HomeMy WebLinkAboutPC Min 2008-02-06
City of Seal Beach Planning Commission
Agenda for February 6, 2008
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 January 23, 2007.
2. Minor Plan Review 08-3
1508 E. Ocean Avenue
Applicant/Owner: Tim Rietkerk & Jessica Haugh
Request: To construct a new 42-inch high retaining wall within
the required front yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-4.
City of Seal Beach Planning Commission . Agenda of February 6, 2008
VI. SCHEDULED MATTERS
None
VII. PUBLIC HEARING
3. Mitigated Negative Declaration 07-1
General Plan Amendment 06-2
Zone Change 06-2
Planned Unit Development 06-1
Vesting Tentative Parcel Map No. 17082
1011 Seal Beach Boulevard (Seal Beach Townhomes)
(Continued from January 23, 2008)
Applicant/Owner:
Don Wilson Builders / JB Properties
Request:
Don Wilson Builders is requesting approval of Mitigated
Negative Declaration 07-1; General Plan Amendment
06-2; Zone Change 06-2; Planned Unit Development
06-1, Vesting Tentative Tract Map No. 17082 to
accomplish the following actions:
o Adopt Mitigated Negative Declaration (MND) 07-1,
certifying that the MND has been prepared in
accordance with the provisions of the California
Environmental Quality Act (CEQA);
o Amend the Land Use and Housing Elements of
General Plan to designate a 4.49 acre property from
Light Industry to Residential High Density;
o Change the zoning designation on this parcel from
Light Manufacturing (M-1) to Residential High
Density (RHO), District II to be consistent with the
General Plan revision;
o Recommend approval of Vesting Tentative Tract
Map No. 17082 to create two separate lots for
development, and
o Construct 87 new town home residences ranging in
size from approximately 1 ,300 to 1,748 square feet.
Recommendation: Pleasure of the Planning Commission.
4. Conditional Use Permit 07-17
13960 Seal Beach Blvd. (Longs Drugs)
(Continued from January 9,2008)
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City of Seal Beach Planning Commission . Agenda of February 6, 2008
Applicant/Owner: Seal Beach Village, L.P.
Request: To establish a drive-thru window in connection with a
permitted retail pharmacy and permitted modification of
the existing approved hours of operation from 7:00 a.m.
to 10:00 p.m. daily to the new hours of 6:00 a.m. to
12:00 midnight daily.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-65.
5. Conditional Use Permit 06-6 (Indefinite Extension)
620 Pacific Coast Highway (Finbar's Italian Kitchen)
Applicant/Owner: Joseph Barbara / Bay City Partners
Request: Indefinite extension of the existing Conditional Use
Permit to allow live entertainment on Friday and
Saturday nights; with operating hours form 11 :00 a.m.
to 10:00 p.m. Monday through Thursday, and from
11 :00 a.m. to 1 :00 a.m. Friday and Saturday.
Additionally, the applicant is seeking an amendment to
the existing Conditional Use Permit to allow
entertainment seven (7) nights a week, instead of the
existing Friday and Saturday nights only, and a
modification of the existing approved operating hours of
11 :00 a.m. to 10:00 p.m. Monday through Thursday to
new hours of 11 :00 a.m. to 12:00 midnight Monday
through Thursday.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-69.
6. Conditional Use Permit 08-1
12301 Seal Beach Blvd (Sprouts Farmers Market)
(To be continued to February 20,2008)
Applicant/Owner: Sprouts Farmers Market, L.L.C.
Request: To allow alcohol sales (Type 20 License - Off-sale beer
and wine) in conjunction with a proposed grocery store
located in the Shops at Rossmoor.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-3.
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City of Seal Beach Planning Commission . Agenda of February 6, 2008
VIII. STUDY SESSION
7. Final Draft - Municipal Code, Title 11, Zoning, Chapter 2.05, Residential
Districts - Section 2.05.015.C: Floor Area Ratio; and Section 2.05.015.0:
Floor Area Design Incentives and Deductions.
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
To adjourned meeting of February 20, 2008, at 7:30 P.M.
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City of Seal Beach Planning Commission . Agenda of February 6, 2008
2008 Aqenda Forecast
Conditional Use Permit 08-2 - 12071-12535 Seal Beach Blvd (Pet Smart)
Conditional Use Permit 08-1 - 12301 Seal Beach Blvd (Sprouts Market)
Variance 08-1 - 901-1101 Pacific Coast Hwy (Regency Center)
Minor Plan Review 08-4
Minor Plan Review 08-5
- 4540 Ironwood Avenue
- 125 Coastline Drive
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of February 6, 2008
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, February 6, 2008. 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, DeLay, Massa-Lavitt, and
Roberts.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Jerry Olivera, Senior Planner
Steve Flower, Assistant City Attorney
Absent: None
AGENDA APPROVAL
Commissioner Roberts suggested changing the order of the agenda as follows:
Public Hearing Item 5 be heard first, followed by Item 6, to be followed by Item 4.
Chairperson Deaton interjected that since Item 3 is projected to require more time for
discussion, she would recommend making Item 3 the last item on the agenda.
MOTION by Roberts; SECOND by Deaton to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
1 These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of Febru(!ry 6, 2008
1 Joyce Parque stated that prior to the completion of the Final Draft Zoning Code (ZC) no
2 studies have been conducted regarding the impact of third stories. She noted that
3 although there has been discussion on the problems with third stories of mold, loss of
4 light and air, and loss of sunlight for solar panels, there have been no studies regarding
5 how these issues might affect the health of residents. She noted that there has been no
6 discussion on re-zoning the trailer park, sober living housing, the taking of private
7 property, nor has there been discussion on re-zoning the DWP property.
8
9 Chairperson Deaton clarified that the Final Draft Zoning Code is exactly that; a draft and
10 the Planning Commission (PC) will be conducting public hearings on everything prior to
11 forwarding the document to City Council. She added that there would be plenty of time
12 for input from the public.
