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HomeMy WebLinkAboutPC Min 1991-08-21 . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF AUGUST 21, 1991 The regularly scheduled Planning Commlssion meeting of August 21, 1991 was called to order at 7:30 p.m. in City Council Chambers by Chalrman Fife. PLEDGE OF ALLEGIANCE Commissioner Dahlman led the Pledge of Allegiance. ROLL CALL Present: Chairman Flfe Commissloners Orsini, Law, Sharp, Dahlman Also Present: Michael Colantuono, Esq., City Attorney's Office Staff Present: Department of Development Services: Barry Curtis, Administrative Assistant Joan Fillmann, Executlve Secretary RESOLUTION No. 1645 * HONORING HOWARD McCURDY Chairman Fife read Resolution No. 1645 honoring Howard McCurdy for his service on the Planning Commission. CONSENT CALENDAR 1. APPROVAL OF AUGUST 7, 1991 PLANNING COMMISSION MINUTES MOTION by Sharp; SECOND by Dahlman to approve the Planning CODlDllssion Minutes of August 7, 1991 with the following corrections: Page 10: Line 44, add "were" to read" correct". contentions were Line 11: Line 13, add "he", "justifiably", and "than" to read "... reluctance, he cannot", "... applicant justifiably feels shortchanged ...", "... his lot than the average ...". MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Dahlman, Orsini, Law, Fife Charles Antos * 328 17th Street. Seal Beach - Said he wanted to speak about the Minutes and to suggest corrections to them. Mr. Antos said his name had been used in reference to 223 Seal Beach Boulevard and since it was said it might as well be put in the Mlnutes. . . . Page 2 - Planning Commlssion Minutes of August 21, 1991 Chairman Fife suggested adding the sentence: "Chairman Fife indicated it was his understanding that the appeal to the City Council was filed by Charles Antos." To be added after the sentence "Yet someone who is renting can throw a monkey wrench in it". Commissloner Sharp, maker of the Motion, agreed to adding this additional verbiage to his motion. commissioner Dahlman agreed as the Second. *** SCHEDULED HATTERS 2. REPORT: IN-LIEU PARKING FEES/WALT's WHARF staff Report Mr. Curtls dellvered the staff report. the Planning Department]. [staff report on file in Commission Comments The Commission asked if any interest was due on the Walt's Wharf account? Mr. Curtls advised staff was not asking for lnterest at this time. Commissioner Sharp asked the Commlssioners be provlded a copy of an In-Lieu Parking Agreement. Mr. Curtis said copies will be provided. He added the Agreement has changed slightly over the years, the last one being issued in 1989. The Commlsslon discussed monthly payments versus an annual lump sum payment of in-lieu parking fees. Mr. curtis said merchants required to pay In-lieu parking fees are billed the first of July for the upcomlng fiscal year. Commissioner Sharp felt those merchants should be allowed to pay ln monthly lnstallments since they are paying in advance. Chairman Fife said monthly payments would cause extra work for the Finance Department. Commissioner orsini said the City of Laguna Beach charges $2000 per in-lieu parking space and these In-Iieu fees must be paid in advance at the beginning of the year. The City of Seal Beach has the lowest in- lleu parking fees at $100 per space of the Orange County cities. The Commission received and filed this staff report. *** 2. POLICE DEPARTMENT TICKETING AT McGAUGH SCHOOL Staff Report Mr. Curtls dellvered the staff report. the Plannlng Department]. [Staff report on file ln . . . Page 3 - Plannlng CommlSSlon Minutes of August 21, 1991 commission Comments The Commission inquired if Sergeant Zanone lndicated whether the Police Department applies the same rules to non-church activltles when the lot is llkely to be crowded? Mr. curtis advised that Sergeant Zanone had lndlcated it is not a Sunday morning only practice. The incidence of problems is highest during the church services. commissioner Orslni sald he talked to the Pollce Department about who gave the Pollce Department authority to ticket on a private lot. He was told the Los Alamitos School District gave the Seal Beach Police Department the authority to ticket at McGaugh School. Commissioner Dahlman said that lf there were a quota for ticketing in the Police Department lt would be known to go to McGaugh School every Sunday morning because there are a lot of cars there; he was glad there is no ticketing quota in Seal Beach. Chalrman Fife asked who paid for the restriping of the McGaugh School parking lot to delineate between the parking lot and sidewalk? Mr. Curtls said Sergeant Zanone indicated the Cl ty requested the lot be restriped and the School Distrlct performed the restriping. Mr. curtis