HomeMy WebLinkAboutPC Min 2007-03-21
City of Seal Beach Planning Commission
Agenda for March 21, 2007
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. January and February 2007 Building Activity Reports
2. Approve Planning Commission Meeting Minutes of February 7, 2007.
3. RECEIVE AND FILE: information Reports Re: "Regulatory Takings
Initiatives: The Stories Behind the November 2006 Election," "Development
Impact Fees 2006: A Year in Review," and "2006 Long Range Transportation
Plan - Regional Transportation Plan."
4. Minor Plan Review 07-4
916 Blue Heron
City of Seal Beach Planning Commission. Agenda of March 21, 2007
Applicant/Owner: Kenneth & Emily Young
Request: To install a 13-ft. 3-in. high open wood lattice pool cover
within the 15-ft. rear yard setback area. The pool cover
is proposed to be located 8 ft. from the rear property
line.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-9.
5. Minor Plan Review 07-5
961 Blue Heron
Applicant/Owner: Don Le
Request: To install a 9 ft. 0 in. high open, wood lattice structure
within the 15-ft. rear yard setback area. The open,
wood lattice structure is proposed to be located 4 ft.
from the rear property line. The lattice structure is 4 in.
wide, is "L-shaped," and is 11 ft. in length adjacent to
the side property line and 8 ft. in length adjacent to the
rear property line.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-12.
VI. SCHEDULED MATTERS
6. Adoption of Resolution 07-4 approving Variance 07-1 for 617 Ocean Avenue.
VII. PUBLIC HEARING
7. Conditional Use Permit 07-2
12470 Seal Beach Blvd. (Ralph's Market)
Applicant/Owner: Ralph's Markets (The Kroger Company, Western
Division) / Levine Investments
Request: To maintain three, four-seat tables with umbrellas for
outdoor dining use at an existing market.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-7.
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City of Seal Beach Planning Commission. Agenda of March 21, 2007
8. Conditional Use Permit 05-11 (Indefinite Extension
320 Main Street (Three Twenty Main)
Applicant/Owner: Conrad Mingura / Fred Reidman
Request: Approval of indefinite extension of a Conditional Use
Permit 05-11 at an existing restaurant, which allowed a
145-sq. ft. outdoor dining area at 320 Main Street in the
Main Street Specific Plan area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-10.
9. Conditional Use Permit 07-4
1000 Pacific Coast Hwy. (Automotive Excellence of Seal Beach)
Applicant/Owner:
Joseph Harris, Automotive Excellence of Seal
Beach/George A. Pearson
Request: Approval of a Conditional Use Permit at an automotive
repair business to permit an automotive tow service as
an accessory.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-14.
10. Planned Sign Program 07-1
12071-12541 Seal Beach Boulevard
Rossmoor Center (Shops at Rossmoor)
Applicant/Owner: Austin Pod rat / Century National Properties
Request: To amend a previously approved Planned Sign
Program for the Rossmoor Center (Shops at
Rossmoor). Requested amendment to Sign Program
will include demolition of 4 existing pylon signs and the
provision of new monument and directional signs
resulting in no increase in permitted sigh area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-11 .
VIII. STAFF CONCERNS
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City of Seal Beach Planning Commission. Agenda of March 21, 2007
IX. COMMISSION CONCERNS
X. ADJOURNMENT
To April 4, 2007, at 7:30 P.M.
