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HomeMy WebLinkAboutPC Min 1988-02-17 . . . . . ." MINUTES OF MEETING SEAL BEACH PLANNING COMMISSION FEBRUARY 17, 1988 The Plannlng CommlSSlon of the Clty of Seal Beach met In regular seSSlon wlth Chalrman Covlngton call1ng the meetlng to order at 7'32 p.m. PLEDGE OF ALLEGIANCE was led by Vlce Chalrman Suggs. ROLL CALL Present: Chalrman Cov1ngton Commlssloners Jessner, Sharp, Suggs, Rullo Also Present. Ed Knlght, Dlrector of Development SerVlces Pam Walker, Admln. Asst., Development Servlces CONSENT CALENDAR MOTION by Jessner, second by Chair, to remove Item A from the Consent Calendar and to consider Item A separately. A. MOTION by Jessner, second by Sharp to approve as written the Minutes of February 3, 1988 Planning Commission Meeting. AYES: Jessner, Sharp, Suggs, Rullo ABSTAIN' Covlngton * * * MOTION CARRIED 4 - 0 B. MOTION by Sharp, second by Suggs to approve Item B, Plan Review 2-88 for 116 4th Street. MOTION CARRIED 5 - 0 * * * \ Page 2 - Plannlng Commlss10n Mlnutes - February 17, 1988 ~ PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 19-86 909 OCEAN AVENUE, SEAL BEACH PAPA JOE'S WALK UP/TAKE OUT RESTAURANT RESOLUTION 11448 STAFF REPORT was summarlzed by Pam Walker. Staff recommended the Plannlng CommlSSlon approve the extenslon of CUP 19-86 for three years by amendlng Resolutlon 1448 wlth (1) a clause notlng "WHEREAS, a duly notlCed publlC hearlng was held on Wednesday, February 17,1988; and ..." and (2) a condltlon be added to read liThe term of thlS permlt shall be through February 28, 1990, after WhlCh tlme the Plannlng Commlsslon may extend the permlt lndeflnltely, provlded that all condltlons of approval have been satlsfled." COMMISSION COMMENTS - There were no Commlsslon comments. PUBLIC HEARING WAS OPENED. ~ Rlchard Song - (Address Not Glven) Mr. Song lntroduced hlmself as one of the two buslness owners of Papa Joe's Plzza Restaurant. Untll now Mr. Song has acted as a 11mlted partner wlth Mr. Corky Glll ln the food operatlon of Pappa Joe's Pl zza Restaurant. Mr. Song stated that Mr. Glll had orlglnally lntended to carryon hlS relatlonshlp wlth the landlord to 1990 but now does not wlsh to do so. Mr. Song lS ln contact wlth the landlord and feels he has posltlve feedback as he has grown from one restaurant to S1X restaurants ln two years. Mr. Song sald he wants to accommodate hlS waltlng customers by uSlng 1400 square feet ln the restaurant WhlCh lS a blocked- off storage room. It was noted that half of thlS property lS a walk- up/take out restaurant and the other half lS a former dlnlng area that lS blocked off. He can't use 1400 square feet ln the dlnlng area 1n order to meet the condltlons of thlS CUP. Ms. Walker noted that Mr. Song could have used the dlnlng area lf the landlord had agreed to partlclpate ln the Clty'S In-lleu parklng program but the landlord would not agree to partlclpate and record such on the tltle. Mr. SOng agreed to talk to the landlord to resolve hlS problem by obtalnlng landlord's agreement on In-lleu parklng. Mr. Knlght sald there's no need to make changes ln thlS current CUP. Use of the 1400 square feet would be consldered under a separate analysls and couldn't be done th1S evenlng. MOTION by Sharp; second by Rullo to approve Conditional Use Permit 19-86 by adopting Amended Resolution Number 1448. e MOTION CARRIED 5 - 0 .. Page 3 - Plannlng CommlsSlon Mlnutes - February 17, 1988 e B. VARIANCE 1-88 420 MARBLE COVE AFTER-THE-FACT KITCHEN EXPANSION e STAFF REPORT was summarlzed by Pam Walker. Staff recommended the Planning Commlsslon not approve Varlance 1-88 for an after-the- fact kltchen expanslon lnto the requlred garage area because the requlred flndlngs for a varlance cannot be made In thlS case. The vlolatlon lnvolves a 170 square foot kltchen expanslon lnto the garage area taklng up one standard parklng space. A resolutlon reflectlng the Commlsslon's declslon wlll be prepared by staff for actlon at the next meetlng. ISSUE Can thlS varlance be