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HomeMy WebLinkAboutPC Min 1994-07-06 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of JULY 6, 1994 7:30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #94-22 I. PLEDGE OF ALLEGIANCE II. ROLL CALL Introduction of Planning Commissioner Brown III. APPROVAL OF AGENDA By Motion of the Plannll1g Commission, this is the time to: (a) NotltY the public of any changes to the agenda; (b) Rearrange the order of the agenda; and/or (c) Provide an ol>portunity for any member of the Planning Commission, staff, or public to request an Item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this tune, members of the public may address the Planmng Commission regarding any items withm the subject matter JUrisdiction of the Planning commissIOn, provided that NO action or discussion may be undertaken by the Planning Commission unless otherwIse authorized by law. V. SCHEDULED MATTERS 1. Election of Chairman & Vice Chairman 2. Consideration of Approval of Resolution No. 94-22 A Resolution of the Planning Commission of the City of Seal Beach, California, (Negative Declaration) The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 2 - Clly of Seal Beach Planmng Commission Agenda of July 6. 1994 3. Consideration of Approval of Resolution No. 94-23 A Resolution of the Planning Commission of the City of Seal Beach, California, Recommending to the City Council Approval of General Plan Amendment 94-2A, Amending the" Summary Table of Existing and Proposed Land Uses In Acres"of the Land Use Element to Depict the Increase of Approximately 0.67 Acres of Limited Commercial Land and a Decrease of 0.50 Acres of Medium Density Residential Land 0.17 Acres of Commercial Land within the City 4. Consideration of Approval of Resolution No. 94-24 A Resolution of the Planning Commission of the City of Seal Beach, California, Recommending to the City Council Approval of General Plan Amendment 94-2B, Amending Table 16 of the Housing Element to Represent the Increase of Approximately 0.67 Acres of Limited Commercial Land and a Decrease of 0.50 Acres of Medium Density Residential Land 0.17 Acres of Commercial Land within the City 5. Consideration of Approval of Resolution No. 94-25 A Resolution of the Planning Commission of the City of Seal Beach, California, Recommending to the City Council Approval of Zone Change 94-2, Changing the Zoning of Nine (9) Lots from Residential Medium Density (RMD) and Three (3) Lots from General Commercial (C-2) to Limited Commercial (L-C) at 1600 Pacific Coast Highway (Mitchell Land and Improvement Company) 6. Consideration of Approval of Resolution No. 94-26 A Resolution of the Planning Commission of the City of Seal Beach, California, Approving Height Variation 94-4, Permitting the Construction of Two (2) Covered Roof Access Structures in Conjunction with the Construction of Single Family Dwellings at 237 17th Street and 328 16th Street, Seal Beach VI. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planl1tng commission, staff or the puhltc requests that a specific Item be removed from Consent Calendar for separate actIon. 7. Approve Minutes of June 22, 1994 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 3 - City of Seal Beach Planning Commission Agenda of July 6. 1994 8. Receive and File: 1994 Air Quality Management Plan Response Letter to South Coast Air Quality Management District. 9. Receive and File: Environmental Impact Report - 1994 Air Quality Management Plan South Coast Air Quality Management District. 10. Receive and File: Assembly Bi111888 - EIR Consultant Selection VI. PUBLIC HEARINGS None VII. VITI. IX. STAFF CONCERNS COMMISSION CONCERNS ADJOURNMENT The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 4 - City of Seal Beach Planning Commission Agenda of July 6. 1994 1994 AGENDA FORECAST JUL 20 CITY DEADUNE: V AR 94-3 JUN 15 327 17th & 328 16th Street/O Side Yard Setback/Mitchell (Continued from June 22 Meeting) Adult Entertainment Ordinance 13533 SBB/V-Shaped sign/McCurdy 770 PCH/Drive-thru Restaurant/Burger King 119 8th Street/Remodel! Alexander ZTA 94-1 V AR 94-4 CUP 94-4 CUP 94-5 AUG 03 CITY DEADLINE: ruN 29 CUP #92-26 Review of Tortilla Beach for receipt of ABC lie. & conditions. AUO 17 CITY DEADL1NE: JUL 13 SEP 07 CITY DEADLINE: AUG 03 ZC 94-1 and GPA #94-1(A)&(B) 99/101 Marina Dr. SEP 21 OCT 05 CITY DEADLINE: AUG 17 CITY DEADUNE: ADO 31 CUP #92-2 @ 101 Main/SeaSide Grill/Review hours extension. OCT 19 CITY DEADlJNE: SEP 14 NOV 09 CITY DEADLINE: OCT 05 NOV 23 CITY DEADLINE: OCT 19 DEC 07 CITY DEADL.INE: NOV 02 CUP #93-13 Papillon's @ 12 mos.lindef. exten. of entertainment. Dee 21 CITY DEADLINE: NOV 16 STAFF REPORTS PENDING: NOT AGENDIZED · ZT A #92-2 Entertainment Cafes ACTION: City-wide policy statement on entertainment. The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. Page 5 - City of Seal Beach Planlllng COllllllis~ion Agenda of July 6. 