wll1 check lnto this further and report back to the Commlssion. The Commisslon received and filed this staff report. *** 4. REPORT: FOOD MARTS/SERVICE STATIONS Staff Report Mr. curtis delivered the staff report. the Planning Department]. [Staff report on file ln commission Comments Commissioner Dahlman felt mlni markets were clearly prohibited by the municipal Code because the Code sets forth what is permitted. Reasoning that because you are not allowed to use alcohol in your car, the sale of alcohol would be prohibited at gasoline service stations. Mr. Curtis stated the Code is ambiguous on what an "incidental motorist service and product" is. commissioner Dahlman fel t the present Code was working well. Commissioner Dahlman explained he was concerned loopholes could be created by changlng the present laws. Commissloner Dahlman asked for the City Attorney's position on this issue. Mr. Colantuono said municipal Code Sections 28-2318 and 28- 271 apply to this situation. Section 28-271 defines a service statlon: . Page 4 - Plannlng Commission Minutes of August 21, 1991 section 28-271 Automotlve SerVlce station means a retail place of business engaged primarily in the sale of motor fuels and applying only to those parts and incidentals relating to operation of automobiles. Beverages, candy and food machines may be permitted an an automobile service statlon. . section 28-2318 Uses Permitted at an Automobile SerVlce station. An automobile service station shall be a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required ln operation and maintenance of automobile vehicles and fulfilling of motorist's automotive needs. These may lnclude sale of petroleum products, sale of servlclng of tires, batteries, automotlve accessories and replacement items, washlng and lubrication service, performance of mlnor automotive maintenance and repair and the SupplYlng of other incidental motorists services and products. Major automotive repairs, painting, body and fender work and any other use permitted in the zone lS prohibited. Only vehicles being servlced, stored upon the site, wrecked or dismantled vehlcles shall be removed from the slte within 48 hours. Mr. Colantuono said the simple definition of "incldental motorlst services" applies only to those consumer products which are directly and loglcally related to the operation of the motor vehicles but is harder to hang onto because the definition refers to candy, gum and food machines. There lS a range of reasonable Code interpretations and the selection of WhlCh of those interpretations is a question for policy makers --- the Commisslon, the Councll and staff. If there is a sense that it is hard to avoid making subjective choices about what people can do and the POllCY makers would be comforted by a more articulate standard there is no reason not to adopt one. The ordinance will have to make clear that it is intended to clarify existing Cl ty Codes rather than to adopt new Codes so lt doesn't fall outside the 'grandfather' clause (pre-August 1985). The law wlll not requlre the City to use anyone of the reasonable interpretations as long as it lS supportable on the text. Chairman Fife said ln his interpretation of Sectlon 28-271 lt does not say the sale of candy, beverages and food machines "shall be permitted", lt suggests a service statlon owner would have to come before a discretlonary body for permlsslon to put in certain machines and obtain permlts for them. Secondly, he questioned that as that expands to food-holding racks, does the service station have to come before a discretlonary body? Chairman Flfe asked staff where did the abatement process of the mini mart on Seal . . . . Page 5 - Planning Commission Minutes of August 21, 1991 Beach Boulevard wind up? Mr. curtis said he did not work on that proJect but would contact the City Attorney's Office to get that information and report back to the Commission. Commiss1oner Sharp sa1d the Arco Station at 5th Street and Pac1fic Coast Highway requested an off-sale beer and wine license in a mini mart and was turned down by the Planning Commission. Commissioner Sharp felt clar1fication on what a mini mart is and if the Commission w1ll allow them is mandatory because one mini mart went in without the Plann1ng Commission's knowing about it at 2950 Westm1nster Boulevard. The Commission indicated the statement "automotive needs" focuses on the needs of the vehicle itself and not the people who would be r1ding in the vehicle. But" incidental motor1st's service and products" opens up the way for Twinkies and cold milk; this must be clar1fied. MOTION by Sharp; SECOND by Dahlman to ask for city Council approval for the Planning Commission