HomeMy WebLinkAbout1 - PC Minutes 2011-07-201
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of July 20, 2011
Chairperson Massa - Lavitt called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, July 20, 2011. The meeting was held
in the City Council Chambers and began with the Salute to the Flag.'
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Present: Chairperson Massa - Lavitt, Commissioners Cummings, Everson (arrived at
7:35 p.m.), and Galbreath
Also
Present: Department of Development Services
Mark Persico, Director
Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
Absent: None
Chairperson Massa - Lavitt reported that Commissioner Everson would be a little late.
She also noted that Commissioner Bello has resigned from the Planning Commission
due to work commitments.
ORAL COMMUNICATIONS
Chairperson Massa - Lavitt opened oral communications.
Seth Eaker invited the public to the Summer Concert Series. He also commended the
service provided by the Seal Beach Police Department.
There being no one else wishing to speak, Chairperson Massa - Lavitt closed oral
communications.
AGENDA APPROVAL
Commissioner Cummings requested that Items No. 1 and 3 be removed from the
Consent Calendar, as she would be abstaining from voting on these items.
These Minutes were transcribed from audiotape of the meeting.
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CONSENT CALENDAR
2. Minor Use Permit 11 -3
C -6 Surfside
Applicant/Owner: Steven Sennikoff ( Sennikoff Architects) / Chris &Svetlana
Casey
Request: To construct a non - habitable architectural feature in excess
of the 35 -foot height limit. Specifically, the applicant
proposes to construct an approximate 7' -10" by 11' -10"
Covered Roof Access Structure to exceed the height limit by
approximately 4' -1 "; 7 feet is the maximum height allowed
beyond the height limit.
Recommendation: Approval, subject to conditions, and adoption of Resolution
11 -15.
MOTION by Cummings; SECOND by Galbreath to approve the Consent Calendar as
amended.
MOTION CARRIED: 4 — 0
AYES: Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: None
ABSENT: None
1. Approve Planning Commission Meeting Minutes of June 15, 2011.
MOTION by Galbreath; SECOND by Everson to approve the Planning Commission
Meeting Minutes of June 15, 2011, as presented.
MOTION CARRIED: 3-0-0-1
AYES: Massa - Lavitt, Everson, and Galbreath
NOES: None
ABSENT: None
ABSTAIN: Cummings
3. Adopt Resolution 11 -8 approving Zone Text Amendment 11 -1 for the modification,
deletion, and addition of text to various Sections within Title 11 (Zoning Code) of
the City of Seal Beach Municipal Code.
Staff Report
Mr. Olivera briefly outlined the proposed changes to the Zoning Code (ZC) as discussed
at the previous Planning Commission (PC) meeting of June 15, 2011.
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MOTION by Everson; SECOND by Galbreath to adopt Resolution 11 -8 approving Zone
Text Amendment 11 -1 for the modification, deletion, and addition of text to various
Sections within Title 11 (Zoning Code) of the City of Seal Beach Municipal Code as
presented.
MOTION CARRIED: 3-0-0-1
AYES:
Massa - Lavitt, Everson, and Galbreath
NOES:
None
ABSENT:
None
ABSTAIN:
Cummings
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
4. Variance 11 -1
602 Central Avenue (Continued from June 1, 2011)
Applicant/Owner: Alan & Lorraine Chavez
Request: To allow an approximate 1,555 -sq. ft. addition to one
nonconforming unit and an approximate 864 -sq. ft. addition
to a second nonconforming unit within the Residential High
Density (RHD -20) Zone. The property is non - conforming due
to substandard rear yard, side yard, and front yard setbacks.
The applicant wishes to maintain the nonconforming
setbacks and provide tandem garage parking for one.
Recommendation: The applicant has withdrawn the request. Receive and File
the written request.
MOTION by Cummings; SECOND by Galbreath to Receive and File written request
from applicant for withdrawal of Variance 11 -2.
MOTION CARRIED: 4 — 0
AYES: Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: None
ABSENT: None
5. Conditional Use Permit 10 -6 (Amended)
1103 Pacific Coast Highway (Wells Fargo Bank)
Applicant/Owner: Rob Jacknewitz (Permit Consultants)
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Request: For the modification of conditions of an existing CUP within
the Service Commercial (C -1) Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
11 -17.
Staff Report
Mr. Olivera delivered the staff report. He provided information on this item and noted
that Wells Fargo is petitioning to remove the requirement for a security guard on site.
He indicated that Seal Beach Police Department (SBPD) has no concerns related to this
request. Staff also recommends approval.
Commissioner Questions
None.
Public Hearing
Chairperson Massa -Lavitt opened the public hearing.