1994 . STATUS: Pending City Manager's input. 1995 IAN CUP #92-13/143 Main/Papillon's/12 mos entertainment CUP #92-25/1400 PCH/Glider Inn/indefinite extension FEB MAR APR MAY JUN JUL AUG . SEP OCT NOV DEC CUP #94-1/600 Marina/Radisson 12 mos. ABC Election of Chairman and Vice Chairman . The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of JULY 6, 1994 I. PLEDGE OF ALLEGIANCE The City of Seal Beach Planning Commission met in regular session at 7:35 p.m. with Chairman Dahlman calling the meeting to order with the Salute to the flag. II. ROLL CALL Chairman Dahlman introduced District I Planning Commissioner Brian Brown. Present: Chairman Dahlman Commissioners Sharp, Campbell, Law, Brown Also Present: Department of Development Services Lee Whittenberg, Director Barry Curtis, Administrative Assistant Michael Colantuono, Assistant City Attorney Absent: Craig Steele, Assistant City Attorney Joan Fillmann, Executive Secretary III. APPROVAL OF AGENDA MOTION by Sharp; SECOND by Campbell to approve the Planning Commission Agenda of July 6, 1994. MOTION CARRIED: A YES: 5-0-0 Sharp, Campbell, Law, Dahlman, Brown IV. ORAL COMMUNICATIONS There were no oral communications from the audience. V. SCHEDULED MATTERS Mr. Colantuono explained that Mr. Steele was absent tonight because he became the proud father of a new baby boy, born today about 5:30 p.m. The Commission extended its congratulations to Mr. and Mrs. Steele and Tyler Steele. . . . Page 2 - City of Seal Bench Plnnlllng (:Oll1l1l1SQIOIl Mlllulcs of July 6, 1994 1. Election of Chairman & Vice Chairman Chairman Dahlman indicated nominations would be taken for Chairman and Vice Chairman. MOTION by Law to nominate Jim Sharp as Chairman. MOTION by Campbell to nominate Anton Dahlman as Chairman for a second term. Mr. Colantuono indicated that nominations do not need seconds. Chairman Dahlman closed the nominations. Mr. Colantuono explained how the Commission should proceed with the vote. MOTION by Campbell; SECOND by Brown to election Anton Dahlman as Chairman. MOTION CARRIED: A YES: NOES: ABSTAIN: 3 - 1 - 1 Campbell, Brown, Dahlman Law Sharp *** MOTION by Sharp to nominate Mary Law as Vice Chairman. MOTION by Brown to nominate Patty Campbell as Vice Chairman. MOTION by Dahlman; SECOND by Brown to election Patty Campbell as Vice Chairman. MOTION CARRIED: A YES: NOES: ABSTAIN: 3-1-1 Campbell, Brown, Dahlman Sharp Law *** 2. Approve Minutes of June 22, 1994 MOTION by Law; SECOND by Campbell to approve the Planning Commission Minutes of June 22, 1994 as presented. MOTION CARRIED: A YES: ABSTAIN: 3-0-2 Campbell, Law, Dahlman Sharp, Brown . . . Page 3 - Clly of Seal Deach PllIullIng COIllnUqqlOn MlIlulcs of July 6, 1994 The Commission discussed whether they should take a separate vote on each resolution under consideration or group them together under one vote. Mr. Whittenberg indicated Commissioners Sharp and Brown should abstain. He further indicated a revision has been suggested for Resolution No. 94-25 at Condition #15, which requires the 3' dedication of building rights at the rear of the commercial properties. In review of the Minutes and in discussion of the matter with the applicants, the applicants requested the Condition be worded to have the 3' dedication of those development rights to apply if the residential units to the south were built closer than the required setback and if they met the setback the dedication would not be required. Staff felt this was the Commission's intent at their last meeting. Commissioner Campbell said she wanted Resolution No. 94-25 pulled out for discussion. Mr. Colantuono read the suggested, revised wording for Condition #15 of Resolution No. 94-25: Prior Wording: 15. The applicant shall record an easement over the southerly three (3') feet of the commercial properties to prohibit future building construction in that area. Revised Wordinf!: 15. The