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Apr04
Apr18
May 09
May 23
Jun 06
Jun 20
Jul04
Jul18
Aug 08
Aug 22
Sep 05
Sep 19
Oct 03
Oct 17
Nov 07
Nov 21
Dec 05
Dec 19
City of Seal Beach Planning Commission. Agenda of March 21, 2007
2007 Aaenda Forecast
Minor Plan Review 07-6 - 74 Riversea Road
CUP 07-5 - 12235 Seal Beach Blvd (Pei Wei Asian Diner)
CUP 07-6 - 12171 Seal Beach Blvd (California Pizza Kitchen)
Variance 07-2 - 429 Beryl Cove Way
CANCELLED
Study Session - Zoning Code Revision
HOLIDAY - Meeting Cancelled
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of March 21, 2007
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, March 21, 2007. 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, 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
MOTION by Roberts; SECOND by O'Malley to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Mike Bubbe, 412 Central Way, spoke in favor of the 2-story limit for homes in Old Town
and thanked the Planning Commission for listening to the concerns of the residents of
this community. He said that he had attended two of the Joint Study Sessions on the
Zoning Code and Subdivision Revisions, and has concluded that the community must
come to a compromise for zoning and height limits within Old Town. He noted that one
issue that has not been addressed regarding 3-story construction is that when
homeowners install solar panels to generate electricity, these panels require direct
1 These Minutes were transcribed from audiotape of the meeting
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City of Seal Beach Planning Commission
Meeting Minutes of March 21,2007
sunlight in order to function properly and obstruction of sunlight by large structures
makes these panels useless.
Mary Lewis noted that a preliminary response to the Joint Study Sessions from the
Save Our Seal Beach group has been presented to the Planning Commission and Mr.
Bubbe tonight. She stated that she believes the zoning revisions are simply a
"downzoning agenda specifically designed to limit housing to 4,000 square feet no
matter how big your lot is." She noted that this would create a "very privileged class of
property owners" made up of homeowners who were able to construct homes larger
than 4,000 sq. ft. prior to the proposal of these zoning revisions. She added that
approval of these proposed these changes would also seriously affect property values.
There being no one else wishing to speak, . Chairperson Deaton closed oral
communications.
PRESENTATION
1. Presentation of Resolution 07-19 honoring Phil Ladner for his service on the
Planning Commission.
Chairperson Deaton presented Mr. Ladner with Resolution 07-19 and thanked him for
his service to the City of Seal Beach. Mr. Ladner thanked the Commissioners and then
thanked Mr. Whittenberg for his assistance during Mr. Ladner's term on the Planning
Commission.
MOTION by Roberts; SECOND by O'Malley to approve Resolution 07-19, as presented,
honoring Phil Ladner for his service on the Planning Commission.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
CONSENT CALENDAR
2. January and February 2007 Building Activity Reports.
3. Approve Planning Commission Meeting Minutes of February 7,2007.
4. RECEIVE AND FILE: Information Reports Re: "Regulatory Takings
Initiatives: The Stories Behind the November 2006 Election," "Development
Impact Fees 2006: A Year in Review," and "2006 Long Range Transportation Plan
- Regional Transportation Plan."
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City of Seal Beach Planning Commission
Meeting Minutes of March 21, 2007
5. Minor Plan Review 07-4
916 Blue Heron
Applicant/Owner: Kenneth & Emily Young
Request: To install a 13-ft. 3-in. high open wood lattice pool cover
within the 15-ft. rear yard setback area. The pool cover is
proposed to be located 8 ft. from the rear property line.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-9.
6. Minor Plan Review 07-5
961 Blue Heron
Applicant/Owner: Don Le
Request: To install a 9 ft. 0 in. high open, wood lattice structure within
the 15-ft. rear yard setback area. The open, wood lattice
structure is proposed to be located 4 ft. from the rear
property line. The lattice structure is 4 in. wide, is "L_
shaped," and is 11 ft. in length adjacent to the side property
line and 8 ft. in length adjacent to the rear property line.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-12.
MOTION by O'Malley; SECOND by Bello to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution Nos. 07-9 and 07-12 begins a 10-day
calendar appeal period to the City Council. The Commission action tonight is final and
the appeal period begins tomorrow morning.
SCHEDULED MATTERS
7. Adoption of Resolution 07-4 approving Variance 07-1 for 617 Ocean Avenue.
MOTION by Roberts; SECOND by O'Malley to approve Variance 07-1, subject to
conditions, and adopt Resolution 07-4 as presented.