Rob Jacknewitz, representative for Wells Fargo, stated he was available to respond to
questions.
Seth Eaker spoke in support of Conditional Use Permit 10 -6 (Amended).
There being no one else wishing to speak, Chairperson Massa -Lavitt closed the public
hearing.
Commissioner Comments
None.
MOTION by Everson; SECOND by Cummings to approve Conditional Use Permit 10 -6
(Amended), subject to conditions, and adopt Resolution 11 -17 as presented.
MOTION CARRIED: 4 — 0
AYES: Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: None
ABSENT: None
Mr. Flower advised that the adoption of Resolution No. 11 -17 begins a 10 -day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
6. Conditional Use Permit 10 -7 (Amended)
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12310 Seal Beach Blvd. (Wells Fargo Bank)
Applicant/Owner: Rob Jacknewitz (Permit Consultants)
Request: For the modification of conditions of an existing CUP within
the General Commercial (C -2) Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
11 -18.
Staff Report
Mr. Olivera delivered the staff report. He provided information on this item and noted
that Wells Fargo is also petitioning to remove the requirement for a security guard at
this location. Staff and SBPD also recommend approval.
Commissioner Questions
None.
Public Hearing
Chairperson Massa - Lavitt opened the public hearing.
There being no one wishing to speak, Chairperson Massa -Lavitt closed the public
hearing.
Commissioner Comments
None.
MOTION by Galbreath; SECOND by Everson to approve Conditional Use Permit 10 -7
(Amended), subject to conditions, and adopt Resolution 11 -18 as presented.
MOTION CARRIED: 4 — 0
AYES: Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: None
ABSENT: None
Mr. Flower advised that the adoption of Resolution No. 11 -18 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. Conditional Use Permit 11 -5
612 Ocean Avenue
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Applicant/Owner: Eddie Kesky / Glen & Debbie Bickerstaff
Request: For the addition of habitable square footage within a
nonconforming single - family dwelling. Specifically, the
applicant is proposing to add approximately 638 square feet
to the second floor of a single - family dwelling with a
nonconforming rear -yard setback.
Recommendation: Approval, subject to conditions, and adoption of Resolution
11 -16.
Staff Report
Mr. Olivera delivered the staff report. He provided information on this item and noted
that homes along the ocean side of Ocean Avenue (The Gold Coast) have a 100 -ft, rear
setback. This property has a legally permitted enclosed patio structure that encroaches
into the rear yard setback. He explained that the new addition conforms to City Zoning
Code requirements and the Gold Coast Architectural Committee recommends approval
and Staff also recommends approval.
Commissioner Questions
None.
Public Hearing
Chairperson Massa -Lavitt opened the public hearing.
Ron Wikstrom, architect for the project, spoke in support of Conditional Use Permit 11 -5
and said he is available to respond to questions from the Commission.
There being no one else wishing to speak, Chairperson Massa - Lavitt closed the public
hearing.
Commissioner Comments
None.
MOTION by Cummings; SECOND by Everson to approve Conditional Use Permit 11 -5,
subject to conditions, and adopt Resolution 11 -16 as presented.
MOTION CARRIED: 4 — 0
AYES: Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: None
ABSENT: None
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1 Mr. Flower advised that the adoption of Resolution No. 11 -16 begins a 10 -day calendar
2 appeal period to the City Council. The Commission action tonight is final and the
3 appeal period begins tomorrow morning.
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5 8. Conditional Use Permit 11 -6
6 800 Pacific Coast Highway (Fresh & Easy)
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8 Applicant/Owner: Adam Mayfield (for Fresh & Easy Neighborhood Market)
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10 Request: For the establishment of a Type 20 (Off -Sale Beer & Wine —
11 Package Store) ABC license within the General Commercial
12 (GC) Zone.
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14 Recommendation: Approval, subject to conditions, and adoption of Resolution
15 11 -19.
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17 Staff Report
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19 Mr. Olivera delivered the staff report. He provided information on this item and noted
20 that a market at this location is a permitted use, with the approval required only for the
21 alcohol sales. He indicated that several issues were raised on behalf of the
22 neighborhood, which Staff has attempted to resolve by working with the representative
23 for Fresh & Easy. Staff recommends approval of the Type 20 alcohol license.
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25 Commissioner Questions
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27 None.
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29 Public Hearinq
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31 Chairperson Massa - Lavitt opened the public hearing.
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33 Adam Mayfield, representative for Fresh & Easy, stated that they are excited about
34 doing business in Seal Beach. Commissioner Everson inquired as to the checkout
35 procedure for the store. Mr. Mayfield stated that an "assisted check out" procedure is
36 used, with alcohol sales and verification of I.D. manually entered and logged into the
37 system. He noted that this is an ABC - approved method. Mr. Everson asked that Mr.
