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HomeMy WebLinkAboutPC Min 1989-03-01 e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF MARCH 1, 1989 MEETING PLEDGE OF ALLEGIANCE The Pledge of Alleglance was led by CommlSSloner Rullo. ROLL CALL Present: Chalrman Sharp CommlSSloners Rullo, Flfe, Suggs, Jessner Staff: Ed Knlght, Dlrector, Development SerVlces Dept. Barry Curtls, Admln. Alde, Development Srvcs. CONSENT CALENDAR A. MINUTES OF FEBRUARY 1, 1989 MOTION by Rullo to approve the Plannlng Commlsslon Mlnutes of February 1, 1989; SECOND by Jessner MOTION CARRIED 5 - 0 e B. MINUTES OF FEBRUARY 15, 1989 MOTION by Suggs to approve the Plannlng Commisslon Mlnutes of February 15, 1989; SECOND by Flfe. MOTION CARRIED 3 - 2 ABSTAINED: Jessner, Rullo PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 1-89 1901 GOLDEN RAIN ROAD, LEISURE WORLD Chalrman Sharp stated he and Commlssioner Suggs are shareholders In Golden Raln, he turned the Chalr over to Commlssloner Jessner, and sald he and Mr. Suggs would not be votlng on thlS CUP. Mr. Knlght dellvered the staff's report on Condltional Use Permlt 1-89. Staff recommended approval of CUP 1-89, subJect to the followlng amendment of condl tlon # 2, through the adoptlon of Resolutlon No. 1530: 2. Condltlon to be amended as follows: Landscaplng plans shall be lncluded with the submlttal of subsequent constructlon documents and landscaplng shall be lnstalled In accordance Wlth sald plans and thereafter malntained. . e Page 2 - Plann1ng Comm1SS10n M1nutes of March 1, 1989 Comm1ss10n Comments There were no comments. Pub11C Hear1ng Opened The app11cant was not present. No one from the aud1ence w1shed to speak for or aga1nst CUP 1-89. The Pub11c Hear1ng was closed. Comm1ss10n Comments Mr. Jessner sa1d he noted no problems w1th th1s CUP. MOTION by Rullo to approve Cond1t1onal Use Perm1t 1-89; SECOND by F1fe. MOTION CARRIED 3 - 2 ABSTAINED: Sharp, Suggs B. GENERAL PLAN AMENDMENT 1-89 ZONE CHANGE 1-89 TENTATIVE PARCEL MAP 89-62 FIRST STREET, SEAL BEACH e Mr. Kn1ght de11vered the staff report, not1ng th1s was matter was cont1nued by the Plann1ng Comm1SS1on as a closed Pub11C Hear1ng for four reasons: (1) to allow the app11cant to cons1der a redes1gn of the s1te from f1ve un1ts to four units; (2) at the d1rect10n of the Plann1ng Comm1SS10n he was to develop two al ternati ve S1 te plans show1ng two d1fferent 10cat1ons of the dr1ve a1s1e (adJacent to the eX1st1ng res1dences, adJacent to the 011 separat10n fac111 ty); (3) staff was to contact Exxon for answers to Plann1ng Comm1ss10n quest10ns; (4) the app11cant wanted to meet w1th adJacent homeowners. Mr. Kn1ght sa1d Tentat1ve Tract Map 13867 shows the proJect has been reduced from f1ve un1ts to four un1ts. In accordance w1th the Subd1 V1S10n Map Act it no longer needs to be a Tentat1 ve Tract Map and can be a Tentat1 ve Parcel Map. It has been renumbered as Tentat1ve Parcel Map 89-62. No other changes have been made to th1s Map. - Mr. Kn1ght sa1d he contacted Wade Cook at Exxon to d1scuss lease provision 1ssues and est1mated 11fe of the current 011 separat10n fac111ty. The1r lease runs for "as long as they can produce 011 in a v1able off-shore fac111 ty wh1ch he put 1n excess of 25 years. The lease calls for an 011 separat10n fac111 ty and no ref1ned gaso11ne 1S stored at the s1te." Mr. Kn1ght sa1d there was a natural gaso11ne 11ne break 1P Long Beach last summer wh1ch d1d result 1n the vent1ng of