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HomeMy WebLinkAboutPC Min 1991-12-18 e e e ~ I. II. III. CITY OF SEAL BEACH PLANNING COMMISSION AGENDA DECEMBER 18, 1991 7:30 p.m. in City Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL CONSENT CALENDAR 1. Approval of December 4, 1991 Minutes 2. Minor Plan Review #19-91 1101 Pacific Coast Highway Applicant: Envipco California Request: To Place 2nd Generation Multi-Unit Reverse Vending Machine by Pavilions store. IV. SCHEDULED MATTERS V. VI. VII. VIII. IX. 3. Conditional Use Permit #12-91 1120 Central Avenue Resolution No. 1649 (Commission Review) PUBLIC HEARINGS 4. Conditional Use Permit #12-90 500 Pacific Coast Highway Applicant: David Bonadonna Request:On-sale general liquor renewal for Bonadonna's Restaurant. Resolution No. 1655 5. Negative Declaration 191-8 Applicant: City of Seal Beach Request: Approve Negative Declaration #91-8, relating to the Source Reduction and Recycling Element and the Household Hazardous Waste Element. 6. Study Session: Additions and Remodel of Non- conforming Residential Structures. ORAL COMMUNICATIONS STAFF CONCERNS COMMISSION CONCERNS ADJOURNMENT e e e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF DECEMBER 18, 1991 The regularly scheduled Planning commission meeting of December 18, 1991 was called to order in City Council Chambers at 7:30 p.m. by Chairman Fife. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Sharp. ROLL C}. T.T. Present: Chairman Fife Commissioner Dahlman, Law, Orsini, Sharp Also Present: Director of Development Services Staff: Lee whittenberg, Director Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary CONSENT C}. T .F.tIDAR 1. APPROVAL OF DECEMBER 4, 1991 MINUTES MOTION by Dahlman; SECOND by Orsini to approve the Planning commission Minutes of December 4, 1991 with the following three changes: (1) Page 1: Correct the vote on the approval of the November 20, 1991 Minutes to 3 - 0 - 2; (2) Page 4, line 22, change "it" to "in"; (3) Page 7, line 41, delete "has" to read "... the commission came up ...". MOTION CARRIED: AYES: ABSTAIN: 4 - 0 - 1 DAHLMAN, ORSINI, LAW, FIFE SHARP *** 2. MINOR PLAN REVIEW #19-91 1101 PACIFIC COAST HIGHWAY Staff Report Mr. Curt1s delivered the staff report. [Staff report on file in the Planning Department]. The applicant, Envipco California, requests replacement of the exist1ng reverse vending machines with new, larger reverse vending machines. The proposed machines will incorporate the storage of glass bottles, cans and plastic bottles with the reverse vending machines, in conjunction with which the existing storage containers located off Bolsa Avenue will be removed. Staff's primary concern is the color scheme. The blue, green and white stripes, which are the Envipco company colors, do not blend with the existing white color of the Vons Pavilion building. Staff recommends approval with four Conditions of Approval outlined in the staff report. Page 2 - P~annin9 Commission Minutes of December ~8, ~99~ e Commission Concerns The Commission expressed the following concerns: People using these machines for disposing of toxic waste materials such as insecticides; The machines obstructing pedestrian and vehicular circulation. Why the new machine panels could not be ordered in a more 1ntegrating color scheme. staff explained the new machines will not obstruct vehicular traffic because they will be the same width as the existing machines but w111 be moved to the other side of the entrance where the shopping carts are currently stored. The machine depth leaves 10' or 15' to spare at the sidewalk for walking. Goldie Elmor~ * 2650 HarIa Ave.. #AI04. Costa Mesa. CA Ms. Elmore explained she is the state Municipal Relations representative for Envipco. e Ms. Elmore explained Envipco's color scheme is blue, green and white and the panels have already been made at their headquarters in Fairfax, VA. The Commission asked who Envipco had contracted with and contacted regarding this project. Ms. Elmore explained Envipco contracted W1 th Von' s Grocery Company. She also spoke with the property owner's to whom she provided site plans and photographs. Regarding pest1cides being put into the machines, Mr. Elmore explained the machines only accept containers carrying the California redemption bar code. There is a laser eye that reads the label on the bottle or the can. There is a receptacle tray at the bottom of each machine to contain spills inside the machines. Regarding pickup, Ms. Elmore explained the vending machines will be