13
14 Seth Eaker presented the Seal Beach Chamber of Commerce calendar of community
15 events through the month of March 2008. He then commended the excellent work done
16 by the Directors of the Public Works and Planning Departments in assisting The Crema
17 Cafe and for being on the side of businesses within Seal Beach.
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19 Robert Goldberg stated that although the concept of FARs is a good one, FARs and
20 third stories don't work well together. He explained that because there are proposed
21 maximum FARs for different size lots and if by right you can build a third story on your
22 lot and get an extra FAR, this then creates an incentive for construction of three-story
23 homes. He noted that in order to maximize the value of your home, the proposed
24 Zoning Code (lC) makes it necessary to construct a third story. He indicated that with
25 FARs the City would essentially be granting a big bonus for third stories. Chairperson
26 Deaton clarified that what Mr. Goldberg is stating is that there is a maximum FAR for a
27 certain residential building; therefore, when we say you can have more FAR for a third
28 story, what would be more equitable would be to take the maximum FAR and distribute
29 that for the structure. Mr. Goldberg confirmed that with a maximum overall FAR, you
30 would not get extra FAR for a third story. He proposed allowing third stories, but not
31 granting a FAR bonus for this. He noted that the effect of this would be building a
32 smaller first and second story and the net effect would be more open space and there
33 would be no financial incentives to having a third story. He commented that he believes
34 the general consensus of the community is that third stories are a concern, but that they
35 do not need to be banned altogether. He said that the approach the City is taking to
36 mitigate third stories is a good one and this can be done by limiting the size of third
37 stories.
38
39 There being no one else wishing to speak, Chairperson Deaton closed oral
40 communications.
41
42 CONSENT CALENDAR
43
44 Chairperson Deaton noted that she had viewed the videotape of the Planning
45 Commission meeting of January 23,2007, and would be voting on this item.
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
1. Approve Planning Commission Meeting Minutes of January 23, 2007.
2. Minor Plan Review 08-3
1508 E. Ocean Avenue
Applicant/Owner: Tim Rietkerk & Jessica Haugh
Request: To construct a new 42-inch high retaining wall within the
required front yard and side yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of Resolution
08-4.
MOTION by Roberts; SECOND by DeLay to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Flower advised that the adoption of Resolution No. 08-4 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
4. Conditional Use Permit 07-17
13960 Seal Beach Blvd. (Longs Drugs)
(Continued from January 9, 2008)
Applicant/Owner: Seal Beach Village, L.P.
Request: To establish a drive-thru window in connection with a
permitted retail pharmacy and for a modification of the
existing approved hours of operation from 7:00 a.m. to 10:00
p.m. daily to the new hours of 6:00 a.m. to 12:00 midnight
daily.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07 -65.
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
1 Staff Report
2
3 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
4 Department.) He provided some background information on this item and noted that at
5 the previous meeting the Planning Commission (PC) had concerns with the drive-
6 through orientation, sufficient turning radius, and the drive-through exit. He stated that
7 Staff met with the applicant, property owner, and traffic engineer and they have come
8 up with a design that they believe addresses these concerns. Chairperson Deaton
9 asked if this public hearing was re-noticed, to which Mr. Olivera replied that it had been
10 re-noticed as required by law.
11
12 Commissioner Questions
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14 None.
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16 Public Hearinq
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18 Chairperson Deaton opened the public hearing.
19
20 Greg McCafferty stated that the plans as presented address all of the drive-through
21 issues and the plan is now workable for both the City and for Longs. He briefly
22 reviewed the changes made to the drive-through configuration (Plans are on file for
23 inspection in the Planning Department.) noting that the far side entry lane was narrowed
24 down to allow for a more efficient turning radius into the drive-through, the exit lanes
25 narrow down to a single lane to help slow down vehicles upon exit, and the queue area
26 is designed to allow for a specific number of vehicles.
27
28 Commissioner Roberts stated that he had met with the applicants on Monday, February
29 4th. Chairperson Deaton stated that yesterday she had also met with one of the
30 applicants.
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32 Mr. of Leisure World spoke in opposition to this application citing concerns
33 with traffic safety related to truck movement in accessing and driving along the rear
34 alley roadway. He also expressed concern over fire vehicle safety and access to the
35 existing fire hydrant.
36
37 Greg McCafferty stated that Longs would not be utilizing the large trailer trucks for
38 deliveries, and with regard to the alley access, he explained that the width will not
39 change, as the drive-through lanes are to be placed where the loading docks are
40 currently located. Commissioner Roberts asked if the center line down the alley is a
41 double yellow line. Mr. Olivera stated that it is a double yellow line. Commissioner
42 Roberts stated that a double yellow line might be confusing to motorists and suggested
43 that this be reconsidered.
44
45 Commissioner Massa-Lavitt asked if the elevation in the drive-through lane area was to
46 be changed. Mr. McCafferty stated that part of the loading dock wall is to be cut away
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
1 to accommodate the double drive-through lanes. Mr. Whittenberg added that the drive-
2 through lanes would be constructed at the grade level of the existing drive. He stated
3 that the existing recessed loading dock is to be removed. Commissioner Massa-Lavitt
4 stated that two-way traffic in this alley is very tight and it is traveled daily and is almost
5 like a residential street. She expressed her concern with the loading dock encroaching
6 into the area near the trash bins where the road curves. She noted that many of the
7 drivers from Leisure World (LW) have depth perception problems. Mr. Olivera clarified
8 that the wall is not to be removed entirely, so the width will essentially remain the same.
9 Commissioner Massa-Lavitt again stated her concerns that LW drivers will have
10 difficulty in making the radius turn, and it may cause some confusion with others.
11 Chairperson Deaton asked if there have previously been accidents in this area.
12 Commissioner Massa-Lavitt stated that she did not know, but she has encountered
13 drivers experiencing problems with depth perception.
14
15 of Longs Drugs explained how the existing loading dock wall is to be
16 removed and replaced with steel railing to provide better visibility for drivers. She added
17 that the drive-through lanes would not encroach into the roadway.
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19 There being no one else wishing to speak, Chairperson Deaton closed the public
20 hearing.
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22 Commissioner Comments
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24 Commissioner Massa-Lavitt stated that she would vote to approve, but recommended
25 monitoring this situation to determine whether problems occur once the drive-through
26 lanes are in operation.