approved? Approval lS permltted under the Clty'S Code under three flndlngs: (1) that such varlance shall not adversely affect the general plan, (2) that there are speclal clrcumstances appllcable to the property, lncludlng slze, shape, topography, locatlon or surroundlngs, the strlct appllcatlon of thlS zonlng chapter deprlves such property of prlvlleges enJoyed by other property ln the same vlclnlty and zone and (3) the grantlng of such varlance does not constltute a grant of speclal prlvllege lnconslstent wlth other llmltatlons upon other propertles ln the same vlclnlty and zone. Flndlngs 2 and 3 cannot be made ln thlS case. COMMISSION COMMENTS' Commissioners Sharp and Rullo determlned that there lS enough property to have left the garage ln place and expanded the kltchen ln another dlrectlon. D1SCUSSlon revealed that the expanSlon was achleved by the owner ln the most cost effectlVe and eaSlest manner WhlCh would least dlsrupt the house for the owner. PUBLIC HEARING OPENED Estelle Summervllle * 420 Marble Cove, Seal Beach Ms. Summervllle lntroduced herself as the owner of 420 Marble Cove; she has llved ln thlS house 30 years. Ms. SummerVllle sald she was aware her garage/kltchen expanslon was lllegal when lt was done ln 1981. She hlred a llcensed contractor do the work at a cost of $6,000. She sald she dldn't get a permlt because she knew lt wouldn't be legal and the contractor went along wlth her. She sald she could have bUllt the expanslon ln a southerly dlrectlon and had lt be legal but dldn't want to do that because of her front door locatlon. She could have moved a bedroom but dldn't deslre to do that. . . . . Page 4 - Plannlng CommlsSlon Mlnutes - February 17, 1988 Obtalnln9 Permlts CommlsSloner Suggs asked Ms. Summervllle If she had made any attempts to get permlts/to get approval before startlng thlS work. She sa1d no; she approached the Plannlng Department and offered to pay for after-the-fact permlts. She thought thlS would be on record ln Clty Hall. Ms. Summervllle sald her brother-ln- law and the other contractors warned her there may be a "day of reckonlng" on thlS matter. Pro~erty Taxes , Chalrman Covlngton noted her lmprovement was never recorded onto the rolls so the property taxes could be collected. Parklng Ms. Summervllle sa1d that as the only occupant of the house she has need for only one garage space. She drlves a Mercury Cougar and there lS no room ln the garage for any other car. Guest parklng for two cars would be on the drlveway slab. Mr. Knlght stated that setback requlrements would preclude bUlldlng a carport to achleve the requlred addltlonal park1ng space. Drlveway parklng capaclty lS not consldered under the parklng Code; parklng must be covered. Ms. Summervllle stated there are ergnt homes on Marble Cove and four do not have garages. These homeowners park on the street. Descr1be Expanded Area Ms. Summerville stated the orlglnal kltchen was left as orlglnal1y bUllt. The expanslon lncludes an eatlng area, vented Slnk to accommodate a bUllt-ln dlshwasher, a trash compactor, a broom closet, a refrlgerator. Mod el Homes These were orlglnally model homes. The bUllder converted some of the garages lnto a sales offlces and then left them that way when he sold them. Marble Cove Vlolatlons Chairman Covington asked Mr. Knlght lf actlon by the Clty was belng taken on the other propertles on Marble Cove that may be ln vlolatlon of the Clty Code. Yes, they are ln the Clty Attorney's offlce for Code vlolatron-actlon. Converslon At Tlme Of Sale Commissioner Sharp asked would lt be legal for a "converslon at the tlme of sale" to be posslble at thlS property? Mr. Knlght sald that lt lS not posslble at thlS tlme as the Clty doesn't have the provlSlons ln the Code. Staff lS beglnnlng to look at the 1 s sue 0 f 1 n s p e c t 1 0 n - 0 n =5are pro v 1 s 1 0 n s but wo nIt h a vet he 1 n for mat 1 0 n b a c k tot h e P 1 ann 1 n 9 Co mm 1 S S 1 0 nor C 1 t Y Co un c 1 1 for qUlte some tlme. . Page 5 - Plannlng CommlsSlon Mlnutes - February 17, 