38 Mayfield describe how Fresh& Easy might mitigate noise impacts to surrounding
39 residents. Mr. Mayfield noted that landscaping and other types of screening can be
40 used, but these issues are usually addressed on a site -by -site basis. Commissioner
41 Everson then asked about after -hours security. Mr. Mayfield stated that he has met with
42 the residents who have expressed this concern and Fresh & Easy will do whatever they
43 can to ensure that this does not become a problem.
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1 Bob Bahanche spoke regarding the need for parking restrictions on the 300 block of 8 th
2 Street, similar to the restrictions on the 100 and 200 blocks to prevent Main Street
3 business employees from parking on 8 th Street.
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5 Jan Morrison expressed her concerns with the orientation and height of the store
6 building that would interfere with the view from her 2 nd story windows and create a 10 -ft.
7 pedestrian corridor for continuous pedestrian traffic and an area for transients or other
8 elements to gather late at night. She also noted concerns with the hours of operation,
9 deliveries, and traffic.
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11 Linda Krueger said she resides right behind the current Jack -In- the -Box drive thru and
12 she is to be most impacted by the new Fresh & Easy. She expressed concerns for her
13 safety and also cited the orientation of the proposed store building, which would create
14 a corridor between the rear parking lot and her back yard wall, as well as the store air
15 conditioning unit that is to be located directly across from her bedroom window.
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17 Kevin Yenisic stated his concerns with traffic along the alley near 8 th Street, and with
18 visitors walking down the alley after disembarking from the bus at the nearby bus stop.
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20 Seth Eaker stated that anything would be an improvement to Jack -In- the -Box and he
21 recommended that Fresh & Easy install signage designating employee and customer
22 parking spaces to prevent non - customer beach parking.
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24 Commissioner Comments
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26 Commissioner Everson asked if the landscape plans would be under review during the
27 Plan Check process. Mr. Persico confirmed that this would be done. Commissioner
28 Everson then inquired about the hours of operation. Mr. Mayfield stated that they are
29 requesting operating hours of 6:00 a.m. to 10:00 p.m. to allow for morning deliveries of
30 fresh food items, with no deliveries to be made after 10:00 p.m. He also noted that staff
31 and customer parking spaces would be labeled as such. With regard to the building
32 orientation, Mr. Mayfield explained that after attempting different variations, the front
33 facing Pacific Coast Hwy. proved to provide the best use of the lot area for the store
34 building and parking.
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36 Linda Krueger reiterated that she would still be subject to noise from the air conditioner
37 and when landscape maintenance is done, and she emphasized that Fresh & Easy
38 should make every effort to limit deliveries to no later than 6:00 p.m. daily. She said she
39 would still prefer that the store front be oriented toward 8 th Street and that the store be
40 closed by 10:00 p.m.
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42 Mr. Mayfield stated that Fresh & Easy has offered to minimize or eliminate landscaping
43 along the rear of the lot, to raise or lower the wall that separates Ms. Kruger's home
44 from the Fresh & Easy lot, and to replace her bedroom windows with double -paned
45 windows to help attenuate noise.
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There being no one else wishing to speak, Chairperson Massa -Lavitt closed the public
hearing.
Mr. Persico proposed that the following conditions be added to the Conditions of
Approval:
32. Installation of an 8' high wrought iron fence with a gate along both sides of the
building to close off the rear 10' setback area. The gate shall remain locked at all
times, except for maintenance purposes.
33. Security lighting shall be installed on the rear property line wall, if possible, and
directed back towards the building to minimize light spillover onto the residential
properties.
34. The Director of Development Services, in consultation with the property owner at
3328 th Street, shall review and approve landscape plans, with particular attention
given to the rear yard setback area.
35. The applicant has agreed to install two dual glazed windows along the north
facing bedrooms of the residence at 332 8 th Street, subject to the owner's
approval.
Chairperson Massa -Lavitt requested that the proposed closing time of 10:00 p.m.
remain unchanged, and that Condition 11 b, related to deliveries, be modified to reflect
"no commercial deliveries between 10:00 p.m. and 6:00 a.m., subject to a 12 -month
review."
MOTION by Cummings; SECOND by Everson to approve Conditional Use Permit 11 -5,
subject to conditions, and adopt Resolution 11 -16 as amended.
MOTION CARRIED: 4 — 0
AYES: Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: None
ABSENT: None
Mr. Flower advised that the adoption of Resolution No. 11 -16 begins a 10 -day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
At 9:24 p.m. Chairperson Massa - Lavitt called for a 10- minute recess.