applicant shall dedicate to the City all development rights with respect to the southerly three (3') feet qI the commercial properties, provided however, that if the two residential properties which abut that southerly 3' area are developed with permanent residential structures set back from the property line, between the commercial and residential lots by 3' or such greater distance as is then required by the City Code, then this dedication shall be void. Commissioner Campbell said she would like to see the residential units have a 3' setback because she is concerned about setting a precedent. Mr. Whittenberg explained the issue of a property line setback for the residential units is a part of the continued Variance application to be considered on July 20th. Tonight, the Zone Change is asking for a condition to change the commercial properties that would require the retention of a 3' clear space from the commercial's rear property line if, in the future, there is an approval given to allow the residential units to be built closer than 3' to that property line. Chairman Dahlman said that if the commercial buildings are built first, there will be no residential building within 3' of the back property line and no requirement for an easement. Mr. Colantuono said he re-wrote Condition #15 with that problem in mind, noting the property owner must dedicate it in order to get their zoning. The dedication is written and Recorded and it binds them until they build residential properties 3' away. If the residential properties are never built then the dedication never expires. Commissioner Brown asked what was meant by "Dedication of development rights". Mr. Colantuono explained that a "dedication" is a lawyers way of saying they are going to give the . . . Page 4 - CIty of Seal Beach Planmng Commls~lon Mmul~s of July 6, 1994 City something --- anything from fee simple to dedicating less than that. In this instance, they would be giving the City certain rights --- the right to build anything in an area that's 3' deep. It could be Recorded as a note to a map or as a separate document a formal dedication. It would show up on the title as it would have to be Recorded. Approving this would be approving the Zoning Change, not approving the Variance from the setbacks. Commissioner Campbell asked for further clarification on an approval. Mr. Colantuono explained the approval is either a 3' setback on the commercial side or a 3' setback on the residential side of the line but not both; the applicant may choose one or the other. Commissioner Campbell asked if the current municipal Code required a 3' setback on each side of a building for a total setback of 6'? Mr. Colantuono said the Code requires 3' on the residential side of the line and 0' on the commercial side of the line. It's common to have 0 setbacks in commercial districts. Mr. Whittenberg said the setback in the Limited Commercial zone on the rear yard is 0' for a commercial structure and 3' for a residential structure. What the Commission is considering now would allow for that 3' separation to exist either on the commercial property or the residential property. The applicants propose a 3' to 4' setback on the commercial property and they are seeking approval of a Variance to allow the residential structures to be built on the property line separating the residential and commercial properties. The builder is proposing his commercial structures to be between 3' and 4' from the property line. If the Commission determines not to approve the Variance, then the residential structures would have to be built 3' from the property line, creating a 6' to 7' separation between the residential and commercial buildings. Condition #15 proposes to maintain at least a 3' separation between the structures. Commissioner Campbell asked at what point this could be revoked? Mr. Colantuono explained that if they build residential structures that don't require a Variance from the setback, then this dedication is void. Mr. Whittenberg explained the Commission is looking at a number of alternatives. Under the current Code provisions, if the Commission approved the Resolution with the revised language, that would require the dedication of 3' over the southerly portion of the commercial property and not allow any permanent structures to be built within that 3' area. If the Commission denies the Variance on July 20th, if