emptied each Monday and Friday by a vacuum truck. The times will be coordinated with the City. Envipco California has started their own transport company to pickup the aluminum, separated glass and plastic. Regarding the small 4'x 4' bin at the rear of the Von's bU1ld1ng, that's for whole glass and will hold imported or unusual bottles having redemption value for which the vending machine cannot read the bar code. The contractor, Circo Glass, will pick that up once a month depending on how much whole glass that store receives. e Page 3 - P1annlnq Commission Kinutes of December 18, 1991 e The Commission felt the pick-up figures for cans by ton at Vons Pavlllon were impressive. Ms. Elmore said the new machines are faster and will take ln more cans per month. The Commission discussed the machines creating congestion if placed under the canopy directly ln front of Von's main entry doors. Having these machines against the wall between Vons and Savon would interfere with a bench at that point. The Commission asked why the new machines were not being placed where the current machines are now? Mr. curtis said because of the size of the new machines, which are half the width of the existing shopping carts which are stored there now. The Commission felt staff should have the shopping center relocate the bench rather than remove it. The Commission wants staff to be certain these machines do not obstruct pedestrian and vehicular circulation on this sidewalk. Commissioner orsini suggested continuing this item to allow staff to check on that bench, its purpose and possible congestion problem. e Commissioner Sharp said he felt the shopping center management has worked that situation out since they have agreed to this application. Ms. Elmore assured the Commission Envipco has dealt with the property manager and the property owner and they have both approved this project. Envipco has named Vons an additional insured. Also, Vons store personnel will check the vicinity of the machines for broken glass, leaks, etc. Chairman Fife asked of these machines are secured agalnst earthquake movement? Mr. whittenberg said these machines are classified as a piece of equipment and have to meet all the Uniform Building Code requirements for stability. MOTION by Sharp; SECOND by Dahlman to approve Minor Plan Review #19-91 at 1101 Pacific Coast Highway with the provision to direct Planning Department staff to be certain the machines do not obstruct pedestrian and vehicular traffic and the current bench. MOTION CARRIED: AYES: 5 - 0 - 0 SHARP, DAHLMAN, FIFE, LAW 1 ORSINI *** SCHEDULED MATTERS 3. Conditional Use Permit #12-90 1120 Central Avenue, Seal Beach Resolution No. 1649 e Staff Report Mr. Whittenberg presented the staff report. (Staff report on file in the Planning Department). This item was heard by the Commission on september 4, November 6 and December 4, 1991. Staff prepared e e e Page 4 - P1anning Commission xinutes of December 18, 1991 two resolutions for Commission review --- one for approval of the project with conditlons and one to deny the request entirely. commissioner Dahlman said he wanted to hear from the applicant even though this is not a Public Hearing. Mr. Stark indicated he did not wish to say anything. MOTION by Fife; SECOND by Law to approve Attachment 0, Resolution No. 1651, denying Conditional Use Permit #12-91, as an accurate reflection of the Planning commission's previous action. MOTION CARRIED: AYES: NOES: 4 - 0 - 1 FIFE, LAW, DAHLMAN, SHARP ORSINI *** PUBLIC HEARINGS 1. Conditional Use Permit 12-90 500 Pacific Coast Highway, suite 104 Bonadonna's Restaurant Resolution No. 1655 Staff Report Mr. Whittenberg delivered the staff report. (Staff report on file in the Planning Department). The applicant, David Bonadonna, is requesting an indefinite extension of CUP #12-90, for an on-sale general liquor license in conjunction with an existing restaurant (Bonadonna's) at 500 Pacific Coast Highway, suite 104. Mr. Whittenberg stated Mr. curtis was presently verifying the alcoholic beverage sign in the window has been removed. That was the only i tern of non-compliance with the previous conditions. Staff recommended two options: (1) indefinite approval of the ABC license or (2) additional Commission review in one year because of the liquor sign in window. Mr. Curtls verified the sign has been removed. commission Comments The Commission discussed their exasperation at liquor sales establishments who continually defy their CUP Conditions of Approval by placing alcoholic