Loading...
HomeMy WebLinkAboutPC Min 1992-08-19 . . /J CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA AUGUST 19, 1992 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. CONSENT CALENDAR 1. Minutes of August 5, 1992 IV. SCHEDULED MATTERS 2. Staff Report: ABC Ucenses in City of Seal Beach Informational item for Planning Commission. v. PUBUC HEARINGS 3. Conditional Use Permit #92-6 Address: 115 Main Street * Taco Surf Applicant: Douglas A. Maris Owner: William W. Lescher Request: CUP for #41 ABC license. Resolution: #92-17 3. Zoning Text Amendment #92-.15 Applicant: City of Seal Beach Request: Multiple ZTA propositions to: 1. Prohibit exterior stairways at single family residences. 2. Establish setback requirements for detached accessory structures in residential zones. 3. Establish a definition of a "fence". . Page 2 - Planning Commission Minutes of August 19, 1992 Resolution: 4. Reconsider provIsions to the municipal Code permitting large family day care facilities In residential zones. #92-27 VI. ORAL COMMUNICATIONS VII. STAFF CONCERNS VIII. COMMISSION CONCERNS Dt ADJOURNMENT . . J . . . CITY OF SEAL BEACH PLANNING COMMISSION Agenda Forecast: SEP 09 CUPs #92-3 & #92-4 (Abboud/Oakwood Apartments) CUP #92-7 (Unocal/99 Marina/Reactivate 011 Dehydration Facility) SEP 23 CUP #14-91 (Spaghettini Rest./Entertainment) ZC #92-1 (1 Anderson Street/Jeff Overeem) OCT 07 CUP #16-91 (Noel's Restaurant/Entertainment) [Joan Fillmann - excused absence/vacation] OCT 21 NOV 04 CUP #15-91 (Cafe Lafayette/ABC renewal) NOV 18 CUP #17-91 (Pasta Grotto/ABC renewal) DEC 09 DEC 23 CUP #12-90 (Bonadonnas/ABC renewal) STAFF REPORTS PENDING: NOT AGENDIZED * CUP #92-1 for 909 Ocean/Tootsie's (May amend condition #16) * ZT A #92-2 for Entertainment Cafes (Pending City Manager's work on One (Day Permits) . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF AUGUST 19, 1992 The regularly scheduled Planning Commission meeting of August 19, 1992 was called to order by Chairman Fife at 7:30 p.m. in City Council Chambers. PLEDGE OF ALLEGIANCE Commissioner Law led the Pledge of Allegiance. ROLL CALL Present: Chairman Fife Commissioners Law, Sharp, Orsini Absent: Commissioner Dahlman MOTION by Sharp; SECOND by Law to excuse the absence of Commissioner Anton Dahlman who is on vacation. . MOTION CARRIED: AYES: ABSENT: 4-0-1 Fife, Law, Sharp, Orsini Dahlman CONSENT CALENDAR 1. Minutes of August 5, 1992 Chairman Fife had the following corrections: Page 3, last paragraph, change IIHe apologizedll to IIDr. O'Dell apologized. Page 6, first paragraph, change IIbid on the property ownerll to IIbid on the propertyll. Page 8, second to last paragraph, change lIat St. Cloud Drive and Spaghettini'sll to lIat St. Cloud Drive, near Spaghettini'sll. Add at end of final sentence '1urther along Seal Beach Boulevard towards St. Cloud Drivell. MOTION by Sharp; SECOND by Orsini to approve the Planning Commission Minutes of August 5, 1992 with corrections. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Orsini, Law, Fife Dahlman SCHEDULED MATTERS . There were no Scheduled Matters. . . . Page 2 - Planning Commission Minutes of August 19, 1992 PUBUC HEARINGS 2. Conditional Use Permit #92-6 115 Main Street * Taco Surf Restaurant Commissioner Abstention Commissioner Orsini declared a possible conflict of interest because he lives within 300 feet of 115 Main Street and he left the Council Chambers. Staff Report Mrs. Fillmann presented the staff report. [Staff report on file in the Planning Department]. The applicant, Douglas Marls, requested an after-the-fact Planning Commission review and approval of Conditional Use Permit #92-6, for an on-sale beer and wine license (#41) at 115 Main Street, Taco Surf restaurant. Commission Comments Chairman Fife asked if Taco Surf had removed the liquor signs from the front windows. Staff indicated yes. Chairman Fife asked how the restaurant wound up without a CUP? Staff explained the previous operation, Family Affair restaurant, had a non- transferrable CUP for a beer and wine (#41) license. When the Maris' bought the restaurant the previous CU P ceased. The City erroneously allowed the restaurant to open without catching the fact the Maris' did not have a CUP. Chairman Fife asked if the Old Town area is designated as an over- concentrated and high crime area? Staff said yes, by the State's definition. Chairman Fife asked if the ABC Is consistently imposing conditions in this area? Staff said yes. Mr. Whittenberg said Mrs. Fillmann has been working on a fairly detailed report which staff hopes to present to the Planning Commissioners within the next month. Commissioner Law asked about the landscaping requirement, stating this business should not be exempt. Mr. Whittenberg explained physically there is no way to provide landscaping on this property; this is true for many properties in the Old Town area. RECESS