1988 . Len Danlello - 408 Marble Cove sa1d he's a nelghbor of Mrs. summervllle. He felt Ms. Summervllle's kltchen/garage expans10n should be left alone as she's not hurtlng anyone, cauSlng parklng problems and lS slmply lmprov1ng her quallty of 11fe. Ron Taylor - 343 Tenth street asked lf there's a statute of limitatlons on Code vlolatlons? Mr. Knlght sald no, the statute lS applled fromt"fle date of d1scovery. Mr. Taylor asked lf the Clty could charge her any back taxes owed and let the expanSlon stand untll she sells It. Chalrman Covlngton sald the Clty would be encouraglng other property owners to do the same. There must be a persuaslon to remove lllegal constructlon --- or not to bUlld lt lnlt1ally. Bruce Stark - 204 Ocean Avenue sald he feels we should treat everyone in the City of Seal Beach equally. He felt Ms. Summervllle was not causlng any problems - and the expanslon should stand. Mr. Stark sald many other people ln thlS Clty have converted areas and are not belng prosecuted although the Clty knows about these unlts. Stark sa1d Mr. Knlght has "a book ln hlS offlCe showlng the lllegal unlts' smoke stacks comlng out of the garages ...." He sald (at a recent Clty Councll meetlng) Joyce R1 sner lntrod uced a motlon to grandfather 1n the houses that had "sales offlces" (left ln them) and those were all gOlng to be taken care of. Why shouldn't thlS case be included ln that? Chalrman Covlngton sald the Plannlng Commlsslon lS not responslble for any actlon proposed by the Clty Councll members. Also, Chalrman Covlngton remlnded Mr. Stark that Mr. Knlght sald four other houses on Marble Cove wlth more extreme total converSlons were on the Clty Attorney's calendar. Code Enforcement Cases Chairman Covington asked Mr. Kn1ght how many such propertles lS staff worklng on? Mr. Knlght sald there are presently 100 Code enforcement cases be1ng worked on by Clty'S staff and about1'2=' 14 of these cases are 111egal unlts Wh1Ch are mostly ln the Old Town area of Seal Beach. Mr. Knlght sald the Clty'S Department of Development ServlCes works on a reactlve/complalnt recelved basls because of the Slze of It'S staff. The Clty doesn't have a Code Enforcement Offlcer ln the Clty and doesn't have the ablllty to move around town looklng for Code problems. There lS a study that was done ln 1979 WhlCh ldentll'les lllegal unlts but none of the informatlon was ever coll ated, not ltemized nor put lnto readable form. So staff would have to look at that study on a property-by-property bas1 s and there's -abou't 1500 - 1600 pages coverlng Old Town only. Staff would have to make summatlons about those propert1es and WhlCh ones staff should/should not move on. To do that klnd of effort the Clty would need a full tlme Code Enforcement Offlcer. e . Page 6 - Plannlng CommlSSlon Meetlng - February 17, 1988 R1ght now the Clty'S Department of Development ServlCes has the D1rector, Ed Knlght. the Admlnlstratlve Asslstant, Pam Walker and one part-tlme lntern who does a lot of letters. p1ctures and follow-up. We handle 4-5 dlfferent boards, staff reports preparatlon and all other work and one full-tlme secretary. Defense Mr. Knight addressed a pOlnt Mr. Stark brought up by statlng that Code enforcement lS a dlscretlonary actlon. It lS not a defense l"'Q"T'someone to say IIwhy aren't you dOlng somethlng to my nelghbor?lI. Each person wlth a Code enforcement case lS prov1ded w1th due process and equal protectlon and lS therefore not be1ng denled thelr legal rlghts. You do not have to prosecute cases slmultaneously. No one wlshed to speak agalnst thlS Varlance. The publlC hearlng wa S c 1 0 s ed . MOTION by Sharp; seconded by Ru 110 that the Pl ann; ng Comm i ss i on deny the request for approval of Variance 1-88. MOTION CARRIED 5 - 0 4It COMMISSION COMMENTS Chalrman Covlngton stated he planned to address the lssue of lllegal unlts later thlS meetlng. CommlsSloner Jessner commented that, whlle he empathlzes wlth Ms. Summervll1e, that the Plannlng Commlsslon lS bound by certaln