some natural gas on the 011 separat10n s1te until alternate n~tural gas 11nes could be used to transfer 1t off the s1te. No ref1ned fuels have ever been d1verted to or stored at the fac111ty. e Page 3 - Plannlng COIDmlSS10n Mlnutes of March 1, 1989 Mr. Knlght sald he contacted lndemnlflcatlon clauses for the CC&R's. the Clty Clty Attorney who could be added to sald the Mr. Knlght lntroduced letters from Blll and Loydlne Lazlch and Nancy Mlntz WhlCh were read lnto the Record. COIDmlSS10n Comments Mr. Jessner sald he would llke thlS meetlng opened up for a PubllC Hearlng. PubllC Hearlng Opened e James Watson * 101 Maln street. "A". Seal Beach Mr. Watson sald the maln lssue seems to be helght --- 25 feet versus 35 feet. He opposed dropplng the helght to 25 feet for deslgn reasons. Mr. Watson sald he lS requestlng 25 feet helght Ilmlt for the front two houses and at 35 foot helght Ilmit on the back two houses. He noted these houses are two storles with a loft type area that lS not for Ilvlng, they are not capable of belng a bootlegged sleeplng area, and they have cathedral Ilvlng room celllngs. The archltecture lS Tudor/Ellzabethan. Gary Dean Myrlck * 216 1/2 10th Street, Seal Beach Ollver Pfelffer * 1005 Electrlc Avenue. Seal Beach Glen Helnz * 289 Corsalr. Seal Beach These people spoke In favor of the proposed proJect statlng that lt looked a lot nlcer than the eXlstlng storage yard. Nancy Mlntz * 154 Electrlc Avenue. Seal Beach Blll Lazlch * 100 Electrlc Avenue. Seal Beach These people spoke agalnst the proJect statlng lt would restrlct llght and alr flow to thelr homes. Mr. Lazlch sald he would llke to see the lane posted "Flre Lane - No Parklng". Mr. Lazlch would also llke to see a condltlon to requlre Mr. Watson be the developer. Dan Wampole * 118 Electrlc Avenue. Seal Beach Mr. Wampole spoke agalnst the proJect saYlng he had two concerns safety and hlS prlvacy. Mr. Wampole stated he had talked to Captaln Ivan Johnson. Orange County Flre Department. Seal Beach before comlng to the meetlng thlS evenlng and was told the following by Captaln Johnson: Reflned gas could be pumped lnto the 011 separatlon faclllty. . A 500-gallon hydrogen peroxlde stalnless steel tank was lnstalled about one year ago at the 011 separatlon faclllty. e Page 4 - Plann1ng Comm1ssion M1nutes of March 1, 1989 When hydrogen perox1de lS m1xed w1th 011, wood or paper 1t makes a h1ghly combust1ble mater1al Wh1Ch is hyper flammable. Exxon bU11t a wood fence around two sldes of the hydrogen perox1de tank to m1t1gate the n01se of 1tS p1ston pump. Exxon ut111zes hydrogen perox1de as an oX1d1zer. It lS m1xed w1th the water extracted from the 011. The water lS not pumped out to the ls1and (as stated at a prev10us Plann1ng Comm1SS10n meeting) but is pumped 1nto C1ty sewer 11nes. The hydrogen perox1de d11utes the water's aC1d1ty so 1t doesn't corrode C1ty sewer 11nes. In case of a d1saster and f1re, the f1re 1tself would be mostly conta1ned w1th1n the operat10n. The rad1ant heat w1th1n 50' would be a d1saster and they would have a maJor problem 1n f1ght1ng it. Mr. Wampole sa1d Exxon told h1m: e They would not "come out 1n Oppos1t10n" to th1S plan but d1dn' t really want the add1 t10nal aggravat10n W1 th houses "be1ng that close". They have an almost 1mposs1ble problem of el1m1nat1ng low frequency n01se from the1r pumps. Exxon has someone at the fac111ty dur1ng the dayt1me but at n1ght the1r personnel are 1n W11m1ngton or on the