FOR TEN MINUTES to fix the public address system. Commissioner Law said if the word "exempf' were put in this application then other applicants would want to be exempt from the landscaping requirement also. Commissioner Sharp said the Commission has exempted . . . Page 3 - Planning Commission Minutes of August 19, 1992 other properties where physically the landscaping could not be provided. Mr. Whittenberg agreed, noting that on Main Street there are many 25' lots and the buildings are built to the property line. Commissioner Law asked about re-striping for meeting parking requirements. Mrs. Fillmann said the applicant would lose two parking spaces by re-strlping to the current required dimensions. He will be short sixteen (16) parking spaces. Commissioner Fife asked if staff had conditioned the payment of parking mitigation fees? Mr. Whittenberg said no because that's been a Commission determination on a case-by-case basis. Public Hearing Charlene Maris * 3762 Montego Drive. Huntington Beach. CA Mrs. Maris stated she has read staff's recommended conditions and findings and has no problems with them. Mrs. Maris said they understand that alcohol may have adverse Impacts to the City streets but people don't want to eat without the ability to order an alcoholic beverage. To pay the rent the restaurants have to be able to get the income. Mrs. Maris added they had two trees in front of Taco Surf but one died. The benches (at the front) are used by a lot of people as they walk along Main Street, not just by their customers. The benches are attached because the others were stolen. Mrs. Maris said It would not be a problem for her to contact the Engineering Department to get the proper City permits to put the benches there permanently. Commissioner Sharp explained the City regulation is there to keep people from putting almost anything on the sidewalks that could cause injury, and to standardize the looks. David Rosenman * 208 Eighth Street. Seal Beach. CA Mr. Rosenman asked if this CUP could be issued only to Douglas Maris and made non-transferrable? The Commission advised him that CUPs are not transferrable. No one wishing to speak further, either for or against this application, Chairman Fife closed the Public Hearing. Commission Comments Commissioner Sharp asked what the parking fees would be? Mr. Whittenberg said the report does not specify parking fees. The applicant Is not paying any parking fees now. Mr. Whittenberg said some restaurants are paying in-lieu fees, some are not paying any fees at all, and some are paying parking impact fees which are equivalent to in-lieu fees of $100 per . . . Page 4 - Planning Commission Minutes of August 19, 1992 delinquent space per year. Chairman Sharp asked staff if an ordinance could be prepared to bring all businesses up to the same standard, eliminating the inequity of some businesses paying parking fees and some not? Mr. Whittenberg said he would review this with the City Attorney's Office and report back to the Commission. Chairman Fife suggested, as condition #15, the applicant pay $100 per year per space for the sixteen (16) delinquent spaces and proposed, as condition #16, the applicant meet with the City's Engineering Department with respect to placement of the two benches and work out with that Department a mutually satisfactory solution. MonON by Sharp; SECOND by Law to approve Conditional Use Permit #92-6, through the adoption of Resolution No. 92-17 with the following two Conditions of Approval added: 1. $1,600 per year shall be paid by the applicant to the City of Seal Beach for parking mitigation fees. The site is delinquent sixteen (16) parking spaces. 2. The applicant is to meet with the City's Engineering Deparbnent with respect to the placement to two benches outside the Taco Surf restaurant MOTION CARRIED: AYES: ABSENT: 4-1-0 Sharp, Law, Fife, Orsini Dahlman Mrs. Maris asked the Commission is the parking mitigation fees are applicable for all businesses in the City or just for restaurant businesses? Chairman Fife said that as businesses have applied for CUPs, the Planning Commission has consistently required them to pay $100 per year per deficient parking space. The objective is to have all businesses coming before the Planning Commission paying the same. Commissioner Sharp said the fee has been for all businesses, not just restaurants. *** Commissioner Orsini returned to the Council Chambers. . . . Page 5 - Planning Commission Minutes of August 19, 1992 3. Zoning Text Amendment #92-6 Staff Report Mr. Curtis delivered the staff report. [Staff report on file In the Planning Department] . Commission Comments 1. Amend Sections 28-400, 28-700, 28-800 of the Code to prohibit exterior stairways at single family residences, when not required by the Uniform Building Code. 2. Establish specific setback requirements for non-habitable, detached