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HomeMy WebLinkAboutPC Min 2007-04-04 City of Seal Beach Planning Commission Agenda for April 4, 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. Approve Planning Commission Meeting Minutes of March 21,2007. 2. RECEIVE AND FILE: Information Reports Re: "The Rise of the Megapolitans," "Responsible Land Use Leads to Better Quality of Life," and "Fighting CEQA With CEQA." 3. Minor Plan Review 07-6 74 Riversea Road Applicant/Owner: Sheila Oden / Seal Beach Affordable Housing Corp. 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 City of Seal Beach Planning Commission. Agenda of April 4, 2007 is proposed to be located 8 ft. from the rear property line. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-13. VI. SCHEDULED MATTERS VII. PUBLIC HEARING 4. Conditional Use Permit 07-5 12235 Seal Beach Blvd. (pei Wei Asian Diner) Shops at Rossmoor Applicant/Owner: Matt Clark (Francher Development / Century National Properties Request: To permit the on-premise sale of beer and wine at a new restaurant to be located in the Shops at Rossmoor. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-15. 5. Conditional Use Permit 07-6 12171 Seal Beach Blvd. (California Pizza Kitchen) Shops at Rossmoor Applicant/Owner: Nina Rafy (Francher Development / Century National Properties Request: To permit the on-premise sale of beer, wine, and distilled spirits and an outdoor dining area for 44 persons at a new restaurant to be located in the Shops at Rossmoor. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-16. 6. Variance 07-2 429 Beryl Cove Way Applicant/Owner: Nora Varshavsky & Leo Varshavsky 2 City of Seal Beach Planning Commission . Agenda of April 4, 2007 Request: To construct a 7-foot high block wall along the street side yard and rear yard property lines where a 6-foot high wall is currently allowed. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-18. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT To May 9,2007, at 7:30 P.M. 3 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 April 4, 2007 2007 Aaenda Forecast CANCELLED Study Session - Zoning Code Revision HOLIDAY - Meeting Cancelled 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of April 4, 2007 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, April 4, 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, Massa-Lavitt, O'Malley, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Jerry Olivera, Senior Planner Alexander Abbe, Assistant City Attorney Absent: None Mr. Whittenberg introduced the new Planning Commissioner for District 5, Saundra Massa-Lavitt and welcomed her to the Commission. He then introduced the new Senior Planner, Jerry Olivera, who was formerly a Planner with the City of Long Beach and the City of Bellflower. AGENDA APPROVAL Mr. Whittenberg noted that the wrong description was inadvertently placed on the agenda for Item No.3, Minor Plan Review 07-6 for 74 Riversea Road; therefore, this matter cannot be considered tonight. The applicant and interested parties have been informed that this item would be rescheduled for the Planning Commission meeting of May 9,2007. He requested that this item be removed from the agenda. Mr. Abbe recommended that Item NO.1 also be removed from the Consent Calendar. MOTION by O'Malley; SECOND by Roberts to approve the Agenda as amended. MOTION CARRIED: 5 - 0 AYES: Deaton, Bello, Massa-Lavitt, O'Malley, and Roberts NOES: None 1 These Minutes were transcribed from audiotape of the meeting. 1 of 10 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 April 4, 2007 ABSENT: None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Mike Bubbe, 412 Central Way, stated that residents of Old Town do not want 3-story buildings, and in talking with members of the community he has found that the majority do not want 3-story homes on any size lot. He spoke of the desire for fresh air, sunshine, and privacy as being basic elements of life in Seal Beach, and stated that the character of the town is typified by a neighborly concern for the good of the whole community and not just a few. Joyce Parque encouraged residents to attend the upcoming study session for the Subdivision and Zoning Code revisions and to call their council representative to urge them to help preserve property rights. There being no one else wishing to speak, Chairperson Deaton closed oral communications. CONSENT CALENDAR 2. RECEIVE AND FILE: Information Reports Re: "The Rise of the Megapolitans," "Responsible Land Use Leads to Better Quality of