27
28 Chairperson Deaton asked if the option to make changes could be included in the
29 conditions of approval. Mr. Whittenberg stated that the CUP would be subject to a
30 12-month review and also allows for Staff to provide final design approval of the project.
31 Mr. Whittenberg emphasized that this is not a public roadway, but is a private driveway
32 on the shopping center property.
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34 Commissioner Bello stated she likes the improvements, but this is a pretty congested
35 roadway and she is concerned about safety.
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37 Commissioner Roberts stated that he was satisfied with the explanation as to the need
38 for two drive-through lanes, as provided by the applicants, and also the need to direct
39 traffic in a southerly direction. He noted that the 12-month review would provide the
40 opportunity to revisit this project, and he again stated that a single yellow line should be
41 used instead of a double line.
42
43 Commissioner Delay stated that he has been driving the alley for 4 years and there is
44 always congestion in any alley. He indicated that it is just a matter of being careful. He
45 said he believes longs has done all they can do to improve the proposed project.
46
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
MOTION by DeLay; SECOND by Massa-Lavitt to approve Conditional Use Permit
07-17, subject to conditions, and adopt Resolution 07-65 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Flower advised that the adoption of Resolution No. 07-65 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 06-6 (Indefinite Extension)
620 Pacific Coast Highway (Fin bar's Italian Kitchen)
Applicant/Owner: Joseph Barbara / Bay City Partners
Request: Indefinite extension of the existing Conditional Use Permit to
allow live entertainment on Friday and Saturday nights; with
operating hours form 11 :00 a.m. to 10:00 p.m. Monday
through Thursday, and from 11 :00 a.m. to 1 :00 a.m. Friday
and Saturday. Additionally, the applicant is seeking an
amendment to the existing Conditional Use Permit to allow
entertainment seven (7) nights a week, instead of the
existing Friday and Saturday nights only; and a modification
of the existing approved operating hours of 11 :00 a.m. to
10:00 p.m. Monday through Thursday to new hours of 11 :00
a.m. to 12:00 midnight Monday through Thursday.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-69.
Staff Report
Mr. Olivera 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
applicant is now proposing to allow entertainment seven nights a week and to modify
the hours of operation for Monday through Thursday from 11 :00 a.m. to 10:00 to new
hours of 11 :00 a.m. to 12:00 a.m. The Friday, Saturday, and Sunday hours would
remain the same. He explained that the entertainment usually consists of a single
entertainer on guitar or keyboard to provide background music for guests in the dining
room or bar. He stated that Staff supports this request, but did have reservations about
the midnight closing time on weekdays and recommends a closing time of 11 :00 p.m.
Monday through Thursday.
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
Commissioner Questions
Commissioner Roberts asked if Staff had received any comments from the public
regarding this application. Mr. Olivera stated he had received only one telephone call,
with the caller expressing concerns over the hours for the entertainment. Mr. Olivera
stated that once he explained to the caller that the entertainment would not begin until
7:00 p.m., the caller was satisfied.
Public Hearinq
Chairperson Deaton opened the public hearing.
Joseph Barbara requested approval of Conditional Use Permit 06-6. Commissioner
Roberts asked how Mr. Barbara felt about the 11 :00 p.m. closing time on weekdays.
Mr. Barbara stated that although he would prefer a closing time of 12:00 a.m., the 11 :00
p.m. time would be fine. He added that Finbar's is now serving brunch on Sunday
mornings, so they would like to open at 10:00 a.m. on Sundays. Chairperson Deaton
stated that this would require another public hearing.
Seth Eaker spoke in support of Conditional Use Permit 06-6.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
Commissioner Bello stated that she is a regular customer of Finbars's and believes it to
be a great asset to the community. She said the entertainment is not overly loud and
has been a nice addition to the restaurant.
MOTION by Bello; SECOND by Massa-Lavitt to approve the Indefinite Extension of
Conditional Use Permit 06-6, subject to conditions, and adopt Resolution 07-69 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Flower advised that the adoption of Resolution No. 07-69 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
6. Conditional Use Permit 08-1
12301 Seal Beach Blvd (Sprouts Farmers Market)
(To be continued to February 20,2008)
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
Applicant/Owner: Sprouts Farmers Market, L.L.C.
Request: To allow alcohol sales (Type 20 License - Off-sale beer and
wine) in conjunction with a proposed grocery store located in
the Shops at Rossmoor.
Recommendation: Approval, subject to conditions, and adoption of Resolution
08-3.
Staff Report
Mr. Whittenberg noted that after circulating the public notice for this application, Sprouts
had indicated that they wished to provide outdoor seating and Staff is recommending
the public hearing for Conditional Use Permit 08-1 be opened and this item be
continued ~o the next scheduled meeting of February 20, 2008.
Public HearinQ
Chairperson Deaton opened the public hearing.
MOTION by Massa-Lavitt; SECOND by DeLay to continue Conditional Use Permit 08-1,
to the Planning Commission meeting of February 20, 2008.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
7. Final Draft - Municipal Code, Title 11, Zoning, Chapter 2.05, Residential Districts-
Section 2.05.015.C: Floor Area Ratio, and Section 2.05.015.0: Floor Area Design
Incentives and Deductions.
Chairperson Deaton stated that she had requested that this item be placed on the
agenda for further clarification on the concept of FARs.
Staff Report
Mr. Whittenberg stated that what the Planning Commission (PC) has considered in the
past for third story living areas on lots 37.5 feet wide or wider in Old Town was to
establish a separate Floor Area Ration (FAR) limitation for third stories. He explained
that the current Zoning Code (ZC) allows for third story living space on the rear half of
lots at least 37.5 feet wide in Old Town. He noted that these lots provide for 30 feet of
buildable width on the third floor, and if the lot measures 117.5 feet deep, this allows for
50 feet of buildable area on the rear half of the lot, which would create approximately
1,500 sq. ft. of allowable third floor living area. He indicated that the PC and City
Council (CC) had discussed setting a limitation on the size of third floor space to not
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Meeting Minutes of February 6, 2008
1 allow as large a size as 1,500 sq. ft. He stated that at the October PC meeting several
2 straw votes were taken to help establish a FAR from .10, .12, and.15, and there was
3 general support for all of these ratios. He said for the Final Draft Staff had intended to
4 show this as an outstanding issue for which the PC would make a final determination
5 during the public hearings.