accessory structures in residential zones. The Commission discussed the recommended five foot (5') setback from the rear property line. Commissioner Sharp spoke against the suggested five foot (5') setback. He said the 5' setback would be a place for trash to collect. Since this amendment pertains to only those properties backing up to a major arterial streets, he felt building to the property line would not effect the health, safety, welfare, acoustics or looks of any other owner's property. Commissioner Orsini expressed his concerns for excess lot coverage and the aesthetics of building without a 5' setback. He objected to the aesthetics of an eight foot wall with a twelve foot structure built against it. Chairman Fife suggested a five foot (5') unqualified setback, and when a property backs onto a public street they could build with less than the 5' setback subject to Commission approval. Mr. Curtis said the Commission could consider setting forth a certain percentage of the width of the property that the structure to take. Mr. Curtis said staff's recommendation for 5'setback from the rear property line is based on aesthetics, as a 5' setback from an 8' wall would severely restrict the view of a 12' structure. Mr. Curtis reminded the Commission these must be detached structures, they cannot be attached to the main structure at some future point. Lot coverage requirements would prevent many problems; these zones have a 45% lot coverage maximum. . . . Page 6 - Planning Commission Minutes of August 19, 1992 Chairman Fife asked the Commission how they would feel about (page 11) expanding Attachment B(2)(b) to IIRear Yard Abutting Street - or other public properties, such as a drainage ditch-? Commissioner Sharp said that should be included, noting properties along a drainage ditch could be in danger from transients and animals that use the ditch. Director Whittenberg urged the Commission to keep the issues of walls and detached accessory structures separated. Detached accessory structures may be a gazebo with a lattice work roof, a detached garage at the back of the property with a shingle or tile roof, a storage shed with a metal roof. Staff was suggesting the 5' setback from an aesthetic standpoint, so these structures are not right next to the property line, allowing a diversity of appearance. Major streets of the City provide an impression of the City as people drive through the community. Commissioner Sharp said he felt the Planning Commission directed staff to investigate and write an ordinance allowing for outdoor recreational facilities --- a gazeboes, or a structure over a swimming pool or barbecue, not a storage shed or a garage. Mr. Whittenberg said the way the amendment is proposed at this time Is it's for detached accessory structures which would be any type of a structure that's not a residence. Commissioners Sharp and Orsini suggested tightening the wording here, such as it's a detached accessory structure that's open on at least two sides. Chairman Fife asked about lot coverage requirements, asking if habitable and non-habitable space were included? Mr. Curtis said yes, lot coverage would include anything with a roof. Chairman Fife asked how koi ponds, waterfalls, jacuzzi's would be categorized for setback purposes? Mr. Curtis said ponds and jacuzzis require a 4' setback from property lines. Waterfalls are treated as landscaping and don't require setbacks. Koi ponds are classified as a pool for setback purposes, as long as they have a minimum depth of 1811. Commissioner Orsini asked what would happen if a jacuzzi were built into the corner of a lot? Mr. Curtis said a jacuzzi would have to be 4' from the property line. The Commissioners advised staff to review this because most jacuzzi are built into the corner of the lot. . . . Page 7 - Planning Commission Minutes of August 19, 1992 3. Amend Article II of Chapter 28 of the Code to establish a definition of a -rence-. Chairman Fife asked staff about the foundation for the various heights of block walls/fences? Staff said the footings vary for block walls at 6' and 8' heights. Chairman Fife asked staff about not having wood tack-ons to block walls/fences? Mr. Curtis said the City's municipal Code allows staff to prohibit wooden tack-ons. In the past the City didn't follow through with this but the City's policy now is to require the addition match the existing fence. Public Hearing The Commission decided to discuss each of the three segments together. Charles Antos * 328 17th Street. Seal Beach Mr. Antos supported staff's comments on dealing with properties in flood zones, saying exterior stairs are safety devices for those residents. He suggested, at page 10, B(1) to add an exception allowing Planning Commission review for properties located within the flood zone and/or along Seal Way. The flood area covers more than Seal Way. Page 