Life," and "Fighting CEQA With CEQA. " MOTION by Roberts; SECOND by O'Malley to approve the Consent Calendar as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Massa-Lavitt, O'Malley, and Roberts None None 1. Approve Planning Commission Meeting Minutes of March 21,2007. Mr. Abbe noted that Commissioner Massa-Lavitt would abstain from voting on this item, as she was not present for the meeting of March 21,2007. MOTION by Bello; SECOND by O'Malley to approve the Planning Commission Meeting Minutes of March 21,2007, as presented. MOTION CARRIED: 4 - 0 - 1 AYES: Deaton, Bello, O'Malley, and Roberts 2 of 10 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 April 4, 2007 NOES: ABSENT: ABSTAIN: None None Massa-Lavitt SCHEDULED MATTERS None. PUBLIC HEARINGS 4. Conditional Use Permit 07-5 12235 Seal Beach Blvd. (Pei Wei Asian Diner) Shops at Rossmoor Applicant/Owner: Matt Clark (Francher Development / Century National Properties Request: To permit the on-premise sale of beer and wine at a new restaurant to be located in the Shops at Rossmoor. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-15. 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 this restaurant space measures approximately 3,300 sq. ft. in area and is to be located directly behind the former Parasol Restaurant building. He explained that previously there had been a total of 9 alcohol licenses within the Rossmoor Center, two of which were for off-sale. He indicated that this is the first replacement license for a previously existing business that has since been demolished. He said that Staff is recommending approval, subject to conditions. Commissioner Questions Chairperson Deaton asked if Staff would be recommending approval for increasing the saturation of alcohol licenses for this area, or just for replacement of a license. Mr. Whittenberg confirmed that in this case the PC would be voting to replace a license. Commissioner Roberts asked if the applicant is contemplating having outdoor dining. Mr. Whittenberg stated that during discussion with the leasing agent they indicated that this applicant is not interested in an outdoor dining area. He noted that should they 3 of 10 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 Mmutes of Apnl 4, 2007 change their mind, an outdoor dining area would require submittal of a separate Conditional Use Permit (CUP) application. Public Hearinq Chairperson Deaton opened the public hearing. Matt Clark of Fancher Development stated that he represents Pei Wei Asian Diner and would be happy to respond to any questions from the Commission. Commissioner Roberts asked if the square footage of this location is typical of other Pei Wei restaurants. Mr. Clark stated that the restaurant size usually measures 2,700 to 3,500 sq. ft. Commissioner Roberts asked how many restaurants there are. Mr. Clark stated that there are approximately 111. Commissioner Roberts asked if most of the restaurants had the Type 41 license. Mr. Clark stated that they are all licensed to serve beer and wine only and Pei Wei is not interested in serving hard liquor. Commissioner Roberts asked about the outdoor dining. Mr. Clark stated that Pei Wei feels that at this location there is sufficient room on the inside to be profitable. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments Commissioner Roberts stated that with the concentration of liquor licenses decreased in this area, he has no major concerns and noted that he is doubtful that the concentration of liquor licenses will be allowed to increase to saturation as before. MOTION by Roberts; SECOND by Bello to approve Conditional Use Permit 07-5, subject to conditions, and adopt Resolution 07-15 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Massa-Lavitt, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 07-15 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 5. Conditional Use Permit 07-6 12171 Seal Beach Blvd. (California Pizza Kitchen) Shops at Rossmoor Applicant/Owner: Nina Rafy (Fancher Development / Century National Properties 4 of 1 0 City of Seal Beach Planning Commission Meeting Minutes of April 4, 2007 1 Request: To permit the on-premise sale of beer, wine, and distilled 2 spirits and an outdoor dining area for 44 persons at a new 3 restaurant to be located in the Shops at Rossmoor. 4 5 Recommendation: Approval, subject to conditions, and adoption of Resolution 6 07-16. 