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HomeMy WebLinkAboutPC Min 2006-10-18 City of Seal Beach Planning Commission Agenda for October 18, 2006 7:30 p.m. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. 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. V. 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, staff, or the public requests a specific item be removed from the Consent Calendar for separate action. 1. September 2006 Building Activity Report 2. Approve Planning Commission Minutes of Adjourned Meeting of September 20, 2006 - Ethics Training on Fair Processes. 3. Approve Planning Commission Meeting Minutes of September 20, 2006. VI. SCHEDULED MATTERS None. City of Seal Beach Planning Commission . Agenda of October 18, 2006 VII. PUBLIC HEARINGS 4. Height Variation 06-4 B-66 Surfside Applicant/Owner: Karen Otis / KC & Shannee Coultrup Request: To construct a non-habitable Covered Roof Access Structure (CRAS) in excess of the 35-ft. height limit in Surfside Colony. Specifically the proposed structure would exceed the height limit by approximately 4 feet 11 inches. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-45. 5. Planned Sign Program 06-2 Seal Beach Blvd. & Westminster Avenue (Pacific Gateway Plaza) Applicant/Owner: John Mehigan for Panattoni Development Company/ The Boeing Company c/o Boeing Realty Corporation Request: To approve a Planned Sign Program for the Pacific Gateway Plaza. Program will include wall signs, monument signs, and menu board signs. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-44. 6. Variance 06-3 209 16th Street Applicant/Owner: Jeanette Architects/ Devin & Sue Dunbar Request: To permit a two-car tandem garage measuring 10 feet in width and 35 feet 3 inches in depth in lieu of a standard side-by-side garage with minimum interior dimensions of 18 feet in width by 20 feet in depth. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-46. 2 City of Seal Beach Planning Commission . Agenda of October 18, 2006 7. Zone Text Amendment 06-2 Citywide Applicant/Owner: City of Seal Beach Request: To define "Automotive Tow Business," and specify as a conditionally permitted use in the General Commercial (C-2) Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-47. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT 3 Nov 08 Nov 22 Dec 06 Dec 20 City of Seal Beach Planning Commission . Agenda of October 18, 2006 2006 Aaenda Forecast Minor Plan Review 06-12 - Height Variation 06-5 Variance 06-4 MEETING TO BE CANCELED. Variance 06-5 MEETING TO BE CANCELED. 936 Blue Heron 1508 E. Ocean Avenue 1311 Seal Way 326 - 16th Street 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of October 18, 2006 Vice-Chairperson Roberts called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, October 18, 2006. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Vice-Chairperson Roberts, Commissioners Bello, Ladner, and O'Malley. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Paul DaVeiga, Senior Planner Alexander Abbe, Assistant City Attorney Absent: Chairperson Deaton Mr. Whittenberg noted that Chairperson Deaton had contacted Staff to report that she would not be in attendance at tonight's meeting. She requested to be excused. MOTION by O'Malley; SECOND by Ladner to excuse Chairperson Deaton from the Adjourned Planning Commission meeting of Wednesday, October 18, 2006. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, Ladner, and O'Malley None Deaton AGENDA APPROVAL MOTION by O'Malley; SECOND by Ladner to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, Ladner, and O'Malley None Deaton 1 These Minutes were transcribed from audiotape of the meeting. 1 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 ORAL COMMUNICATIONS Vice-Chairperson Roberts opened oral communications. Keith Newberry stated that he owns a home on 16th Street and spoke against Zone Text Amendment 06-1, which prohibits construction of three-story structures within District 1, Old Town. He encouraged the Planning Commission (PC) to visit the following websites that provide further information on this issue: www.saveoursealbeach.com and www.recallantos.com. He stated that it was unfair to not provide notice to homeowners affected by this zoning change and that adoption of the three-story ordinance was done without adequate study or relevant facts. He said families will be forced out of Old Town as a result and would discourage owners from developing these large lots with nice homes in which they could live. He said that the Planning Commissioners have an ethical duty to look at the facts and take another look at this issue. There being no one else wishing to speak, Vice-Chairperson Roberts closed oral communications. CONSENT CALENDAR 1. September 2006 Building Activity Report 2. Approve Planning Commission Minutes of Adjourned Meeting of September 20, 2006 - Ethics Training on Fair Processes. 