The meeting reconvened at 9:35 p.m.
9. Conditional Use Permit 11 -8
Planned Sign Program 11 -1
2940 Westminster Avenue (Denny's)
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1 Applicant/Owner: Roland Spongberg (WKS Restaurant Corp.)
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3 Request: For the establishment of an extended hour business (24-
4 hours); and request for a Planned Sign Program for exterior
5 signage within the General Commercial (GC) Zone.
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7 Recommendation: Approval, subject to conditions, and adoption of Resolution
8 Nos. 11 -21 and 11 -22, respectively
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10 Staff Report
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12 Mr. Olivera delivered the staff report. He provided information on this item and noted
13 that Denny's is not requesting a Conditional Use Permit for the sale of alcohol. He
14 reviewed the Planned Sign Program, as presented by Denny's, and discussed the
15 Zoning Code standards for signage on commercial buildings. He indicated that Staff is
16 recommending that the proposed signage for the south - facing side of the building be
17 eliminated. Mr. Olivera stated that Staff had received a letter in opposition from the
18 President of Mutual 2 in Leisure World. Staff recommends approval, subject to
19 conditions.
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21 Commissioner Questions
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23 None.
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25 Public Hearing
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27 Chairperson Massa - Lavitt opened the public hearing.
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29 Paul Tannin, Director of Development for WKS Restaurant Corp., stated that all Denny's
30 Restaurants operate on a 24 -hour basis, and significant traffic impacts are not
31 anticipated due to the proposed hours. He noted that at least 2 employees would be on
32 site at all times and parking lot surveillance cameras will be installed. He requested that
33 Condition 7, requiring an armed security guard on duty between the hours of 12:00 a.m.
34 and 6:00 a.m., be waived. He indicated that they have no problem with the elimination
35 of the south - facing sign. Mr. Olivera indicated that after consulting with Capt. Tim Olson
36 and Police Chief Luhman, they are both in agreement with waiving this condition.
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38 Chairperson Massa - Lavitt expressed her concerns with too much signage and
39 recommended elimination of signage on the east side of the building as well. Mr.
40 Tannin noted that without this sign it would be difficult for cars traveling southbound on
41 Seal Beach Boulevard to see Denny's as it would be blocked by the Chevron Station
42 building. Commissioner Galbreath stated that he agrees that this sign would provide
43 better visibility for southbound traffic. Chairperson Massa - Lavitt then recommended
44 that Sign B on the north side of the building also be eliminated. Mr. Tannin requested
45 that Denny's be permitted two building signs as well as the monument sign and the
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pylon sign, with the discretion to determine where the building signs are to be installed.
The Commission was in agreement.
There being no one else wishing to speak, Chairperson Massa - Lavitt closed the public
hearing.
MOTION by Cummings; SECOND by Everson to approve Conditional Use Permit 11 -8
and Planned Sign Program 11 -1, subject to conditions, and adopt Resolution Nos. 11-
21 and 11 -22, respectively, as amended.
MOTION CARRIED: 4 — 0
AYES: Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: None
ABSENT: None
Mr. Flower advised that the adoption of Resolution Nos. 11 -21 and 11 -22 begins a 10-
day calendar appeal period to the City Council. The Commission action tonight is final
and the appeal period begins tomorrow morning.
DIRECTOR'S REPORT
Mr. Persico reported on the following items:
1. Memo from Steven Flower Re: Review of the Pending Project for the DWP
Property. The memo is to be distributed to all commission and board members.
2. Planning Commission meeting of August 3, 2011, is cancelled.
3. August 17, 2011, Planning Commission meeting:
a. Pre - Zoning Request: City Boundary Line Adjustment Between Long Beach
b. Conditional Use Permit 11 -7 — Tattoo Studio, 1500 -F Pacific Coast Hwy.
c. Conditional Use Permit 11 -9 — 1201 Marlin Ave.
d. Conditional Use Permit 11 -10 — Bamboo Grill, 12430 Seal Beach Blvd.
COMMISSION CONCERNS
Commissioner Cummings reminded Staff that she would not be present at the Planning
Commission meeting of August 17, 2011.
Commissioner Cummings then inquired about changing the meeting time to 7:00 p.m.
Commissioner Everson noted that this might present a conflict for him.
ADJOURNMENT
Chairperson Massa - Lavitt adjourned the meeting at 10:20 p.m.
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Respectfully Submitted,
Qn'N�� f., us���
Carmen Alvarez, Executive Assis ant
Planning Department
APPROVAL
The Commission on approved the Minutes of the Planning Commission
Meeting of Wednesday, July 20, 2011.
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