7 8 Staff Report 9 10 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 11 Planning Department.) He provided some background information on this item and 12 noted that this application would also be for replacement of one of the full liquor licenses 13 for previously existing businesses. He stated that the restaurant measures 14 approximately 5,600 sq. ft. with a seating capacity of approximately 195 persons, and 15 there will be a 440 sq. ft. outdoor dining area that will seat 44 persons. He noted that 16 the outdoor dining area is closer to Seal Beach Boulevard and would be screened from 17 the nearest residences behind the center by the bulk of the commercial buildings within 18 the Shops at Rossmoor. He said that Staff is recommending approval, subject to 19 conditions, with a modification that the proposed screening material for the outdoor 20 dining area be 42 inches high. 21 22 Public HearinQ 23 24 Chairperson Deaton opened the public hearing. 25 26 Nina Raey of Fancher Development stated that she represents California Pizza Kitchen 27 (CPK) and they are in agreement with the Conditions of Approval and she would be 28 happy to respond to any questions from the Commission. She noted that there are 29 hundreds of CPK restaurants nation wide and they are very well aware of the 30 requirements for the sale of alcohol and anticipate no problems at this new location. 31 Commissioner Bello asked what percentage of the restaurants have full liquor licenses. 32 Ms. Raey responded that all of the CPK restaurants have them. Commissioner Roberts 33 asked if the square footage for this new restaurant would be comparable to the CPK at 34 The Marketplace. Ms. Raey stated that most of the restaurants will range in size from 35 5,500 to 6,100 square feet depending upon the size of the lot, with outdoor dining patios 36 ranging in size from 400 to 700 square feet. Commissioner Roberts asked about the 37 proposed gate to exit the outdoor patio onto the public sidewalk. Ms. Raeyexplained 38 that this gate is to be used primarily as a fire exit. Mr. Whittenberg interjected that these 39 gates are generally a requirement of the Department of Alcohol and Beverage Control 40 and the Building Code. 41 42 There being no one else wishing to speak, Chairperson Deaton closed the public 43 hearing. 44 45 Commissioner Comments 46 5 of 1 0 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 April 4, 2007 None. MOTION by Roberts; SECOND by O'Malley to approve Conditional Use Permit 07-6 and adopt Resolution 07-16 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Massa-Lavitt, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 07-16 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 6. Variance 07-2 429 Beryl Cove Way Applicant/Owner: Nora Varshavsky & Leo Varshavsky Request: To construct a 7-foot high block wall along the street side yard and rear yard property lines where a 6-foot high wall is currently allowed. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-18. 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 property is located on a corner lot across the street from the McGaugh Elementary School playground area. He explained that there is approximately a 2.5-foot grade differential from the height of the playground area to the height of the Varshavsky property, which allows people on the playground to look over the current 6-foot high wall into the applicant's rear yard and into the living spaces. He stated that the applicant is requesting to construct a 7-foot high wall along the street frontage and on the return across the rear of the property adjacent to the neighbor's driveway. The Director of Development Services explained that due to the grade differential and the narrowness of the street in this area, allowing only a 45-foot wide right-of-way rather than 60 feet, the school grounds are 15 feet closer to 429 Beryl Cove than most of the other properties in the area. Staff is recommending approval of the 7-foot wall along the street frontage of the property, subject to conditions; however, Staff does not recommend approval of the Variance for a 7-foot wall across the rear of the property, which is the common line to the neighbor and adjacent to a driveway, and meets no findings to recommend approval. He then provided a PowerPoint presentation of photos of the subject property. 6 of 10 City of Seal Beach Planning Commission Meeting Minutes of April 4, 2007 1 2 3 Commissioner Questions 4 5 None. 6 7 Public Hearinq 8 9 Chairperson Deaton opened the public hearing. 