3. Approve Planning Commission Meeting Minutes of September 20, 2006. MOTION by O'Malley; SECOND by Bello to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, Ladner, and O'Malley None Deaton SCHEDULED MATTERS None. 2 of 14 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 1 PUBLIC HEARINGS 2 3 4. Height Variation 06-4 4 B-66 Surfside 5 6 Applicant/Owner: Karen Otis / KC & Shan nee Coultrup 7 8 Request: To construct a non-habitable Covered Roof Access Structure 9 (CRAS) in excess of the 35-ft. height limit in Surfside Colony. 10 Specifically the proposed structure would exceed the height 11 limit by approximately 4 feet 11 inches. 12 13 Recommendation: Approval, subject to conditions, and adoption of Resolution 14 06-45. 15 16 Staff Report 17 18 Mr. DaVeiga delivered the staff report. (Staff Report is on file for inspection in the 19 Planning Department.) He provided some background information on this item and 20 noted that the Zoning Code (ZC) does permit non-habitable architectural features to 21 exceed the height limit by a maximum of 7 feet. He noted that the CRAS structure 22 measures approximately 35 square feet (6.5 feet in length and 5.5 feet in width), will not 23 impair the view of adjacent homes, and will be architecturally consistent with the home. 24 Staff recommends approval, subject to conditions, and adoption of Resolution 06-45 as 25 presented. 26 27 Commissioner Questions 28 29 Vice-Chairperson Roberts asked if notices been posted and/or advertised and mailed as 30 required by law, and has Staff received any communications either for or against the 31 matter? Mr. Whittenberg stated that notice was published in the newspaper and mailed 32 and Staff has received no communications on this matter. 33 34 Public HearinQ 35 36 Vice-Chairperson Roberts opened the public hearing. 37 38 KC Coultrup stated that he was present to respond to any questions. 39 40 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public 41 hearing. 42 43 Commissioner Comments 44 45 None. 3 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 MOTION by O'Malley; SECOND by Bello to approve Height Variation 06-4, subject to conditions, and adopt Resolution 06-45 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, Ladner, and O'Malley None Deaton Mr. Abbe advised that the adoption of Resolution No. 06-45 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 5. Planned Sign Program 06-2 Seal Beach Blvd. & Westminster Avenue (Pacific Gateway Plaza) Applicant/Owner: John Mehigan for Panattoni Development Company/ The Boeing Company c/o Boeing Realty Corporation Request: To approve a Planned Sign Program for the Pacific Gateway Plaza. Program will include wall signs, monument signs, and menu board signs. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-44. Vice-Chairperson Roberts asked if notices been posted and/or advertised and mailed as required by law, and has Staff received any communications either for or against the matter? Mr. Whittenberg stated that notice was published in the newspaper and mailed as required and Staff has received no communications on this matter. Staff Report Mr. DaVeiga delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that the new commercial center is to be located at the northwest corner of Seal Beach Boulevard (SBB) and Westminster Avenue. He stated that the proposed wall signs do comply with Zoning Code (ZC) maximum square footage requirements. He indicated that the three monument signs will each measure 21.5 square feet and two signs are to be placed along SBB and one along Westminster Avenue. He stated that the monument sign design utilizes materials and features that will accent or compliment the buildings to be developed at this site. Mr. Da Veiga then noted that although the maximum square footage for the menu board signs for the drive-thru is not specified in PSP 06-2, Staff has recommended that the maximum gross area between the two proposed menu boards be a maximum of 45 square feet, with a maximum height of 6 feet. Staff recommends approval of PSP 06-2, subject to conditions, and adoption of Resolution 06-44 as presented. 4 of 14 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 1 Commissioner Questions 2 3 Vice-Chairperson Roberts asked if the menu boards are to be placed in two separate 4 locations. Mr. Da Veiga stated that typically most drive-thru establishments will have a 5 preview board as you enter the drive-thru lane and the actual menu board at the 6 location where you place your order. He said that the 45 square foot maximum would 7 apply to a gross number between the two menu boards. 