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HomeMy WebLinkAboutPC Min 1989-07-05 .. . . e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF JULY 5, 1989 The regular meet1ng of the Plann1ng Comm1ss1on was called to order 1n C1ty Council Chambers by Cha1rman Sharp at 7:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Alleg1ance was led by Mr. Rullo. ROLL CALL Present: Cha1rman Sharp Comm1SS1oners Rullo, F1fe, Suggs Absent: Comm1SS1oner Jessner Staff Present: Sandra Massa-Lav1tt, Inter1m D1rector, Development SerV1ces CONSENT CALENDAR 1. MINUTES OF JUNE 21, 1989 It was noted the M1nutes of June 7 and June 14 were om1tted 1n error and w1II be 1ncluded 1n the next packet. There was no Plann1ng Comm1SS1on meet1ng on June 21, 1989 as noted on the Agenda. 2. PLAN REVIEW 14-89 141 13TH STREET Sandra Massa-Lav1tt del1vered the staff report. Plan Rev1ew 14-89 lS a request to add approx1mately 266 square feet to the front un1t of a legal nonconform1ng duplex and w1II 1nclude the enlargement of the k1 tchen and add1 t10n of a bathroom. Dale Allyn 1S the appl1cant. Comm1ss1on Commentary Mr. F1fe referred to the staff report not1ng the park1ng could not be met w1thout the removal of two anc1ent trees. He felt those trees should be preserved, although they are not now des1gnated "h1stor1cal trees". MOTION by Flfe to approve Plan ReVlew 14-89 with the addltlon of a fourth condltlon to read: 4. Requlre the property owners to malntain the eXlstlng trees that are twenty-flve (25) years of age or older Wl thout removlng those except and unless they obtain a permlt to do so from the Plannlng Commlssion. SECOND by Suggs. MOTION CARRIED 4 - 0 AYES: Rullo, Flfe, Suggs, Sharp ABSENT: Jessner e Page 2 - Plannlng Commlsslon Mlnutes of July 5, 1989 3. PLAN REVIEW 15-89 252 17TH STREET Sandra Massa-Lavltt dellvered the staff report. ThlS lS a request to remove/replace a roof, modlfy the kltchen, make mlnor lnterlor wall modlflcatlons, replace eXlstlng wlndow Wl th a bay wlndow. The appllcants are Helen and Jack Wllson. MOTION by Rullo to approve Plan Revlew 15-89; SECOND by Flfe. MOTION CARRIED 4 - 0 AYES: Rullo, Flfe, Suggs, Sharp ABSENT: Jessner PUBLIC HEARINGS 4. CONDITIONAL USE PERMIT 5-89 131 1/2 MAIN STREET RESOLUTION No. 1545 (DON JUAN'S TACO HOUSE) e Sandra Massa-Lavltt dellvered the staff report. The appllcants are Gary and Joan Wussow. The owner lS Leland Garrlson, Trustee. They are requestlng to transfer an eXlstlng on-sale beer and Wlne 11cense, In con]Unctlon with the transfer of ownershlp of an eXlstlng restaurant at 131 1/2 Maln Street. Commlss1on Commentary Mr. Rullo asked where thelr 'grandfathered parklng space' was? Ms. Massa-Lavltt explalned that space eXlsted prlor to the current parklng code. The old parklng codes dld not requlre thls number of parklng spaces. The space does not eXlst but they get credlt for It. Mr. Flfe asked to have Condltlon #6 reworded. Speclflcally to delete the words "dlsplay devlces". He noted the CommlSSlon has sald there wll1 be no alcohollC beverage dlsplay advertlslng In wlndows. Mr. Suggs sald hlS concerns lS that there are slgns allover town advertlsing certaln beers, Wlnes etc. and asked lf we are gOlng to enforce lt or not? Mr. Sharp sald ... the ordinance should probably be changed or reworded because we have a lot of people that are not followlng lt untl1 then this wordlng has to be lncluded. MOTION by Rullo to approve Condl tlonal Use Perml t 5-89, by the adoptlon of Resolutlon No. 1545, with a change to Condltlon #6 so lt wll1 read "6. That there shall be no alcoholic beverage advertislng located In the wlndow areas". e SECOND by Flfe. MOTION CARRIED 4 - 0 AYES: Rullo, Flfe, Suggs, Sharp ABSENT: Jessner e Page 3 - Plannlng Commlsslon Mlnutes of July 5, 1989 5. CONDITIONAL USE PERMIT 6-89 12240 SEAL BEACH BOULEVARD RESOLUTION No. 1546 (MOBIL OIL CORP.) Sandra Massa-Lavltt dellvered the staff report. The appllcant, Mobil 011 Corporatlon, lS requestlng reconslderatlon of the orlglnal condltlons of approval for CUP 9-88. This was a request to perml t the rebulldlng of an eXlstlng gasollne statlon to include a snack shop/general serVlce buildlng, three (3) fuellng lslands, SlX (6) mul tl-hose dlspensers and a COln operated car wash. CUP 9-88 was approved In October 1988. At that time there were condltlons of approval put In place. Condition #10 read: 10. Prlor to lssuance of any permlt, the appllcant shall produce a lease agreement or other legally blndlng devlce, from the owners of the access easement located at the southerly property llke grantlng a permanent rlght of lngress and egress to Mobll 011 Corporatlon. Fallure to produce such agreement may cause reV1Slons to the slte plan, WhlCh shall be consldered by the Plannlng Cornrnisslon as an amendment to thlS CUP at a dully notlced PubllC Hearing. tI' Mobll 011 has been unable to obtaln the permanent