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HomeMy WebLinkAboutPC Min 1988-10-19 . . . ; . .' CITY OF SEAL BEACH PLANNING COMMISSION MEETING OCTOBER 19, 1988 MINUTES The planning Commission of the city of Seal Beach met in regular session with Chairman Sharp calling the meeting to order at 7:32 p.m. PLEDGE OF ATJ~GIANCE The Pledge of Allegiance was led by Commissioner Jessner. ROLL ~AT.T. Present: Chairman Sharp Commissioners Fife, Suggs, Jessner Also Present: Ed Knight, Director, Development Services Dept. Elline Garcia, Admin. Aide, Develop. Srvcs. Dept. Absent: commissioner Rullo was excused due to illness. CONSENT CALENDAR Chairman Sharp requested the ten Consent Calendar items be considered separately. The Commission so agreed. A. MINUTES OF 9/7/88 MOTION by Suqqs to approve as presented the Minutes of September 7, 1988; SECOND by Fife. MOTION CARRIED 4 - 0 B. MINUTES OF 9/21/88 Mr. Jessner had a transposition correction at page 10, to read "is ~t" and not "it is". MOTION by Jessner to approve as presented the Minutes of September 21, 1988 with one correction as noted: SECOND by Suqqs. MOTION CARRIED 4 - 0 C. MINUTES OF 10/5/88 MOTION by Suqqs to approve as presented the Minutes of October 5, 1988: SECOND by Fife. MOTION CARRIED 4 - 0 . . . .. Page 2 - Planning commission Minutes of October 19, 1988 D. RESOLUTION NO. 1513 Mr. Jessner had a correction at Attachment A, page 2 of 2. His requested correction of "21" acres to "20" acres for conformity with all other documents. MOTION by Jessner to confirm Resolution No. 1513 with the correction to "20" acres: SECOND by Suggs. MOTION CARRIED 4 - 0 E. RESOLUTION NO. 1514 MOTION by Jessner to confirm Resolution No. 1514; SECOND by Suggs. MOTION CARRIED 4 - 0 F. RESOLUTION NO. 1515 MOTION by Suggs to confirm Resolution No. 1515: SECOND by Fife. MOTION CARRIED 4 - 0 G. RESOLUTION NO. 1516 MOTION by Fife to confirm Resolution 1516: SECOND by Suggs. MOTION CARRIED 4 - 0 H. RESOLUTION 1517 Note: This item is for Resolut10n No. 1518, not Resolution 1517. Mr. Jessner had a question at page 5, Precise Plan Review, lithe following noise mitigat10n standards represent a minimum oil extraction areas..." He said he thought double-panned windows wi thin the units should be added to the condition. There are certain designated un1ts that are impacted from these oil wells. Mr. Knight said noise mi tigation measures are adequately taken care of as they are a part of the Specific Plan and is also a requirement of the Uniform Builders Code. . Page 3 - Planning Commission Minutes of October 19, 1988 Mr. Suggs had a question re Gum Grove Park. He read "... which extended from the existing tree line to Seal Beach Boulevard" and wanted to know if the Planning Commission had decided on that configurat1on? Mr. Sharp said the Planning Commission made a recommendation to the City Council but that th1s was only one configuration for Gum Grove Park and that other conf1gurations should be considered by the City Council. Mr. Fife asked if the Vesting Tentati ve Tract Map been updated to reflect the changes made by the Planning Commission? Mr. Knight said "yes and noli. That the project proponent is not going to submit one that shows a reduct10n in 60 units. Mola has made minor changes to the map to try and alleviate the concerns that you raised in removing those 60 units. The City Council resolutions that will be prepared will include your recommendation. If they follow thru with that recommendation then the map, at that time, will have to be amended to show those changes. . MOTION by Fife to confirm Resolution 1517; SECOND by Suggs. MOTION CARRIED 4 - 0 I. RESOLUTION NO. 1518 MOTION by Jessner to confirm Resolution 1518; Suggs. SECOND by MOTION CARRIED 4 - 0 J. PLAN REVIEW 12-88 FOR 247 16TH STREET . The Commission noted a additional square footage, property, that it was setbacks and parking. Mr. F1fe asked why did the Comm1ssion make it more non- conforming? Mr. Knight said the codes were changed a couple of years ago to allow for minor additions to non-conforming residential structures. And that thru the Consent Calendar process and this is one of those improvements. It was noted this is done with some uniformity. There is a certain set of standards and criteria that have been recommended by the prev10us approval did not add that there are two units on this