8 9 Public Hearino 10 11 Vice-Chairperson Roberts opened the public hearing. 12 13 There being no one wishing to speak, Vice-Chairperson Roberts closed the public 14 hearing. 15 16 Commissioner Comments 17 18 Commissioner O'Malley asked why monument signs No. 1 and 3 are to be placed at the 19 specified locations. He noted that they are not even near the entryways to the 20 commercial center. Mr. Whittenberg stated that he could not specifically address this. 21 He said that the sign along Westminster Avenue cannot be placed before the entrance 22 drive, because this property is not under the control of Panattoni Development, and the 23 other sign along SBB on the right hand corner is there to give people prior warning 24 before coming the to the first entry driveway. Commissioner O'Malley asked if there is a 25 lumen restriction on the light density and brightness Of the signs. Mr. Whittenberg 26 stated that illumination standards apply only on Main Street. Commissioner O'Malley 27 expressed his concern with the illumination for the sign along Westminster Avenue 28 across from Leisure World. Mr. Whittenberg stated that if there is a direct light trespass, 29 the City can deal with this as a public nuisance issue, and the installation of diffusers 30 can be required. He suggested adding as a condition of approval that if the applicant 31 should determine that they wish to relocate the Westminster Avenue sign to another 32 location; this would be at the discretion of the Director of Development Services, so that 33 this application would not have to come back before the PC. 34 35 Vice-Chairperson Roberts asked if Staff had received notice from the applicant stating 36 that he would not be present at tonight's meeting. Mr. Whittenberg stated that Staff had 37 spoken to Mr. Mehigan yesterday, and he had indicated that he would be present. He 38 recommended continuing this item as the last item for discussion tonight and that the 39 public hearing be reopened. 40 41 Vice-Chairperson Roberts re-opened the public hearing. 42 43 MOTION by O'Malley; SECOND by Ladner to continue the public hearing for Planned 44 Sign Program 06-2 to the end of tonight's meeting to allow for the applicant's arrival. 45 46 MOTION CARRIED: 4 - 0 - 1 5 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 AYES: NOES: ABSENT: Roberts, Bello, Ladner, and O'Malley None Deaton 6. Variance 06-3 209 16th Street Applicant/Owner: Jeanette Architects/ Devin & Sue Dunbar Request: To permit a two-car tandem garage measuring 10 feet in width and 35 feet 3 inches in depth in lieu of a standard side- by-side garage with minimum interior dimensions of 18 feet in width by 20 feet in depth. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-46. Vice-Chairperson Roberts asked if notices been posted and/or advertised and mailed as required by law, and has Staff received any communications either for or against the matter? Mr. Whittenberg stated that notice was published in the newspaper and mailed as required and Staff has provided the Commissioners with items received, which include a letter and petition in support of this request. Staff Report Mr. DaVeiga delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that the request is based on the unique triangular shape of the lot, which creates a hardship on the property and makes it impossible to design a two-car, side-by-side, garage at the rear of the property. He noted that the rear lot width adjacent to the alley is 10 feet and Staff is recommending a condition of approval to increase the proposed depth from 35 feet to 38 feet to allow for two average sized cars to fit in tandem. Staff recommends approval based upon the unique characteristics of this site and because the current residence has no garage, the new development with provide off-street parking, and the proposed design provides a unique solution for a difficult site. Commissioner Questions Commissioner Ladner asked if the width of 10 feet would be sufficient. Mr. Da Veiga stated that the width would be 10 feet throughout the garage, and this would require relocation of the stairway and loss of part of or the entire dining area. Public Hearino Vice-Chairperson Roberts opened the public hearing. 