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HomeMy WebLinkAboutPC Min 2006-12-06 City of Seal Beach Planning Commission Agenda for December 6, 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. October 2006 Building Activity Report 2. Approve Planning Commission Meeting Minutes of November 8, 2006. 3. Minor Plan Review 06-14 74 Riversea Road Applicant/Owner: Sheila Oden/Seal Beach Affordable Housing Corp. Request: To add a new second floor cabana with 494 square feet of living area to an existing trailer in the Seal Beach City of Seal Beach Planning Commission . Agenda of December 6, 2006 Trailer Park. The overall height would be less than 25 feet and the proposed structure will provide a total of 1,034 square feet of living space. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-57. VI. SCHEDULED MATTERS 4. Adopt Resolution 06-50 recommending approval of Variance 06-4, a request to permit a wood fence ranging from 7 feet 3 inches to 8 feet 3 inches in height, and an 11-foot high wind screen structure within an interior side yard in lieu of a maximum height of 6 feet permitted by the Zoning Code at 1311 Seal Way. VII. PUBLIC HEARING 5. Variance 06-5 (Continued from November 8, 2006) 326 E. 16th Street Applicant/Owner: Daniel Hill/Thomas & Sandra Schloessmann Request: To permit 1. A second floor addition along an existing nonconforming setback of 3 feet in lieu of the minimum setback requirement of 3 feet 9 inches. 2. To permit the existing garage to remain along a nonconforming setback of zero feet along the easterly property line, in lieu of the minimum setback requirement of 3 feet 9 inches. 3. To permit the existing garage to remain with a nonconforming rear setback of 5 feet in lieu of the minimum setback requirement of 12 feet (to meet the required 24-foot turning radius). 4. To permit the garage to remain with a nonconforming interior depth dimension of approximately 17 feet in lieu of the minimum required interior depth of 20 feet. Recommendation: Pleasure of the Planning Commission. 6. Conditional Use Permit 06-5 620 Pacific Coast Highway (Finbar's Italian Kitchen) Applicant/Owner: Joseph Barbara/James Watson 2 City of Seal Beach Planning Commission. Agenda of December 6, 2006 Request: To permit a modification to the hours of operation and to provide live entertainment between the hours of 7:00 p.m. and 1 :00 a.m. within the lounge area of an existing restaurant. The new hours of operation would be Monday through Thursday from 11 :00 a.m. to 10:00 p.m., and Friday and Saturday from 11 :00 a.m. to 1 :00 a.m. Recommendation: Approval, subject to conditions as recommended by Staff and adoption of Resolution 06-53 as presented or as may be revised by the Commission after consideration of public testimony. 7. Conditional Use Permit 06-7 900 Ocean Avenue (Ruby's on the Pier) Applicant/Owner: Ruby's Restaurant/City of Seal Beach Request: To permit outdoor dining. The same plan was previously approved by the City in 2003 and the approval has expired. Additionally, Ruby's has a beer and wine license, the CUP includes an amended floor plan to include the outdoor dining area with respect to beer and wine service and minor modifications to the interior seating plan to provide for access to the new patio dining area from the restaurant interior. The outdoor dining are will seat approximately 49 patrons and will include seven 4-person tables, one 6-person table, and 15 seats along a counter which will face out towards the end of the pier. AS part of this application, the applicant is proposing to remodel the City bait and tackle shop to accommodate new public ADA accessible restrooms, a new sink to clean fish, expanded ADA access along the pier, a new trash enclosure with a roll down door, and minor changes in the layout of the pier to help aid in emergency services access. Recommendation: Approval, subject to conditions as recommended by Staff and adoption of Resolution 06-54 as presented or as may be revised by the Commission after consideration of public testimony. 8. Site Plan Review 06-1 Conditional Use Permit 06-8 3 City of Seal Beach Planning Commission. Agenda of December 6, 2006 1709 Apollo Court (Plastic Industries, Inc.) Applicant/Owner: Plastic Industries, Inc./Overton Moore Properties Request: Conditional Use Permit approval for permit 24-hour business operations and Site Plan Review to allow for two, 34-foot high "silos" and related utility equipment to be installed generally at the southwest corner of the building. Recommendation: Approval, subject to conditions, and adoption of Resolutions 06-56 and 06-55, respectively, as presented or as may be revised by the Commission after consideration of public testimony. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT TO SCHEDULED MEETING OF JANUARY 3,2007 4 Dec 20 City of Seal Beach Planning Commission . Agenda of December 6, 2006 2006 Aaenda Forecast MEETING TO BE CANCELED. 5 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 December 6,2006 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, December 6, 2006. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Deaton, Commissioners Bello, Ladner, O'Malley, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Alexander Abbe, Assistant City Attorney Absent: None AGENDA APPROVAL Mr. Whittenberg noted that Item No. 3 on the Consent Calendar, Minor Plan Review 06-14 for 74 Riversea Road, has been tabled as the applicant's request cannot legally be approved at this time because the state has not yet changed the regulations. He indicated that this item would not be acted upon tonight. MOTION by O'Malley; SECOND by Ladner to approve the Agenda as presented. MOTION CARRIED: YES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Bob Black, 132 12th Street, stated that he owns two lots, one vacant, and he had planned on retiring in Seal Beach, but he may have to change his plans since he will no longer have the right to build a three-story home. He said that this ordinance has split 1 These Minutes were transcribed from audiotape of the meeting 1 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 the community, and he has joined the Save Our Seal Beach (SOSB) group, which will 2 be monitoring and assessing future decisions made by the Planning Commission (PC) 3 and City Council (CC). He commented that SOSB would monitor the abuse of eminent 4 domain by the PC and ensure that these unlawful practices are not repeated, such as 5 failing to provide proper notification of the public hearings conducted on this ordinance. 6 7 Eldon Alexander stated he is a member of SOSB and completely agrees with Mr. 8 Black's comments regarding public notification. He said he is angry about having had to 9 spend his time working on a referendum to overturn Ordinance 1553. He indicated that 10 he will work tirelessly to prevent this from happening again and stated that the PC had 11 violated the 5th Amendment of the U.S. Constitution by eminent domain abuse, and 12 legal counsel did not correctly inform the PC regarding what they needed to do. 13 14 Joyce Parque provided the web address for SOSB (saveoursealbeach.com) and invited 15 the public to visit the site to view the notice of the violation of the 10-day public notice 16 and other information related to the moratorium on three story structures. She said she 17 does not understand why the standards in Old Town are more restrictive than for 18 properties in other areas of town and noted that proper notice should have been 19 provided to all property owners affected by this ordinance. She also requested a copy 20 of the letter received by Chairperson Deaton from Chuck Feenstra. 21 22 Mary Lewis also a member of SOSB said that the people of Seal Beach are tired of the 23 future of Seal Beach being driven by small special interest groups. She commented on 24 how the City has not changed for the better and SOSB will be policing both the PC and 25 CC as they have breached the public trust and are trying to take the City in a direction 26 contrary to what the citizens of Seal Beach desire. She provided the web address for 27 www.sealbeachwatch.comandidentifiedthisasasistersitetosaveoursealbeach.com 28 29 Mike Bubbe thanked the PC for the work done in making Seal Beach a pleasant place 30 to live by unanimously voting to adopt Ordinance 1553 limiting construction of three 31 stories. He reviewed the events leading up to the approval of this ordinance and noted 32 that eminent domain has not taken place and it is still possible to build large, two-story 33 homes on the lots in Old Town. He added that the majority of Old Town residents want 34 a two-story limit, they want an election to be able to vote their choice, and they do not 35 want CC to rescind this ordinance. 