ls1and. Mr. Wampole sa1d the second lssue he's concerned about lS the pr1vacy of h1S sundeck. The floor of h1S sundeck lS 3' above the floor of h1S second story and lS attached to h1S house. Mr. Wampole sa1d he told Mr. Watson that Mr. Watson lS tak1ng someth1ng from h1m and requested Mr. Watson "move h1S sundeck up." Mr. Watson refused to rebu11d the deck. Mr. Wampole sa1d he wanted the Plann1ng Comm1ssion to 1nclude a cond1t10n that Mr. Watson "return to h1m what he has lost". . J1m Watson * 101 Ma1n street. Seal Beach In rebuttal, Mr. Watson sa1d there lS enough separat10n between h1S proJect and Mrs. M1ntz house to allow a1rflow and 11ght adequately. Respond1ng to Mr. Wampole's comments, Mr. Watson sa1d Mr. Wampole asked h1m (at a meet1ng w1th other home owners) to bU11d a deck on the top of h1S house. When Mr. Watson refused Mr. Wampole stated he would do everyth1ng he could to oppose th1S development. The safety lssues are probably not val1d. If they would be val1d, why should th1S property be used as a buffer to benef1t Exxon? If there truly lS a safety problem at the 011 separat10n fac111ty then that's a Code enforcement problem the C1ty should be looking 1nto. If a problem is found, Exxon should e Page 5 - Plann1ng Comm1SS10n M1nutes of March 1, 1989 correct 1t. that s1te. Mr. Watson sa1d he 1S aware of a n01se problem on In response to Comm1SS10n quest10ns, Mr. Watson sa1d All the walls w1ll be 1nsulated --- 1nclud1ng the walls w1th westerly exposure toward the 011 fac1l1ty. The present res1dents, the C1ty and I should work together w1th Exxon to correct the n01se s1tuat10n. A dec1bel test has not been done. stated he would pub11cly declare that 1f the proJect 1S approved he w1ll reta1n and develop the property. Comm1ss10n Comments e Mr. F1fe sa1d he 1S concerned that the normal operat10n of the 011 separat10n fac1l1ty 1S one th1ng but we also have the s1tuat10n of what can happen there. Mr. F1fe sa1d he was concerned that the p1pes are 1nterconnected 1n such a manner that leak1ng natural gas could be pumped from one fac1l1ty to another. Mr. Jessner sa1d the trash p1ck-up situat10n should be def1ned w1th the C1ty'S trash collect10n company to assure p1ck-up on F1rst street. Mr. Sharp asked about the cash bond Mr. Watson 1S to pay. Mr. Kn1ght sa1d Mr. Watson would be paying a cash fee to the C1ty, not a bond. It would be depos1 ted 1n a separate account. The State of Ca11forn1a has developed new laws 1n th1s regard. It can stay 1n that account for f1ve years. At that p01nt, every year the C1ty of Seal Beach would have to make a f1nd1ng stat1ng that there's a reason for that money and 1t w1ll be used some day. That money and 1nterest earned w1ll go toward a certa1n proJect. Mr. Rullo asked staff 1f 1 t 1S legal to cond1 t10n Mr. Watson develop that property. Mr. Kn1ght sa1d we can't force Mr. Watson to buy th1s property. MOTION by F1fe to approve Resolut10n No. 1527 as presented; ~COND by Jessner. MOTION CARRIED 5 - 0 - e Page 6 - Plann1ng Comm1SS1on M1nutes of March 1, 1989 MOTION by F1fe to approve Resolut1on No. 1528 W1 th paragraph seven being amended to read: ... lim1t1ng the he1ght on the property to twenty-f1ve feet (25')/two stor1es , except for the southerly one-half thereof upon Wh1Ch a maximum he1ght of th1rty-f1ve feet ( 35' ) shall be perm1 tted on condi t10n that no structure shall have more than two stories of 11ving space and the architecture of the roofs shall