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City of Seal Beach Planning Commission
Meeting Minutes of March 21, 2007
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution No. 07-4 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
8. Conditional Use Permit 07-2
12470 Seal Beach Blvd. (Ralph's Market)
Applicant/Owner: Ralph's Markets (The Kroger Company, Western Division) I
Levine Investments
Request: To maintain three, 4-seat tables with umbrellas for outdoor
dining use at an existing market.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-7.
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 this application is for the continued operation of an informal outdoor seating
area that has existed for a number of years. He indicated that the City requires a
Conditional Use Permit (CUP) for use of tables for outside dining purposes. He stated
that the tables are approximately 650 feet away from the nearest residences in the area
and Staff does not foresee that use of these tables would create a noise issue. He
noted that several other restaurants within the Old Town Center have received approval
for outdoor dining tables. He said that Staff is recommending approval, subject to
conditions.
Commissioner Questions
None.
Public HearinQ
Chairperson Deaton opened the public hearing.
Christopher Ko, a representative for Ralph's Market, stated that he would be happy to
respond to questions from the Commissioners. Commissioner O'Malley asked if
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City of Seal Beach Planning Commission
Meeting Minutes of March 21, 2007
Ralph's had received any complaints regarding the outdoor dining tables. Mr. Ko stated
that Ralph's has received no complaints.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
Commissioner Roberts stated that he visits the store frequently and sees no
intrusiveness by this dining area. He said the area is always clean and the tables are
set back enough from the driveway to ensure the safety of the people making use of
them.
Commissioner O'Malley stated that he also visits the store frequently and usually the
only people he sees using the tables are the employees when on their break.
MOTION by Roberts; SECOND by O'Malley to approve Conditional Use Permit 07-2,
subject to conditions, and adopt Resolution 07-7 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution No. 07-7 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
9. Conditional Use Permit 05-11 (Indefinite Extension)
320 Main Street (Three Twenty Main)
Applicant/Owner: Conrad Mingura / Fred Riedman
Request: Approval of indefinite extension of a Conditional Use Permit
05-11 at an existing restaurant, which allowed a 145-sq. ft.
outdoor dining area at 320 Main Street in the Main Street
Specific Plan area.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-10.
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 initial application had included modification of the liquor license, a request
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City of Seal Beach Planning Commission
Meeting Minutes of March 21,2007
for live entertainment, and a change in the hours of operation. He indicated that the
Planning Commission did not approve the change in the alcohol license or the live
entertainment, and determined that because the provisions of the Main Street Specific
Plan (MSSP) mandate specific operating hours, the hours of operation could not be
changed. He noted that in this particular case the original approvals granted prior to the
adoption of the MSSP authorized longer hours, and as such these are currently the
allowed hours of operation. He stated that Staff has received no complaints related to
the outdoor dining area and after approval of the outdoor dining area, the applicant
subsequently applied in 2006 for a change in the alcohol license, which was approved
subject to a 12-month review period. He said that Staff recommends approval of the
Indefinite Extension of CUP 05-11, subject to conditions.
Commissioner Question
Commissioner Roberts asked if all of the conditions of approval have been met by the
applicant. Mr. Whittenberg stated that the applicant has been in compliance.
Chairperson Deaton asked if Staff had received any complaints related to the outdoor
dining area. Mr. Whittenberg reported that Staff has received none.
Public HearinQ
Chairperson Deaton opened the public hearing.
Conrad Mingura, owner of Three Twenty Main, stated that he would be happy to
respond to any questions from the Commission. Chairperson Deaton asked how the
business was faring. Mr. Mingura stated that it is doing very well. Commissioner
Roberts asked if the outdoor seating arrangement is working well. Mr. Mingura
confirmed that it is.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
None.
MOTION by Roberts; SECOND by O'Malley to approve the Indefinite Extension of
Conditional Use Permit 05-11, subject to conditions, and adopt Resolution 07-10 as
presented.
MOTION CARRIED:
A YES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
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1 Mr. Abbe advised that the adoption of Resolution No. 07-10 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.
