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HomeMy WebLinkAboutPC Min 1978-11-15 . . . MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 15, 1978 THE PLANNING COMMISSION MET IN REGULAR SESSION ON WEDNESDAY, NOVEMBER 15, 1978, IN THE COUNCIL CHAMBERS OF THE CITY ADMINSITRATION BUILDING, 211 8th STREET. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY CHAIRMAN RIPPERDAN AND THE PLEDGE TO THE FLAG WAS LED BY VICE CHAIR}~ COVINGTON. PRESENT: ABSENT: Knapp, Cook, Leibert, Ripperdan, Covington None Minutes of the November 1, 1978 meeting were approved as presented by the following vote: AYES: NOES: ABSTAIN: Knapp, Cook, Covington, Ripperdan None Leibert Chairman Ripperdan welcomed Mrs. Leibert to the Commission. PUBLIC HEARINGS A. Mark C. Biedebach, CP-18-78 Applicant is requesting a Conditional Use Permit to expand existing floor area in a unit on a non-conforming site located at 1702 Landing Avenue. Public Hearing Opened. Mark C. Biedebach, in response to Commission questions, gave a brief history of the site prior to his purchase in 1974 and stated his reasons for this request. Mr. Cook questioned Mr. Biedebach about available parking on his site. Mr. Biedebach replied that garages were available for parking although he does not park in a garage himself. Mr. Cook inquired if the applicant had considered abandoning one unit to provide parking more in line with current standards. Mr. Biedebach stated it might be possible at some future date but at this time it appeared to be too expensive. Mr. Knapp asked if garages were available to his tenants for parking purposes. Mr. Biedebach stated all garages were now available. Mr. Cook asked if both apartment tenants used their garages for parking. Mr. Biedebach replied no. Mr. Knapp asked if there was an extra charge for garage use. Mr. Biedebach stated yes. Mr. Cook asked if the garages were rented out to non-residentS of the site. Mr. Biedebach replied no. There was further discussion of current parking stall widths. There was also a discussion suggesting the combining of two (2) units into one. Tamara McClarry, 311 17th Street, spoke in favor of applicants request. Public Hearing Closed. The matter was continued until December 20, 1978, in order to give applicant time to evaluate the possibility of bringing his non-conforming site more into line with current code requirements. B. Appeal on Staff Denial of Concept Approval on 7-Eleven and Winchell's at 1200 Pacific Coast HiRhway. This appeal is on a Staff denial of concept plans for construction of a 7-Eleven store and a Winchell's Donut shop at 1200 Pacific Coast Highway. Public Hearing Opened. Stanley Gordon, Attorney at Law, 1200 North Main Street, Santa Ana, representing the applicant, gave a brief statement on the concept plan. Mr. Gordon pointed out that all proposed construction does meet ~ity requirements as to parking, setbacks, loading and landscaping. Mr. Gordon questioned the traffic report from the City Engineer due to (1) no mention of hours survey was . . . B. 7-Eleven - Winchell's Appeal continued taken; (2) cannot rely on daily average of traffic - not totally supportable; and (3) challenged number of cars for Fast-food service. Mr. Gordon introduced Mr. Manueli of Winchell's Donuts. Manueli stated they use customer count average of 3200 per week based on 40% weekend traffic and 60% weekday, assuming one (1) person per car. Mr. Gordon asked Mr. Manueli if average count was relied upon new customers. Mr. Manueli stated store success due to traffic, residential back up and existing community draw within the area. Mr. Ripperdan asked if customers come in on a "spur of the moment" type purchase. Mr. Manueli stated about 50% was "spur of the moment" others regular customers. Mr. Knapp asked if Mr. Manueli was asked by Signal Realty, owners of the proposed property, to be at previous meetings. Mr. Manueli stated no, that he was attending this meeting because the Acting Planning Director had expressed concern about the types of deliveries. Mr. Knapp asked if it was common for Winchells to come in as a package deal with convenient type stores. Mr. Manueli stated not in general as each is separate but that in this particular case, yes. Mr. Gordon interjected stating each had separate lease agreements; one not dependent upon the other. Mr. Cook asked what the value of an average daily sale was. Mr. Manueli stated it was unknown as sales are generated on an annual basis. Mr. Covington asked what the expected average daily volume was at this site and locale. Mr. Manueli stated not projected in this matter but was based on an average store per se. Mr. Covington pointed out that the Commission requested Signal Realty to bring forward information from School Districts and Police Departments of other areas with aimilar projects as to its suitability and compatibility to its neighbors. Mr. Gordon stated that Mr.,Manueli w~s not authorized to answer these questions and stated that they had attempted to cooperate but when the Approval of Concept was denied felt no reason to bring forth additional information. Secretary stated that at the meetings of July 19 and September 20th, specific questions were asked by the Commission which still have ,not been answered. Mr. Gordon stated he had contacted Mr. Antos regarding the information and was informed by Mr. Antos that all information should be brought before the Commission as a whole. Mr. Cook asked Mr. Gordon if he had answers to any of the questions raised at previous meetings. Mr. Gordon asked the Commission to ask the specific questions now. Mr. Ripperdan pointed out that they were all listed in the Staff Report provided in the Agenda. Mr. Covington stated that one of the questions asked of the 7-Eleven representatives was to survey the surrounding neighborhood