6
7 Mr. Whittenberg then noted that with regard to Mr. Goldberg's comments, the incentive
8 that he described is an existing incentive that is included in the ZC today, and is allowed
9 by right. He explained that as proposed in the revised ZC a FAR of .15 would limit the
10 size of a third story on a 37.5-ft. wide by 117.5 deep lot to 661 sq. ft., where the current
11 ZC would allow up to approximately 1,500 sq. ft. He stated that the additional design
12 incentives (building envelope, daylight planes, articulation, etc.) would help minimize the
13 size of third stories. He noted that the PC could impose a FAR reduction if a third story
14 is to be constructed, but Staff would discuss this and Mr. Goldberg's concerns with the
15 City Attorney to ensure that the proposed FARs and any restrictions would be viable.
16 Commissioner Roberts stated that although he understands what Mr. Whittenberg is
17 suggesting, he still has a basic problem with "penalizing people for a third story and
18 squeezing down first and second floors." He noted that the only reasons someone
19 would build a third story would be to have additional square footage or to have a view.
20 He indicated that limiting the FAR and distributing it over three floors may lead to having
21 no third stories at all. Mr. Whittenberg stated that Staff is recommending that the PC
22 approve having a separate FAR for the third floor, and not combine it with the overall
23 FAR. Commissioner Roberts noted that Mr. Goldberg had recommended setting a
24 maximum FAR for the entire structure and he feels that this is just a clever way to put a
25 damper on having third stories at all, as the only reason for a third story would be to add
26 square footage, and this would be at the expense of taking the square footage from the
27 first and second floors. Mr. Whittenberg stated that approximately 95% of the plans
28 submitted for third stories consist of a master bedroom or a recreation/family room on
29 the third floor, with the first and second floor housing the primary living space. He
30 reiterated that Staff's recommendation to limit the size of third stories allows for
31 reasonable use of the third floor for either a master bedroom or family room. He noted
32 that during the study sessions the PC heard testimony that the current allowable size for
33 third stories is unacceptable; many in the community would be willing to accept third
34 stories with a reasonable reduction in the size of third floors. He added that both the PC
35 and City Council would have to make the determination as to what would be more
36 "reasonable." He stated that Staff suggests establishing a separate FAR for third
37 stories on 37.5-ft. wide lots in Old Town because the FARs designed for all of the other
38 areas in town are based upon standard two-story development, which is allowed
39 throughout Seal Beach. He continued by stating that the only areas in town that allow
40 for third stories are the Rossmoor condominiums and Oakwood Apartments. He noted
41 that this has been a provision of the ZC since the 1970s. He summarized that the issue
42 was to attempt to preserve some rights to having third floor living space while making it
43 more compatible with neighboring properties, which in many cases are restricted to two
44 stories, and try to create standards that allow reasonable use of the third floor area. He
45 noted that the PC's discussion on the .10 to the .15 was focusing on this.
46
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Meeting Minutes of February 6, 2008
1 Joyce Parque argued in favor of leaving the ZC as is with regard to third stories and
2 stated that the PC was simply attempting to make Old Town look the way the PC wants
3 it to look. Also, with regard to the proposed standards for balconies and patios to
4 provide private open space, she noted that many of the patios within the Bridgeport
5 neighborhood are being enclosed to create livable space. She again spoke against the
6 taking of private property and property rights.
7
8 Maria Bubbe expressed her appreciation for Mr. Whittenberg's comments. She stated
9 that she lives in a one-story house on a 37.5-ft. lot and the key thing is that 3-story
10 structures are not compatible with the Old Town neighborhoods. She said that one of
11 her biggest fears is that someone will construct a huge, 3-story home next door.
12
13 Mike Bubbe stated that he agrees with Mr. Goldberg's comments and at least 80-90
14 percent of the people in Old Town he has spoken with would rather limit homes to two
15 stories. He noted that although one-third of the lots in Old Town are 37.5 feet wide and
16 would be allowed a third story, many people are now buying two 25-foot lots and
17 combining them to create 50-ft. lots so that they can construct larger homes. He
18 reiterated that the key issues are sunlight, air circulation, and privacy. He indicated that
19 although most people would prefer to have only two stories, the community was
20 directed by City Council to work out a compromise to allow third stories. With regard to
21 FARs, Mr. Bubbe recommended that a FAR of .10 be used to allow smaller lots to have
22 a third story with a maximum of 587 sq. ft. He also stated that if design incentives are
23 used, the maximum FAR should be .15, which would allow for a range of square
24 footage from approximately 582 sq. ft. to 881 sq. ft.
25
26 Chairperson Deaton asked if the design incentives that would drive the FAR to .15 had
27 been identified. Mr. Whittenberg stated that the PC has only provided direction to Staff
28 regarding design bonuses for first and second floors but not for third stories. He
29 indicated that Staff could proceed to develop these bonuses, if the PC so directs.
30
31 Commissioner Roberts asked Mr. Bubbe if he agreed with Mr. Goldberg's proposal that
32 a maximum overall FAR be imposed and to not allow extra FAR for a third story. Mr.
33 Bubbe stated that he did agree with this, and it is certainly worth considering.
34 Chairperson Deaton stated that she likes the idea of an overall FAR allowing more open
35 space.
36
37 Mr. Whittenberg stated that Staff could prepare a report to the PC on proposed FARs
38 and FAR bonuses and deductions for 1St, 2nd, and 3rd floors, and asked if the PC wished
39 to schedule another study session to review this information. The Commission agreed
40 that another study session would be appropriate.