9 would need the same footnote at ~28-700 because some of the flood zone properties are in the RMD. Regarding detached structures, a structure open on two, three or four sides could be a detached carport located in the rear yard; that can look ugly. Even meeting setbacks, an owner could build a 2' x 30' x 12' tool shed and plant Italian cypress in the remaining 5' setbacks. That would get around the fence limitations and staff doesn't have the manhours to monitor the height of these trees. He urged the Commission to think of their real intent and be more specific. Sol John * 330 Main Street. Seal Beach Mr. John said in 1983 the sewer and drain lines were stopped up City- wide. No one wishing to speak further either for or against this application, Chairman Fife closed the Public Hearing. . Page 8 - Planning Commission Minutes of August 19, 1992 Commission Comments MOTION by Sharp; SECOND by Orsini to approve the proposed changes outlined in Attachment A, amendments to Sections 28-400, 28-700, 28-800 of The Code of The City of Seal Beach. CA, by the adoption of Resolution No. ~ to prohibit exterior stairways at single family residences, when not required by the Uniform Building Code, with the following wording added: Exterior stairways may be permitted on single family dwellings located within identified flood zones upon approval of a Minor Plan Review by the Planning Commission. . Chairman Fife commenting on Attachment A (page 6), (8)(a)(ii), asked why the existing setback for pools must be 4' at the rear property line? Mr. Whittenberg said the provision for that 4' setback is an outgrowth of the Uniform Building Code for seismic stability. The setback allows for soil movement in the event a pool would move during an earthquake the setback would prevent damage to adjacent property. Chairman Fife said where a rear property line backs onto an arterial street you are not talking about endangering adjacent property owners. Director Whittenberg said if the Commission desired to amend that section of the zoning ordinance, he would like the opportunity to go back and look at the building code provisions to see how the two tie in together. Commissioner Orsini said the 4' setback is the pool itself and then you have to have walk deck around it. Chairman Fife said College Park East has many pools which are within 2' or less of the property line. He asked staff to look into this and ascertain the real source. Chairman Fife said that in the Old Town area, where land is dear and expensive, there are a number of things that enhance the capacity of a person to make maximum use of his property. Staff will report back to the Commission on this issue. Charles Antos * 328 17th Street. Seal Beach, CA Mr. Antos said these provisions were put in about twenty years ago because (1) the Fire Department required them for access around the pool and (2) a structural engineering requirement which mandated having all your own foundation and support structures on your own property. Pools are designed with a lot of foundation and structure to support the water, a pool doesn't go straight down. Commissioner Orsini said there must be enough room to get safety equipment around a pool. . . . . Page 9 - Planning Commission Minutes of August 19, 1992 Chairman Fife asked staff to report back to the Commission on rear yard setbacks on swimming pools. MOTION CARRIES: AYES: ABSTAIN: 4-0-1 Sharp, Orsini, Law, Fife Dahlman *** MOTION by Orsini; SECOND by Sharp to re-advertise item #2: 2. Establishment specific setback requirements for non- habitable, detached accessory structures in residential zones. Staff is to report on (1) advisability of an amendment to the existing allowable fence height along properties which abut an arterial street An eight foot fence height is currenUy allowed along certain specified streets; (2) a possible amendment for a ten foot (10') fence height along specified streets; (3) limiting the type of accessory structures that can be built within the rear yard to not include garages and storage sheds. Only to allow for lattice work structure for shade over pools, barbecues, patios etc. Clearly specify that the lot coverage requirements would apply to those structures and provide a recommendation on the maximum width of the property that could be used with that type of accessory structure and anything other than this to come before the Commission as a Minor Plan Review for a site plan review. Chairman Fife asked if the term "arterial streets" would limit many streets in College Park East and West because they dead-end? Staff is to provide the list of streets to the Commission so they can make a determination. Chairman Fife asked staff to include those properties backing onto other public properties. Regarding the structures in the rear yard setbacks, Mr. Whittenberg said it would take three - four weeks to do