beverage sale signs in their windows. As possible solutions the Commission suggested annual Commission review of all establishments, thirty-day suspensions of CUPs and fines. Staff explained the Clty has some legal pre-existing businesses not subject to certain requirements because they are "grand fathered in" and don't have to obtain a CUP. The recent Zoning Text Amendment will change the requirements for them, requiring them wi thin a six months time period, to apply for a CUP. Once that ZTA . e e Page ~ - P~anning commission Minutes of December 18, 1991 is enforceable all the ABC licenses in the city will be operating under the same set of regulations. At that point it become much easier for the City to enforce because ,all liquor sales establishments will be subject to the same rules and regulations. Mr. Whittenberg explained the only financial penalty process available to the Cl ty is the court's misdemeanor process. The City has investigated an infraction process, similar to issuing a parking ticket, and the City Attorney's Office is working to complete this. Commissioner Dahlman said he had a significant problem with what is happening with this CUP. First, the applicant has been aware because item #4 of Resolution No. 1606, dated December 5, 1990, states clearly "There shall be no alcoholic beverages advertised in the window areas". He said "I find it ludicrous and a mockery of what we're doing here that Mr. Curtis had to step out of the meeting tonight to go find out if the sign had actually been removed so that at the instant that this thing is extended, possibly indefinitely, that they are actually in compliance for some number of seconds or minutes ... I think that sending a letter is also ludicrous because here's a resolution of the Planning Commission, a Conditional Use Permit with some force of law, certainly more than the letter, that has been totally 19nored. This upsets me. I don't think that you give a slap on the wrist and then approve it indefinitely". Chairman Fife said his concern with annual reviews of ABC licenses is Planning Commission efficiency and workload. He felt the Planning Commission should eliminate Planning Commission review of routine matters. Agreeing with commissioner Dahlman's views, Chairman Fife suggested the Commission consider CUP #12-90 be approved for one year only and ask staff to consult with the City Attorney to determine whether the city can adopt a system whereby when a person violates the Conditions of Approval on a CUP he gets a letter which (1) imposes a minimum fine of $250 which must be paid within a finite time period (ten days for example) and the sign must be removed or (2) if either one of these things is not done, then the CUP should be revoked. He said staff time spent writing those letters should be recovered. The Commission faces a situation where there is no other punishment other than the supreme punishment which is difficult to justify administering. He felt the City needs some interim kinds of punishments where the City recovers its administrative costs invol ved. He said he was inclined not to give this applicant an indefinite extension, give them a year, let staff look that over with the City Attorney and come back with a recommendation for a better enforcement procedure on this than currently exists. Commissioner orsini suggested suspending Bonadonna's CUP for thirty days which would mean they could not sell liquor for thirty days. . e e Page 6 - P1anninq Commission Minutes of DeceMber 18, 1991 Mr. Whittenberg said revocation or suspend a CUP would require a separate Public Hearing. Chairman Fife said the Planning Commission has to do something besides telling an owner that if he doesn't take the alcohol advertising out of the windows the City will schedule a hearing because that isn't getting the job done --- the owner's all know and apparently don't care. He felt Commissioner Orsini's suggestion of suspension or revocation for thirty days might grab an owners attention. commissioner Dahlman was concerned that that would apply only to those business owners subject to CUP provisions and not those "grand fathered" In. Public Hearing Chairman Fife opened the Public Hearing. The applicant was not present. There being no persons wishing to speak either in favor or against Conditional Use Permit #12-90 the Public Hearing was closed. commission Comments MOTION by Sharp; SECOND by Orsini to extend Conditional Use Permit 112-90 for one year, through the adoption of Resolution No. 1655, subject