36 37 There being no one else wishing to speak, Chairperson Deaton closed oral 38 communications. 39 40 Chairperson Deaton asked if Mr. Abbe wished to comment on any of the issues 41 presented during Oral Communications. Mr. Abbe stated that he would be happy to do 42 so, but because topics presented do not appear on tonight's agenda he would prefer to 43 address them at another PC meeting when these issues are agendized. For the record, 44 Mr. Abbe asked Chairperson Deaton if she had opportunity to review the videotape of 45 the November 8, 2006 PC Meeting. Chairperson Deaton confirmed that she had 46 watched the entire videotape. Chairperson Deaton then requested that the Director of 2 of 24 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 December 6, 2006 Development Services read into the record the letter received from Chuck Feenstra. Mr. Whittenberg then proceeded to do so. (Letter is on file for inspection in the Planning Department.) CONSENT CALENDAR 1. October 2006 Building Activity Report 2. Approve Planning Commission Meeting Minutes of November 8, 2006. 3. Minor Plan Review 06-14 74 Riversea Road Applicant/Owner: Sheila Oden/Seal Beach Affordable Housing Corp. Request: To add a new second floor cabana with 494 square feet of living area to an existing trailer in the Seal Beach Trailer Park. The overall height would be less than 25 feet and the proposed structure will provide a total of 1,034 square feet of living space. Recommendation: Item tabled Chairperson Deaton stated that she would abstain from voting on Item 2, Approval of the Meeting Minutes of November 8, 2006. MOTION by O'Malley; SECOND by Ladner to approve the Consent Calendar as amended. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 4-0-0-1 Bello, Ladner, O'Malley, and Roberts None None Deaton SCHEDULED MATTERS 4. Adoption of Resolution 06-50 Approving Variance 06-4, 1311 Seal Way. Staff Report Mr. Whittenberg stated that Resolution 06-50 has been prepared based upon the direction given by the Planning Commission at the meeting of November 8, 2006, after the close of the public hearing. 3 of 24 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 December 6, 2006 Commissioner Questions Commissioner Roberts requested a brief interpretation of Condition NO.3. Mr. Whittenberg indicated that Condition NO.3 would require that 30 days after final approval of this Variance, which would not occur until after the 10 day appeal period has expired with no appeal filed, that structural plans be submitted for the facilities referenced on the property for plan check to ensure that they are structurally sound and safe to remain. He said that if modifications are required to accommodate structural integrity, this would be approved through the Building Department plan review process. MOTION by O'Malley; SECOND by Bello to approve Variance 06-4 and adopt Resolution 06-50 as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 3-1-1 Bello, Ladner, and O'Malley Roberts None Deaton Mr. Abbe advised that the adoption of Resolution No. 06-50 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. PUBLIC HEARINGS 5. Variance 06-5 (Continued from November 8, 2006) 326 E. 16th Street Applicant/Owner: Daniel HiII/Thomas & Sandra Schloessmann Request: To permit 1. A second floor addition along an existing nonconforming setback of 3 feet in lieu of the minimum setback requirement of 3 feet 9 inches. 2. To permit the existing garage to remain along a nonconforming setback of zero feet along the easterly property line, in lieu of the minimum setback requirement of 3 feet 9 inches. 3. To permit the existing garage to remain with a nonconforming rear setback of 5 feet in lieu of the minimum setback requirement of 12 feet (to meet the required 24-foot turning radius). 4. To permit the garage to remain with a nonconforming interior depth dimension of approximately 17 feet in lieu of the minimum required interior depth of 20 feet. 4 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 Recommendation: Pleasure of the Planning Commission. 2 3 Staff Report 4 5 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 6 Planning Department.) He indicated that this matter was continued to allow Staff to 7 review Planning and Building Department records to attempt to determine when the 8 original house and existing garage were constructed. He reported that Staff was not 9 able to locate any records regarding the original house and garage. He noted that Staff 10 had made a public records request to the Orange County Tax Assessor's Office, as they 11 also collect building permit record information for reassessment purposes and they 12 found nothing in their files for the original house and garage. He said the Assessor's 13 Office reported that they did not begin collecting this information until 1979, after 14 Proposition 13 was passed. He noted the possibility that these records may have been 15 misfiled. He then stated that in reviewing aerial photographs taken of the City in the late 16 70's and early 80's the house and detached garage clearly appear at their current 17 location on the above-noted property. He then provided a brief PowerPoint presentation 18 of photos taken of the property at 326 16th Street today. Chairperson Deaton confirmed 19 that if there is no record of this property there would be no way of knowing what 20 modifications have been made to this home. Mr. Whittenberg stated that this was 21 correct. He added that the permit showed a 1,100 sq. ft. addition, but did not show 22 demolition and rebuild, but sometimes when adding a second story, dry rot might be 23 found and would require the removal and reconstruction of walls. Chairperson Deaton 24 asked if having the 2nd story outdoor deck attached to the garage would be considered 25 having the house connected to the garage. Mr. Whittenberg stated that according to 26 today's standards this would be the case, but he does not know what the standard 27 would have been in 1982. He said he would expect to see a variance approved for this 28 type of construction, but City files show no record of this. 29 30 Commissioner Questions 31 32 None. 33 34 Public HearinQ 35 36 Chairperson Deaton re-opened the public hearing. 37 38 The applicant, Daniel Hill, stated that since the deck is already attached to the garage, 39 enclosing the deck area would not actually change what is already there. He noted that 40 Variance 06-5 is actually approved, but would entail demolishing the existing garage 41 and rebuilding with a 12-foot setback and this would eliminate the space for the 42 proposed first floor family room. He proposed moving the center supporting beam in the 43 existing 3-car garage and installing two, 12-foot garage doors to create a larger 44 maneuvering space for cars entering and exiting the garage. Chairperson Deaton 45 asked if the garage was located directly on the side yard property line. Mr. Hill 46 confirmed that it is, but it was also on the property line in 1982. Chairperson Deaton 5 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 asked if Mr. Hill had a copy of the approved Variance. He stated that he did not, but the 2 plans approved in 1982 for the garage show that it is on the property line. 3 Commissioner Roberts asked if the patio lies within the 1,100 square feet. Mr. Hill 4 stated that it does appear on the approved plans. Mr. Whittenberg interjected that 5 although the plans do show the garage on the side property line with the second story 6 addition connecting to the deck in accordance with what the City approved, Staff has 7 not been able to locate a record of what the codes were in 1982 allowing this home to 8 be constructed without a variance. He noted that the issue now is allowing enclosure of 9 the second story deck area and additional square footage on a structure that does not 10 meet the required setbacks. Commissioner O'Malley asked if the modifications would 11 create a 2-car garage, as opposed to a 3-car garage. Mr. Hill confirmed that this was 12 correct. Commissioner O'Malley then asked if additional structural support would have 13 to be done in order to enclose the second story deck. Mr. Hill stated that structural 14 support would be provided as required by the Building Department. He noted that some 15 cities allow a certain percentage of improvements to an existing nonconforming 16 residence without having to bring everything up to the current code standards. He said 17 that Mr. Whittenberg had stated that in Seal Beach interior improvements would not 18 require this, but any improvements to the exterior would require that the structure be 19 brought up to code standards. Mr. Hill added that moving the garage would present a 20 significant financial hardship to the applicant, and the garage is still structurally sound 21 and functional. 