the additional research and provide additional language. Staff would therefore propose to re- advertise this item again for Public Hearing, rather than pick a date at this time. MOTION CARRIES: AYES: ABSENT: 4-0-1 Orsini, Sharp, Law, Fife Dahlman . . . Page 10 - Planning Commission Minutes of August 19, 1992 MOTION by Orsini; SECOND by Sharp to approve item #3. Amend Article II of Chapter 28 of the Code to establish a definition of a "ence- . MOTION CARRIES: AYES: ABSENT: 4-0-1 Orsini, Sharp, Law, Fife Dahlman Chairman Fife asked what the arguing point would be about IIthis is a fencell or IIthis Is not a fencell? Mr. Curtis said staff's main concern was the cement posts in the alleys should be removed. The posts are not defined as anything and don't require a building permit. It's not a structure and it's not a fence and there's nothing in the Code preventing them from being there. Staff would word the Code in such a way to mandate a building permit and removal of those that don't meet proper setbacks. Chairman Fife asked if a barricade was a structure? Mr. Curtis said no. In his discussions with the City Attorney's Office a barricade would not be a structure but Mr. Curtis wanted to double check that because in his mind It is unclear as to how the defimtion fit. The intent was for the cement post to be considered a fence but it would not qualify as a use of land involving a structure. Mr. Whittenberg said that based on the discussion staff would like to suggest continuing this matter to the Planning Commission meeting of September 9, 1992 to allow clarification with the City Attorney. The Public Hearing was reopened. MOTION and SECOND to previous motion withdrawn. MOTION by Orsini; SECOND by Sharp to continue item #3 to the September 9, 1992 Planning Commission meeting. MOTION CARRIES: AYES: ABSENT: 4-0-1 Orsini, Sharp, Fife, Law Dahlman . Page 11 - Planning Commission Minutes of August 19, 1992 ORAL COMMUNICATIONS Bill Ayres * 707 Central Avenue. Seal Beach. CA Mr. Ayres spoke against entertainment and excessive alcohol consumption along Main Street. He said the Planning Commission holds the key to this issue because they have the power to say yes or no to an application. He spoke about IIresiduell from entertainment and drinking, saying people come to Seal Beach to party. This results In drunkenness, unacceptable behavoir and damage to public and private property. He said the business establishments realize a substantial profit but the City realizes little revenue from liquor sales. He stated there is no way to control things, using Taco Surf's CUP application as an example --- a person operating for over seven years without a City CUP. He was surprised there was no penalty. He noted ABC can't enforce because of their staff cutbacks and added there is no police enforcement in Old Town because the City Is stretched very thin. He urged the Commission to not allow additional alcohol penetration by granting entertainment permits in Old Town. Commissioner Sharp clarified that Taco Surf had no CUP but did have an ABC license and a City business license. Commissioner Orsini said the applicant for Taco Surf holds two other liquor licenses and knew a CUP should have been taken out. . Sol John * 330 Main Street. Seal Beach Mr. John agreed with Mr. Ayres. He said people need police protection. STAFF CONCERNS There were no staff concerns. COMMISSION CONCERNS Commissioner Sharp talked about the fence at Seal Beach Boulevard and Lampson Avenue. Mr. Curtis said the Engineering Department was going to review it but he was not certain of the outcome. Commissioner Sharp asked about the old service station site they have had it fenced and asked what the equipment was? Staff told him it was equipment for soil remediation to clean out soil hydrocarbons resulting from leaking underground gasoline tanks. Commissioner Orsini stated he had received a couple of calls about screens not being present at 101 Main Street, Suite D. This is SeaSide Grill. Chairman Fife asked the status of the encroachments on Crestview. Mr. Whittenberg said staff is reviewing ordinances regarding hillside development . standards. In late September or early October a report will come to the Planing , , . . . Page 12 - Planning Commission Minutes of August 19, 1992 Commission --- with the understanding the City is not involved in major staff realignments resulting from necessary budget amendments. The City anticipates absorbing $300,000 to $800,000 take away of revenue funds from the State of California. Priorities may need to change once a State budget has been adopted. The City may need to react to other things in the immediate future. ADJOURNMENT Chairman Fife adjourned the meeting at 9: 17 p.m. Sincerely, ~~ Joan ~mann Recording Secretary APPROVAL: The Planning Commission ~inutes of August 19, 1992 were approved on September ~ 1992. -4=