to the ten (10) Conditions of Approval outlined in the staff report. MOTION CARRIED: AYES: 5 - 0 - 0 SHARP, ORSINI, FIFE, DAHLMAN, LAW Chairman Fife asked staff to send a letter to the present and soon- to-be Conditional Use Permit business owners. Mr. Whl ttenberg said Planning Department staff would like to wait until after the City Council has conducted their Public Hearings and adopted an Ordinance. At that time Planning Department staff will inform by letter the business operators of the new requirement to apply for a Conditional Use Permit and of the condition re signage. staff will present this letter to the Commission for review and approval prior to sending it out. *** 5. Negative Declaration 191-8 Source Reduction & Recycling Element and Household Hazardous Waste Element Approval or Denial through Minute Order staff Report Mr. Whittenberg delivered the staff report. [Staff report on file in the Planning Department]. The applicant, the City of Seal Beach, requests approval of Negative Declaration #91-8, relating to the Source Reduction and Recycling Element and the Household . e e Page 7 - P~anning Commission Minutes of DeceMber 18, 1991 Hazardous Waste Element. This Public Hearing is to receive public testimony regarding the proposed Negative Declaration #91-8. These two Elements are required by state law imposed on all cities and counties state-wide from 1989 legislation. Negative Declaration #91-8 evaluates the potential environmental impacts and makes a determination that the adoption of these two Elements will not have an adverse impact on the City's environment. staff recommended approval to the City Council. The Council will consider the Negative Declaration and the actual contents of the two Elements and modify them if they determine that's necessary. The Commission's two-fold purpose tonight is to recelve publlC testimony on the two Elements and the Negative Declaration. Then the Commission must determine if the Negative Declaration is complete and provides the necessary information to justify approval of a Negative Declaration or if an Environmental Impact Report is necessary. staff recommended approval through Minute Order. commission Comments commissioner Dahlman said he was not sure the consultant, Kleinfelder, Inc., has worked closely with the City's Citizens Advisory Committee. He was told the citizens Advisory Commlttee has not seen the documents presented tonight and there's the potential for significant changes in the documents before the City Council considers them. Is there a time constraint for the Commission to approve the Negative Declaration? Mr. Whittenberg said the constraint is the Negative Declaration needs to be reviewed by the Planning commission prior to the City Council Public Hearing which has been scheduled for January 13th. So the Commission does not have another meeting before the Council meeting. There might be a State-mandated deadline for the adoption of the Elements; he would refer to Kleinfelder, Inc. Mr. Whittenberg sald it was his understanding the citizens Advisory Committee has met eleven times but he did not attend those meetings. He was not aware if they had received the actual final preliminary draft but they have seen sections of the document. Public Hearing Kristin Brane * Residence in La Verne.CA Kleinfelder. Inc. (Address: 1370 Valley vista. #150. Diamond Bar. CA 9],765. Ms. Brane introduced herself as a representative of Kleinfelder, Inc. Regarding state-mandated time constralnts to accomplish the whole program or any part of it by a particular date, she said the July 1, 1991 was up for extension and was tabled. It's been turned into a two-year bill. Each city is complying with the County and trying to get this to them by the first quarter of 1992. Page 8 - P~anning Commission Minutes of December 18, 1991 e Regarding Kleinfelder, Inc. meeting with the citizens Advisory Committee she said they have met once a month or every three weeks. The Committee was given certain sections to review and then at the next meeting they would turn those in with thelr comments. They would discuss any questions. They would then be given new sections to review for the next meeting. The final document was turned over to the City to get copies to all the Planning commission, city Council members and citizens Advisory Committee. The sections have undergone significant changes as a result of citizen input. The sections which are currently before the city are those sections which have been massaged and finalized as