41
42 3. Mitigated Negative Declaration 07-1
43 General Plan Amendment 06-2
44 Zone Change 06-2
45 Planned Unit Development 06-1
46 Vesting Tentative Parcel Map No. 17082
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
1011 Seal Beach Boulevard (Seal Beach Townhomes)
(Continued from January 23, 2008)
Applicant/Owner:
Don Wilson Builders / JB Properties
Request:
Don Wilson Builders is requesting approval of Mitigated
Negative Declaration 07-1; General Plan Amendment 06-2;
Zone Change 06-2; Planned Unit Development 06-1, Vesting
Tentative Tract Map No. 17082 to accomplish the following
actions:
o Adopt Mitigated Negative Declaration (MND) 07-1,
certifying that the MND has been prepared in accordance
with the provisions of the California Environmental
Quality Act (CEQA);
o Amend the Land Use and Housing Elements of General
Plan to designate a 4.49 acre property from Light
Industry to Residential High Density;
o Change the zoning designation on this parcel from Light
Manufacturing (M-1) to Residential High Density (RHO),
District II to be consistent with the General Plan revision;
o Recommend approval of Vesting Tentative Tract Map
No. 17082 to create two separate lots for development,
and
o Construct 87 new town home residences ranging in size
from approximately 1,300 to 1,748 square feet.
Recommendation: Pleasure of the Planning Commission.
Staff Report
Mr. Olivera 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
Mitigated Negative Declaration (MND) was prepared by RBF Consulting in March of 2007,
with the public comment period commencing on March 22, 2007, and ending on April 20,
2007. Staff then prepared and circulated the Responses to Comments in May 2007. He
noted that the Planning Commission (PC) is an advisory body to City Council (CC) on all of
these requested actions. After. the PC makes a determination on the environmental
document and the requested land use entitlements, CC will hold future public hearings on
these requests.
Mr. Olivera explained that the subject property has approximately 420 feet of frontage
on Seal Beach Boulevard (SBB) and approximately 410 feet of frontage on Adolfo
Lopez Drive, and is located at the northwest corner of the intersection of SBB and
Adolfo Lopez Drive. He noted that properties to the north, within the Boeing Integrated
Defense Systems (BIDS) Specific Plan, are designated for Light Industrial/Business
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1 Park/Research and Development uses in both the General Plan (GP) and Zoning Code
2 (ZC). He stated that these properties are developed with larger warehouse/light
3 industrial concrete "tilt-up" buildings and development in this area is limited to 40 feet in
4 height. Properties to the south have a Public Land Use (PLU) zoning designation and
5 include the Seal Beach Police Department Headquarters, as well as the City's Public
6 Works Maintenance Yard. To the east of the proposed project site is the Seal Beach
7 Naval Weapons Station, which also has a PLU zoning designation.
8
9 The Senior Planner continued by stating that the City's GP designates this property as
10 "Light Industrial" and is classified as "Light Manufacturing (M-1)" in the ZC. The M-1
11 Zone requires all development to be designed under an industrial park concept in order
12 to ensure compatibility with the surrounding land use and to preserve the general
13 health, safety, and welfare of the community. This zone allows a variety of light
14 industrial uses, as well as wholesale businesses and research and development type
15 uses.
16
17 Mr. Olivera continued by stating that the requested GP Amendment (GPA) and Zone
18 Change would change the designation of the property to Residential High Density
19 (RHO) to allow for the development of 87 new townhomes. He noted that currently
20 there are no other high density residential developments within close proximity to the
21 proposed project site, and the Residential Low Density (RLD) Heron Pointe subdivision
22 is the nearest residential development, approximately 375 feet to the south.
23
24 He then stated that Lt. Tim Olson of the Seal Beach Police Department (SBPD) only
25 expressed concerns with the potential impact to on-street parking when SBPD conducts
26 training seminars or other functions that draw citizens and others from the community,
27 but expressed no great concern for the proposal itself.
28
29 Staff is recommending that the Planning Commission recommend certification of
30 Mitigated Negative Declaration 07-1 to the City Council, and is neutral on the remaining
31 requested entitlements.
32
33 Mr. Whittenberg noted that Attachment 11 of the Staff Report is a copy of the letter
34 received by Staff from Robert Goldberg stating opposition to this project.
35
36 Commissioner Questions
37
38 None.
39
40 Public HearinQ
41
42 Chairperson Deaton opened the public hearing.
43
44 Rich Welter, of Don Wilson Builders (DWB), thanked Staff for their assistance in
45 processing this application and noted that DWB was founded in 1955 and has
46 constructed not only residential developments but also manages and develops office
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1 and industrial properties. He then introduced his team as Javier Mariscal; Dr. Wallace
2 Walrod, who has written a report for DWB on jobs to housing within Seal Beach; James
3 Regan of Regan Realty Advisors, who prepared a fiscal analysis for this project; Peter
4 Hersch, Planning Consultant with Cox, Castle & Nicholson; and the President of DWB,
5 John Kaske.
6
7 Javier Mariscal referenced the initial hearing before the Planning Commission (PC) for
8 this project in September 2005 and noted that this hearing had provided invaluable input
9 that helped shape the evolution of this project. He indicated that the issue of land use
10 compatibility was one of the most important topics, and still remains so. Using a slide
11 presentation Mr. Mariscal noted that DWB believes this project provides a reasonable
12 land use transition from the Residential Low Density (RLD) at Heron Pointe to the light
13 industrial uses at the Pacific Gateway Business Park (PGBP). He stated that at full
14 build out the business park projects to create approximately up to 1,400 new jobs, and
15 absent any new housing within the City, chances are many of the new jobs will probably
16 go to commuters from outside Seal Beach, which would add to traffic congestion. He
17 indicated that developing town homes on the project site would help alleviate this
18 problem, and create a community where people can live and work in close proximity.