requlrements/f1ndlngs. There are three separate flndlngs that need to be met for thlS Varlance to be approved. These requ1rements come from the State of Callfornla; It'S State law. The Plannlng Commlsslon cannot come up wlth posltlve flndlngs ln two of the three f1nd1ngs and therefore, they are bound by State law not to accept thlS Varlance. * * * 4It . . . Page 7 - Plannlng CommlsSlon Mlnutes - February 17, 1988 C. CONDITIONAL USE PERMIT 14-87 VARIANCE 8-87 345 10TH STREET SEAL BEACH SWIM SCHOOL RESOLUTION '1493 RESOLUTION '1494 STAFF REPORT was summarlzed by Ed Knlght. This lS an appllcatlon to re-establlsh an unenclosed prlvate SWlm school. Staff recommended the Plannlng CommlsSlon approve CUP 14-87 and Varlance 8-87 wlth condltlons. Staff further advlSed that the Plannlng COmmlSS)On recommend to the Clty Councll the parklng rate for the school of one space per employee, lncludlng the owner, one space for every two students ln attendance at the same tlme, and two spaces for drop offs. COMMISSION COMMENTS Commissioner Suggs recommended that dlvlng boards are nOlsy and felt none should be lnstalled. Commlssloners Sharp and Jessner noted that thlS property lS an eXlstlng pool and has been operated as a SWlm school ln the past. CommlSSloner Jessner noted a request ln 1987 to change the zonlng from C-2 to RHD and that was subsequently denled at the Clty Councll level. The present zonlng lS C-2. Chalrman Covlngton stated he went by the property today and noted that the gate was unlocked, leavlng the property accesslble. He recommended staff lmmedlately determlne lf thlS gate locks and lS closed. PUBLIC HEARING OPENED Glnny Flahlve - 867 South State College, Anahelm Ms. Flahlve introduced herself as the new owner of the Seal Beach SW1m School. She stated she has been ln the sWlmmlng buslness for 15 years and has a Red Cross Water Safety Llcense. Block Walls Chairman Covlngton recommended replacement of the present wooden fence wlth an 8' cement block walls on the south, west and north sldes of the property. ThlS would protect chlldren and others at the SWlm school far more than the wooden fence. Mr. Knlght sald thlS would be posslble to d-o. . Page 8 - Plannlng Commlss10n Mlnutes - February 17, 1988 Hours of Operatlon Ms. Flah1ve stated the hours of operatlon are set to be seven days a week. Monday thru Fr1day the hours wlll be 7:00 a .m. to 8.00 p.m. Saturday and Sunday the hours wlll be 1:00 p.m. to 5:00 p.m. Commlssioner Jessner asked the ratlo of adults to chl1dren ln the SWlm classes. Ms. Flahlve stated she expected more chlldren than adults. but that lap SWlmmlng (by adults) could be expected ln the early mornlng hours. Commlssloner Jessner stated that Slnce the SW1m school abuts resldent1al property that a 7:00 a.m. start1ng tlme may be too early. Commlssloner Sharp suggested the hours be rev1ewed ln 6 months. Chalrman covlngton suggested hours of lnstructlon start1ng at 8:00 a.m. lnstead of 7:00 a.m. Parklng Ginny F1ahlve has demonstrated ablllty to prov1de park1ng ln the st. Anne's Church parklng lot, WhlCh lS wlthln 300 feet of the SW1m school wlth a 25-year agreement authorlZ1ng the use of twelve (12) spaces ln the Church's lot. . Pool Cover - Cha1rman Covlngton asked Ms. Flahlve about uSlng a pool cover after bUSlness hours. Ms. Flahlve sa1d 1t was a good safety 1dea but the type you can walk on costs $15,000 and the type that screws lnto the deck costs $8 - 10,000. She would need to walt untll her bUSlness was lion lts feet" before purchaslng and lnstalllng thlS 1tem. PUBLIC SPEAKING IN BEHALF OF CUP 14-87 Terr~ Thomas - 1310 Crystal Cove. Ms. Thomas stated she was the Cleg orn's bookkeeper and the 11st1ng real estate agent. She sald the street has a varlety of bUSlnesses and was therefore not prlmarlly res1dentlal. Marsha Cle horn - address not Mrs. Cleghorn sald she star e t e Sea Beach SW1m Schoo 8 years ago. She had tr1ed to sell her property as resldentla1 property but Clty resldents went to the Clty Councll and sa1d they wanted a SWlm school. Rlchard