non-conforming due to density, . Page 4 - Plann1ng Commission Minutes of October 19, 1988 Planning Commission and adopted by the City Council to allow for these things to occur. Mr. Suggs asked if there were restrictions on parking spaces? Mr. Knight said four (4) park1ng spaces would be required to meet Code; it has one (1) currently. MOTION by Fife to approve Plan Review 12-88: SECOND by Suqqs. MOTION CARRIED 4 - 0 PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 9-88 12240 SEAL BEACH BOULEVARD MOBILE OIL CORPORATION . Elline Garcia presented the staff's report for CUP 9-88. This is a request by Mobile oil to demolish and rebuild an existing gas stat10n, eliminate the lube bays, have a snack shop/general service build1ng, three fueling islands, six multi-hose dispensers, a coin operated car wash. They also requested to sell beer and wine for off-site consumption. COMMISSION COMMENTARY Sharp: Is 1t a State law that service stations cannot serve beer and wine; is that correct? Knight: No. The law will change 1/1/89 where local agencies cannot categorically preclude selling alcohol from a service stat10n. No service stations in town sell alcohol. Sharp: Regarding the 6' fence around the drainage channel. I would recommend an 8' be allowed for noise mitigation. Jessner: The Code does allow for 8' fencing when commercial property abuts residential property. Fife: Said he would l1ke wording added that "landscaping planters be maintained in good condition." Jessner: Referencing the staff report, recommendation #12: "The applicant shall comply with all the requirements imposed by the Orange County Health Care agency's Tank Removal Division." What does this entail, Mr. Knight? . . Page 5 - planning Commission Minutes of October 19, 1988 Knight: I don't know all the exact procedures that the Orange County Health Care Tank Removal Division would do in the1r removal. Jessner: Said he had a question about "leak detectors". He asked Mr. Knight for further information. Kn1ght: Said leak detection is usually regulated by Orange County Fire and Orange county Health, instead of City regulation. Several years ago a series of laws were passed requiring double-walled tanks and leak detection devices for petroleum and 011 tanks (underground tanks) to stop leakage or soil contamination. PUBLIC HEARING OPENED BRIAN RECHSTEINER - 9891 VICKSBURG DR., HUNTINGTON BEACH Mr. Rechsteiner introduced himself as the representati ve for Mobile oil. Regarding the condonditions: . #2. He would like to see approval to sell alcohol. It would be convenient for the customer and gives the dealer an additional profit center. #4.C This ties in with condition #10. That refers to the street that is beside the property, Rossmoor Center Way. That property belongs to the Bixby Co. and Mobile is working with them now to (1) gain an easement or (2) through a prescriptive easement. Mobile would like to work out something w1th Bixby Co. to share the cost of fixing that street. #10. Mobile is working with Bixby now for an easement. If they don't have an easement on that property it doesn't really affect their project. . CONTAMINATION Mr. Jessner asked about remov1ng old tanks and ground contamination. Is there a requirement to test the ground under the tanks for contamination? Mr. Rechsteiner said yes, that the Air Quality people and Fire Department people are on site when the tanks are pulled. If any contamination is found the project is immediately stopped and take care of the contamination. The project does not proceed until the contamination is cleaned up. The new tanks and pipes are double walled with leak detectors under them. The trenching for the p1pes has a leak detector systems. If a pipe or tank leaks the system goes off. Mr. Jessner asked if Mobile oil would have any problem with a . Page 6 - Planning Commiss10n Minutes of October 19, 1988 condi tion being placed regarding testing? And whatever report comes from this testing be submitted to the Director of Development Services. Mr. Rechsteiner said if the Director wanted that information it would be available but 1t is normally handled thru the State agencies that are on site when the tanks are pulled. Mr. Jessner said he thought another condition would be applicable also - before any new construction were to take place that if any ground contamination were discovered