be of the style presented at the Plann1ng Comm1ssion meet1ng of March 1, 1989 or equivalent thereof. SECOND by Rullo. MOTION CARRIED 5 - 0 MOTION by F1fe to amend condit10ns #19 and #30 of Resolut10n No. 1529 as follows and to proceed with cons1derat10n of further amendments; SECOND by Suggs: As presented: e 19. Construct1on of a 7.5' concrete s1dewalk ad]Oln1ng the curb slde along F1rst street. Rema1n1ng parkway shall be landscaped with an 1rr1gat1on system. To be amended as: 19. Pub11c right-of-way from curb to property 11ne shall be landscaped and ma1nta1ned. Pr10r to bU11ding perm1 t 1ssuance, subd1vider shall pay a fee based on the estimated construct10n cost for the 7.5' concrete s1dewalk ad]01n1ng the curb s1de of F1rst Street. The C1ty shall use these funds to construct the s1dewalk at a point 1n the future. As presented: 30. Construct1on of an e1ght (8') foot masonry e1ght (8") 1nch block wall ad]01n1ng the 011 separation fac11ity. Use of SpIlt face, slump stone or bouquet stone 1S acceptable. To be amended as: 30. Construct10n of a S1X (6') foot masonry e1ght (8") 1nch block wall ad]01ning the 011 separat10n faci11ty, SubJect to a noise analys1s. Use of split face, slump stone or bouquet stone 1S acceptable. -- MOTION CARRIED 5 - 0 . e Page 7 - Plannlng COmID1SS10n Mlnutes of March 1, 1989 MOTION to amend condltions #25 (N) and 129 of Resolutlon 1529 as follows: As presented: 25.N Indemnlflcatlon to the Clty of Seal Beach from 11tlgatlon that may arlse from the ad]Olnlng 011 separatlon facl1~ty. To be amended as: 25.N Indemnificatlon to the Clty of Seal Beach and any of ltS employees, offlcers, offlclals and agents from lltlgatlon that may arise from the adJolning 011 separatlon facl1lty. 29. A mlnlmum of three (3) guest parklng spaces wl11 be provlded for the proposed project. To be amended as: e 29. A minlmum of three (3) guest parklng spaces will be provided for the proposed project. Each will be marked Wlth the house number of the house lt lS lntended to serve. SECOND by Suggs. MOTION CARRIED 5 - 0 MOTION by Rullo to approve Resolutlon No. 1529 as amended; SECOND by Fife. MOTION CARRIED 5 - 0 SCHEDULED MATTERS A. ZONE TEXT AMENDMENT 1-89 MOTION by Flfe to table Zone Text Amendment 1-89 to the Plannlng COmDassion meeting of March 15, 1989; SECOND by Rullo. RULED ON BY CHAIRMAN SHARP - Chalrman Sharp has communlcatlons from Rossmoor Center on thls zone text amendment and he has also talked to Dottle Phl1lp, Manager of Rossmoor Center. Mr. Knlght is to provlde a copy of Dottle's letter to all the COmID1SSloners. ~ ~ e Page 8 - Planning CommlSSlon Mlnutes of March 1, 1989 ORAL COMMUNICATIONS There were no oral communlcatlons from the audlence. STAFF CONCERNS Commlssloners Flfe and Suggs and Mr. Knlght wlll attend the semlnar In Monterey In Aprll. COMMISSION CONCERNS Mr. Jessner sald he has further concerns about the 011 extractlon zone for the rest of the 011 separatlon property along Flrst Street. He would llke to see hearlngs lnltlated to change the zonlng to be compatlble wlth the houslng there. Mr. Knlght lS to place thlS on the Plannlng Commlsslon's schedule. ADJOURNMENT Chalrman Sharp adJourned the meetlng at 9:30 p.m. Respectfully Submltted, e ~ ~Flllmann '"' Secretary These Mlnutes are tentatl ve and are subJect to approval by the Plannlng CommlSSlon. * * * The Plannlng CommlSSlon Mlnutes of March 1, 1989 were approved by the Plannlng CommlSSlon on ~cJ.-.. \ b ,1989. ~ -