lngress/egress at Rossmoor Way. The Clty'S Englneerlng Department has revlewed the plan wlthout Condltlon #10 and feels that the two entrles off Seal Beach Blvd. would adequately serve thls faclllty In the event the access off Rossmoor Way would be ellmlnated. Staff recommends approval of CUP 6-89 wlth its fourteen (14) condltlons In place through the adoptlon of Resolutlon No. 1546. Staff noted that Condltlon #4.A. has been accompllshed by the Clty and can be deleted: 4. The appllcant shall comply wlth the Clty Englneer's recommendatlons as follows: A. Remove the eXlsting lSland/ralsed medlan (approxlmately 4' x 11') on the north slde of Rossmoor Center Way and Seal Beach Boulevard. The Cornrnlsslon's concern regardlng lf the access to Rossmoor Way was ever ellmlnated permanently what would happened? The property owner wlll corne In wlth a development plan at some tlme, the gas statlon eXlsts, there is an access there. The Cornrnlsslon can be assured that the new Plannlng Dlrector wlll be very aware of that access pOlnt and wlll preserve 1 t as good planning practlce. e e Page 4 - P1ann1ng Comm1SS10n M1nutes of July 5, 1989 Chairman Sharp noted 1t would be a real hardsh1p on the bus1nesses 1f that access were to be closed because southbound cars could not get to the Sav1ngs & Loan that 1S serviced by that street. Staff sa1d that because a s1gnal 11ght 1S there the property owner would most 11ke1y develop someth1ng at that end that 1S des1gned around the s1gnal 11ght so they don't have to pay to remove 1t. Mr. F1fe asked 1f B1Xby restr1cted access to the two eX1st1ng entr1es 1nto th1s property 1S 1t possible to access the property V1a the dr1veway? Does the carwash absolutely depend on access from Rossmoor Center Way? Staff said 1t appears that way. Pub11C Hear1ng Opened Br1an Rechste1ner * 9891 V1cksburg. Hunt1ngton Beach Mr. Rechste1ner, represent1ng Mob11 011, stated the carwash does not depend only on those two dr1veways. If those dr1veways were removed Mob1l 011 operate off Seal Beach Blvd. There 1S enough room (at the most southerly 1s1and) for a car to park and another car to dr1ve around. The pay telephone booth will be e1ther removed completely or relocated. - Mob11 011 has a 11cense agreement but 1t can be terminated at B1Xby's w111. That is the problem w1th Condit10n #10 ... they w111 not g1ve Mob1l an easement agreement. Regard1ng Cond1tion #14, Mob11 011 feels this 1S between the alarm company and the franchised owner. would l1ke th1s removed: a d1spute Mob11 011 14. Pr10r to the 1ssuance of any perm1ts, the app11cant shall br1ng current any outstand1ng fees for C1ty serv1ces, expressly related to the city's Alarm Ord1nance. Staff adv1sed Mr. Rechste1ner to adv1se the dealer to pay the mon1es owed to the C1ty Po11ce Department. The Po11ce Department w1l1 g1ve the Plann1ng Department a copy of that rece1pt. Cond1t10n #14 will be removed upon payment. James Walker * 3562 Ke~pton Dr1ve. Los Alam1tos Mr. Walker sa1d he opposed Mob11 011's reconstruct10n and entered a letter for the Record (attached). He sa1d he has never rece1ved a not1ce before th1s C1ty notice (rece1ved 7/23/89). e Mr. F1fe asked 1f the var10US agencys that were 100k1ng to the applicant to get letters of non-obJect10n ... procedurally are they requ1red to act? Are they mandated to reply? Ms. Massa- Lav1tt sa1d they are not. If they don't, they are unenforceable cond1tions. The necessary perm1ts that the app11cant w111 . e e -- Page 5 - Plann1ng Comm1SS1on M1nutes of July 5, 1989 requ1re he w111 have to obta1n before he starts construct1on. Th1S 1S from the C1ty of Seal Beach, A1r Qual1ty Management D1str1ct (AQMD), Water Resources and other agenc1es as well. MOTION by Rullo to approve Condltl.Onal Use Permlt 6-89 through the adoptl.on of Resolution No. 1546. COndl.tlon #14 wl.II be removed upon prOOf/receipt of payment to Development Servl.CeSi SECOND by Fl.fe. MOTION CARRIED 4-0 AYES: Rullo, Flfe, Suggs, Sharp ABSENT: Jessner SCHEDULED MATTERS There were no scheduled matters. ORAL COMMUNICATIONS FROM THE AUDIENCE There were no oral commun1cations. STAFF CONCERNS There were no staff concerns. The Tentat1ve Tract Map for the Hellman/Mola proJect wll1 be seen by the Plannlng Comm1SS1on at 1tS July 19, 1989 meeting. COMMISSION CONCERNS Cha1rman Sharp noted that the C1ty Counc11 has not yet f11led the Plann1ng Comm1SS1oner vacanC1es of Mr. Jessner and h1mself. Unt11 they take some act10n elect10ns of Planning Comm1SS1on offlcers w111 be held over. ADJOURNMENT Cha1rman Sharp adJourned the meet1ng at 8:30 p.m. Respectfully Subm1tted, C) O~ ~~_.-. Joan F11lmann Secretary Department of Development SerV1ces THESE MINUTES ARE TENTATIVE AND ARE SUBJECT TO THE APPROVAL OF THE PLANNING COMMISSION. * * * The M1nutes of the July 5, 1989 Plann~ Comm1SS1on approved by the Plann1ng Comm1SS1on onULA~,at :2rJ meet1ng were 1989~