Bloomer - 645 Island Vlew stated he was the Cleghorn'S pool manager and has kept it up Slnce lt was closed. He sa1d there was only one lnC1dent of people c11mblng the wall and SWlmmlng. He sald nOlse from the pool's fllter was controlled by puttlng brlcks over the f1lter. . . . . Page 9 - Plannlng Commlsslon Mlnutes - February 17, 1988 PUBLIC SPEAKING IN OPPOSITION TO CUP 14-87 Ann Cook - 339 10th Street. Ms. Cook lntroduced herself as the neighbor three doors from the SWlm school. The SWlm school lS an excellent ldea. She has llved ln that house 40 years but the Clty never notlfled her they wanted to put a pool there. She feels the present wooden fence lS homely but a cement block fence two feet hlgher wouldn' t keep the nOlse out. She stated the chlldren scream ln the SWlm classes because they're scared but It'S terrlble for the nelghbors to hear. The SWlm lessons are short so the cars come and go frequently. Jlm Gllkerson - 1011 ElectrlC Avenue spoke on the parklng lssue of the Seal Beach Swim School's using st. Annis Church parklng lot. He stated there were 57 marked parklng spaces ln the Church lot plus 2 other spaces for a total of 59 spaces, but that they'd been promlsed to other buslnesses over the years: 1982 - Hyams & Brlef was glven a varlance based on a letter from Father Colllns to be avallable at all tlmes unless there was a weddlng or a funeral. That varlance lS stlll ln effect and they use some 30 spaces. 1984 - st. Ann's asked for a varlance to make changes to a house on thelr property to accommodate three new prlests. ThlS took 3 spaces for the new prlests. 1986 - Kyle & Schuvelller at 320 Maln Street had a lease contract slgned by the dlocese of Orange for 26 spaces. That's a total of 59 spaces. The spaces are al ready commltted and there lS nothlng left to asslgn. Parlshloners should also be consldered as the parlsh lS very busy (dally and Sunday Mass, weekly CCD meetlngs, AA Meetlngs, Senlor Nutrltlon Meetlngs). Chalrman Covlngton asked lf staff had spoken wlth st. Ann's Church? Mr. Knlght sald staff could not flnd a varlance on the park1ng lssue. A 1971 varlance dldn't asslgn church parklng. Mr. Knlght sald he would telephone the Church and ask about these varlances. Ron Taylor - 343 10th Street Hl s bedroom lS 3' from the pool, therefore, the 8' block fence sounds good and the 8 00 startlng tlme sounds better yet. Page 10 - Plannlng CommlSSlon Mlnutes - February 17, 1988 .. MOTION by Suggs; second by Sharp to approve Conditional Use .. Permit 14-87 and Variance 8-87 through the adoption of Resolutions 1494 and 1495 with the following condltions: 1. Condltlonal Use Permlt 14-87 lS approved for the re-establ1shment of a SWlm school at 345 10th Street. 2. The non-conformlng front fence and lllegal slgnlng shall be removed. The front fence wll1 be replaced W 1 t h s h rub b e r y, s c r e e n 1 n 9 0 rot her mat e r 1 a 1 sap pro v ed by the Plannlng Department to screen the pool fllterlng and heatlng equlpment at the front of the house. ThlS wll1 lnclude two (2) self-locklng, self-closlng gates of equal helght JOlned to the masonry wall at the north and south Junctures. These gates wlll be self-closlng and self- locklng ln the daytlme hours. At nlght the locklng arrangement wlll enable the pool attendant to lock all three (3) gates so they cannot be opened from the outslde. 3. An elght-foot (8') masonry wall shall be constructed to replace the wood fence separatlng the subJect property on the south, west and north sldes. 4. The SWlm school shall malntaln an agreement wlth st. Ann's Church to use twelve (12) parklng spaces ln the Church's parklng lot for the next twenty-flve (25) years. e 5. The maXlmum class Slze shall be S1X (6) students at one tlme. 6. SubJect to flnal approval by the Clty Councll the parklng requlrement for the SWlm school wlll be as follows a. One (1) space for each employee, lncludlng the operator; and b. One (1) space for each two (2) students attendlng class at the same tlme; and c. Two (2) spaces for drop-offs. 7. Condltlonal Use Permlt 14-87 shall take effect upon flnal actlon by the Clty Councll on the above parklng requlrement. e - e e Page 11 - Plannlng CommlSSlon Mlnutes - February 17, 1988 Hours of operatlon shall be between 7:00 a.m. and 8:00 p.m. Monday through Frlday, and between 1:00 p.m. and 5:00 p.m. Saturday and Sunday. 