22 23 Thomas Schloessmann stated that he and his wife are willing to compromise by 24 converting the 3-car garage to a 2-car garage to allow for a greater turning radius, and 25 they would be willing to enclose the deck without taking the new wall all the way to the 26 garage. He said that the existing deck is more of an eyesore and enclosing it would 27 create a more aesthetically pleasing residence. He noted that if the garage were 28 moved, this would leave no room to add square footage to the home, so this would 29 eliminate the project altogether. He indicated that with a growing family more room is 30 needed, and if Variance 06-5 is denied, the home would not be upgraded and the 31 garage would remain with the less than require setback. He stated that beginning July 32 2006 he and Mr. Hill had met regularly with Staff, months before beginning the escrow 33 process to purchase this home, and the decision to purchase this home had been 34 predicated on much of what was discussed with Planning Staff. He also noted that 4 35 months prior to the last public hearing he had received a recorded message from a 36 member of Planning Staff stating that it appeared that all the data gathered would 37 support a favorable decision by the Planning Commission, but a couple of days prior to 38 the November public hearing, he was notified that instead of one variance for the 12- 39 foot garage setback, there were other variances for the depth of the garage, etc. He 40 lamented that over the 4 months of communication with Planning Staff, he was never 41 made aware of these other issues. He indicated that when purchasing the home he had 42 received full disclosure that everything was constructed to the 1982 building standards 43 and he had even contacted the Orange County Assessor's Office to see if he could find 44 further information, but was told that it would have been the responsibility of the City of 45 Seal Beach to maintain any records related to this property. 46 6 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 Eldon Alexander asked the owner if his lot measure 37.5 feet. Mr. Schloessmann 2 confirmed that it does. Mr. Alexander then noted that Mr. Schloessmann is probably 3 within his rights at this point to construct a third story. 4 5 Mary Lewis asked if a variance would have to have been granted in order for building 6 permit to be issued. Mr. Whittenberg stated that he has indicated this to the PC, but he 7 was not employed with the City in 1982 and has no explanation as to why no variance 8 was granted. He stated that a search of records of Planning Commission minutes have 9 revealed no record of any variance having been approved for this address. Ms. Lewis 10 asked how this could have occurred. Mr. Whittenberg stated that in this case building 11 permits should not have been issued, but they were. Ms. Lewis stated that the City 12 should take responsibility for this, and the homeowner should not be held liable because 13 records of this variance cannot be found. 14 15 Joyce Parque noted that El Nino occurred in 1982 and who knows what may have 16 occurred as many of the residents along Seal Way and in that part of town were 17 displaced, and perhaps City Hall records may have been lost. She spoke in favor of 18 approval of Variance 06-5. 19 20 Mr. Hill stated that any new construction would meet current Building Code standards. 21 22 There being no one else wishing to speak, Chairperson Deaton closed the public 23 hearing. 24 25 Commissioner Comments 26 27 Chairperson Deaton explained that Variances are approved when there is something 28 unusual about a property and are not to be approved lightly, as the point of having a 29 ZoninQ Code (ZC) is for health and safety reasons. She said her only concern in this 30 case is that she has already received phone calls from various residents whose garages 31 are on a zero lot line who stated they had requested to add on to their homes and were 32 told that they would have to apply for a Variance. She indicated that approval of 33 Variance 06-5 might create a "domino effect" of residents seeking Variances. She 34 noted that Manny Haro gave her permission to say tonight that if this Variance is 35 granted tonight, he will be submitting his application tomorrow. She then stated that she 36 does feel strongly that if Mr. Schloessmann conducted all of his research prior to 37 purchasing this home and was not provided with the correct information, this must be 38 taken into consideration when making a determination. 39 40 Commissioner O'Malley stated that his major concern was regarding the turning radius 41 for the garage, but a 2-car garage would provide wider access for this. He said he had 42 no concerns over the addition, since most of it is being constructed within the existing 43 deck. Chairperson Deaton asked that Commissioner O'Malley give serious thought to 44 what might occur if this Variance is approved, as there are many older homes that are 45 set on zero lot lines. She also noted that Mr. Haro's house is a Sears kit house that 46 came in on the Red Car and has extreme historical value to the City, which he is going 7 of 24 City of Seal Beach Planning Commission Meeting Mmutes of December 6, 2006 1 to demolish if he cannot receive approval of a Variance and he will construct just 2 another plain 2-story house, and this might then create a chain reaction of other 3 homeowners requesting Variances. Commissioner O'Malley said that he has 4 considered this and feels that this is why the City has a PC that can consider each 5 Variance request individually. He noted that the PC is not the Supreme Court and does 6 not function on precedence, but on individual applications. He added that if the PC 7 functioned on precedence, all they would have to do was to approve one Variance and 8 then everyone else could do the same thing. He said it would be grossly unfair to deny 9 Mr. Schloessman's family the opportunity to do what they want to do based on the fact 10 that something in the future may happen. Chairperson Deaton stated that there are 11 legal reasons for granting a Variance, and she is citing these issues to promote 12 discussion among the PC prior to making a determination. 13 14 Commissioner Roberts expressed his concern that the applicant was not provided with 15 the correct information at the inception of this process and he had made some 16 meaningful financial decisions predicated on this information. He said that the 17 applicant's compromise with regard to the garage takes care of the turning radius issue, 18 but he is always concerned when granting a Variance, as this is a lifelong situation. He 19 indicated that because the City cannot demonstrate to the owner exactly how this 20 residence was approved 24 years ago is a major concern. He said unless there is 21 some alternative regarding properties similar to this, he would have to look at this 22 application and say that he could vote to approve. 23 24 Commissioner Bello noted that she is learning what a difficult job the Planning 25 Commission has in making these determinations and that the job of the PC is to ensure 26 that the Zonina Code (ZC) is adhered to. 27 28 Chairperson Deaton stated that as Ms. Lewis pointed out, in order for this project to 29 have been issued permits in 1982, there must have been a Variance, and if there was 30 no Variance, it was the City's fault at that time. She said that based upon the 31 applicant's testimony and all of the work that Staff has done in researching this 32 property's records, she would move that Variance 06-5 be approved. 33 34 Mr. Whittenberg asked if the approval would be with any modification. Chairperson 35 Deaton stated that the motion would include the modifications as proposed by the 36 applicant. She asked if it would make any difference whether the 100 square feet were 37 removed from the upstairs master bathroom. Mr. Whittenberg stated that it did not. 38 Chairperson Deaton noted that this might as well be approved with the 100 square feet. 39 Mr. Whittenberg noted that his concern was with widening the garage doors, which 40 would provide more maneuverability to turn in and out without being obstructed by a car 41 parked across the alley. He recommended requiring a minimum of two, 12-foot wide 42 garage doors as a part of the approval. 