6 of 14 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 1 Jeff Jeanette of Jeanette Architects noted that this is a difficult lot on which to build and 2 he proposed a maximum garage depth of 35 feet, as anything larger would eliminate the 3 dining area and the overall adjustment to the stairway would result in approximately 80 4 percent of the upstairs laundry room being eliminated, making the home difficult to live 5 in. He noted that the residents have small vehicles and are not concerned that they 6 would not fit adequately in a 35-foot garage. 7 8 Sue Dunbar requested that the project be approved with a 35-foot depth for the garage 9 as this would allow her family to have a dining room. She noted that there will be a 10 20-foot driveway to the rear of the lot that can be used as parking space, and there is 11 also a front easement that provides for a 12-foot setback. She said her family does not 12 want to move out of Seal Beach and encouraged the PC to vote in favor of this project 13 as proposed. 14 15 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public 16 hearing. 17 18 Commissioner Comments 19 20 Commissioner O'Malley asked if the 38.5 feet is a requirement for garages. Mr. 21 Whittenberg stated that the standard requirement for the depth of a parking space is 20 22 feet, so normally for tandem parking the requirement would be 40 feet. He said that in 23 this case, the way the rear of the lot has been configured, the back wall of the garage is 24 33 feet from the property line, which allows for a car space in front of the garage door 25 without blocking the alley; however, Staff still believes that the minimum size inside the 26 garage should be 38 feet to accommodate two vehicles. He said that when looking at 27 approving this Variance, the PC must look at it long-term and not only at what vehicles 28 the current occupants may own. He said that in looking at the project plans, the zoning 29 in this area allows for a 12-foot average setback to the front property line, with a 6-foot 30 minimum, so it is possible to move that portion of the structure forward 6 feet into the 31 front setback area to allow for the dining room while still meeting the 38-foot garage 32 depth requirement. Commissioner O'Malley stated that he had a question for the 33 property owner. Mr. Whittenberg recommended re-opening the public hearing. 34 35 Public Hearino 36 37 Vice-Chairperson Roberts re-opened the public hearing. 38 39 Commissioner O'Malley asked if the downstairs portion of the home is to be completely 40 demolished and remodeled, then perhaps moving the home forward 6 feet would not be 41 a major problem. Mr. Jeanette stated that this can be done; however, because the lot is 42 so small, the front yard space is the only yard space available for the family. He 43 reiterated that two cars will easily fit in a 35-foot garage and a car can also be parked in 44 the 20-foot rear driveway area. Commissioner O'Malley noted that the City requires 20 45 feet of parking space per car. 46 7 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 There being no one other questions, Vice-Chairperson Roberts closed the public hearing. Commissioner Comments Commissioner O'Malley stated that although he understands what the applicant's wish to do, there are still City standards that have to be met. Commissioner Bello agreed, but said that given that there are options for redesigning she believes that the PC must abide by the Zoning Code (ZC). Vice-Chairperson Roberts said that he appreciates the challenge in getting this project to an optimum design, and he understands the 20-foot requirement to allow for laundry machines and perhaps some cabinets within a garage. He said that he cannot accept the argument that the applicants will purchase small cars to make sure there is sufficient room, and as noted by Mr. Whittenberg, the PC must look at the long term results of this decision. He noted that in looking at the unique nature of this lot and the size of the dining room, which is not out of proportion with any part of the house, and understanding that the Dunbar's wish to preserve the 12-foot front yard, he would vote to approve this project as proposed. MOTION by Roberts; SECOND by Ladner to approve Variance 06-3, subject to conditions, and adopt Resolution 06-46 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 3-1-1 Roberts, Ladner, and O'Malley Bello Deaton Mr. Abbe advised that the adoption of Resolution No. 06-46 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 7. Zone Text Amendment 06-2 Citywide Applicant/Owner: City of Seal Beach Request: To define "Automotive Tow Business," and specify as a conditionally permitted use in the General Commercial (C-2) Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-47. 