4
5 10. Conditional Use Permit 07-4
6 1000 Pacific Coast Hwy. (Automotive Excellence of Seal Beach)
7
8 Applicant/Owner: Joseph Harris, Automotive Excellence of Seal Beachl
9 George A. Pearson
10
11 Request: Approval of a Conditional Use Permit at an automotive repair
12 business to permit an automotive tow service as an
13 accessory.
14
15 Recommendation: Approval, subject to conditions, and adoption of Resolution
16 07-14.
17
18 Staff Report
19
20 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
21 Planning Department.) He provided some background information on this item and
22 noted that City Council had adopted Zone Text Amendment (ZTA) 06-2, which allows
23 tow businesses within the C-2 General Commercial Zone, subject to approval of a
24 Conditional Use Permit. He explained that ZTA 06-2 includes specific conditions for this
25 type of use if it is located within 300 feet of properties in a residential zone. He stated
26 that the tow business for Automotive Excellence (AE) previously existed at the service
27 station at the corner of Bolsa Avenue and Pacific Coast Highway (PCH) in the Pavilions
28 shopping center. He noted that when the service station was demolished as part of the
29 renovations in this shopping center, the tow business moved across the street to an
30 existing auto repair business located on the corner of 10th Street and PCH. He stated
31 that City records show that the automotive business has been at this location since
32 approximately the 1970s. He indicated that the staff report states that generally the City
33 would prefer not to see this type of use this close to residential uses. Mr. Whittenberg
34 stated that tow businesses have been available within the City for many years, and this
35 issue has arisen as a result of a code enforcement complaint received from residents
36 across the street from the service station, related to late night operations and the
37 beeping of the tow trucks when dropping off vehicles. He said that at this point Staff
38 became aware that City Code did not allow for this type of use, and this was the
39 purpose of creating ZT A 06-2 to establish the parameters for this type of use within the
40 City. He indicated that Staff is recommending approval of this request, subject to
41 conditions, and noted that Staff had received a letter in opposition to this request from
42 Rodi Properties, the owners of the shopping center on the east side of the service
43 station. He then indicated that a letter in favor of this request was also received, and
44 copies of both letters have been provided to the Planning Commission. The Director of
45 Development Services acknowledged that due to the nature of the business and the
46 need to tow cars at odd hours of the day and night, this is a difficult use to work into an
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1 area that has nearby residences. He noted that the conditions of approval include a
2 6-month review period, followed by a 12-month review to determine whether this use is
3 working.
4
5 Commissioner Questions
6
7 Commissioner Roberts stated that operational guidelines were addressed during the
8 discussion for ZTA 06-2. He asked if Staff had reviewed these guidelines with the
9 applicant, as there appeared to be some resistance regarding how he would notify other
10 tow businesses on the issue of late night drop offs of towed vehicles. Mr. Whittenberg
11 stated that he has not had a separate discussion with the applicant, but he believes he
12 still has some concerns regarding this. He stated that with regard to notifying other tow
13 business, the City was trying to ensure that other tow operators bringing vehicles to this
14 location are aware of neighborhood compatibility issues and would be as sensitive to
15 this as possible by doing such things as using PCH to approach Auto Excellence rather
16 than driving down 10th Street from Electric Avenue. He noted that Staff has never
17 expected that there would be 100 percent compliance with this recommendation, but
18 this would help show the neighborhood that an attempt has been made to keep other
19 tow companies aware of this issue. Commissioner Roberts asked if Mr. Whittenberg
20 had ever dealt with operational guidelines as part of a CUP. Mr. Whittenberg stated that
21 at the previous city for which he worked, the same types of things were used, as there
22 were 4 or 5 tow companies within the city, and some of them were very close to
23 residential.
24
25 Commissioner O'Malley asked if this item had been properly noticed. Mr. Whittenberg
26 confirmed that it was properly noticed to all surrounding property owners and occupants
27 within 300 feet. Commissioner O'Malley asked if Staff had received any further
28 communications from the property owners who had previously complained. Mr.