that it be cleaned up to the requirements for cleanup - prior to any new construction start1ng. Mr. Rechsteiner said they have to do that under effective State laws. Mr. Jessner sa1d he would like to see these conditions set in place so the city has some control over this. Mr. Rechsteiner said that if ground water contamination they would have an on-going recovery system that could go on for a long time - so you would be constantly getting reports. If ground water gets contaminated you have to drill test wells. And they are put around the property to see how the ground water would be effected. It would be cleaned up or we couldn't proceed with the project. JIM HUNTSBURY - MOBILE OIL CORPORATION . He said they have some instances where they have contamination and there are contamination mitigation measures that can be on- going. They shoot the dirt with bugs that eat hydrocarbons. This is an accepted procedure that the State of California has allowed to happen. This could go on while they're building the stat10n and it's even open. The site, therefore, would not necessarily be clean before they're open. It might be in the process of being cleaned. In ground water contamination it might be a year or two before they can pump out all the contamination. There are on-going measures to clean up the s1te. Mr. Jessner asked if this would be done in writing? Mr. Huntsbury said yes, it would be in writing. Mr. Jessner sa1d that if the Plann1ng Commission imposed a condition saying that it was necessary the City receive something in wr1ting from the State regulatory authority saying it was OK to proceed, would Mobile have a problem w1th that? Mr. Huntsbury said no. That if there was contamination Mobile would get a permit and a procedural plan to mitigate that contamination and that could be supplied to the City Planning Commission. If there is contamination and it goes on and on, Mobile is requ1red to give updated status reports until it is mitigated. So it could be one, two or three years. When it's completely cleaned up a Closure Report is received. . COUNTY SANITATION DISTRICT/INDUSTRIAL WASTEWATER SECTION Mr. Fife asked about item 4.E where the applicant is supposed to send a blueprint to the Industr1al Wastewater Section of the county Sanitation Distr1ct ... what happens to this? Does the District make comments? Does the appl1cant become obliged to implement those comments? Mr. Kn1ght said this requirement came from the City's Engineering Department. Elline Garcia said she . Page 7 - planning commission M1nutes of October 19, 1988 didn't know the exact answer to this but assumed if the District had any comments they would direct them towards the City and compliance would necessarily follow. Mr. Fife requested the Planning commission add the wording "and 1mplement any changes recommended thereto by said District" on the end of item 4.E. Item "F" clearly states Mobile will meet the Southern California Water District requirements but "E" is ambiguous --- suggesting a blueprint only might be sent but doesn't explicitly require Mobile obtain their approval. Item "E" says "requirement and approval" but does not say "and obtain their approval". Add the word "obtain". Mr. Rechsteiner said Mobile oil would not have a problem with the eight (8') foot wall vice a six (6') foot wall. . SELLING ALCOHOL Mr. Jessner said he agreed completely with item #2 - that you not sell alcoholic beverages in conjunction with a gasoline station. The Planning commission has always taken a f1rm stand against this. The City of Los Alamitos has rejected it and are in a legal suit with Texaco where Texaco suing to sell alcohol. Mr. Knight said the City of Los Alamitos is very restrictive in selling alcohol 1n gas stat1on. Mr. Sharp sa1d he agreed with th1S condit1on also. That it would be too easy to drink and drive. PUBLIC HEARING CLOSED Change the conditions as follows: 1 . .i.& - Insert this (perm1 ss 1 ve ) wording (and not make ita requirement of their CUP): "with the permission of Bixby Ranch Co. and subject to obtaining an easement described in paragraph 10, ...". 2. 4.E - Insert the word1ng: "Obtain" between "and" and "approval" 3. 2 - Insert the wording: "And shall be maintained in good condit1on". 4. .2. - Change the text to read" . "An eight (8') foot masonry wall " Mr. Jessner asked if this fence went entirely along the Page . , . 