the applicants build their residential units at the required 3' setback, they could move their commercial buildings back further to the property line and maintain the 3' setback. If the Commission granted that Variance, allow the residential structures to be built on the property line, then you have maintained the 3' separation by Condition #15. If the Variance is denied and the Commission proceeds with a Zoning Text Amendment (ZT A) that would do something different, the City would be in the same scenario of maintaining the 3' setback. Mr. Colantuono said if a ZTA to eliminate the 3' setback on the residential side of the line, the applicant still has to provide 3' on their side of the line. The new wording of Condition #15 suggests that unless they are built 3' or such greater distance required by the Code then in effect. If the Code becomes more lenient they are stuck with 3'. If it gets more strict then they have to deal with more stringent codes. '. . . Page 5 - City of Seal Beach Planning COlllllllSSlon Minutes of July 6, 1994 3. Consider Approval of Resolution No. 94-22 A Resolution of the Planning Commission of the City of Seal Beach Adopting Negative Declaration No. 94-4, Relating to General Plan Amendment 94-2A and 94-2B, Zone Change No. 94-2, and Height Variation No. 94-4 in the City of Seal Beach, California. Commissioner Campbell related a typographical error at page 3 (i) , noting it should be Stegens garage, not Stearns garage. 4. Consider Approval of Resolution No. 94-23 A Resolution of the Planning Commission of the City of Seal Beach, California, Recommending to the City Council Approval of General Plan Amendment 94-2A, Amending the "Summary Table of Existing and Proposed Land Uses In Acres"of the Land Use Element to Depict the Increase of Approximately 0.67 Acres of Limited Commercial Land and a Decrease of 0.50 Acres of Medium Density Residential Land 0.17 Acres of Commercial Land within the City 5. Consider Approval of Resolution No. 94-24 A Resolution of the Planning Commission of the City of Seal Beach, California, Recommending to the City Council Approval of General Plan Amendment 94-2B, Amending Table 16 of the Housing Element to Represent the Increase of Approximately 0.67 Acres of Limited Commercial Land and a Decrease of 0.50 Acres of Medium Density Residential Land 0.17 Acres of Commercial Land within the City 6. Consider Approval of Resolution No. 94-25 A Resolution of the Planning Commission of the City of Seal Beach, California, Recommending to the City Council Approval of Zone Change 94- 2, Changing the Zoning of Nine (9) Lots from Residential Medium Density (RMD) and Three (3) Lots from General Commercial (C-2) to Limited Commercial (L-C) at 1600 Pacific Coast Highway (Mitchell Land and Improvement Company) 7. Consider Approval of Resolution No. 94-26 A Resolution of the Planning Commission of the City of Seal Beach, California, Approving Height Variation 94-4, Permitting the Construction of Two (2) Covered Roof Access Structures in Conjunction with the . . . Page 6 - City of Seal Dench Plnnmng COIIIIIII~,.on Mlllule~ of July 6, 1994 Construction of Single Family Dwellings at 237 17th Street and 328 16th Street, Seal Beach Chairman Dahlman said the last three words of Condition #4 should be struck because there is no Variance #94-3 at this time. MOTION by Law; SECOND by Dahlman to approve Resolutions Nos. 94-22, 94-23, 94-24, 94-25, 94-36 with the changes indicated on Resolutions No. 22, 25 and 26. MOTION CARRIED: A YES: ABSTAIN: 3-0-2 Law, Dahlman, Campbell Sharp, Brown *** Chairman Dahlman asked if Commissioners Brown and Sharp will be able to participate in the July 20th discussions regarding Variance #94-3? Mr. Whittenberg said yes but they will need to review the videotape of the June 22nd meeting. Mr. Colantuono said they must review the portion of the tape relating to this item. Chairman Dahlman, indicating the applicant's presence tonight, said Mr. Bartlett had indicated the applicants would be satisfied with a ZTA. He asked if it would be necessary to wait two weeks to forward the Commission's recommendation to the City Council? Mr. Whittenberg said the Commission has a continued Public Hearing on Variance #93-4. If the applicant wishes to withdraw that request, the Commission would obviously not continue with the Public Hearing. One June 22nd, the Commission had discussed, with no