to proceed with attempting to clarify "incidental motorist's service and products". MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Dahlman, Fife, Law, Orsini *** PUBLIC HEARING 5. STUDY SESSION CITY ATTORNEY'S OFFICE PRESENTS "PLANNING COMMISSION ORIENTATION" Michael Colantuono, Esg. * Law Off ices of R1chards. Watson & Gershon Mr. Colantuono presented a two-hour study session for the Planning Commission covering nine topics: Structure of California Land Use Law The Brown Act Procedures for Conducting Hearings Before the Commission Findings Made by the Commission Conf11ct of Interest Bias California EnV1ronmental Quality Act Permit Streamlining Act Circumstances Where Officers of the City Can Be Held Personally Liable. Cha1rman Fife called a recess; 9:28 p.m. to 9:40 p.m. . Page 6 - Planning Commission Minutes of August 21, 1991 ORAL COMMUNICATIONS Charles Antos * 328 17th street. Seal Beach Mr. Antos said he felt Mr. Colantuono's presentation was very good and felt it would be good to have a similar presentation for the City Council to participate in. Regarding min1 marts and gasol1ne service stations, he suggested the Commission should, by resolution, use the clarification of ambiguity sect10n in the Code to adopt the contents of the staff report by resolut1on to rule until something else comes up rather than trying to cover every permitted/non-permitted use. Mr. Antos talked about the Plann1ng Commission meeting of August 7, 1991. He sa1d you do not have to be a property owner to have rights. He said the Planning Commission and City Council should not make publ1C statements ind1cating th1ngs said by property owners should carry more weight nor discount what renters say. Mr. Antos took out a tape recorder and played a segment of the August 7th Planning Commission meeting wh1ch is covered in pages 13 and 14 of the Minutes of that meeting. . The Comm1ss1on ind1cated to Mr. Antos that they said he prosecuted the appeal of the trailer at 223 Seal Beach Boulevard, that they were surpr1sed at the swiftness with which the C1ty Council overturned the Planning Commiss1on decis10n [to allow one year for the trailer to rema1n while the rezon1ng of Seal Beach Boulevard was an on-going Commiss1on matter]. They were further surprised that the testimony of the people most directly affected, the adjacent property owners, seemed to count for nothing in the Counc11's dec1s1on. Mr. Antos sa1d the testimony at the appeal, includ1ng the City Attorney, dealt with the way the trailer was approved. At no time did the Commission comment or rule that the staff was in error in determining that there was a violation, it chose to not prosecute the v1olation. He sa1d that was not W1 thin their purview under the zoning ordinance; the City Attorney agreed. He said the C1 ty cannot 19nore a violation. The Comm1SS1on defended its position and clarified for Mr. Antos that they felt renters and property owners have equal stand1ng. Riva Olsen * No Address Given. Seal Beach Ms. Olsen said she felt renters' opinions should be equal to property owner's opin1ons. She felt it would have been diff1cult for the City Council to approve a definite Code violation for 223 Seal Beach Boulevard. Ms. Olsen said there was a lot of publ1C testimony at the City Counc11 meeting regarding the appeal against the trailer from people who live in Seal Beach. Commiss1oner OrS1n1 discussed consistency, ind1cating the observadome on Sandp1per Drive and the deck encroachment on Crestview Avenue have . . . . Page 7 - Planning CommlSSlon Minutes of August 21, 1991 months to correct thelr Code violations and yet the trailer on Seal Beach Blvd. must be corrected lmmediately; all people should get the same amount of tlme to correct Code violations. Commissioner Dahlman told Ms. Olsen the issue of 'special privllege' relates to a Variance and the Planning Commisslon denied the Variance for 223 Seal Beach Blvd. with a relatively soft lmplementatlon due to the rezoning in progress. Ms. Olsen stated she was not criticizing the Plannlng Commission for their decision but for their criticism of the City Council, noting the Council had different information than the Commission dld. Commissloner Dahlman said the Commission was not criticizlng the Council but rather the Commission was commenting on their view of the Council's action on the appeal. He explained the property owner with an illegal dome has two years to take it down, yet the property owner wlth the trailer must remove it immediately; the Commission is confused on the consistency issue. Commlssioner Sharp noted that critlcism is an important fact of 11fe. Chalrman Fife commented that when comparing municipal Code violations confusion