8 - Planning Commission M1nutes of October 19, 1988 residences or some of 1t is by a channel? Mr. Sharp said it's across the channel from the res1dences. The channel is between this fence and the residences. There's a fence around the residences. 5. ~ - Add this condition: "The site shall be tested in conformance with State laws and agencies with a report forwarded to the city of Seal Beach, attention of the Director of Development Services." 6. ~ - Add this condition: "If ground contamination is found, reports on the cleanup and progress shall be forwarded to the City of Seal Beach per10dically to show due di11gence 1n cleaning up the s1te." Mr. Knight noted that Orange County would get involved thru State of California laws that would be 1nvolved if contam1nation were found. . MOTION by Fife to adopt Conditional Use permi t 9-88 subject to amendments; SECOND by Jessner. MOTION CARRIED 4 - 0 Chairman Sharp advised the Mobile 011 Co. representatives that they have the right to appeal this to the City Counc1l w1thin ten working days after the next Planning Commission meeting on November 1, 1988. SCHEDULED MATTERS A. PLAN REVIEW 13-88 3901 LAMPSON Mr. Knight presented the staff's report on this Plan Review. He said it is a request, by applicant Bixby Ranch Company, to use temporary mobile units during the remodel of the Old Ranch Clubhouse faci11ty. Staff's recommendat1on is that the Planning Commission approve Plan Review 13-88 by M1nute Order, for a one year period from October 13, 1988. . '0 . Page 9 - Plann1ng Comm1ssion Minutes of October 19, 1988 COMMISSION COMMENTARY Commissioner Fife asked staff what happens if the remodel takes longer than one year? Mr. Knight said there is a provision in the ~ that says if they're showing "due diligence" they can come back for another extension for one more year. Comm1ss10ner Fife questioned a trailer being used for restaurant purposes. Does the applicant envision accommodating within the trailer(s) approximately the same number of people that are customarily accommodated in the existing clubhouse? PAUL BUCKLAND - 128 1/2 42ND STREET. NEWPORT BEACH Mr. Buckland said the trailer would have a short-order type concession with small tables. It would not accommodate the same amount of people. This would be for snacks or sandwiches. . Mr. Fife said his concern was with a crowd gather1ng for dinners. There could be a danger for fire. Mr. Buckland sa1d he believed that during the remodeling phase there would be no banquets but he was not absolutely sure and would have to check on this item. Mr. Fife wants the following wording added to the conditions: "#7 - No banquets during the remOdeling." Commissioner Suggs asked what fire prevention measures would be taken. Mr. Buckland said he was not completely familiar with the fire requirements of the plan but he thought they'd be using fire extinguishers. Mr. Knight said this would come under the review of the Orange County Fire Department and they w1ll supply the proper number of fire extingu1shers. MOTION by Fife that Plan Review 13-88 be adopted with an additional condition, 17, added to read that "the trailers will be used for a men's and women's locker room, restroom facility, and pro-shop"; SECOND by Suggs. MOTION CARRIED 4 - 0 ORAL COMMUNICATIONS FROM THE AUDIENCE -. DAVID FULLER - 2214 17TH STREET. SEAL BEACH Mr. Fuller said that earlier this evening the Plann1ng Commission approved Plan Review 12-88 for 247 16th Street that he purchased. Trying to get an addition to your house can be a tedious and frustrating experience if you're unfamiliar with the process. He said he wanted to compliment the Plann1ng Department, especially Mr. Knight, because they helped him tremendously in preparing his plans so he'd conform to the City's codes and in helping him prepare the paperwork to get h1s addition approved. . . . ~, l. Page 10 - Planning Commission Minutes of October 19, 1988 STAFF CONCERRS There were no staff concerns. COMMISSION CONCERRS There were no Commiss1on concerns. ADJOURRMEMT The meeting was adJourned at 8:45 p.m. Respectfully Submitted, qo~ ~~" Joan Fi11mann Secretary THESE MINUTES ARE TENTATIVE AND ARE SUBJECT TO THE APPROVAL OF THE PLANNING COMMISSION. * * * The planning Commission of Minutes of October 19, 1988 were approved by the Planning Commission on 'h.0Je~ I' 1988. ~