9. Hours of lnstructlon wlll be from 8:00 a.m. to 8'00 p.m. 8. 10. The hours of operatlon wlll be revlewed ln S1X (6) months for Plannlng Commlsslon comments. 11. No dlvlng board shall be lnstal1ed. MOTION CARRIED 5 - 0 * * * D. CONDITIONAL USE PERMIT 12-87 12121 SEAL BEACH BOULEVARD ROSSMOOR BUSINESS CENTER RESOLUTION 11495 STAFF REPORT was summarlzed by Ed Knlght. The request lS to establish a landscaplng program to achleve the 7% landscaplng ln a non-conformlng commerclal center. Staff recommends that the Plannlng Commlsslon approve CUP 12-87 by the adoptlon of Resolutlon No. 1495. COMMISSION COMMENTS Chalrman Covlngton sald he was pleased that the landscaplng would apply to Rossmoor Center as a whole and there would be no small parcels that would have separate rlghts smaller than what other property owners would have to provlde under the Code. Mr. Knlght stated lt would also be posslble to add a condltl"'O'n statlng that thlS applles to the Rossmoor Buslness Center regardless of future subdlvlslons or conveyances. They can devlse them separately but we would always expect the conformlty for slgnage and landscaplng to be treated as an entlre center. PUBLIC HEARING OPENED - No representatlve of the appllcant was present. No one wished to speak ln favor or agalnst thlS matter. Jules Gllbert - 12300 Monteclto He llves ln a condominium near the Rossmoor Center. He stated the shopplng center people don't take care of the Center and felt the Plannlng Commlsslon should be aware of thlS lf they're gOlng to enter lnto a flve year landscaplng contract. The vacancy rate lS hlgh, the cleanlng lnsufflclent, poorly llt, and trenches for - e e Page 12 - Plannlng CommlsSlon Mlnutes - February 17, 1988 landscaplng are often fllled wlth water. Conslderlng these present condltlons, Mr. Gllbert sald he was concerned that the lot may be rlpped up for the next flve years and resldents couldn' t shop there. Mr. Knlght stated the long trenches Mr. Gllbert lS referrlng to are the trenches to hold the water p1pes for landscaplng to keep the landscaplng allve. They should be backfllled every nlght. There are constructlon safety standards for publlC works proJects. We do not keep track of prlvate proJects as well as we do our publlC proJects. Mr. Knlght told Mr. Gllbert to call lf there are any problems and staff would follow up on lt and staff would coordlnate wlth the publlC works lnspector to see, that when work starts, he go out there and keep an eye on thlngs. Jerry Gotlelb - 12300 Monteclto Mr. Gotleib said he's not gettlng any notlces from the Clty of Seal Beach. He was advlsed that he may not be wlthln the radlus for a certaln notlce (example' he may not be wlthln 300 feet of a certaln proJect and therefore not recelve a notlce) but they are avallable at several publlC llbrarles. MOTION by Sharp; second by Suggs to approve Conditional Use Permit 12-87, subject to conditions as follow, by the adoption of Resolution No 1495: 1. Condltlonal Use Permlt 12-87 lS approved to establlsh a landscape program for the Rossmoor Buslness Center. 2. The landscape program shall conslst of annual addltlons of plan materlal on the followlng schedule: To be added by Year-End 1988 To be added by Year-End 1989 To be added by Year-End 1990 To be added by Year-End 1991 To be added by Year-End 1992 6,479 square feet 6,479 square feet 6,479 square feet 6,479 square feet 6,479 square feet 3. If an annual addltlon exceeds the mlnlmum requlred, the excess shall not be credlted to a future year. 4. The mlnlmum Slze for trees shall be 15-gallon, wlth at least 20 percent of new trees a 24-lnch box Slze. - e e Page 13 - Plannlng CommlSSlon Mlnutes - February 17, 1988 5. Shrubs shall be a mlX of one (1) and flve (5) gallons ln Slze. 6. Prlor to each annual addltlon, preclse landscape plans lndlcatlng plan types and locatlon shall be submltted to the D1rector of Development Servlces for approval. PreClse plans shall be ln substantlal compllance wlth the landscape program approved by the Plannlng commlSSlon. The declslon of the Dlrector may be appealed to the Plannlng Commlsslon. 