19 Mr. Mariscal continued by noting that the input received in 2005 also helped DWB to
20 refine product development to ensure that it was compatible with existing zoning,
21 General Plan goals, and surrounding land uses, and they also worked to create
22 opportunities and a benefit to the community and its infrastructure. He then explained
23 that the original project was for small lot, detached, patio-style homes designed to
24 accommodate 12 units per acre. He stated that DWB believes that the input received
25 had encouraged the development of town homes in order to increase home ownership
26 opportunities by creating more affordable homes. He reviewed the original design for
27 the townhomes and noted that with the suggestions provided by Staff the new design
28 for the project had improved greatly. He then proceeded to describe other
29 improvements such as having a wider main entrance, wider setbacks from SBB to allow
30 for more landscaping, main living areas of the homes will front internal loop streets and
31 will have front porches, and garage doors will alternate between single bay and double
32 bay widths. He then previewed renderings of the proposed project at completion and
33 discussed the design features and landscaping that would create a more aesthetically
34 pleasing and compatible project. He explained that Don Wilson wishes to ensure that
35 the project is consistent with the following planning goals:
36
37 1. Provide a wide choice of living accommodations and lifestyles for City residents.
38 2. Preserve and enhance the small town atmosphere and community values.
39 3. Stimulate new economic growth.
40 4. Significantly improve the balance between jobs and housing in Seal Beach.
41
42 Mr. Mariscal noted that the project would add variety to living accommodations by
43 appealing to a wider range of households and lifestyles. He added that living close to
44 where you work, shop, and interact socially is also a hallmark of living in a small town,
45 and the project, as proposed will provide this opportunity to its residents. With regard to
46 economic growth he noted that an inadequate supply of housing makes it more difficult
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1 for local employers to attract and retain future workers. He then explained that creating
2 a "walkable community" will promote the City's Growth Management Plan policy to the
3 extent feasible utilizing this information on jobs/housing balance in the City and region
4 as a factor in land use decision making.
5
6 Mr. Mariscal then briefly reviewed the reports that have been included in the Staff
7 Report and added the following comments (Documents are all on file for inspection in the
8 Planning Department.):
9
10 1. Inclusionary Housing Fee Study - DWB agrees with Staff's recommendation
11 for payment of an inclusionary housing fee requirement based upon 10% of
12 the project's 87 town homes for moderate income households.
13 2. Analysis of Fiscal Revenues Generated by the Proposed Project - At
14 completion, the development will generate approximately $60,000 more
15 annually in combined property, retail sales, and utility taxes than the current
16 industrial operator. Over a 30-year period the proposed town home project is
17 projected to generate approximately $6.5 million in combined property, retail
18 sales, and utility taxes, almost double the amount expected to be generated by
19 the current industrial operator.
20
21 Dr. Wallace Walrod, Vice-President of the Orange County Business Council (OCBC),
22 presented his findings on jobs/housing assessment for the City of Seal Beach for the
23 year 2007. He noted that the business community within Orange County (OC) is very
24 interested in workforce housing and is very supportive of projects like the Seal Beach
25 Townhomes. He indicated that the OC business community is very concerned with
26 losing the future workforce of 25-30 year olds and young families that are relocating due
27 to the lack of housing opportunities in OC with more and more of them now moving out
28 of the state. He stated that OCBC projects that another 20% of 25-44 year olds will be
29 lost over the next 20-25 years, and businesses are concerned with being able to
30 continue to do business in OC. He then discussed the problem of traffic congestion in
31 OC noting that the Orange County Transit Authority (OCTA) states that daily over
32 300,000 workers commute from surrounding counties into OC because they cannot find
33 housing opportunities here. Dr. Walrod stated that based upon housing units to be
34 developed and additional jobs projected within the next 20 years, this would increase
35 the number of commuters to over 600,000 per day. He indicated that housing experts
36 state that for every 1.5 jobs created, a housing unit should be provided, and out of 34
37 OC cities, Seal Beach ranked 31st in terms of providing work force housing within the
38 last 15 years. He noted that Seal Beach created 966 new jobs between 1991 and 2005
39 and only 140 housing units, and is projected to create approximately 2,500 new jobs in
40 the next 25 years (1,400 projected for BIDS Specific Plan area), with projections to
41 create approximately 100 housing units, or one housing unit for every 25 jobs created.
42 He encouraged the PC to support this project to help provide the infrastructure for future
43 workers.
44
45 Rich Welter stated that since the PC hearing in 2005, DWB has diligently worked to
46 create a "win-win" development for Seal Beach. He reiterated Dr. Walrod's comments
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City of Seal Beach Planning Commission
Meeting Minutes of February 6, 2008
on the need to provide housing for future workers within Seal Beach and OC. He noted
that this project requires no public subsidies and it will create 87 new homes within
walking distance of the projected 1,400 new jobs. He reiterated that this project would
be compatible with the primarily residential corridor along SBB. He added that Farmers
& Merchants Bank had written a very supportive letter for this project, which is included
in the Staff Report. He emphasized the following benefits of this project as follows:
1. Aesthetically enhance the Seal Beach Boulevard corridor.
2. Improve jobs to housing balance ratio.
3. Generate more tax revenue.
4. Contribute fees for impacts to city parks, schools, and affordable housing.
5. Upgrade of a major sewer trunk line of approximately 500-1,000 feet.
6. Will also pay sewer fees for other major infrastructure improvements.
7. Eliminate heavy truck traffic currently on the site.
8. Extend the Seal Beach Boulevard landscape median.
He stated that DWB had also looked at the City's goals and worked to create a project
that would fit in with these goals. He encouraged the PC to support this project.
Robert Goldberg stated he appreciated provision of the cost analysis, and encouraged
the City to also do its own independent analysis of the economic impacts of this project.
He noted that the cost analysis does not include business license fees, and the analysis
of property tax presupposes what the tax rate on this property is currently, versus what
it will be when 87 townhomes are sold. He cited compatibility with the adjacent
industrial park and noted that last summer a prospective tenant decided against locating
his business here due to concerns expressed by residents of Leisure World (LW) and
the Island Village Homes.
Mike Bubbe stated that a fundamental flaw with this proposal is placing housing within
an industrial area, which would eventually lead to issues for residents with noise
pollution, light pollution, air pollution, and traffic pollution. He also noted that tandem
parking is proposed and this creates the potential for problems with residents using the
front space for storage of vehicles, boats, or furniture, leading to more on-street parking.
He added that the site map shows no guest parking areas and the 35-foot height limit of
the homes may also become a problem. He recommended denial of this project.