on consistency surfaces. The property owner at 223 Seal Beach Blvd. acted in good faith on the word of then- Planning Director John Baucke; his approval of the trailer has been falrly well established. That Code violatlon must be corrected immediately. Conversely, another homeowner started buildlng without permlts, was told by the Building Department to stop work because of not having permits and that homeowner kept building. That homeowner gets two years to deal with his munlcipal Code violation. Marle Antos * 328 17th Street. Seal Beach Mrs. Antos said she filed the original complaint one year ago against the trailer at 223 Seal Beach Boulevard. It has been one year before any action was taken. She hoped the Commission would change the Minutes to reflect her husband's comments. She stated she felt Seretta Fieldlng, property owner at 223 Seal Beach Boulevard, had received a special privilege allowing her trailer to remaln at the rear of her property that has gone on eight years. Mrs. Antos said that during the City Council campalgn when her husband was running for City Council area residents wanted the trailer removed and telephoned her and asked her to help wlth this. Mrs. Antos said she knew about a lot of Code violations in town and was gOlng to report more of them. She said she and her husband don't I ike Jim Watson's pro j ect for the current Rum Runner's property and they live right near it. STAFF CONCERNS Mr. Curtis asked the 1 tern "Wooden Decks Wl thin Front Yard Setbacks" be held over to the September 4th Planning Commission meeting to allow staff to take photographs of the existing wood decks in town. Mr. curtis sald he had talked to Bixby Ranch Co. about additlonal reflectors at the old Arco site. Ron Bradshaw said they will be . . . Page 8 - Plann1ng Commission Minutes of August 21, 1991 placed in immediately. Commiss10ner Sharp said the service station at that Sl te has been cleaned up beautifully by Ron Bradshaw's company. COMMISSION CONCERNS The Commission thanked M1ke Colantuono for a good presentation. Commissioner Law requested an additional audio tape be made for her of ton1ght's meeting. Comm1ss10ner Dahlman stated he wants to review the rev1sed plans for 125 Cottonwood. Comm1ss10ner Dahlman asked 1f there were a group of covered roof access structures not yet constructed but fully perm1tted which are going to slip through the cracks? Mr. Curtis said there were several which are 'grandfathered' in because they were in Building plancheck when the moratorium went into effect. All those CRAS have had building permits 1ssued, and must conform to the new standards. commissioner Dahlman compl1mented Director Whittenberg on his response to the draft Holly-seaclift EIR. Refinements to their plans could increase traffic. He congratulated staff for keeping on top of things. Chairman Fife read a note from Sue Corbin which she passed to the Chair at this meet1ng. [Attached to these Minutes for reference]. She requested the Record of this meet1ng be left open so she may submit a letter for inclus10n in the offic1al Record. Mr. Colantuono said the M1nutes are intended to be an appropriate record in the view of the Commission of the events that transpired this evening. It's inappropriate to record a letter that doesn't exist yet. Ms. Corb1n's concerns can be accommodated by extending her the priv1lege of including the letter of a subsequent meet1ng at which time the letter will be in existence. ADJOURNMENT Chairman Fife adjourned the meeting at 11:25 p.m. Respectfully Subm1tted, S\o~- Joan F1llmann Recordlng Secretary *** These Minutes are tentative and subject to the approval of the Plann1ng Commission. . . . Page 9 - Plannlng Commisslon Minutes of August 21, 1991 *** The Planning Commlssion Mlnutes of Augus~~21, 1991 were approved by the Planning Commlssion on September ~~1991. ~ ~. 1 -"', -- " -. , (Page 9 of 9 COUNCIL CONCERNS KK. Waste Management -'Mayor Laszlo LL. city Attorney Expenditures - Mayor Laszlo ORAL COMMUNICATIONS:At this time, members of the public may address the City council regarding any items within the subject matter jurisdiction of the Council provided that NO action may be taken on off- agenda items unless authorized by law. CLOSED SESSION ADJOURNMENT IT IS HEREBY CERTIFIED THAT THE SEAL BEACH CITY COUNCIL AGENDA FOR AUGUST 12, 1991 HAS BEEN POSTED FOR PUBLIC INFORMATION NO LATER THAN 5: 00 PM, AUGUST 9, 1991 AS REQUIRED BY STATE LAW. DATED THIS 9TH DAY, AUGUST,1991 . . , . 7 . . . ~ P-U-{1A).L ~ 0-~d ~ ~ Mc..~l O~.~, ~ "So L rver 'Sl-L8~ CA ~ ~~ ALurd. ~~ SUE &B~. ~ p~ Q,d-tJv- ,~y ~ ~SJ-~ ~d~ 1!eur' City of Seal Beach Planning Cornm\s:>10r' SUBlI.lTTED FOR RECORD B1 Sve COR@,;tJ_Date~~- 21- ~ ~