7. ThlS program shall be blndlng upon all parcels comprlSlng the 39.5 -acre property commonly known as the Rossmoor BUSlness Center and shown ln the Plans approved by the Plannlng Commlsslon. MOTION CARRIED 5 - 0 COMMISSION COMMENTS Chalrman Covlngton asked that the record reflect why the Plannlng Commlsslon approved staff's recommendatlons. To clarlfy, on the eXlstlng former Unlon Federal Savlngs & Loan slte there were IIXII number of thousands of square feet of 1 andscaplng. That was totally demollshed. The replacement of landscaplng on that slte lS part of the 15,000 square feet that's currently under con s t r u c t 1 0 n . It doe S n 't m a k e S ens e tog 1 vet hem f u t u r e c red 1 t for replacement of the landscaplng that already was there and was completely torn down. So, the staff's recommendatlon lS a way of recognlzlng that fact and taklng lt lnto account. * * * 5. SCHEDULED MATTERS A. Zoning Text Amendment Non-Conforming Residential Uses By the operating rules of the Planning Commission, the Chairman postponed the Zoning Text Amendment to the next meeting. 6. ORAL COMMUNICATIONS - There were none. Page 14 - Plannlng CommlsSlon Mlnutes - February 17. 1988 tit 7. STAFF CONCERNS Mr. Knlght sald the Plannlng Commlssloners were glven a copy of Measure II A" , (commonly known as the Sprlng Inltlatlve) from Bob Nelson, City Manager, dated January 20, 1988, for reVlew. ThlS went to the Clty Councll also and has been wlth them a couple of weeks. The League of Callfornla Cltles - 1988 Plannlng Commlssloners Instltute wlll be held ln Anahelm. ThlS lS a two-day, all day seSSlon on March 9 - 11. Further detalls are avallable from Ed Knlght for those Commlssloners lnterested ln attendlng. 8. COMMISSION CONCERNS MOTION by Jessner, second by Sharp that the Planning Commission conduct a Commission (non-public participation) discussion on the Spring Inltiative at the next regular meeting, March 2, 1988, during the .Scheduled Matters. portion of that meeting. MOTION CARRIED 5 - 0 e Chalrman Covlngton expressed hlS concern regardlng the eXlstence of lllegal unlts WhlCh could be llfe-threatenlng, potentlal dlsaster sltuatlons ln the Clty of Seal Beach. He acknowledged staff has lndlcated they are worklng wlthln the 11mlt of thelr resources. But the total number of such vlolatlons lS so large and the dlsaster potentlal and llablllty lS so great --- knowlng they are there and dOlng nothlng about lt --- to the taxpayers of the Clty that It'S a frlghtenlng sltuatlon. He asked the staff to, at the earllest meetlng posslble, come forward wlth materlal and a basls for a publlC study seSSlon ln WhlCh: lssues can be addressed compromlse Solutlons made posslble enabllng the greatest dangers to be recognlzed and corrected wlthout penallzlng totally the people who would come forward acknowledglng the lllegal unlts enable some type of "Sunset Provlslon" or "Correctlon- On-Sale" proVlslon to be made posslble. Some passlve/non-punltlve measure allowlng these unlts to be ln place lf the lmmlnent dangers could be lmmedlately corrected. Mr. Knlght sald he wasn't sure there could be a work seSSlon but felt staff could present a summatlon of actlons that have been . -- e . Page 15 - Plannlng CommlSSlon Mlnutes - February 17, 1988 done ln other communltles. welcomed. Audlence partlclpatlon would be 9. ADJOURNMENT - The meetlng was adJourned at 11:25 p.m. Respectfully Submltted, ~~-~~ Secretary THESE MINUTES ARE TENTATIVE AND ARE SUBJECT TO APPROVAL OF THE PLANNING COMMISSION. Mlnutes of February 17, 1988 were approved by the Seal Beach Plannlng Commlsslon on March ~, 1988.