8 of 14 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 1 Vice-Chairperson Roberts asked if notices been posted and/or advertised and mailed as 2 required by law, and has Staff received any communications either for or against the 3 matter? Mr. Whittenberg stated that notice was published in the newspaper as required 4 by law and Staff has received one letter regarding this item and Staff is providing copies 5 of photos provided by the author of the letter. He noted that the letter raises issues and 6 does not comment in opposition or in favor of this proposal. 7 8 Staff Report 9 10 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 11 Planning Department.) He provided some background information on this item and 12 emphasized that what is before the PC tonight is a Zone Text Amendment (ZTA) that 13 would establish a definition for an auto tow business and require that in order to operate 14 within the City, this type of business must be located in the General Commercial (C-2) 15 Zone, which is the most intensive use zone in the city. He also noted that this use 16 would be authorized by approval of a Conditional Use Permit (CUP) by the Planning 17 Commission. He indicated that part of the suggested language is that ultimately the 18 City Council will adopt a Policy Statement for operations of auto tow services located 19 within 300 feet of a residential zone. 20 21 Commissioner Questions 22 23 None. 24 25 Public Hearino 26 27 Vice-Chairperson Roberts opened the public hearing. 28 29 Mr. Whittenberg stated for the record that for this particular item there is no other 30 applicant other than the City of Seal Beach. 31 32 Joel Harris said he is the owner of Automotive Excellence and had also owned and 33 operated the former Seal Beach Union 76 service station for 27 years. He indicated 34 that he runs the Auto Club franchise for Seal Beach and part of Long Beach. He stated 35 that he never had any problems with towing within the City when operating at the former 36 Union 76 service station. He said he purchased Automotive Excellence in August of 37 2005, at which time he was still operating the Union 76 station with its towing business, 38 with the idea of eventually moving over to the Automotive Excellence site when he lost 39 the lease for the Union 76 station. He noted that his service is one of the top 40 performers for the Auto Club and the major problem he has with the Staff Report for 41 Zone Text Amendment (ZTA) 06-2 is the operational guidelines that make it appear that 42 he must ensure that other towing companies providing service are also in compliance 43 with the guidelines. He said that although he has a business license to operate within 44 Seal Beach, other towing companies can also tow cars into or out of the City, and with 45 the restrictions proposed against towing cars along side streets, he might be accused of 46 having his trucks driving down side streets when other tow business trucks are actually 9 of 14 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 1 doing so. Mr. Harris explained that most of the cars towed for the Auto Club do not 2 come to his business for repairs, but go to car dealerships in other cities or to other 3 repair shops. He also noted that cars are towed 24 hours a day, but his shop is not 4 open 24 hours, and if another tow business drops off a car at his shop late at night and 5 is noisy when doing so, Mr. Harris could be blamed for this. He indicated that this issue 6 began a few months ago when one resident of 10th Street complained and the police 7 were called out. He noted that he had spoken to the police department and together 8 they wrote up guidelines to attempt to limit the noise in the morning. 9 10 Vice-Chairperson Roberts stated that these guidelines are all about being a good 11 neighbor. He asked if Mr. Harris were averse to talking to other tow business operators 12 about the guidelines. Mr. Harris stated that he does not feel that this should be his 13 responsibility. Vice-Chairperson Roberts stated that from the standpoint of outside 14 services, the means of policing this issue is nonexistent. He asked how many trucks 15 Mr. Harris has in his fleet. Mr. Harris stated that he has a flatbed truck, two tow trucks, 16 and one service truck. He noted that because of the current price of fuel, they are 17 attempting to handle more calls without the use of the tow trucks. Vice-Chairperson 18 Roberts stated that the Planning Commission (PC) is not asking him to police this 19 activity, but is requesting that he ask the tow service operators to turn down their radios 20 when and attempt to limit loud noises when dropping off cars, particularly late at night. 