10 11 Leo Varshavsky spoke for himself and Nora Varshavsky. He stated that they feel they 12 definitely need the 7-foot high wall to the rear of the property as well, because the trees 13 that currently provide some screening in this area are to be removed to construct the 14 wall. He noted that when school children are on the Jungle Jim on the playground they 15 are able to have an unobstructed view into the side of the Varshavsky house and can 16 look directly into a bedroom and the living room. He then indicated that the property on 17 the corner of Jade Cove Way and Marlin Avenue has a 7 -ft. 2-in. high wall along both 18 the side facing Marlin Avenue and on the rear of the property. Nora Varshavsky added 19 that her rear yard faces the neighbor's front yard and the children use a basketball hoop 20 located in the driveway and the basketball is always in the Varshavsky's yard. She 21 noted that for curb appeal they would also like to have the entire wall the same height. 22 Commissioner Roberts asked if the back yard is the same elevation on both sides of the 23 fence. Mr. Varshavsky stated that the intent is that the elevation will be the same on 24 both sides when the wall is constructed. Commissioner Roberts then questioned the 25 request for a 7-foot high fence along Marlin Avenue to be 53 feet in length with 26 proposed extension at a later time. Mr. Whittenberg interjected that Staff has 27 recommended that the 7-foot high, 70-foot long wall be approved to include the future 28 extension. 29 30 There being no one else wishing to speak, Chairperson Deaton closed the public 31 hearing. 32 33 Commissioner Comments 34 35 Commissioner O'Malley stated that he believes the applicants have a good argument 36 for allowing a 7-foot wall along the property line. He agreed that the drop from 7-feet to 37 6-feet at the corner of the property would affect the aesthetics. He said he would vote in 38 favor of this request. 39 40 Commissioner Bello asked if Staff had actually accessed the playground equipment to 41 determine if it does provide an unobstructed view into the Varshavsky's property. Mr. 42 Whittenberg stated that he did not do so, but noted that the playground equipment does 43 look like it can be moved. He suggested approving the 7-foot height up to the corner of 44 the house and then step the fence down to 6-feet along the rear of the property. 45 Commissioner Bello stated that for aesthetics and privacy, she would be in favor of this 46 with the modifications. 7 of 10 City of Seal Beach Plannmg Commission Meeting Minutes of April 4, 2007 1 2 Commissioner Massa-Lavitt noted that on the plans the pilasters for the proposed wall 3 would extend into the front yard, and a 70-foot block wall right at the sidewalk going all 4 the way across to the driveway creates a strong barrier between the street and the 5 property. She explained that people driving by would see only a long wall with no 6 greenery. She suggested that having the last pilaster located at the end of the house 7 where the gate would begin would be more reasonable, as the front lawn would visible 8 from the street, and this would be more aesthetically pleasing than a solid block wall. 9 10 Chairperson Deaton asked if she should re-open the public hearing to inquire about the 11 design of the proposed driveway gate. Mr. Whittenberg stated that she could do this, 12 but indicated that the plans submitted to Staff show a 70-foot long block wall, all the way 13 to the driveway. 14 15 Chairperson Deaton re-opened the public hearing. 16 17 Nora Varshavsky explained that they have future plans to extend the living room closer 18 to the driveway and construct a second floor over the garage. She said that this 19 addition would take over what is now the lawn area. Chairperson Deaton asked if the 20 Varshavsky's had considered moving the fence back from the property line to allow for 21 plantings in front of the wall. Ms. Varshavksy stated that these drawings are the 22 preliminary design plans. The Director of Development Services cautioned regarding 23 questions beyond the scope of the applicant's request. Leo Varshavsky noted that the 24 property on Jade Cove Way has no lawn either. 25 26 There being no one else wishing to speak, Chairperson Deaton closed the public 27 hearing. 28 29 Chairperson Deaton stated that she agrees with Commissioner Massa-Lavitt's 30 comments and inquired whether a wall could be constructed on the side property line, 31 even though it faces a street frontage. Mr. Whittenberg stated that this is a standard 32 provision of City Code. He stated that under a Variance the Planning Commission has 33 the authority to require something as an offset for the increased height of the fence. 