43 44 Mr. Whittenberg noted that Staff would return with Resolution No. 06-51 with the final 45 conditions for adoption at the next scheduled Planning Commission meeting. 46 8 of 24 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 December 6, 2006 Chairperson Deaton noted that it must be very clear that this is an exceptional circumstance. MOTION by Deaton; SECOND by Ladner to approve Variance 06-5. MOTION CARRIED: A YES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Mr. Whittenberg advised that Staff would return with the formal Resolution No. 06-51 with the final conditions for formal adoption at the next scheduled Planning Commission meeting of January 2007. He advised that adoption of Resolution No. 06-51 would begin a 10-day calendar appeal period to the City Council and the Commissioner action would be final with the appeal period beginning the morning after adoption. Mr. Abbe added that the public hearing on this item has been concluded and no additional public testimony will be taken at the meeting in January 2007. 6. Conditional Use Permit 06-5 620 Pacific Coast Highway (Finbar's Italian Kitchen) Applicant/Owner: Joseph Barbara/James Watson Request: To permit a modification to the hours of operation and to provide live entertainment between the hours of 7:00 p.m. and 1 :00 a.m. within the lounge area of an existing restaurant. The new hours of operation would be Monday through Thursday from 11 :00 a.m. to 10:00 p.m., and Friday and Saturday from 11 :00 a.m. to 1 :00 a.m. Recommendation: Approval, subject to conditions as recommended by Staff and adoption of Resolution 06-53 as presented or as may be revised by the Commission after consideration of public testimony. Staff Report Mr. Whittenberg 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 live music would be provided by a single entertainer playing a guitar or an electronic keyboard within the lounge area of the restaurant. He stated that Staff recommends approval, subject to conditions. He noted a modification to Condition No. 6, to clarify that the live entertainment will consist of only one performer. He indicated that because the entrance to the restaurant fronts Pacific Coast Highway (PCH), it is not 9 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 expected that any noise from the entertainment would become a problem, as it will take 2 place within a fully enclosed building that is separated by distances of at least 300 feet 3 from any residences in any direction. 4 5 Chairperson Deaton asked if proper notice of the public hearing was provided. Mr. 6 Whittenberg stated that notice was published in the newspaper and mailed to all 7 property owners within 300 feet of the exterior boundary of the entire shopping center. 8 Chairperson Deaton asked if any letters or comments in opposition were received. Mr. 9 Whittenberg stated that Staff had received no comments or letters. 10 11 Commissioner Questions 12 13 Commissioner Bello asked if the live entertainment would only take place on the 14 weekends. Mr. Whittenberg confirmed that it would take place only on Friday and 15 Saturday nights. 16 17 Commissioner Ladner stated that he visited Finbar's and they had plenty of room for 18 entertainment and it does not appear that there would be a problem with noise. He said 19 he would vote to approve. 20 21 Public Hearino 22 23 Chairperson Deaton opened the public hearing. 24 25 Joseph Barbara, owner of Finbar's, requested approval of Conditional Use Permit 06-5. 26 He noted that aside from music there will also be a magician performing. Commissioner 27 O'Malley asked if any marketing research was done on this proposal. Mr. Barbara said 28 that many of his customers have asked about live entertainment. Commissioner 29 O'Malley asked if the restaurant is prepared to serve food until 12:30 a.m. Mr. Barbara 30 stated that this would be no problem. He said that he believes this will be a positive 31 thing for Seal Beach. 32 33 Larry Bender, 450 Electric Avenue, expressed his concerns regarding noise from 34 patrons leaving the restaurant late at night. He said that for the most part this has not 35 been a problem because most of the businesses in this center close at 10:00 or 11 :00 36 p.m. and do not have live music. He recommended denial of CUP 06-5. Chairperson 37 Deaton asked if Mr. Bender was mostly opposed to the music or the late hours. Mr. 38 Bender said he is opposed to the late hours and the associated noise from patrons 39 leaving the restaurant late at night. Chairperson Deaton confirmed that the restaurant 40 exits onto PCH and not onto Electric Avenue. Mr. Bender stated that this is correct, but 41 there is also parking behind the restaurant. 42 43 Mr. Barbara noted that Taco Bell is open until 1 :00 a.m. Chairperson Deaton stated that 44 at the current location there is parking along the PCH side of the parking lot, and asked 45 how Mr. Barbara decided to propose closing at 1 :00 a.m. Mr. Barbara stated that he 10 of 24 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 December 6, 2006 believes this to be a reasonable time for a restaurant offering live entertainment on the weekends. Commissioner Bello asked if the entertainment would be in the lounge facing PCH. Mr. Barbara confirmed that this was correct. Commissioner Roberts asked if there were to be speakers in any other section of the restaurant. Mr. Barbara stated that because the area is small, he does not foresee having more than one live entertainer with music provided by a guitar or electronic keyboard. He noted that the entertainment is geared towards a more mature audience rather than a young crowd. Commissioner Roberts asked how many seats the lounge has. Mr. Barbara stated that the lounge currently seats 32 people. Larry Bender asked if this CUP is approved and the restaurant is sold to a new owner, would the new owner have to apply for another CUP to have a rock band in the restaurant, Chairperson Deaton stated that the new owner would have to abide by the conditions of this CUP. She noted that a 12-month review period is usually assigned with the initial approval of a CUP, after which time the applicant must apply for an indefinite extension of the CUP. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments Commissioner O'Malley recommended a 12-month review period. Chairperson Deaton ag reed. MOTION by Roberts; SECOND by Bello to approve Conditional Use Permit 06-5 and adopt Resolution 06-53 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 06-53 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 06-7 900 Ocean Avenue (Ruby's on the Pier) Applicant/Owner: Ruby's Restaurant/City of Seal Beach 11 of 24 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 Meetmg Minutes of December 6, 2006 Request: To permit outdoor dining. The same plan was previously approved by the City in 2003 and the approval has expired. Additionally, Ruby's has a beer and wine license, the CUP includes an amended floor plan to include the outdoor dining area with respect to beer and wine service and minor modifications to the interior seating plan to provide for access to the new patio dining area from the restaurant interior. The outdoor dining are will seat approximately 49 patrons and will include seven 4-person tables, one 6-person table, and 15 seats along a counter which will face out towards the end of the pier. AS part of this application, the applicant is proposing to remodel the City bait and tackle shop to accommodate new public ADA accessible restrooms, a new sink to clean fish, expanded ADA access along the pier, a new trash enclosure with a roll down door, and minor changes in the layout of the pier to help aid in emergency services access. Recommendation: Approval, subject to conditions as recommended by Staff and adoption of Resolution 06-54 as presented or as may be revised by the Commission after consideration of public testimony. Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) Chairperson Deaton noted that this is a resubmission of a previously approved Conditional Use Permit (CUP) for Ruby's on the Pier. She asked if there were any modifications on this most recent submission. Mr. Whittenberg explained that there is a slight modification involving the placement of an additional trash area at the existing trash location at the rear of the restaurant. He stated that the California Coastal Commission (CCC) had deleted this portion from the previously submitted project and had approved it without the potential for installation of a new trash area to occur without resubmittal of the project for a new CCC review. He indicated that this submittal does not include the new future trash location, but everything else remains exactly the same. Commissioner Questions Commissioner Roberts inquired about the louvers in the restrooms. He asked if these are still to be a part of the plans. Mr. Whittenberg confirmed that these would be included. Chairperson Deaton clarified that Ruby's is not requesting a full alcohol license. 12 of 24 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 December 6, 2006 Public HearinQ Chairperson Deaton opened the public hearing. Brian Price, representative for Ruby's Restaurant, stated that he has been assigned responsibility for managing the submittal of Conditional Use Permit 06-7 and for completion of this project and opening the restaurant to the public. He said that Ruby's feels that this will be a positive addition of public amenities, increase ADA accessibility, provide restrooms, and will allow guests to enjoy the outdoor dining experience on the ocean without affecting the surrounding community. Commissioner O'Malley asked why the previously approved CUP had been allowed to expire. Mr. Price stated the he was not prepared to respond to this question as he was not involved with this project at that time. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments Commissioner Roberts asked what the wall heights at the south end of the open patio would be. Mr. Whittenberg stated that the new patio area would be constructed at the same height as the current interior floor level of the restaurant, which is about 2 feet above the pier deck. He explained that a 4-foot tall solid wall panel would be constructed around the outdoor dining area from the pier deck and will extend 2 feet above the floor of the patio area and a 5-foot plexiglass wall would be added for a total wall height of 9 feet from the pier deck. MOTION by O'Malley; SECOND by Ladner to approve Conditional Use Permit 06-7 and adopt Resolution 06-54 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 06-50 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 8. Site Plan Review 06-1 Conditional Use Permit 06-8 1709 Apollo Court (Plastic Industries, Inc.) Applicant/Owner: Plastic Industries, Inc./Overton Moore Properties 13 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 Request: Conditional Use Permit approval for permit 24-hour business 2 operations and Site Plan Review to allow for two, 34-foot 3 high "silos" and related utility equipment to be installed 4 generally at the southwest corner of the building. 5 6 Recommendation: Approval, subject to conditions, and adoption of Resolutions 7 06-56 and 06-55, respectively, as presented or as may be 8 revised by the Commission after consideration of public 9 testimony. 10 11 Commissioner Roberts stated for the record that even though this item carries the 12 Boeing Specific Plan title, and he has ties to Boeing, Boeing no longer has any vested 13 interest in this property at all. Mr. Whittenberg added that approximately one year ago 14 this property was sold to Overton-Moor Properties (OMP) who is now the master 15 developers for this project. 16 17 Staff Report 18 19 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 20 Planning Department.) He presented some background information on this item and 21 explained that the 34-foot silos are to be used to receive plastic pellets used to 22 manufacture plastic containers by Plastic Industries. He then provided a brief 23 PowerPoint presentation of photos of the proposed site and explained that the building 24 was approved as part of the Boeing Specific Plan and no tenant improvement plans for 25 the interior have yet been submitted. He noted the highest point of the building is 34 26 feet at the front with the remainder being 30 feet tall, and indicated that a 6 x 18-ft. 27 landscape area and a 6-8-foot high block wall are to be constructed to help screen the 28 rear silo location area. He noted the location for the proposed utility equipment and the 29 truck well, which would be approximately 20 feet tall and would be screened from view 30 from Island Village by the silos. He described the proposed silos as being 34 feet tall 31 and 14 feet in diameter and would be painted to match the building. The Director of 32 Development Services then discussed the 24-hour business operation, indicating that 33 this would allow for a third manufacturing shift. He explained that the City's 34 requirements for a Conditional Use Permit (CUP) allow a normal business within a 35 commercial/industrial zone to operate without CUP approval from 6:00 a.m. to 2:00 a.m. 36 He emphasized that the only thing being considered under CUP 06-8 is to allow 37 operation from 2:00 a.m. to 6:00 a.m. He said the applicant has indicated that the third 38 shift would consist of 20 employees working inside the building and no truck deliveries 39 will be allowed during these hours. He noted that truck deliveries would only be allowed 40 between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. He stated the 41 delivery of the pellets to the silos would occur approximately twice a week and the 42 system is set up so that trucks will pull into the truck well area and overhead pipes will 43 connect to the trucks to load the pellets into the silos. Mr. Whittenberg then noted that 44 the Conditions of Approval will require that night shift employees park in the designated 45 employee parking areas shown on the site plan, which are all located to the east of the 46 building. He indicated that there are 169 parking spaces provided. Commissioner 14 of 24 City of Seal Beach Planning CommissIon Meeting Minutes of December 6, 2006 1 Ladner asked how much noise would be generated when the silos are filled. Mr. 2 Whittenberg noted that the front of the building faces Westminster Avenue and the silos 3 will be located behind the building and would not be visible to Westminster Avenue. He 4 said the applicant would have to address questions on noise levels. He reviewed 5 photos of the proposed site in relation to the closest homes at Island Village and ended 6 by noting that the proposed conditions of approval include the means for screening of 7 the silos by the landscaped areas, the 6-8-foot high block wall, and two 32-inch high 8 Monterey pine trees that will grow to approximately 25-feet within 6 years. 9 10 Commissioner Questions 11 12 None. 13 14 Public HearinQ 15 16 Chairperson Deaton opened the public hearing. 17 18 Nick Rende, owner of Plastic Industries, stated that his company manufactures plastic 19 containers and is currently located in the city of Garden Grove. He indicated that 20 relocation of his company to Seal Beach would be a very lengthy and costly endeavor. 21 He explained that the thermal manufacturing process is not one that can run for 8-10 22 hours a day, but must be a continuous process. He noted that based upon seasonality 23 the company operates 5-7 days a week, but always 24-hours a day. He stated that the 24 materials used are all FDA approved and are recyclable, and high density polyethylene 25 is the only polymer used. He said that the operation is subject to industry regulatory 26 approval and is a very clean operation and no hazardous materials are involved. He 27 stated that Plastic Industries simply produces, warehouses, and then ships empty 28 containers. Mr. Rende noted that he feels his operation would blend favorably with the 29 surrounding businesses, but he did not want to place himself in the position of 30 guaranteeing that no trucks would arrive after 6:00 p.m. He indicated that if this type of 31 business would not be desirable to the community he needs to know this prior to making 32 the investment of _moving his business. Commissioner Roberts asked what the shift 33 hours are. Mr. Rende stated that the hours are 7:00 a.m.-3:00 p.m., 3:00-11 :00 p.m., 34 and 11 :00 p.m.-7:00 a.m. He noted that typically the operations part of the business 35 has 20-25 people on day shift plus administrative staff, 15-20 on evening, and 15-20 on 36 the night shift. Commissioner Roberts asked if the business operated with any type of 37 smoke stack. Mr. Rende stated that there is no discharge into the environment, and the 38 equipment that is to go into the utility pad is a closed loop tower system that uses city 39 water, and the noise element would have the same noise element as an air conditioner. 