21 He then stated that he is very concerned about long-term parking of damaged 22 automobiles on the streets adjacent to Automotive Excellence. He noted that this is a 23 prominent location in Seal Beach and he would prefer to not see wrecked automobiles 24 parked in front of the business. Mr. Harris stated that since the last meeting on this 25 issue they no longer park damaged vehicles on the corner. Vice-Chairperson Roberts 26 asked what the policy is relative to these disabled vehicles. Mr. Harris stated that by 27 law he must hold the cars until contacted by the insurance company or the owner 28 requesting that their vehicle be towed to a specific location. Vice-Chairperson Roberts 29 asked how long this might take. Mr. Harris responded that he tries to make this happen 30 as soon as possible, and he is now having the cars parked behind the business in the 31 alley, so that they are not visible from the street. 32 33 Commissioner Ladner referred to photographs distributed to the PC and noted that the 34 photos show some of Mr. Harris's vehicles parked on the sidewalk near his business 35 and parked in the Pavilions parking lot. He asked if this were typical. Mr. Harris agreed 36 that it is illegal to park on the sidewalk. Commissioner Ladner asked where the vehicles 37 are parked after business hours. Mr. Harris stated that after closing at 10:00 p.m. they 38 are parked in the auto shop parking lot. Mr. Whittenberg interjected that the discussion 39 needs to be limited to the ZTA and not to the operations of a particular facility. He noted 40 that this is something that would come before the PC at a later point in time, and what 41 the PC is considering tonight are the overall standards to be considered for a tow 42 operation anywhere in Seal Beach. He said that assuming that ZTA 06-2 is approved 43 and forwarded to City Council where would ultimately be adopted, then Automotive 44 Excellence would be required to apply for a Conditional Use Permit (CUP) to continue to 45 conduct business, and at that time property owners within 300 feet of Mr. Harris's 1 0 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 business location would be notified of the public hearing, where both Mr. Harris and any other members of the public would have the opportunity to speak on this matter. Vice-Chairperson Roberts asked how many other businesses of this type within Seal Beach would be required to apply for a CUP. Mr. Whittenberg stated that at this point Automotive Excellence is the only auto tow business that operates in Seal Beach. Eric Pedersen, 343 10th Street, stated that he lives right across the street from Automotive Excellence and there is not sufficient space to park all of the tow trucks and he is subjected to the constant beeping from the trucks dropping off of cars throughout the day and also the CB radios are loud and these trucks are being parked along 10th Street. Vice-Chairperson Roberts noted that Mr. Pedersen would have opportunity to state his specific concerns at a later time when the public hearing takes place for a Conditional Use Permit for this business. There being no one else wishing to speak, Vice-Chairperson Roberts closed the public hearing. Commissioner Comments Commissioner O'Malley stated that he feels Staff has done a good job of defining what a two truck operation is, and he believes that the actual function of a tow business as described in the Staff Report is very accurate and the proposed conditions of approval include all of the items discussed on this issue. Commissioners Ladner and Bello agreed. Vice-Chairperson Roberts stated that the CUP will basically serve as a temporary license to operate as it will usually be approved subject to a 6 or 12-month probationary period to determine whether an indefinite extension should be granted. He said that he finds it difficult to try to "clamp down" on the activity pf businesses within Seal Beach and he does feel that a tow business is a worthwhile application of resources for the City. He noted that should there continue to be concerns during the probationary period, residents would be able to bring their concerns before the PC. MOTION by O'Malley; SECOND by Ladner to recommend approval of Zone Text Amendment 06-2, subject to conditions, and adopt Resolution 06-47 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Ladner, and O'Malley Bello Deaton Mr. Abbe advised that adoption of Resolution No. 06-47 represents a recommendation by the Planning Commission to the City Council, which will consider this item at a subsequent meeting and no appeal is necessary. 