that's an easy one for him to be able to say to the applicant, this changes the project by this much. I can't make that decision. It has to go before the planning commission. It's not then just, you know, hey, just, you know, do me a favor. And I would I would venture to say that only that threshold only applies to reductions. Increases need to come back to the

absolutely. So I just want to clarify. Yeah. Okay. So then what is what does the commission want to see? What well commission but for you in the position? What is your what would be your ideal?

I I I really have no opinion one way or another. Okay. Um it's it's I think something the commission can discuss and decide what's appropriate and what's not. U as long as it's not increasing the intensity on the neighborhood. Um I think we're in we're in a good shape there. Um, so I think a blanket percentage is is easy to work with uh as far as uh applying this uh condition of approval and and sticking to it as opposed to okay, we're in a situation where I really don't know. Let's go to the planning commission anyway and just chat with them about it. I don't know that I'm comfortable to just grab a number out of the air.

Well, it really comes down to what's the trigger for you for a substantial change, a major change? What percentage triggers that? Do we have any known examples of that in any other anywhere else any not not here but outside of of seaside? No. And I don't know if many other jurisdictions or if other jurisdictions use a standard condition such as this one. That's the other option too is to eliminate the standard condition. To eliminate the standard condition. So that would automatically come back in front of the planning commission

if there were material changes. Yes. Reductions, increases, eliminations of parking, that type of thing. unless they apply another state law or avenue to get around parking requirements. You know that

I'm I'm not a I'm not a 100% great with that because I think then how many projects would be coming back to us for hey we wanted to eliminate one bedroom to increase this and it's like okay that's that that's now getting a little too nitpicky. A lot of modifications that we approve end up happening because of what we do here doesn't always translate to what the building codes require and the building codes are ever changing. So what you approve here may end up translating to a couple of feet this direction or a couple of feet this direction when you actually get on site and start building projects because this is the front of the line.

This is the front of the line and things change as we go. M

um but the I don't think I've had an issue yet where we've changed dwelling units uh numbers like the number of dwelling units as as part of a a condition uh project. Um we've done it with other projects that were uh in the R3 zone apartment complexes because state laws were able to be applied for and we were able to get a couple extra units out of it. Um, but the biggest examples we've had of this so far were the last two that you guys have seen with Restoration House and the previous storage unit facility. They restoration house didn't really change the use at all or the dwelling unit numbers of their project. It just changed the type of building that they were constructing constructing. Uh, which also helped them not displace all of their tenants while the remodel was going to happen. Now that doesn't have to happen, but um to me that you know could have gone either way as a modification to the conditional use through a formal process or um a minor modification because the use didn't change, the number of units didn't change, the occupancy didn't change, just the construction method and type of building changed. Well, I would say with in that case, I mean, the type of building changed, which makes it a major change. It, you know, your purpose is still the same, but as far as impact in the neighborhood, changing what kind of, you know, the building is not going to be one building anymore. It's going to be an entirely different type of structure and and housing. And so, yeah. How how many of these types of situations like that they've come with a percentage of change?

That would have to be a calculations that's done. We don't ever calculate the percentage right now, but that's something we could easily do in the future. And this isn't something that has to be decided tonight, too, by the way. So, don't don't feel like we can't continue this discussion um for the next meeting. I'd like to um I will do some searching on what on if I can see if there's any if there's any other examples out there. President. Yeah. Okay. So, good tableabling it and for further discussion. Yeah.

Okay. All right. Uh comments from city staff. Um, I would I talked to Jeff as I was um as the confidence was given to me to be the chair. Um, I would like to put out there that uh from comments from the city staff. I'd like to specifically hear an update on department on what the department's been working on and projects approved uh since our last meeting that doesn't things that don't come to the commission. Is there anything that we

It'd be great to hear about some of these other things than just what just we're here for. Uh we've had and uh we've had quite a few single family dwellings get permitted recently. Um those are starting to slow down. We're seeing a lot more remodel permits come through. Um just minor minor projects, decks, some additions, some other things. As far as a planning uh the planning side of thing, I think the only and this has been the first one in a long time. It's been it's been probably over a year since I've seen an application that's a director level approval that's a land use application and not tied to construction of a a dwelling or something like that where I just review the site plan and make sure that they've got parking lot coverage and everything else. Uh which is a setback reduction. Haven't seen one of those in in a little while. Um so as far as land use applications, you guys are seeing most almost all the land use applications that have come through. Um, I will give an update. Uh, quick update. If you saw the city council presentation a couple of weeks ago, uh, we've got about 418 dwelling units in the pipeline right now. Um, or that have been constructed, such as the Hawk EI since 2022. So, we've got a good amount of apartments um, that are getting ready to lease up. I think two of the buildings on holiday are already leasing at Riverrun. I know at least one over at TLC, Dutch Brothers area is got a COO and they're I think advertising to start leasing up. So, we're handing out COS for some of this construction that's going to start filling up with with people,

which is great. Excellent. Yeah. Excellent. Miss Kenyon, I have nothing.