a result of that input process. The Citizens Advisory Committee was formed because the citizens know more about the City than Klelnfelder, Inc. Chairman Fife asked what the term "waste stream" means. Ms. Brane said the term "waste stream" includes all the different waste types that are put in trash cans --- there are 32 different types of plastics, papers, cans, food waste, green waste. e Chairman Fife noted Assembly Bill 939 talks about a 50% diversion that must be achieved by the year 2000 --- 8 years from now. He asked where the diverted waste goes? Ms. Brane explained the waste is salvaged rather than being dumped in a landfill. The contracted MURF is responsible for getting all the recyclable materials they pullout of the waste stream to the preferred market to get the best price and to get as much of the quantity they can get back into being produced as new product. Chairman Fife asked what were the distinguishing factors between diversion and salvage from source reduction. Ms. Brane explained source reduction is the active waste management before these materials enter the waste stream. For example, photocopying on two sides of the paper is source reduction because it cuts the amount of paper used. e Chairman Fife asked if the ultimate enforcement of the changes in the way businesses conduct their operations repose in AB 939 at the state level? Ms. Brane said no, it's at the City level, the local level. She said it was part of the City's plan to have this implemented by 1995. Kleinfelder, Inc. will be available to help the City work on the Ordinances. Ms. Brane said based on the waste generation study done by the County's consultant the city has a current diversion of 6.2% of its total waste stream. The City's generation waste stream tons per year is 46,000 tons for 1990. From this time to 1995 this figure must be brought up to 25%. Ms. Brane explained the consultant went out to landfills, sorted through all the trash and put it into all the different waste types and weighed it. They counted each city for the trash they were generating. They made a vast survey by telephone and mail outs. Mr. Whittenberg said there are two Page 9 - Planning commission Minutes of December 18, 1991 e different thresholds --- one is a 25% reduction by 1995 and then 50% by the year 2000. Mario Voce * 730 Catalina. Seal Beach Mr. Voce encouraged people to recycle before it's mandated. He noted the things we throwaway as garbage is physical pollution or solid pollution, which he has seen wash up on our beaches. He suggested trying to prevent trash from occurring by selecting items packaged for direct recycling or having minimal packaging. He encouraged the people and businesses in the community to use non- recyclable items. He said the disposal businesses would try to influence our decision-making abilities to favor themselves rather than the City or the environmental cause in general. commissioner orsini asked who picked up toxic waste, like old paint cans? Mr. Whittenberg said Orange County provldes that service. The closest center is Huntington Beach. The Public Hearing was closed. MOTION by Sharp; SECOND by Orsini to approve Negative Declaration #91-8. . MOTION CARRIED: AYES: 5 - 0 - 0 SHARP, ORSINI, LAW, FIFE, DAHLMAN *** 6. Study Session Addi tions and Remodel of Non-Conforming Residential Structures e Staff Report Mr. Whittenberg presented the staff report. [Staff report on flle in the Planning Department]. Mr. Whittenberg noted the Planning Commission had dealt with thlS issue extensively in late 1990 through early 1991. Staff has had time to digest comments from the earlier study sessions and now presents two alternative proposals for QQQg modifications. The two proposals provide for additional requirements for expanslon of non-conforming residential uses that currently do not comply with parking requirements. In May 1991 staff's proposal indicated a maximum square footage of 400 square feet that could be added to any structure. The second proposal, based on Commission and public comments, places a cap of 100 square feet per livlng unit of additional living area with a provision that the property must provide at least one off-street parking space per unit. Mr. Whittenberg explained the Commission has four alternative directions at this time: (1) receive and file the report indicating the Commission does not want to pursue the issue further and leave the ~ with the existing requirements; ( 2 ) instruct staff to research additional areas of concern to the