formal action, directing staff to proceed with a ZT A. That instruction could be formally provided tonight and staff would begin that process. On July 20th the Commission would still be in the position to consider approval or denial of the Variance with the understanding that there would be a further consideration of the issue and how it would apply to other similar properties through the ZTA process. Dave Bartlett Mr. Bartlett said he and the property owners, the Mitchell Family & Co., would be in full agreement with a ZTA procedure. There may be an opportunity for them to revisit their plans and just proceed with a "normal" home on that lot. They would like to have the full Commission listen to their justifications on the Variance and noted staff is recommending approval of the Variance. Chairman Dahlman said the fair thing would be to then wait for the Planning Commission's recommendation to the City Council and Mr. Bartlett agreed. Mr. Whittenberg said he would make the video tape of the June 22nd meeting available for viewing at City Hall by Commissioners Sharp and Brown. . . . Page 7 - CIty of Seal Beach PI:UlDlIlg ComnUS'IOII MlIlules of July 6, 1994 VI. CONSENT CALENDAR 8. Receive and File: 1994 Air Quality Management Plan Response Letter to South Coast Air Quality Management District. 9. Receive and File: Environmental Impact Report - 1994 Air Quality Management Plan South Coast Air Quality Management District. 10. Receive and File: Assembly Bill 1888 - EIR Consultant Selection MOTION by Sharp; SECOND by Law to receive and file items #8, #9, #10. MOTION CARRIES: A YES: 5-0 Brown, Sharp, Law, Dahlman, Campbell *** VI. PUBLIC HEARINGS No Public Hearing have been scheduled for this meeting. VII. STAFF CONCERNS Mr. Whittenberg again welcomed Commissioner Brown. VIII. COMMISSION CONCERNS Commissioner Law asked about the summary memorandum on the Main Street Specific Plan. Mr. Whittenberg said this is a summary of consultant feedback. The consultant will use this information to develop a questionnaire which will be sent to all business operators, business property owners, residential property owners and residents along Main Street, Eighth Street and Tenth Street. When those responses are received, the consultant will begin to develop several alternatives for Main Street and conduct a number of public information meetings in an attempt to digest all the information down to one or two preferred alternatives. Those alternatives will become the subject of future Public Hearings at City Council and Planning Commission meetings. This process is expected to take six to nine months. Chairman Dahlman asked when the Planning Commission would begin the Public Hearings on the Bixby proposal as it has not been scheduled on the Agenda Forecast. Mr. Whittenberg advised the Bixby hearings will probably begin in October or November of this year. They would not be placed on the Agenda Forecast until a time when the City has circulated the Draft Environmental Impact Report (EIR) and received the comments back and the City can estimate when they will be able to provide the Response to Comments. When staff can do that, they will tentatively schedule the Public Hearings. The EIR is not complete, final revisions are still being made. When ready it will go out for a 45-day public comment period. All members of the Planning Commission, City Council and Environmental Quality Control Board will be given their own copy to review. . . . Page 8 - City of Seal Bench Planmng <.'011111I1881011 MlIIlIl~~ of July 6, 1994 Chairman Dahlman explained to Commissioner Brown that the procedure for agendizing any concern he may have is to let Joan Fillmann to know by Wednesday of the preceding week. Mr. Whittenberg explained State legislation, the Brown Act, requires the Commission (if the matter is not urgent) to have that matter on the Agenda 72 hours prior to the meeting itself. Mr. Whittenberg noticed Commissioner Brown's family in the audience. Commissioner Brown introduced his wife, Rosie, and his one-month old son, William Alexander. IX. ADJOURNMENT Chairman Dahlman adjourned the meeting at 8:10 p.m. Respectfully Submitted, Joan FiHmann Recording Secretary NOTE: These Minutes were transcribed from an audio tape of the meeting as the secretary was not present at that meeting. APPROV AL: The Planning Commission Minutes of July 6, 1994 were approved on July _, 1994.