Charles Feenstra spoke in opposition to building residential next to industrial uses and
the Seal Beach Police Department. He also cited the high security required for both
Boeing and the Naval Weapons Station (NWS), which are also located near the
proposed site. He expressed concerns with the lack of guest parking and proposed
tandem parking. He recommended denial of this project.
Mark Lupesco stated although this is a beautiful project it is proposed for the wrong
parcel and might be better suited to the tennis club property. He recommended that the
PC deny this project.
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1 Seth Eaker spoke in opposition to this project due to the proposed changes to the
2 General Plan, which would interfere with the flow, structure, and operation of Seal
3 Beach. He stated that this project presents the potential for a decrease in business
4 opportunities within the City. He also noted the expense stream for this project is being
5 ignored and cited expenses for delivery of City services, for police and fire services, and
6 the impact to local businesses. He said this project relates to the "urbanization" of Seal
7 Beach and the Seal Beach Chamber & Business Association will not endorse this. He
8 recommended that the PC deny this project.
9
10 Mr. Mariscal responded to the question on guest parking, noting that the project
11 provides three times the required amount of guest parking. At the request of
12 Chairperson Deaton he pointed out the guest parking areas on the site map.
13 Commissioner Roberts asked if there were any curbside parking other than the main
14 thoroughfare. Mr. Mariscal stated that curbside parking is permitted along the main
15 thoroughfare and noted two other areas where curbside parking would be allowed. With
16 regard to noise and traffic, he stated that the EIR adequately addresses this, as well as
17 compatibility issues. Commissioner Roberts asked if the study was done based upon
18 the complete build out of the PGBP. Mr. Whittenberg responded that the traffic analysis
19 was done based upon complete occupancy of the PGBP and the retail area also.
20 Commissioner Roberts asked if the Boeing population included projections for the 1,400
21 new jobs at that company. Mr. Whittenberg stated that these were included. With
22 regard to concerns over the proximity of this project to the SBPD, Mr. Mariscal stated
23 that in 2005 he had visited the Heron Pointe homes closest to the SBPD and the animal
24 care center and had noted no serious noise issues. With regard to compatibility he
25 cited the letter of endorsement from Farmer & Merchants Bank and added that the
26 proposed project would not be "clustered" in the center of the Boeing Specific Plan area.
27 He reiterated that the project would add heavy landscaping and complete the median to
28 "finish" this portion of the PGBP. He noted that there would be no street parking on
29 Adolfo Lopez Drive and the issues of traffic and noise have been adequately addressed
30 in the environmental studies. With regard to the fiscal analysis, he stated that the
31 business license fee paid by Accurate Metals is approximately $11,000 per year, and
32 may not have the significance to the City suggested by Mr. Goldberg. He noted that
33 costs should really be looked at in the EIR, as the impacts that this project would create
34 must be mitigated, with appropriate fees paid and the proposed infrastructure
35 improvements must also be considered. He indicated that DWB has emphasized the
36 major components of the revenue side to ensure that this project would be a plus in
37 terms of overall economic impacts to the City. He added that Mr. Torres from RBF
38 Consulting could probably respond to further questions regarding costs. Commissioner
39 DeLay asked if DWB has looked in the immediate area for other locations for this
40 project and has not found any. Mr. Mariscal stated that they had only looked at Parcel
41 C of the PGBP, which is adjacent to the project site. Commissioner DeLay asked how
42 wide the street within the project would be. Mr. Mariscal stated that main thoroughfare
43 would be 36-40 feet wide. Commissioner Roberts noted that recently builders are
44 abandoning residential construction and leaning toward commercial, and one of the
45 major developers for the proposed project at Westminster Avenue and 2nd Street has
46 backed out. He asked with the downturn in the market, what gives DWB the confidenceo
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1 that they will be able to sell these units. Mr. Mariscal stated that the residential market
2 usually turns very slowly, and they project that in 3-4 years when this project is
3 complete, the market will have turned up again. He added that DWB must look at what
4 the highest and best use for this location would be, and in this case DWB feels this
5 project would serve to complement the PGBP and its retail area. Commissioner
6 Roberts stated that compatibility and noise are major concerns, and Staff has
7 recommended that in an attempt to mitigate this, CC&Rs be used, which would serve as
8 disclosure to the homeowner that noise and compatibility are concerns and he or she
9 would have no recourse. Mr. Flower explained that CC&Rs provide notice to
10 homeowners of the surrounding uses, and does put them on notice regarding this.
11 Commissioner Roberts asked if the CC&Rs were binding enough to prevent a law suit
12 of any kind with regard to noise from adjacent uses. Mr. Flower stated that anyone can
13 file a law suit, but the CC&Rs would help dampen the chances of the success of a law
14 suit of this kind. Mr. Mariscal explained that in 2005 DWB had indicated to Staff that
15 they would record the notice of disclosure to ensure that everyone would be clear on
16 what the surrounding uses are. Commissioner Roberts then asked why the City had
17 backed down on the amount of open space, as it appears that a development of this
18 size would dictate .825 acres of open space, and the project proposes .14 acres. He
19 stated that this recreational space would be needed for residents of this development,
20 and .825.acres of park land would be a large selling point. Mr. Mariscal stated that the
21 .14 acres is typical of most developments of this type. He added that although the
22 townhomes are to have a height of 35 feet, the grade level would be 10 feet below the
23 street level for SBB. Commissioner Roberts stated that he would like to see a letter
24 from the property owner of the PGBP discussing his ability to lease industrial space in
25 proximity to residential. Mr. Mariscal stated that they did meet with the owner when
26 looking at Parcel C, and he was fine with the residential proposal.
27
28 Commissioner Massa-Lavitt asked if income levels have been established for the
29 projected 1,400 new jobs at Boeing. Dr. Walrod stated that an in-depth analysis has not
30 been done, but the OCBC estimates an average range of $50,000 - $70,000.