and report back to the Commission. Mr. Covington also noted that if answers had been received previously in writing, the Commission would have had reasonable time to study the answers. Mr. Gordon asked for a continuance until December 20th in order to prepare proper responses to the Commission's questions. Tamara McClarry, 311 17th Street, President of the Seal Beach PTA, was totally against the project stating Dr. Pederson of the Seal Beach School District had spoken earlier against the same project. She also pointed out that the convenience store could be another hang-out for children. Delora Ickley, 280 Corsair I>ay, spoke against the project stating her concern for children safety. Karen Russell, 1200 Marlin, a teacher of the Westminster School District, was opposed to the project stating that children would use their lunch money in the morning at the store or donut shop instead of a school lunch and was also concerned about the children's safety. She also pointed out that the school where she is employed has a convenience market nearby and that the school had had problems with the children using the store as a hang-out, petty theft occured and hazardous to children nutritionally. . . . B. 7-Eleven - Winchell's Appeal continued Joe O'Neil, 1330 Crystal Cove, was against the proposal and pointed out that during the summertime there was no crossing-guard to protect children crossing Pacific Coast Highway at 12th Street. Nancy Kredell, 1615 Seal Way, was opposed to the project and gave a brief report on surrounding communities with such stores using Long Beach Police Department as an example as follows: Type of Store Number of Stores in Long Beach Number of Robberies in '78 7-11 Stop & Go 10 4 28 15 Mrs. Kredell brought to the attention of the Commission a petition with 100 signatures against the proposal which she would present for the record at the next Planning Commission meeting. She also pointed out that all stores on Main Street were closed until 9 am to keep children from stopping in and purchasing junk foods in lieu of nutritional foods. Public Hearing Closed. The matter was continued until December 20, 1978. C. An Amendment to the Zoning Ordinance Establishing a Statute of Limitations for Attacking Zoning Decisions. Public Hearing Opened. No one spoke on this item. Public Hearing Closed. Mr. Cook questioned the need to rush the issue. Secretary stated there was not a rush on this item but that adoption of the amendment would, in the opinion of the City Attorney, benefit the City. Mr. Cook questioned the short Statute of Limitations and asked if there ~ere any pending lawsuits against the City. Secretary stated the State Law allows a 30 day Statute of Limitations and that there were no pending lawsuits against the City., Mr. Covington was of the opinion there was an obligation to give the citizens a right to question and study the issue. Mr. Knapp felt the Commission should take the advise of its legal counsel and moved to approve the Negative Declaration; seconded by Mr. Ripperdan and passed by the following vote: AYES: NOES: Knapp, Leibert, Ripperdan Cook, Covington MINUTE ORDER Mr., Knapp moved to approve Resolution 1176; seconded by Mr. Ripperdan and passed by the following vote: AYES: NOES: Knapp, Leibert, Ripperdan Cook, Covington RESOLUTION 1176 ORAL COMMUNICATIONS Adah Winters, 1507 Electric, expressed concern about'duplexes on lots of only 37~' frontage; ie: 13th Street developments. Mr. Antos stated that duplexes were allowed only on lots with 37~' of frontage and 117~ depth. . . . Oral Communications continued Mrs. Winters was also concerned about garage conversions and asked the Commission what was being done to regulate the problem and questioned parking spaces per unit. Mr. Knapp replied to Mrs. Winters questions by stating that there was a recommendation of a Control Officer to regulate zoning. Tamara McClarry, 311 17th Street, questioned' enforcement of Zoning and brought up the parking problem with Rum Runners employees parking on the Street. Mr. Covington responded to Mrs. McClarry's question by pointing out that the Rum Runners was on a one (1) year trial basis. Secretary stated that there was a meeting scheduled with the Rum Runners on Friday regarding the parking situation. Mrs. Winters asked if it was legal to rent an apartment without a garage. Secretary stated that if a parking space or garage was required when the living unit was built than it must be included with the rental of the unit. WRITTEN COMMUNICATIONS There were no written communications. NEW BUSINESS There was no new business REPORT FROM SECRETARY Secretary reported on the Warnemuende appeal stating that the City Council had referred the matter back to the ,Planning Commission. Secretary reported that the City Council had selected the five (5) members to the Coastal Committee as follows: Gordon Shanks Bruce Collier Lowell Kolb James Gilkerson Ken Hamdorf Secretary pointed out that the City Work Program for the Local Coastal Program had been approved and would begin within the month. Mr. Covington stated that the Coastal Conservancy workshop for the Department of Water and Power Parcel (DWP) would be held December 1 and 2 in the Marina Community Center. :. Secretary Report continued Mr. Cook asked if the Planning Commission recommendations on alleys had been given to City Council. Mr. Antos stated the information had been provided to the Council in the City Manager's newsletter but that the Police Chief had not made his report to the Council on his pilot program. Mr. Cook requested Staff to look into various types of programs to alleviate parking problems; ie: fines, moratoriums, etc., and requested more input as to any alternatives. There was a brief general discussion on Code enforcement. Meeting adjourned at 10:12 P.M. . .