Okay. Uh are there any Oh yeah. Are there any asks of the commission before we get the comments from the commission? Are there any asks from the commission that we can add to the agenda to discuss or any topics that you would like to uh be added to the next um I'm going to ask this every month. So if you come with something that you want that you have something on your mind because as a planning commission we are more than just sitting here approving and discussing things. We're also supposed to be um or charged with helping improve or or yeah improve the the city for the the residents.

Thank you for the question. I don't have anything at the moment. Okay. I'll make a list. Okay. All right. Comments from the commission. Miss Clelesc, uh it's been a busy month. seems like stuff with housing and in the land use world are uh at a high peak level right now. So, uh I appreciate being here and and not being in a leadership role and having passed that off. Um yeah, I'm looking forward to further progress on our comp plan.

Mwah. Congratulations to the both of you and thank you for stepping up and not running away. Um other than that uh it has nothing to do well it kind of could be planning commission would really like to push the main street movement for the city of Seaside. Absolutely. If you're not familiar with it yeah and uh that's it. Okay, Mr. Mitchell. Yeah. Uh looking forward to discussing the possible changes in the comp plan and the main street or is also on my radar. I like that one.

Great. Um do we have anything? We have nothing on for April. Correct. As far as actual agenda agenda items, uh we have no land use correct for April. We will have an agenda though and it'll likely be the comp plan. And I think we got the final comments back from DLC on Friday that we were expecting. So they're working on those right now.

Um plus as you guys are looking at things to discuss and uh learn about u middle housing density minimums, lot sizes. These are all things that are going to come up for discussion um as we move forward with our code update on uh on housing. Um, so, uh, we can start poking around what other cities are doing. Think about it on where as we have taken up a lot of our big tracks of land to build housing, the next option is to infill if we continue to grow at the rate we're growing. Um, infilling into our dense neighborhoods with with more housing would be the option to continue building housing if that's the path that the city goes down. So, keep an eye on that. Uh, I I do anticipate having a meeting in April and um hopefully a comprehensive plan discussion on all the comments we've received. Uh, which I believe I sent out all of your guys' comments to you. I'm going to work out a way to get all of the comments on the website so that they're all there.

Clarification, it will be the second meeting slot in April, not the first one because you have to do public notice, right? We're notice we're still waiting. I'm still waiting to see if we're going to do the first public hearing. It it may not be a public hearing at that time, but it will certainly most certainly will be a discussion with the okay the commission. Um my thoughts are to make sure you guys are good with our comprehensive plan before we go to the public hearing phase and you guys will get the first public hearing here. So

um we do have to give notice to DLCD 35 days before that hearing. Uh but I want to make sure this commission is comfortable with the the plan as it's written before we move it forward. And will we have access to to the uh uh DLCD uh comments that you've received as well? Yeah, they are getting incorporated into the plan into Okay, so awesome. That's what our consultants are are writing down. So the DLCD comments aren't necessarily suggestions. They are you will do this. Most of them a lot of them a lot of them are. Um if we have something wrong that's state law required, then that's not a suggestion. That's a change,

right? Uh, some of them are suggestions on adding things because a lot of the DLCD staff is in tune to rulem that's going on of things that may come down the pipe that we're going to be forced to have to adopt by state law. Might as well do it now. Yep. Get it done and not have to go back through another process uh in a in a year when the the rulem is completed. So, I would say yeah, especially in the housing area. the housing area and um uh what's the other one that's coming down? Tribal uh there's tribal notification requirements that are coming down. Those are going to all areas all get pushed out to us. So, I'm I'm hoping we can incorporate all of that into one

uh one new comp plan and code update so we're not constantly having to go back and do it. Great. Thank you. Uh and then for me uh was a very very busy month at the hotels. Um PBL is great. We are so happy that they came and it that season portion is is done. Um and then uh I will not be present for the May just giving you away for a little bit of notice there. Um I will not be here for the May uh meeting. I will be in Vegas uh for a convention. So

you you tell people that you're in somewhere else. You don't say Vegas. Oh, sorry. For me, it's Vegas again. I This will be my 25th trip in 10 in 11 years. So it's like Vegas is Vegas. It's there. So So I'll be going somewhere else for that month. So okay, with that, if there's nothing else, means a journey. That means you're on, buddy. I know.