34 35 Commissioner Massa-Lavitt asked if it would be appropriate to approve the 7 -foot block 36 wall only to the end of the house where the temporary wood gate is located, and when 37 the Varshavsky's are ready to do the remodel, they can request approval for the 38 extension of the wall. 39 40 Commissioner O'Malley stated that he is more concerned with safety than he is with 41 aesthetics. He questioned whether bringing the block wall all the way to the driveway 42 might obstruct the view of cars backing out of the Varshavsky driveway. Mr. 43 Whittenberg stated that there could still be a 7 -foot wall in this area, but material that is 44 not solid could be used on this portion of the wall to provide for visibility, such as 45 wrought iron. With regard to aesthetics along the street, he noted that the Commission 46 could approve the wall with a 1-foot wide pocket landscape area between the wall and 8 of 10 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 April 4, 2007 the sidewalk to allow for vines or other plantings. Chairperson Deaton stated that this would be her preference. Mr. Whittenberg recommended taking a consensus on each issue to determine what the final approval would include. Commissioner Bello stated she would approve this request with the landscape pocket along the Marlin Avenue wall. Commissioner Roberts agreed with the suggestion to approve the 53-foot long wall with the 1-foot landscape setback along Marlin Avenue. He asked what would happen on the east side of the driveway along Beryl Cove Way. He assumed the proposed gate will cross the driveway. Mr. Whittenberg stated that this is not an issue before the Commission tonight. He suggested that the motion include the 1-foot area for landscaping and that this area be approved by the Director of Development Services, and that automatic sprinklers be added to this landscape area. Commissioner O'Malley stated that the 7-foot height should be allowed to extend along the rear property line, adjacent to the neighbor's property. Chairperson Deaton asked how this would fit in with the legality for granting Variances. Mr. Abbe stated that the Commission must find that there is a special condition of the property allowing the granting of this special height. He added that if based on the testimony the Commission finds that privacy or other concerns justify the extra foot in height, they may grant this request. MOTION by O'Malley; SECOND by Massa-Lavitt to approve Variance 07-2 and adopt Resolution 07-18 as amended to approve a 7-foot high block wall along the rear of the property and a 7-foot high 53-foot long wall along Marline Avenue and require a 1-foot landscape setback area to include an automatic sprinkler system to be approved by the Director of Development Services. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Massa-Lavitt, O'Malley, and Roberts None None Mr. Abbe advised that the adoption of Resolution No. 07-18 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. STAFF CONCERNS Mr. Whittenberg reminded the Commission of the cancellation of the next scheduled meeting of Wednesday, April 18, 2007. The next meeting will be May 9, 2007, during which an additional Study Session on the Subdivision and Zoning Code Revisions is to be conducted. 9 of 10 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 City of Seal Beach Planning Commission Meeting Minutes of April 4, 2007 Mr. Abbe reported on the legality of placing signs along 10th Street prohibiting tow trucks. He indicated that the City does have this authority. He explained that the Municipal Codes does have a provision that allows City Council to designate specific roads by resolution upon which certain vehicles cannot traverse and the Traffic Engineer can then post signs along those roads. Chairperson Deaton asked how the Commission should proceed. Mr. Abbe stated that the Commission could make a recommendation to City Council to make this designation for 10th Street. He stated that this could be done at the next Planning Commission meeting. Chairperson Deaton polled the Commission and the Commissioners were in agreement. COMMISSION CONCERNS None. ADJOURNMENT Chairperson Deaton adjourned the meeting at 8:25 p.m. to the next scheduled meeting of May 9, 2007, at 7:30 p.m. Respectfully Submitted, ~~^" ~il"A~ Carmen Alvarez, Executive SecrBtary Planning Department APPROVAL The Commission on May 9, 2007, approved the Minutes of the Planning Commission Meeting of Wednesday, April 4, 2007. 0..c. . '-- 1 0 of 1 0