Commission; (3) accept the report and request a joint study session e e e Page 10 - P~annin9 Commission Kinutea of December 18, 1991 with the City Council and schedule Public Hearings to follow; (4) to skip the ]Olnt study seSSlon with the Council and instruct staff to schedule Public Hearings. commission Comments commissioner orsini stated the Planning Commission should have a joint study session with the City Council with Public Hearings to follow. Chairman Fife asked if it would be possible to have a jOlnt study session and have staff prepare a report on whether a new third story should be allowed for those properties which are permitted a third story? MOTION by Sharp; SECOND by Orsini to direct Planning Department staff to prepare a report to the City Council for their meeting of January 13, 1992 requesting a joint study session be scheduled. Staff is to report back to the Commission when a date has been determined. In addition, staff will prepare a report on the third story issue. MOTION CARRIED: AYES: 5 - 0 - 0 SHARP, ORSINI, DAHLMAN, FIFE, LAW *** ORAL COMMUNICATIONS There were no oral communications. STAFF CONCERNS Staff presented two reports brought up at the last Commisslon meeting: Front Yard Setback at 114 First Street. [Staff report on file in the Planning Department]. It was stated Bruce Stark had accused Don Cox of not providing the required front yard setback at 114 First street. Staff was to check and verlfy. Mr. Curtis reported the ~ requires a 12' average front setback with a 6' minimum. Staff calculations find the front setback exceeds the minimum 12' average by approximately 14 square feet. 136 Main Street - Hennessey's Tavern In-Lieu Parking [Staff report on file in the Planning Department]. At the time the project was approved everything was in compliance with the exception of the small storage sheds placed between the buildings and the tandem parking spaces. Once the sheds are removed the tandem spaces will be located correctly comply with the Conditions of Approval. The City is e e e paqe 11 - P1anninq Commission Minutes of Dac.~er 18, 1991 developing a traffic impact fee. This would eventually allow the City to collect additional revenues as part of a building permit issuance for new construction. The final report should go to the City Council in February or March for final consideration. The City cannot request that type of parklng mi tigation fee except for Conditional Use Permit applications. MOTION by Sharp; SECOND by Orsini to receive and file this report on Hennessey's in-lieu parking. And instruct staff to proceed with the ~ enforcement for removal of the two sheds, reinstallation of the "restaurant parking" sign, have the tandem lot re-striped to show six tandem spaces, and to require the construction of a trash enclosure are the rear of the site per city Council Resolution No. 3438. MOTION CARRIED: AYES: 5 - 0 - 0 SHARP, ORSINI, FIFE, LAW, DAHLMAN *** Mr. Whittenberg said the Commission's regularly scheduled meeting date would be January 1st. There is nothing scheduled for that date. MOTION by Sharp; SECOND by Orsini to disband the Planning commission meeting of January 1, 1992 and resume again at the regularly scheduled meeting of January 15, 1992. MOTION CARRIED: AYES: 5 - 0 - 0 SHARP, ORSINI, LAW, D.AHLMAN, FIFE COMMISSION COMMENTS commissioner Sharp said he resented Bruce Stark's implication at the December 9, 1991 City Council meeting that he, Jim sharp and city Council member Edna Wilson were paid to attend a Coastal Commission hearing in San Diego regarding Jim Watson's project on Pacific Coast Highway. Commissioner Sharp said he cleared his attendance with the Seal Beach City Manager and Planning Department before attending. He testified at that hearlng as a Planning Commissioner. He said 44 people from Seal Beach made the trip to San Diego to speak before the Coastal Commission. The vote was 8 - 2 to grant Mr. Watson's request over the Coastal Commission's staff recommendation the site remain commercial. Their staff contended the City of Seal Beach had a loss of commercial property on Paclfic Coast Highway when actually the development of Zoeter Place had been a gain. e e -- PaqG 12 - P1annlng commission Minutes of DeceMber 18, 1991 ADJOURNMENT Chairman Fife adjourned the meeting at 9:32 p.m. Respectfully Submitted, ~ ~an Fillmann Recordlng Secretary *** These Mlnutes are tentative and subject to Planning Commission approval. *** The Planning ~o~misslon Minutes of December 18, 1991 were approved on January ~ , 1992.*