31 Commissioner Massa-Lavitt commented that even with a 2-income household a
32 $700,000 town home would not be affordable, and stated that it is misleading to state
33 that the average worker at Boeing and in the PGBP would be able to purchase one of
34 these homes. With regard to the landscape plan, Commissioner Massa-Lavitt stated
35 that common open space is negligible and noted that with families moving into these
36 homes there would be little space for children to play. She then noted that private open
37 space for living units needs to be expanded as the small courts at the front of the units
38 do not accommodate this. She strongly objected to having tandem parking for the two
39 bedroom units, and noted that side by side parking for two cars should be provided, as
40 this would prevent residents from parking on the street or taking up guest parking
41 spaces. She continued by stating that she is very concerned with noise issues from the
42 animal care center and with sirens on the police vehicles, as well as with traffic arriving
43 at and leaving the police department. She also noted that the MND shows no
44 population estimates for students attending the Los Alamitos Unified School District,
45 and she would like to see these numbers. Commissioner Massa-Lavitt then noted that
46 neither the EIR nor MND made mention of light and glare in terms of impacts from office
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1 and industrial buildings and their respective parking lots. She then indicated that the
2 larger issue is whether or not this is the right location for this project. She commented
3 that with many mixed use developments going up today, it is interesting to note that
4 Boeing did not incorporate residential units with their light industrial project, which leads
5 to the conclusion that Boeing had no intention of having homes nearby; otherwise they
6 would have proposed this. She said she believes having this residential development
7 so close to this light industrial area is not appropriate. She asked should the PC
8 recommend that City Council (CC) approve this project what would DWB be willing to
9 give back in order to really provide affordable housing to attract people that aren't
10 making $150,000 a year. She reiterated affordability, density, compatibility with
11 surroundings, income levels of workers, are all issues that need to be discussed at the
12 PC and CC levels and DWB also needs to ponder these issues.
13
14 Commissioner Bello agreed that this is not truly a development of affordable housing.
15 Mr. Mariscal stated that there is always a pull between density and affordability.
16
17 Commissioner Massa-Lavitt stated that if affordable housing units were provided,
18 maybe the density and tandem parking would not be as big a problem, but if DWB
19 wishes to go the market rate, 19 units per acre is too many.
20
21 There being no one else wishing to speak, Chairperson Deaton closed the public
22 hearing.
23
24 Chairperson Deaton re-opened the public hearing.
25
26 Mr. Welter stated that he would like to continue the public hearing on this item so that
27 he might prepare more comprehensive responses to the questions presented.
28
29 There being no one else wishing to speak, Chairperson Deaton closed the public
30 hearing.
31
32 Commissioner Comments
33
34 Commissioner Bello stated that she has spoken with a number of residents in her
35 district and was made aware of many strong concerns regarding this proposed project
36 including:
37
38 1. The proposed changes to the General Plan and zoning
39 2. The limited amount of residential land
40 3. Land use compatibility
41 4. Reliability of the Fiscal Analysis as presented.
42
43 She commented that the GP is there for a reason, and why have it if anyone can decide
44 they wish to change it. She said that she does not see that this project would provide a
45 real benefit to Seal Beach. With regard to limited amount of land in the City, she does
46 not see the benefit in changing an industrial use to residential, and land use
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compatibility is a serious consideration with this project. She then stated that the fiscal
analysis does not reflect what this development would ultimately cost the City and she
also cited concerns with affordability, traffic circulation, and noise.
Commissioner Roberts stated that the PC represents the public and although this is a
beautiful project, he has not heard one Seal Beach resident speak in favor. He
indicated that as such, it would be difficult to vote to approve this application.
Commissioner DeLay stated that when residences are mixed with industrial, it brings up
too many problems and he believes that the City would be better off by leaving the
existing zoning in place.
Chairperson Deaton stated that she had also received a lot of telephone calls and input
on this issue and noted that the political ramifications appear to be at the forefront. She
commented on the 35-ft. height of the townhomes and noted that in the 1970s a project
of this type was approved in District 1 and has been an ongoing problem ever since,
and she could never do this to the residents of District 3. She said that in 2005 she was
in agreement with having low income housing, but the proposed $650,000 townhomes
do not meet this need. She noted that there has been a lot of change and political
action in town since the Boeing property has been developed, and every time a new
business has come to town someone is unhappy. She explained that the GP was very
coherently put together by a group of 24 citizens who took the time to come together to
work on it, and they have asked that the Commission not allow anyone to mess with it.
She stated that the proposed project is beautiful, but it is not affordable or compatible
with the surrounding uses. As such she cannot support this proposal. She
recommended that this item not be continued, as tonight the Commission has heard
some very strong opinions and she believes DWB might be better off taking their case
to CC.
Mr. Whittenberg recommended that if the Commissioners have no concerns about the
MND that they make a separate motion to recommend that City Council (CC) approve
Mitigated Negative Declaration 07-1.
MOTION by Bello; SECOND by Massa-Lavitt to recommend that City Council approve
Mitigated Negative Declaration 07-1 and adopt Resolution 07-20 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Whittenberg thEm requested that a second motion be made recommending that City
Council deny General Plan Amendment 06-2, Zone Change 06-2, Planned Unit
Development 06-1, and Vesting Tentative Parcel Map No. 17062. He noted that Staff
would return at the next meeting with the formal resolutions for adoption. Chairperson
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Deaton asked if the motion could include tHe comment that based upon public testimony
and the reasons set forth by the Planning Commission they recommend this.
MOTION by Bello; SECOND by Massa-Lavitt that based upon public testimony and the
reasons as set forth by the Planning Commission a recommendation is made that City
Council deny General Plan Amendment 06-2, Zone Change 06-2, Planned Unit
Development 06-1, and Vesting Tentative Parcel Map No. 17062.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Whittenberg noted that Staff will return with the formal resolutions for adoption at the
February 20, 2008, Planning Commission meeting and there will be no further public
testimony taken at that time. He indicated that once the PC Resolutions are adopted, a
future public hearing before City Council will be scheduled to consider the project along
with the recommendations of the PC.
STAFF CONCERNS
None.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 11 :00 p.m.
Respectfully Submitted,
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Carmen Alvarez, Executive Secrefury
Planning Department
APPROVAL
The Commission on March 5, 2008, approved the Minutes of the Planning Commission
Meeting of Wednesday, February 6, 2008. ~.
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