40 He said that loading the silos from the trucks takes approximately a half hour and is 41 done with a blower, but relocating the fill lines into the truck well should reasonably 42 insulate any noise. Commissioner Roberts asked what percentage of business 43 expansion would the 75,000 square feet in the building allow. Mr. Rende stated that the 44 Garden Grove facility currently occupies 60,000 square feet and the company recently 45 opened a facility in Fresno to handle 40 percent of the company's historical business. 46 Commissioner Roberts asked about linear expansion. Mr. Rende stated that the 15 of 24 City of Seal Beach Planning Commission Meeting Mmutes of December 6, 2006 1 supervisory and sales staff could be expanded by 20 percent to handle any additional 2 business. Commissioner Roberts asked if any concerned citizens from Island Village 3 might be able to visit the Garden Grove facility. Mr. Rende stated that they can, 4 however, the proposed facility in Seal Beach would more closely mirror the Fresno 5 facility. Commissioner Roberts asked if forklifts would be used outside the facility. Mr. 6 Rende stated that this all takes place inside the facility. Commissioner O'Malley 7 referred to the Environmental Impact Report (EIR) for the proposed facility and asked 8 what the ambient noise levels referred to in the report would relate to. Mr. Rende stated 9 that he believes this refers to the loading of the silos, which entails a bulk tank truck that 10 attaches to a hose to blow the pellets into the silos. Commissioner O'Malley noted that 11 this should be categorized as periodic temporary rather than a substantial permanent 12 increase in ambient noise levels. Mr. Rende noted that this could not be categorized as 13 "no impact," and at the time this evaluation was completed he had initially planned to 14 install a "chiller system," but this plan has been vacated. Commissioner Ladner asked 15 how long it takes to fill the tanks and what time of day would this occur. Mr. Rende 16 stated that it takes approximately 30 minutes each and this would occur at any time 17 between 7:00 a.m. and 6:00 p.m. Chairperson Deaton inquired about emissions. Mr. 18 Rende stated that the company uses a blow molding process in which the pellets are 19 vacuum conveyed to an extruder, where heat is applied, but there are no emissions. He 20 noted that internal noise is controlled by placing all of this equipment in a utility room. 21 Commissioner Bello asked if residents wished to visit the Garden Grove plant, would 22 the noise level be about the same. Mr. Rende stated that the Garden Grove plant is 23 more open as they do not have loading docks and must keep the existing doors open at 24 all times to get product in and out, so the noise level would be higher. 25 26 Charles Moore, 345 Bayshore, stated he is a researcher on plastics and recently 27 completed a study on Assessing and Reducing Plastic and Trash in Urban and Coastal 28 Waters for the local water quality control board, and found that the most common 29 contaminant on the beaches are these plastic resin beads. He noted that in 3 months of 30 sampling 105 million beads were found on Seal Beach. He indicated that in an effort to 31 determine where these pellets were coming from he had worked with 10 plastic 32 companies, such as Plastic Industries, to access and help reduce these inputs. He 33 stated that they found that each of the facilities discharged plastic pellets to the 34 environment and they then become sponges for oily compounds and vectors in the 35 marine environment for persistent organic pollutants like PCBs and DDT that are 36 transferred into the marine food web. He cited the example of a study completed in the 37 San Gabriel River in which nets were placed in the river and on December 28, 2004, 38 alone there were over 3 million pellets that had come down the river. He indicated that 39 the pellets come from a number of different factories, and suggested that the applicant 40 be required to participate in the industry's voluntary program called "Operation Clean 41 Sweep" to help retain pellets on site and not allow them into the environment. He 42 . explained that this program requires that storm drains have inserts with 1 millimeter 43 screens to capture the pellets before they reach the environment. He noted that 44 thousands of these pellets can be found in the parking lot at the River's End Cafe. He 45 said that it is not just airborne contaminants that are involved but raw material that 46 comprises approximately 10 percent of the litter worldwide found on beaches. He 16 of 24 City of Seal Beach Plannmg Commission Meeting Minutes of December 6, 2006 1 provided materials documenting the findings of this report to assist the Planning 2 Commission in making a determination. Chairperson Deaton asked if the "self- 3 contained" process described by Mr. Rende would address this problem. Mr. Moore 4 stated that the issue has to do with tiny, roly poly, beads that can roll into the 5 environment in a very pernicious and hard to control manner. He indicated that the very 6 act of moving these pellets through the vacuum system abrades the pellets creating a 7 very fine plastic dust, which must also be contained. He noted that typically the greatest 8 discharge of these pellets occurs at the valve from the truck to the vacuum tube, and 9 stated that when these connections are made and broken it is very important that some 10 type of container is placed underneath to contain pellets that may fall out. He added 11 that in his research, he was unable to find a company that could control this discharge 12 100 percent. He emphasized that there is probably no other community in California as 13 heavily impacted by this material as Seal Beach. Commissioner O'Malley noted that if 14 these pellets are as dangerous to the environment, as Mr. Moore has stated, why is this 15 application exempt from CEQA review. Mr. Moore stated that there has never been a 16 determination that these pellets are hazardous waste, but they are currently being 17 considered by the Ocean Protection Council and the Department of Toxic Substances 18 Control. He noted that up until recently these particles had been thought of as inert, but 19 recent findings found that they accumulate persistent organic pollutants from the 20 surface of the sea at a rate of up to 1 million times the concentration in the ambient sea 21 water, not only discharging any plasticizers they may contain, but they also absorb 22 elements floating in the water and concentrates them up to 1 million times what is found 23 in sea water. He indicated that this is a relatively new field of study and this is why it is 24 not yet categorized as a toxic waste. Commissioner O'Malley confirmed that presently 25 the pellets are not considered dangerous nor have they been classified as toxic waste. 26 Mr. Moore confirmed that this was correct. 27 28 Timur Tecimer, President of Overton-Moor Properties (OMP), stated that last December 29 OMP had acquired this property from Boeing and has been busy with the construction 30 of the industrial park structures. He explained that OMP is the long-term owner of 31 Phase 1, which is comprised of approximately 600,000 square feet, and Phase 2 32 approximating 200,000 square feet. He noted that OMP is very sensitive to aesthetics 33 and is very concerned with its tenants being good neighbors and having an awareness 34 of environmental issues. He indicated that OMP attempts to look for tenants who are 35 knowledgeable in their field and who will run a clean operating environment. He stated 36 that the OMP lease is quite strict requiring that tenants be mindful of cleanliness and 37 aesthetics and OMP is very selective of the companies it would bring into this project. 38 He recommended approval of the application. Chairperson Deaton asked if Plastic 39 Industries were to vacate after one year or so, what would become of the silos. Mr. 40 Tecimer stated that if Mr. Rende were to move his company out of this building, he 41 would be responsible for removing the silos and to restore any damage to the building. 42 43 Ken Smith from Leisure World asked why the silos could not be placed inside the 44 building, and commented on the impact this might have on the air blowing toward 45 Leisure World. 