29 Whittenberg stated that Staff had received no further communications.
30
31 Chairperson Deaton asked about placing signs along 10th Street prohibiting tow trucks.
32 Mr. Whittenberg stated that this could be considered. Mr. Abbe added that although the
33 City does have the discretion to regulate specific kinds of vehicles that can park on a
34 street, he is not certain that tow trucks could be prohibited on a particular street. Mr.
35 Whittenberg added that after a while the business operator at this location will have a
36 better idea of the major tow companies that come in on a frequent basis, and these
37 would be the ones to get this information to so that they are aware of the need to enter
38 from PCH, rather than from residential streets.
39
40 Public HearinQ
41
42 Chairperson Deaton opened the public hearing.
43
44 Joe Harris, owner of AE, said that he worked together with Mr. Whittenberg in creating
45 the operating guidelines, and he believes that they are working, as, to his knowledge;
46 there have been no further complaints. He said the tow business is a noisy one, but he
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1 wishes to keep his business in Seal Beach and wants to be a good neighbor. He noted
2 that the towing business is operated from 8:00 a.m. to 10:00 p.m., as he cannot operate
3 any less because the Automobile Club of America (AAA) will not contract with his
4 business if he closes earlier. He said that any calls for towing after 10:00 p.m. would be
5 handled by another out-of-town towing agency. With regard to cars being towed in after
6 hours, he noted that his business probably receives an average of 2 calls a month. He
7 emphasized that he has abided by the guidelines and he understands that he must
8 notify the other companies from outside Seal Beach who do tow cars in to his business,
9 and the AAA is going to assist with this. Commissioner O'Malley stated that although
10 tow trucks can be a nuisance, you do have a greater appreciation for them when you
11 need one. He then asked if Mr. Harris had received a copy of the letter from Rodi
12 Properties in which Mr. Galbraith states that employees of AE have been parking in his
13 parking lot. Mr. Harris stated that he received a letter approximately 6 months ago to
14 which he had responded that to his knowledge, his employees were not parking on Mr.
15 Galbraith's property, but if they were, he was within his rights to have the cars towed
16 away. He said he had never received a response from Mr. Galbraith. Chairperson
17 Deaton added that Mr. Galbraith also claims that Mr. Harris frequently purchases totaled
18 vehicles and refurbishes them for resale. She asked if this were true. Mr. Harris stated
19 that it is not true, but he believes the previous owner of the service station did do so.
20 Commissioner Roberts stated that one of the complaints received was that Mr. Harris is
21 parking wrecked cars along the frontage of PCH. He stated that in driving by today he
22 noted that the cars have tarps over them, and asked if this were a new policy. Mr.
23 Harris stated that when a car that has been involved in a collision is brought in, AE must
24 wait for authorization from the respective insurance carrier prior to towing the cars to the
25 approved repair shop. He said that while awaiting this approval the cars are covered
26 with tarps and are parked behind the business along the alley. Commissioner Roberts
27 asked if there were an off-site parking place to be used when business increases. Mr.
28 Harris stated that when it gets too busy, he tries not to take in any more cars and tells
29 car owner that they must pick up their cars as soon as it is repaired. Mr. Harris noted
30 that a lot of the noise is currently being generated by the construction across the street.
31 Chairperson Deaton stated if after receiving the letter from Rodi Properties, Mr. Harris
32 had instructed his employees that they were not to park in the Zoeter Place parking lot?
33 Mr. Harris stated that he had not received a copy of the most recent letter, and noted
34 that parking is a problem for all businesses within Seal Beach.
35
36 Emily, an employee of Seal Beach Family Medical Group located within Zoeter Place,
37 stated that she and her co-workers have been assigned the alley between Zoeter Place
38 and AE to park their cars and AE employees do park cars in this area. She noted that
39 although they are not the employee cars, they are the cars awaiting repairs. She stated
40 that she has personally gone over more than once to ask them to move the cars, and
41 she knows these are cars from AE because they have receipts on the windshields, but
42 the employees will deny that these are their repair cars, although they will then move
43 the cars after she has gone back to her office. She stated that the employees of AE are
44 consistently evasive and rude to employees of Zoeter Place businesses. She indicated
45 that the situation can only escalate if they are allowed to maintain the tow business, as
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1 they will bring more cars onto the property, creating more parking problems. She
2 emphasized her opposition to this request.