11 of 14 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 1 Mr. Whittenberg added that there will be a future public hearing before City Council and 2 notice will be published in the Sun Newspaper and Staff will provide notice to both Mr. 3 Harris and Mr. Pedersen. 4 5 Vice-Chairperson Roberts then returned to the discussion for Item No.5, Planned Sign 6 Program 06-2 for Pacific Gateway Plaza. He noted that the public hearing had been 7 re-opened. 8 9 Public Hearino 10 11 John Mehigan of Panattoni Development stated that he is satisfied with the proposed 12 conditions of approval and has no objections. He thanked Staff for their work on this 13 application and said he would be happy to respond to question from the Commission. 14 15 Commissioner O'Malley asked why monument sign NO.3 is to be placed so far down 16 after the driveway along Westminster Avenue and asked if it could be placed closer to 17 the entry way. Mr. Mehigan said he was not certain why this was placed that far down, 18 but it would be no problem moving it. Commissioner O'Malley then asked how the signs 19 are to be illuminated. Mr. Mehigan said all of the signs are to have rear illumination. 20 21 Vice-Chairperson Roberts noted that the brightness of signage in town is a concern 22 currently. Mr. Mehigan stated that he believes PSP 06-2 does not deviate from the 23 existing sign standards. Mr. Whittenberg noted that it is easy to deal with the brightness 24 with this type of sign because they are usually on some form of rheostat where you can 25 easily lower the brightness level. Mr. Mehigan added that in this case the only side of 26 the property that faces residential is toward Leisure World across Westminster Avenue, 27 where the windrow of trees helps to obscure the light, and there are no signs from the 28 hotel facing Leisure World. Vice-Chairperson Roberts stated that the report submitted 29 by Panattoni was very inclusive. He asked if the recommended sign companies would 30 create a more uniform and complementary appearance to the signage. Mr. Mehigan 31 stated that unless a business has a national brand sign program, all tenants would be 32 required to use the color scheme specified in PSP 06-2. Vice-Chairperson Roberts 33 noted that the property borders two main avenues with allowable traffic speeds in 34 excess of 35 mph. He asked if Panattoni would use the formula for frontage footage 35 times 1 % for the sign area in all cases. Mr. Mehigan confirmed that this was correct. 36 37 There being no one else wishing to speak, Vice-Chairperson Roberts closed the pubic 38 hearing. 39 40 Mr. Whittenberg stated that based upon the testimony presented, if the PC wishes to 41 allow some flexibility for an alternate location for the signage, he would suggest that an 42 additional condition be added to Resolution 06-44 stating that an alternate location for 43 Sign No. 3 along Westminster Avenue would be approved if it is within 100 feet of the 44 driveway entrance from Westminster Avenue into the project area. 45 12 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of October 18, 2006 MOTION by O'Malley; SECOND by Ladner to approve of Planned Sign Program 06-2, subject to conditions, and adopt Resolution 06-44 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Ladner, and O'Malley Bello Deaton Mr. Abbe advised that the adoption of Resolution No. 06-44 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. STAFF CONCERNS Mr. Whittenberg noted that the Planning Commission meeting of November 22, 2006, has been canceled. COMMISSION CONCERNS Commissioner O'Malley's inquired about Ruby's Diner changing to The Beachcomber. Mr. Whittenberg explained that Ruby's has discussed changing the "brand" of the facility, but it will still be operated by Ruby's. He said that they are controlled by existing Conditional Use Permits for alcohol sales and these will not change unless they apply for something different. He said that Staff has had discussions with management for Ruby's but has seen no formal presentation. Commissioner O'Malley's ask if there would be any possibility of the tram being put back in operation. Mr. Whittenberg stated there is no possibility of this, as the tram causes vibrations in the supports to the pier and causes wear on the deck material on the pier. ADJOURNMENT Vice-Chairperson Roberts adjourned the meeting at 8:44 p.m. to the Planning Commission meeting of November 8, 2006. Respectfully Submitted, ~~- Carmen Alvarez, Executive Secre ry Planning Department 13 of 14 City of Seal Beach Plannmg Commission Meeting Minutes of October 18, 2006 1 APPROVAL 2 3 The Commission on November 8, 2006, approved the Minutes of the Planning 4 Commission Meeting of Wednesday, October 18, 2006. ~ . 14 of 14