46 17 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 Herman Andreson, 33 Wheelhouse Court, stated that after reading the Staff Report he 2 noted that a recommendation has been given to approve this project. He said that 3 questions remain regarding the utility equipment and noise. He asked if production 4 employees are required to wear ear protection and noted that the 6-8 foot wall would 5 not effectively camouflage the silos. Commissioner Roberts stated that employees do 6 not wear ear protection and the block wall is to be fronted with the Monterey pines as 7 previously discussed. Mr. Andreson then stated that the Staff Report indicates that 95 8 percent of truck deliveries would take place during daytime working hours and Mr. 9 Whittenberg had stated that all deliveries would occur during daytime hours. He asked 10 which is correct. Mr. Whittenberg stated that if he said all deliveries, this is incorrect, as 11 Mr. Rende stated that the potential exists that a truck may come in late. Mr. Andreson 12 asked for the number of trucks going in and out of this facility on a daily basis, and will 13 deliveries occur on weekends? He also asked if truck deliveries will occur after daytime 14 hours and what types of trucks would these be? How many bays will be active at one 15 time and will trucks be idling while being unloaded? Will forklifts be loading the trucks? 16 Who will enforce the parking restrictions for night employees? Is there an employee 17 lunch room and will employees be restricted from eating outside or in their cars? He 18 emphasized that his concern is with noise from the night operations. Chairperson 19 Deaton stated that the applicant could respond to these questions in his rebuttal. 20 Commissioner O'Malley interjected that Mr. Rende had indicated that shipping would be 21 done during the daytime hours. Mr. Andreson stated that residents should be able to 22 take advantage of the requirements of the City of Seal Beach Noise Ordinance when 23 related to noise from the Pacific Gateway buildings adjacent to Island Village. Mr. 24 Whittenberg confirmed that the City's noise standards would apply at the project 25 property line. He indicated that the City's ordinances cannot apply to a different city. 26 Chairperson Deaton requested that Mr. Andreson provide her the list of his questions so 27 that the applicant could address these during his rebuttal. Mr. Abbe added that the draft 28 Resolution 06-55 does include a condition requiring that the applicant comply with the 29 Noise Ordinance. Mr. Andreson noted that because this is to be a 24-hour operation, 30 he would take exception to the statement in the Staff Report citing only 4-6 Island 31 Village homes being directly impacted by the noise from this facility. He also 32 questioned whether the proposed foliage for the screen block wall would effectively 33 mitigate the noise. He recommended that the PC carefully consider its decision. 34 Chairperson Deaton read from the Staff Report regarding the screening block wall and 35 noted that this is not proposed as a noise screen, but as a visual barrier. 36 37 Ken Reubenwich, a resident of Island Village, stated that he had worked with the Purex 38 Corporation for approximately 15 years. He indicated he has a background in chemical 39 engineering and that he had a patent on a device he had developed for use on a blow 40 molder. He noted that polyethylene pellets don't have much plasticizer in them, so 41 there would not be much of an environmental impact, but blow molding is not a quiet 42 operation, and this is what concerns him. He said Mr. Andresen had covered most of 43 his concerns, and added that he is also concerned about noise from the use of air 44 compressors and the water chillers, which require refrigeration equipment. He noted 45 that if all equipment is operated inside the building it would help keep the noise level 46 down. He added that water pumps would probably be installed outside the building for 18 of 24 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 December 6, 2006 the cooling tower and if properly specified, the noise could be kept down to 80 decibels. He then asked how the pellets would be transferred from the silos to the extruder machines inside the building and how any scrap material is to be handled. He also inquired about the use of resins and noted that there would be noise throughout the day from loading of a lot of trucks with product for delivery. Mr. Reubenwich ended by asking whether the Planning Commissioners should consider whether they would want this type of company moving in next door to their homes. Mike Farapapa, president of the Island Village Homeowners Association, stated that Island Village is 110 feet away from the proposed location and Leisure World is 435 feet away. He said the main concern is that these two buildings create a noise tunnel and a direct line of lighting right into Island Village, and currently residents have been putting up with the construction noise. He indicated that although residents were told that construction would not begin until 7:00 a.m., work begins at 5:30 a.m., and residents were given a third party number to call that he has had to call many times. He said that when the Site Plan was developed, Island Village had requested a 14-18-foot perimeter wall to help abate noise, similar to the ones approved between Buildings 1 and 2 and Leisure World. He emphasized that noise, light, and backup alarms are going to be a problem 24 hours a day, 7 days a week. He proposed that Plastic Industries select a building on the interior of the complex. He requested that Island Village be given the same consideration as any other neighborhood within Seal Beach, and that the project area fronting Island Village be made more aesthetically pleasing. Nick Rende stated that 70-80 percent of companies like his are rail served, but his company will utilize tank trucks on which a cam lock device will be used with a blower to blow the pellets into the silos. He then responded to questions form the Planning Commission as follows: Ques: What about operation "Clean Sweep?" Ans: "Clean Sweep" has to do with good manufacturing and housekeeping practices, and his company already practices this. Ques: What equipment will be located outside and what will the approximate noise decibel level be? Ans: The only outside device would be a closed-loop water tower system, with only the tower cell outside, which has a fan on top. On the south interior portion of the building a 15 x 15 feet utility room will be located in which the grinders, blenders, resin handling, moving equipment, and vacuum pumps are to be housed. Another small utility room will house the air compressors and the interior portion tanks and pumps of the water tower system. He equated the noise from the fan on the tower cell to any air conditioner and provided a picture to the PC showing similar equipment set up at the Fresno location. 19 of 24 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 December 6, 2006 Ques: Other than the tanker trucks delivering the pellets, what kind of trucks will be visiting the facility? Ans: Plastic Industries has two tractors and four trailers and will utilize common carriers to pick up completed product, all using 53-foot closed vans and tractors that connect. Ques: At what times would trucks be driving in or out? Ans: Cannot guarantee that a truck might arrive before 7:00 a.m. or after 6:00 p.m. Ques: What would an estimate of truck movements per day be? Ans: Approximately 7-9 inbound and outbound trucks per day. During the busier 2nd and 3rd quarters there would be approximately 15 per day. Ques: What is the policy on truck idling at the dock? Ans: Trucks usually are not left idling, but trucks delivering the polymer must keep their engine running for power. Ques: Could Mr. Rende place a sign prohibiting idling of trucks? Ans: Every carrier must stop and check in anyway, and idling could easily be prevented. Ques: How frequently would the polymer be delivered? Ans: Delivery would average one a day, three times a week. During peak seasons add another 20 percent. Ques: What would the truck route be in and out of the industrial park? Ans: Trucks would enter off of Apollo Court. Ques: Who will enforce employee parking restrictions for the late shifts? Ans: Company policy will prohibit eating lunch outdoors or in cars in the employee parking lot. There will be 20-25 employees on the evening shifts and typically many of them will carpool. Ques: Is there a lunchroom and is it company policy that employees must use lunchroom to eat meals? Ans: Yes, there is a lunchroom and company policy requires that it be utilized for meals. No smoking is allowed inside or outside the building. 