3
4 Paul Strauss, a representative for Rodi Properties, stated that the basic problem Rodi
5 has with the applicant is that there is just not enough parking at this location to
6 accommodate the overflow of traffic. He stated that businesses should have to operate
7 within a self-contained environment, and this is not the case with AE. He said there is a
8 continual problem with parking in the alley way behind Zoeter Place, which has become
9 quite a large problem. He said that two letters were exchanged with the applicant, as
10 well as one telephone conversation during which the applicant was "less than helpful."
11 He noted that Rodi has received complaints from several of their tenants and he noted
12 that allowing a tow business at this location would be "a step backward." Commissioner
13 Roberts asked if Mr. Strauss had determined whether the cars belong to employees of
14 AE or whether they are cars awaiting repair or pick up. Mr. Strauss stated that
15 complaints from tenants indicate that it is a combination of the two. He said his
16 impression is that it is also parking when moving cars in and out of the bays for repair,
17 and there is simply not enough room on their lot to do this, and a tow operation would
18 only serve to compound this problem. Commissioner Roberts asked if Rodi has elected
19 not to call the police department to tow these cars. Mr. Strauss stated that doing this
20 involves a lot of legal requirements and creates good neighbor and management issues
21 with regard to policing a situation that should not be there. Commissioner O'Malley
22 stated that he keeps hearing that it is "Illegal to park in the alley." He asked if this were
23 true, as he sees no signs in the alley prohibiting this. Mr. Whittenberg provided
24 PowerPoint photos of 1000 Pacific Coast Highway so that the Commissioners might
25 have a better idea of where cars are being parked. He noted that parking is not allowed
26 in public alleys and, therefore, is not allowed in the alley between the properties. He
27 stated that City requirements for accessing parking areas require that from one side of
28 the alley to the other there is a 24-foot distance for maneuvering a vehicle in and out of
29 the parking spaces. Commissioner Roberts clarified that cars are being parked along
30 the alley parallel to the AE building.
31
32 Emily pointed out the area of the alley in which AE has been parking their cars and
33 noted that cars are sometimes parked in the parking spaces designated for employees
34 of Zoeter Place. She said that she objects to cars being parallel parked in the alley and
35 she had suffered damage to her car when backing out of her parking space, as she was
36 not able to see the parked car behind hers. She stated that when she has gone over to
37 request that the cars be moved she is not treated respectfully by the employees of AE.
38 She said that if AE ignores the parking restrictions now, as business begins to increase
39 this would only serve to escalate the problem.
40
41 Dennis Courtmarche, 15th Street, stated that he has 5 automobiles and has used the
42 services of AE on many occasions. He said that he frequently passes the business
43 location when walking his dog in the morning and has never seen the Zoeter parking
44 areas full of cars, and he has never seen the cars parked parallel on the other side of
45 the alley. He stated that this is a much needed business and Rodi Properties and AE
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1 should work together to find some "common ground" so that these businesses can
2 coexist. He recommended approval of CUP 07-4.
3
4 Paul Strauss of Rodi Properties added that parking is an issue and the Zoeter parking
5 lot is almost always full. He said that Rodi is not trying to prevent another business from
6 operating, but they simply wish to operate their business in a self-contained manner,
7 just as AE should. He said that Rodi does not want AE parking on Zoeter property nor
8 do they want Zoeter employees parking on the AE property. Chairperson Deaton asked
9 if signs are posted noting that parking is designated for Zoeter Place. Mr. Strauss
10 stated that signs are posted.
11
12 Ms. Bubbe asked if AE is open on Sundays. She stated that her concern is that AE is
13 next to St. Anne's Church and the tow trucks dropping off cars might prove to be
14 disruptive to the Sunday services.
15
16 Mr. Dithers stated that he lives in Long Beach and has done business with AE when he
17 has experienced problems with his car. He stated that he has his car repairs done in
18 Seal Beach and he believes that this is a vitally needed service in the community. He
19 noted that Seal Beach has always had parking problems.
20
21 Joe Harris disagreed with Emily's statement that AE is always parking cars in the alley,
22 and indicated that parking problems in the Zoeter center have increased with the new
23 optometry office that recently opened there. He indicated that there are 2 optometrists
24 and 6 employees in this business and they park in the alley. He said that Zoeter Place
25 does not have enough parking to accommodate all of the employees for businesses
26 within the center, or for customer parking. Chairperson Deaton asked if Mr. Harris was
27 currently operating the towing business. Mr. Harris confirmed that he is. Chairperson
28 Deaton asked if Mr. Harris were in agreement with the proposed conditions of approval,
29 as presented in Resolution 07-14. Mr. Harris stated that he is in agreement and will
30 abide by them. In response to Ms. Bubbe's questions, Mr. Harris stated that AE does
31 not repair cars on Sunday, but the towing business must operate on Sundays. He
32 noted that the towing trucks do not back up when dropping off cars, so there would be
33 no beeping heard from the trucks. Commissioner Roberts asked about Mr. Harris's
34 statement regarding getting help from AAA in drafting a notice for outside towing
35 businesses that bring cars to AE. Mr. Harris confirmed that he would work with the
36 Director of Development Services and would also ask for input from AAA regarding
37 acquiring the addresses of these towing services.
38
39 There being no one else wishing to speak, Chairperson Deaton closed the public
40 hearing.
41
42 Commissioner Comments
43
44 Commissioner O'Malley stated that it appears that AE has attempted to comply with all
45 of the requirements, particularly since the ZT A hearings, and he noted that AE had
46 unwillingly had to move from its previous location and into an area where they were not
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wanted, and have done everything they can to be a good neighbor. He said he would
vote to approve.
Commissioner Roberts stated that after hearing the public testimony, he is troubled to
hear that neighbors of AE had been treated rudely. He also expressed concern over
Emily's damaged car and recommended that Mr. Harris take to heart some of the
concerns expressed tonight. He stated that he would approve based upon the 6-month
and 12-month review requirements.
Commissioner Bello expressed her concern that even with the new standards for tow
services, there is still a problem with the parking of vehicles on private property. She
also stated that she is really concerned that the two business owners have not been
able to work this out. She said she truly enjoys the convenience of having a towing
service in the City of Seal Beach. She stated that if this issue is not resolved by the
time of the 6-month review, she would not approve an indefinite extension of this CUP.
Chairperson Deaton stated that Mr. Harris has gone on record and testified that AE will
not use the Zoeter Place parking and she assumes that this would also include illegally
parking in the alley. She stated that she hopes that at the 6-month review all of these
issues will have been resolved.
MOTION by Roberts; SECOND by O'Malley to approve Conditional Use Permit 07-4
and adopt Resolution 07-14 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution No. 07-14 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
11. Planned Sign Program 07-1
12071-12541 Seal Beach Blvd (Shops at Rossmoor)
Applicant/Owner:
Austin Pod rat I Century National Properties
Request:
To amend a previously approved Planned Sign Program for
the Rossmoor Center (Shops at Rossmoor). Requested
amendment to Sign Program will include demolition of 4
existing pylon signs and the provision of new monument and
directional signs resulting in no increase in permitted sign
area.
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1 Recommendation: Approval, subject to conditions, and adoption of Resolution
2 07-11.
3
4 Staff Report
5
6 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
7 Planning Department.) He provided some background information on this item and
8 noted that this is basically an amendment to the Planned Sign Program (PSP)
9 previously approved in 2002 for the Shops at Rossmoor. He explained that the request
10 is to decrease the number of pylon signs and increase the monument and some
11 directional signs within the shopping center, based upon the ongoing renovations. The
12 program does not change the maximum number of square feet permitted under the
13 previous PSP, but simply reallocates the signs to different types than what was
14 previously approved. He noted that the application as presented meets all of the
15 required findings for discretionary approval, and Staff is recommending approval,
16 subject to conditions.