20 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 Ques: Will any odors or fumes emanate from the building? 2 3 Ans: No. 4 5 Ques: How are waste materials or "flash" to be handled? 6 7 Ans: Each blow molding machine conveys the material in a closed duct work back to 8 a grinder in the utility room to recapture 100 percent of the material. 9 10 Ques: How many resins are used? 11 12 Ans: High density polyethylene is the only polymer used, but color additives are also 13 used. 14 15 Mr. Rende stated that the screening block wall will cost approximately $50,000 and 16 constructing this to cover the bottom six feet of a silo doesn't make a lot of sense, but if 17 this is what is required, he will build it. Chairperson Deaton asked if Mr. Rende had any 18 other suggestions for a less expensive means of screening the silos. Mr. Rende 19 presented a photograph of the Fresno facility showing a chain link fence with a lattice. 20 Chairperson Deaton asked about landscaping around the silos. Commissioner Roberts 21 confirmed that the silos will be 30 feet high. Mr. Rende indicated that the silos are to be 22 34 feet high. 23 24 Chairperson Deaton commented that all of the buildings in the Pacific Gateway 25 Business Park have many truck bays, and she foresees that this will result in more 26 requests from surrounding residents for screening of these areas. She asked Mr. 27 Tecimer if it would be possible to plant trees to screen these areas, such as eucalyptus 28 trees that grow quickly and are inexpensive. Mr. Tecimer explained that OMP 29 purchased the property on December 20, 2005, after the project had gone through 30 approvals by both the City and the California Coastal Commission (CCC) and there 31 were many issues negotiated and that were part of the Boeing Specific Plan and the 32 Coastal Development permit that he was not a part of, and he believes that at that time 33 questions were raised regarding some of these issues. He stated that OMP has already 34 gone to considerable expense on this project and he was never made aware of many of 35 these issues, but he will follow up with the construction team regarding this. 36 Commissioner Roberts asked the Director of Development Services if he had any 37 recollection of what had transpired during the approval process for the Boeing Specific 38 Plan. Mr. Whittenberg stated that during the environmental review of the project Island 39 Village did comment about screening of the properties from view, but the ultimate 40 decision of the City and CCC was that because there are retention basins along the 41 west side of the property that run all the way down to Adolfo Lopez Drive that are partial 42 wetlands, fences and walls could not be constructed in these areas, and any plantings 43 had to be approved by the CCC. He explained that the plantings the CCC did approve 44 did not allow for what might normally be used for a screen wall with landscaping. Mr. 45 Tecimer added that some of the planting material indicated by the CCC is not what is 46 preferred, but this is what was approved. He said that on the west property line there is 21 of 24 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 1 also an Edison easement and they will not allow any sort of structure on this easement 2 area. Mr. Whittenberg noted that the actual telephone poles are within the wetland 3 retention basins, and there was a big issue over these poles being allowed in these 4 areas. 5 6 There being no one else wishing to speak, Chairperson Deaton closed the public 7 hearing. 8 9 Commissioner Comments 10 11 Commissioner O'Malley stated that this is an industrial park, and they have buildings 12 that manufacture things, and he believes that the City and Island Village are very 13 fortunate to have a plastics operation in this particular building. He said he worked in 14 the plastics industry a long time ago and this was a very clean operation, did not 15 generate a lot of noise, was in operation 24 hours, and had surrounding residences but 16 never received complaints. He noted that Mr. Rende has been very gracious in trying to 17 meet all of the needs of the community. He said this would be a self-contained 18 operation inside the building except for the cooling cell outside the building. 19 20 Commissioner Ladner thanked Mr. Rende for responding to all questions completely 21 and concisely. 22 23 Commissioner Bello stated that she is still uncomfortable with the concerns about the 24 environment. She said she would have liked to hear that Mr. Rende's company would 25 be participating in "Operation Clean Sweep." She stated that she would like to see 26 more research into whether there would be any impact from this type of manufacturing. 27 Mr. Whittenberg interjected that one of the conditions of approval is that Plastic 28 Industries must comply with all standard City Ordinance requirements regarding water, 29 sewer, fats, oils, and grease, which are a huge range of conditions; and they must also 30 comply with all requirements of the South Coast Air Quality Management District 31 (SCAQMD) and the Santa Ana Regional Water Quality Control Board (SARWQCB). He 32 stated that the main concern expressed by the SARWQCB was regarding the issue of 33 the pellets getting loose, but as soon as they heard it was a truck delivery operation and 34 not a rail deliver operation, they said they had no concerns. He added that truck 35 delivery does not have the leakage that would occur with a rail deliver operation. Mr. 36 Abbe added that another condition is that Plastic Industries must comply with all of the 37 City standards and regional standards as they currently stand and/or as may hereafter 38 be amended. He explained that should one of these boards subsequently determine 39 that this is in fact a toxic substance, Plastic Industries would have to comply with 40 whatever regulations came down at that time. Mr. Whittenberg interjected that this is in 41 proposed Condition NO.4 for the Site Plan Review regarding the silo operation. 42 43 Commissioner Roberts stated that he would like to add a condition requiring the posting 44 of a sign prohibiting the idling of trucks while at the loading dock. 45 22 of 24 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 December 6, 2006 Chairperson Deaton requested that a condition be added requiring that employee parking restrictions apply to both the 2nd and 3rd shifts. Mr. Whittenberg recommended the condition prohibiting food service vehicles from visiting this location. He noted that Condition NO.3 relates to the employee parking. He suggested revising the text to read: "Employee parking during the work shifts working between the hours of 3:00 p.m. and 7:00 a.m. shall be limited to the parking area as designated. " Mr. Abbe clarified whether the sign prohibiting the truck idling should state "except during delivery of polymer. " MOTION by Roberts; SECOND by O'Malley to approve Conditional Use Permit 06-8 and adopt Resolution 06-55 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 06-55 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. Mr. Whittenberg clarified for the Site Plan Review that the wall should be 6 feet high. Commissioner Roberts stated that the wall should be 8 feet high, and composed of a chain link fence with decorative louvers painted to match the building along with the landscape planter and the 36-inch boxes already included in the Site Plan. MOTION by Roberts; SECOND by O'Malley to approve Site Plan Review 06-1 and adopt Resolution 06-56 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 06-56 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 scheduled meeting for January 3, 2007, is to be cancelled due to a lack of items and also to allow Staff to work on long-rage projects 23 of 24 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 City of Seal Beach Planning Commission Meeting Minutes of December 6, 2006 pending. He recommended adjourning to the scheduled meeting of January 17, 2007. He then wished everyone a Happy Holiday and New Year. COMMISSION CONCERNS Commissioner Roberts requested that the next agenda include a short presentation by Staff on the public notice process and how this requirement is handled. ADJOURNMENT Chairperson Deaton adjourned the meeting at 10:45 p.m. to the scheduled meeting of January 17, 2007. Respectfully Submitted, ~~~~ Carmen Alvarez, Executive Secrefc3ry Planning Department APPROVAL The Commission on January 17, 2007, approved thF\. Minutes of the Planning Commission Meeting of Wednesday, December 6, 2006. \...:.-0...... 24 of 24