17
18 Commissioner Questions
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20 Commissioner Roberts stated that the previous approval included a sign that had an
21 open bottom, and the proposed area is now filled in with signage. He expressed his
22 concern that the pylon signs might interfere with visibility for the egress traffic. Mr.
23 Whittenberg stated that the pylon signs would actually be within the interior parking lot
24 area and not along the street frontage where the monument signs are to be located.
25
26 Public HearinQ
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28 Chairperson Deaton opened the public hearing.
29
30 Jack Fovell of the Southwest Sign Company stated they are in agreement with the
31 conditions of approval and he would be happy to respond to any questions from the
32 commissioner.
33
34 There being no one else wishing to speak, Chairperson Deaton closed the public
35 hearing.
36
37 Commissioner Comments
38
39 Commissioner Roberts confirmed that the Director of Development Services is satisfied
40 with the distance of the signs relative to the driveways and exits onto Seal Beach
41 Boulevard. Mr. Whittenberg stated that they are all placed back far enough and angled
42 away from the driveway entrances so as not to impair the view for cars exiting the
43 center. Commissioner Roberts asked if there were any variances to the City's
44 requirements for the height and square footage of monument signs. Mr. Whittenberg
45 stated that the City has no defined standards, other than allowing a maximum area of
46 signage for the entire shopping center based upon the number of linear feet of building
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frontages within the center, and the Shops at Rossmoor are far under the allowance.
Commissioner Roberts asked if the Old Town Center across the street uses monument
signs. Mr. Whittenberg explained that the Old Town Center has monument signs that
are approximately the same size.
MOTION by Roberts; SECOND by Bello to approve Planned Sign Program 07-1 and
adopt Resolution 07-11 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Deaton, Bello, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution No. 07-11 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 stated that the new Senior Planner, Jerome Olivera, will begin work
with the City of Seal Beach on April 2, 2007.
Mr. Whittenberg then noted that the meeting of April 18, 2007, has been cancelled, as
he will be attending the National Planning Conference in Philadelphia. He then noted
that a study session on the Zoning Code Revision is tentatively scheduled for May 9,
2007, to go back and revisit some of these issues. Chairperson Deaton asked what
part of the Zoning Code would be under review. Mr. Whittenberg stated that he is
recommending that the Commission look at everything except the residential, which
would be reviewed at the Planning Commission meeting of May 23,2007. He indicated
that Staff has asked several architects to look at the proposed standards and provide
feedback. He noted that there would probably be other business items on the agenda
prior to beginning the study sessions.
The Director of Development Services then reported that Staff has received plans for
the following businesses in the Shops at Rossmoor: Circuit City, California Pizza
Kitchen, Pei-Wei Asian Diner, Peet's Coffee & Tea, Chico's, and Mel's Diner.
COMMISSION CONCERNS
Commissioner O'Malley requested a status on Ruby's Diner. Mr. Whittenberg stated
that they have been in discussion regarding submission of plans and Ruby's had
indicated that plans would be ready by March 15, but to date, Staff has received
nothing.
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1 Chairperson Deaton asked that Staff confer with the City Attorney regarding the ability
2 to place signs prohibiting tow trucks along 10th Street. Mr. Abbe stated that he is certain
3 this would involve revision of the Municipal Code, but he would be happy to look into
4 this.
5
6 Mr. Whittenberg stated that City Council will be appointing a new Commissioner at its
7 meeting on Monday, March 26, 2007.
8
9
10 ADJOURNMENT
11
12 Chairperson Deaton adjourned the meeting at 9:03 p.m. to the next scheduled meeting
13 of April 4, 2007, at 7:30 pm.
14
15
16 Respectfully Submitted,
17
~~ ~~-
20 Carmen Alvarez, Executive Secretary
21 Planning Department
22
23
24 APPROVAL
25
26 The Commission on April 4, 2007, approved the Minutes of the Planning Commission
27 Meeting of Wednesday, March 21,2007. ~.
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